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Senate | March 12, 2013 | Chamber | Session

Full MP3 Audio File

The Senate will come to order. Sergeant at arms will 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. All mighty Father, we cry out to you because we know that you hear us. It was said of Seth that he cried out to the Lord, and it can be said of us that we cry out to the Lord, to make our cries pure, and put your desires in our hearts, Lord. We pray for this body, these soldiers, so to speak, that they might hear the words of Isaiah. Put on your beautiful garments. Shake off your dust and arise and be seated with the Lord. For as long as we cry out to you O Lord, our state will be filled with good things. That’s in Christ name we pray. Amen. [SPEAKER CHANGES] Senator Berger’s recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Monday, March 11th, 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 from March 11th stands approved as written. Ratification of bills, the Clerk will read. [SPEAKER CHANGES] Enroll bill. Enrolling Clerk reports the following bills duly ratified for presentation to the Governor: Senate Bill 72, an act to amend uniform commercial ?? article 4A, funds transfer to continue applicability of that article to remittents transfers that are not electronically fund transfers recommended by the General Statues Commission, and the following bill duly ratified and properly enrolled and presented to the office of the Secretary of State. Senate Bill 95, an act to provide for an election procedure for midterm vacancies in Tabor City. [SPEAKER CHANGES] Senator’s leave of absence is granted for Senator Stein. The Chair would like to extend courtesies of the gallery to the members of the North Carolina Home Educators. If we have any home educators with us and students in the gallery, will you all please stand to be recognized? On the motion of Senators Apodaca and Senator Jim Davis of Henderson and Macon Counties. The Chair is happy to extend courtesies of the gallery to JoAnn McNeil of Jackson City, the Chair of Western North Carolina University Board of Trustees. JoAnn, are you with us today? Please stand if you are. Reports of standing committees. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] Send forward a committee report. [SPEAKER CHANGES] Senator, you can send forward your committee report. The Clerk will read. [SPEAKER CHANGES] Senator Allran for Judiciary 2 Committee submits the passage Senate Bill 117, Lily’s Law, unfavorable as to bill, but favorable as to committee substitute bill. [SPEAKER CHANGES] Senate Bill 117, calendar. Senator Newton, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] You can send forward your report, Senator. The Clerk will read. [SPEAKER CHANGES] Senator Newton for Judiciary 1 Committee submits the passage House Bill 180, committee substitute number one, mechanics lean technical correction. Unfavorable as to committee substitute bill number one, but favorable as to Senate committee substitute bill. [SPEAKER CHANGES] House Bill 180, calendar. Senator Tucker, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, to send forth a committee report. [SPEAKER CHANGES] You can send forward your report, Senator. The Clerk will read.

Sarah Tucker for the state and local government committee submits the passage of senate bill 177. Hookerton, Mayorsville satellite Annex Station favorable. Senate bill 128 Harbor Office Alderman unfavorable as to bill but favorable as committee substitute bill. Senate bill 177 finance. Senate bill 128, calendar. [Speaker Changes] Mr. President [Speaker Changes] Senator Brock, what purpose do you rise. [Speaker Changes] Send forth an immediate report [Speaker Changes]you can send forth your report Senator. Clerk will read [Speaker Changes] Senator Brock for the Alcove environmental natural resources committee submit for passage. House bill 33 sends committee substitute number 1 Cleveland Oak Rutherford trapping Repeal; favorable. Senate bill 38 ?? emergency management changes; unfavorable as to bill but favorable as to committee substitute bill. House bill 33 calendar. Senate bill 38, calendar. [Speaker Changes] Mr. President [Speaker Changes] Senator Gunn, for what purpose do you rise. [Speaker Changes] Send forth the committee report. [Speaker Changes] You can send forth your committee report, Senator. Clerk will read [Speaker Changes] Senator Gunn from the commerce committee submits to pass senate bill 9 Utility Design Survey Location Services; unfavorable as to bill but favorable as to committee substitute bill. Senate bill 9 calendar[Speaker Changes] On the motion of Senator Gladys Robinson of Guilford County the chair was happy to extend courtesies of the gallery so Mr. and Mrs. Holloman and their son of Greensboro Home School Association. If you’re with us please stand and be recognized. Introduction of bills without objection, the clerk will read only the introduction of Senate resolution 251 this time. [Speaker Changes] Senate resolution 251. The Senate resolution honoring the girl scouts of the USA. Sponser Senator Baringer[Speaker Changes] Senator Apodaca what purpose do you rise? [Speaker Changes] Mr. President I move that Senate bill 251 just read in by the clerk be brought before us immediate consideration. [Speaker Changes] without objection, so ordered. Senate resolution 251; the clerk will read [Speaker Changes] Senate bill 251. Senate resolution honoring the Girl Scouts of America[Speaker Changes] Senator Baringer is recognized to explain the resolution. [Speaker Changes] Thank you Mr.President. I am very honored and humbled today to bring before you a resolution honoring the Girl Scout week and the 101st birthday of girl scouting. I hope that won’t come as a surprise to you that I’ve been a Girl Scout for 44 years. Exactly. I’ve been profoundly influenced by my girls scout leaders Bonny Price, Ruth Lee, Lucille Holland, Jane Muney, Norma Steves and Jane. All of those ladies were my girl scout leaders and they’re Senator Daniels constituents. I am who I am today in great part because of the girl scout organization. I learned in girl scouting that if you can lead a brownie troop you can lead a corporate meeting. If you can manage a girl scout cookie sale, you can run a marketing and sales program in any major corporation. And finally, because I am a Mariner girl scout, I know that if you can captain a sailboat you can run and be a CEO and maybe even run a small country. I for my adult have been trying to pay forward this debt to the girl scouts. On my 18th birthday I did two things. I registered to vote and I registered to be a girl scout leader so that I could start repaying that debt that to this day I cannot pay. And so at this time I’d like

...present the resolution. Whereas on March 12th, marks the 101st birthday of Girl Scouts of the U.S.A., founded by Juliet Gordon Lowe in 1912 in Savannah, Georgia, whereas throughout its distinguished history, girl scouting has inspired millions of girls and women to the highest ideals of courage, confidence, and character, whereas through the girl scout leadership experience girls develop skills and lessons that will serve them a lifetime so that they may contribute to their communities, whereas girl scouting takes an active roll in increasing girl awareness and opportunities available to them today in math, science, sports, technology, and other fields that can expand their horizons, and whereas girl scouts has shaped the lives of 53% of female senior executives and business owners, 60% of women in Congress, and virtually every female astronaut, and this one, very humble senator, whereas nearly 3 million current girl scout members nationwide will celebrate 101 years of this American tradition with 50 million women who are former girl scouts, the living proof of the impact of this amazing movement, and whereas in partnership with tens of thousands of adult volunteers, Girl Scouts of North Carolina serves more than 67,000 girls in all 100 North Carolina counties, be it resolved that the Senate honors the memory of Juliet Gordon Lowe for her role in founding the Girl Scouts of the U.S.A. and expresses appreciation to the members of the girl scouts for their commitment to building girls of courage, confidence, and character who make the world a better place. Finally, I would like to recognize that there's a group of girl scouts here today, celebrating with us, and they will be serving us milk and cookies after session and those are the Girl Scouts, girls and volunteers, who are members of the North Carolina Coastal Pines organization of which I am affiliated. I appreciate this opportunity to recognize the girl scouts, and I appreciate all the work that those girl scout volunteers do. Thank you. Thank you, Mr. President. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the adoption of Senate Resolution 251. All in favor will vote Aye, all opposed will vote No. Five seconds will be allowed for the voting, and the Clerk will record the vote. 49 having voted in the affirmative and zero in the negative, Senate Resolution 251 is adopted. And upon the motion of Senators Barringer, Blue, Barefoot, Cook, Hunt, Stein, and Kinnaird, the Chair is happy to extend courtesies of the gallery to the North Carolina Coastal Pines Girl Scouts. So if you're with us, please rise and be recognized. [CLAPPING] [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, what purpose do you rise? [SPEAKER CHANGES] Mr. President, I believe we need to take a recess if we can until, say, I have 2:30 now, so 3:00 if we could, so for thirty minutes? [SPEAKER CHANGES] We will stand in recess until 3:00pm subject to the introduction of bills. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] Senator, you have the floor for an announcement. [SPEAKER CHANGES] Republicans will caucus as soon as we recess. [SPEAKER CHANGES] Thank you, Senator. [SPEAKER CHANGES] Mr. President? Nesbitt. [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. To make an announcement that the Democrats will do the same. [SPEAKER CHANGES] Thank you, Senator. Senate stands in recess. [SPEAKER CHANGES] Introduction of bills. Senate Bill 244 enacted to establish the music therapy practice act; sponsor, Senator Tucker. Refer to rules and operation of the Senate. Senate Joint Resolution 245, a joint resolution honoring the life and memory of Edward L. Ed Williamson, former member of the General Assembly; sponsor, Senator Walters. Refer to rules and operation of the Senate. Senate Bill 246 enacted to provide equal income tax treatment of government retirees' benefits; sponsor, Senator Randleman. Refer to pensions, retirement, and aging. The principle referral to finance. Senate Bill 247 enact to provide for a referendum in the town of Ronda, on the issue whether or not voters of that town should be able to recall from office the elected officers of the town; sponsor, Senator Randleman. Refer to state and local government. Senate Bill 248 enacted to ensure that patients have the right to hearing aid specialist under their health benefits plans and to authorize the North Carolina state Hearing and Fitters Board to increase certain fees; sponsor, ...[AUDIO ENDS].

Clerk: … senator Hartsville, refer to healthcare. Senate bill 249, an act to reestablish the NC progress board, sponsor Senator Hartsville, refer to rules and operation of the senate. Senate bill 250, an act to amend the mistake personnel act, to exempt from coverage certain employees of the office of information technology service, and the office of state personnel, sponsors: Senators Hart, Tucker and Jay Davis, refer to appropriations based budget. Senate bill 252, an act to increase the criminal penalty for certain violations of the control substance act, sponsor: Senator Jay Davis, refer to judiciary two. Senate bill 253, an act entitled a designated sheriff, deputy police sheriff, designated police officer, investigating the illegal use of controlled substance, may inspect prescriptions, and pharmaceutical records, and may also obtain data in the controlled substance system maintained by the department of health and human services, refer to judiciary 1. Senate bill 254, an act to appropriate funds to the department of health and human services division of public health to establish the public well program, and to establish environmental health specialist dedicated for the public well program, sponsor: Senator Hartsville, refer to the appropriations budget. Senate bill 255, an act entitled to create a tax on new jobs created by small businesses, sponsor: Senators Mcclarey, Walters and Clark, refer to finance. Speaker: Senate will come to order. On the motion of Senator Clyde of Aclemburgh County, the chair is happy to extend courtesies of the gallery to the 4th grade class of Rivergate Elementary School in Charlotte, and their teacher, Jesse Mahay. If you are here today, please stand to be recognized [clapping] Speaker: Senators, moving on to the local bill. Second roll call senate bill 81, the clerk will read. Clerk: Senate bill 81, charlotte regional airport authority. Speaker: Senator Rucho is recognized to explain the bill. Representative: Thank you Mr. President. Ladies and gentleman of the senate, senate bill 81 establishes a regional, a Charlotte regional airport authority, is a local bill that tries to bring in some regional buying to what is a very key asset to not only the city of Charlotte or the region, but the state. Senator Apodaka, that airport is the 6th busiest airport in the world. Yes sir, not McClemburgh County – the world. That being said, t is a very key component to the economic success of not only that region, but the entire state. People in NC, both people on vacation or on business, can go to Charlotte and then anywhere in the world, because of the fact that we are fortunate to have the Charlotte Douglas airport in NC. The only reason it is there, because we really do not have the population density to support an airport of that size, between 7/800 flights across the world, but because of the fact that it is a very low cost airport hub for airlines to utilize. That is why U.S. Air and the combination U.S. American have used it as a hub and will continue to do so, but the key component to it is to be sure that the proper leadership is in place to allow forth that continuation of that low cost hub. If we loose that, not only do we lose an economic driver, not only for Charlotte, the region, but for the entire state, and that would be a real tragedy. I will say to you that this purpose of this bill is to establish an authority made up of selections of business people with experience in aviation and logistics and business law and bonds, and other areas that will

firm leadership with experience and dedication to make not only the Charlotte Douglas Regional Airport an international airport, and allow it to reach its full economic potential, but ladies and gentlemen of the Senate, if you haven’t learned, the intermodal park, that is part of that airport, is a critical economic component because it will add tens of thousands of new jobs to the state, it will add millions of dollars to the economy, because that will be the Eastern internal port for the East Coast. That being said, it is critical the right leadership be put into place to allow for the full implementation of a plan, so that we can take full advantage of its economic opportunities. There were some questions discussed during the two committee meetings that were had, one was in Finance and the other was in Commerce. We’ve made every effort to try to explain all of the concerns and you have a bond letter before you that explains the questions that we’re dealing with, talking about the fact that this is an explanation of those concerns, and the conclusion says that for the reasons stated above, it is our view that the creation of the authority as a successor, which is allowed under the bond documents, of the city with the respect to airport pursuant to percentable 81, will not impair contractual obligations owed to the bondholders of the airport revenue bonds, and therefore should not require even bondholder approval. There was a lot of discussion about the bondholders. This letter explains the fact that they really don’t need to do that, because it’s not the city of Charlotte that guarantees that airport revenue bonds, it is the airport itself, and it is subsequently the airlines that use it because they are the last source of collateral for those bonds. It is well supported, it is well financed, and if it’s well managed, the sky is the limit both in the airport and the intermodal park. There were other discussions regarding the question of whether the city deserves some form of compensation for it. If you look back during World War II, the city was given 600 acres by the federal government to allow them to exclusively use that land for an airport. It was given to them, so there was no cost to that. There was some expansion. Initially, revenue bonds were all paid for by that airport and, very candidly ladies and gentlemen of the Senate, the city of Charlotte cannot use its taxing authority to pay for the principal, the interest, or premiums of any of those bonds, so the airport stands on its own merit both rating and elsewise. Like in anything, what we’ve learned in the legislature over the last few years, and whenever there is something being done, anybody can sue anytime they want. If the city of Charlotte decided to sue for something of compensation, I’m sure the airport would manage it, but if the city of Charlotte was actually interested in the well-being and the continued growth of that asset, why would you want to undermine it? Therefore, I can’t even imagine they’d be willing to consider something like that, even if they have the legal authority to do so. Mr. President, I have one amendment that I’d like to submit now. [SPEAKER CHANGES] Senator Rucho, do the members have a copy of the amendment? [SPEAKER CHANGES] They do. [SPEAKER CHANGES] Send forward your amendment, Senator. The clerk will read. [SPEAKER CHANGES] Senator Rucho moves to amend the bill. [SPEAKER CHANGES] Senator Rucho is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the senate, you have before you a technical type amendment that allows for this piece of the legislation and the authority to continue to have what the city of

????,it will have the authority to do so. And again this is basically just conforming lanuage, so we can have consistancy with what the adau authority already has. [SPEAKER CHANGES] Apodaca i, Berger i... Ryan, no. 35 having heard the affirmative and 14 in the negative. Amendment one is adopted, and the bill as admended is back before the body. [SPEAKER CHANGES] Mr. president? [Speaker changes] Senator gram, what has your i`s... [SPEAKER CHANGES] Speak to the bill. [SPEAKER CHANGES] senator you have the floor speak to the bill. [SPEAKER CHANGES] First i`d like to ask senator padaca a question that arose in here. [SPEAKER CHANGES] Senator Apodaca is not in the room, Senator Apodaca? Is there a Senator Apodaca? Senator Apodaca, will you yield to a question. He yields, senator you have the floor. [SPEAKER CHANGES] Sentor Apodaca for the last two weeks we were waiting on a opinion from a bond counselor, i was under the oppression that we were waiting to hear from the state treasure office. Today we received this memo from Jones Walker, we dont know who aligns for a better law it is, it is a amenadon not a a legal opinion, besides no case law. should we wait to hear from the state treasure who ultimatily has the management responsibilites before we respond and head down this rode? [SPEAKER CHANGES] Senator its my understanding that, they all go to outside console to get this opinion. Thats one reason we are waiting, the treasure is still waiting, for outside console that has not been involved in this bond. so, you know we can argue that one console is better than the other. in my experience there are particular attornies i dont care for,either side, but SO I think with that being said this has got a long course to run, the house can take it up if something comes back differently, but i think it time to move it on. [SPEAKER CHANGES] Follow up. Senator do you have follow up, that yields.. [SPEAKER CHANGES] this letter is not to the general assembly, its not to any of the bond holder, its not to those who have any particular interest in this matter other than to the bill sponsor, so im a little considered in reference to thy independence of the letter. [Speaker changes] I understand that senator, i think we have to defer the bill sponsor that he is comfortable to what what he received, then it would rest on him. [SPEAKER CHANGES] speak to the bill [SPEAKER CHANGES] Senator you have he floor speak to the bill. [SPEAKER CHANGES] Ladies and gentle of the senate i raise today on behave of the citizens of scarlet. I raise today as a former member of the scarlet city console, that had a fifty share responsibility of the airport. Along with my college Senator Clark Felter, and i raise on behave of the citizens of district 40, many of whom live and reside in the city of scarlet. former scarlet major Ben Douglas, back in the thirties was considered a visionary. The airport today Scarlet Douglas international airport was named after him. Back in the thirties in the mist of the depression, he encourage the citizens of Scarlet and its leadership at the time to buy bonds for what he consider to build a modern airport. He believed to that grow and development of the city of scarlet depended was directly related to air travel. And that airport was just as important as the natural resource of water. the city of scarlet and its citizens took that leap of faith with Major Douglas at that time. And by the mid-thirties Scarlet had a number of air traffic in terms of number of cargo and passengers. Majors and city console after Major Douglas, and contemporary times, major belt, major Venroot, Major Gant, Major Knocks, democrat and republicans alike, and consoles since that time. Both democrat and republicans alike,AND IN FACT THE governor of the state of North Carolina today, who was major for fourteen years all took care of nurturing...

that have a sponsor and a sub-prime time and space- day invasion that the invasion of them that this country, ?? to the defense of the 71 city ever- it not for the fifth time just a bit of light that for day-to-$5000 with 7000 of the U.S. trial shows that may have the support of your senses that businesses ice time is not some of the show with the citizens of Shawmut it has lacked referencing ?? to have that happen is for small section of the citizens of these on a pace with business leaders to oppose changing ?? become a structure we had the bill's sponsor falls into the back-of-this, this tough time Santa is the case the cited the ?? they have to adapt to find something that we that'll than half of the data said that has happened at-bat the division at a cost of 70 doubles match the deal of time shots in this bill for the majors said it says that, saw this one economist, the Vincent im-fifth of the city to the cities of winters, division, that's the `, and chime the wind up only one of the causes of proximity to the city's solid and Showtime fashionable the center of the Scandinavian-sponsored up effectiveness and efficiency of show up at this special no time at department of education by the governor of them, it was the the best of a shot into a double those that might have a style of the effective and efficient in terms of which the specifies that the drive to the station the ashes to happen yesterday that without a doubt that most members of the house which uses a 20 years of strategy that riled the message is being built today and instances of a that the construction company of $7.6 billion in debt of the ?? has the highest-of-and mid- U.S. television, the hard-to- activities of the time of the situation for us that the benefit to that of a-day cash management, has said that because of strong measures to ensure that the court chimes to decide whether the stop-shop ??-up investors in- inventory as soon as he has ?? at the issues and events benefit from some republicans like anyone have the time, this was detected in appliance division of the city as the fans of the time the two- the two- week about the Maryland house of one of the FDA is available for commitment, 20 years and at the time to convince-expected the City Council has invested one billion dollars a copy from the bonds of the time to happen, so the investing in the fishermen runways and Coppola said, is ?? ??................

https://www.mturk.com/mturk/continue?hitId=3HSYG7LRBJXN7PZBXX6VTWTZCMRKK 7 We're putting our money where our mouth is in terms of protecting and enhancing this regional asset. Of the top 10 airports in the country in terms of ?? all of them, all of them, Atlanta, Chicago, LA, Dallas, Denver, are city run airports, or have authorities appointed by mayors and city council. Charlotte Douglas International Airport by any measure, it's not broken. Charlotte Douglas International Airport, by any measures, have taken ?? of this airport, not for the citizens of Charlotte, but for the region. There are operational questions in reference to the bonds. This where I, I, I, I think we need to pay close attention to in reference to these bonds. Senator Rucho produced a letter that states everything will be okay. Just take $300,000,000 and don't worry about it, everything transfer over, no harm, no foul. The city bond attorney sent a, a letter that you have on your desk that takes a different perspective on it. And, not only does it, takes a different perspective on the issue relating to the bonds to the airport, people look at the third paragraph which I think is extremely important, and I quote from the letter, we also wanted to raise the issue for you about the affect of this legislation on the city's other enterprise debt financing including water and sewer, storm water and transit. The city should consider whether it needs to include specific disclosures in it's official statement related to the General Assembly's ability to transfer a city enterprise to an authority without the city's consent or approval. Since the city does not know what impact the General Assembly's actions will have on bond holders, it cannot predict if something ?? might happen in the future. I mean, well, every member in this room would have to worry about your water, and your, your regional airport and your authorities because the state may come in and take it away from you. So there's too many unanswered questions, too many concerns in reference to these bonds to move forward in this fashion. I tried to ask, why are we doing this? And that's something the bill sponsor in his preamble never said. He said he wants the, he wants regional buy in. We've always had regional buy in. No municipality. Charlotte regional partnership. Mecklenburg County, York County, Union County, Lincoln County. No one has offered a different opinion in reference to the operation of the airport. He states that we want to maintain that as a low-cost airport hub. It is. And it will be in the future. It's in the best interest of the enterprise and the best interest of US Airways, American Airlines. He talks about proper leadership. Talks about proper leadership for the airport. Well for the last 77 years, under the direction of the city and council members, and our advisory board, and our advisory board reads like a who's who of Charlotte businesses leaders past and present. Their extension goes well beyond the city limits. These are men and women who have ?? and expertise in a wide variety of companies and businesses that bring those expertise to the airport. There isn't leadership at the airport. Again he talks about the inter-modal park. Well this is something that ?? Senator Clodfelter has been talking about for years. Planning and strategy, making sure that we all are investing in the airport. And the talks about the letter. The General's ?? letter. The letter that we waited two weeks for. The letter that is an opinion not a memorandum, it's a memorandum, I'm sorry, not an opinion. No case law of it. I guess it fits the purpose.

Gentlemen of the Senate, I, you may be asking yourself right now, well all this is so good now. The airport is so effective, so efficient. The airport is doing its job. The management structure is there. Why are we discussing this legislation, why the change? I don’t know. You may be asking me, Malcolm, does the Charlotte Chamber of Commerce support this? They’ve taken no position. Does the Charlotte Regional Partnership supports this? They’ve taken no position. Does the Mecklenburg County Board of County Commissioners which represents the towns and cities support this? They’ve taken no position. They’ve all ask why are we doing this? Why are we intentionally breaking something that’s effective and efficient , that’s not broken, why are we doing it on purpose? Why are we about to destabilize the region? So I went back and did some research. And I said well, let me read what the bill’s sponsor has been saying in the papers. Let me listen to past interviews he has on the radio and come up with what I think this is all about. What he talks about the Charlotte Airport and low cost and how that somehow the intervention of the police department at the airport has driven up the costs of the airport and that’s why we need an authority. What he does’t say is tell the story about Mr. Tisdale. He doesn’t tell you that a 16-year-old high school student found himself at the airport. By all standards, he was a good student, ROTC student. He climbed over the fence which was supposed to be a secured perimeter undetected, makes his way across the tarmac undetected. Finds himself in the wheel well of a plane, U.S. Airwest Flight 1176 bound to Boston. That plane takes off from Charlotte to Boston. They don’t know whether or not young Mr. Tisdale died because he froze to death at the high altitude. They don’t know whether he was crushed to death of being in the wheel well. Or he, they don’t know whether or not he died because he fell from the sky upon landing in Boston. The Charlotte City Council fulfilled its fiduciary responsibility and ordered a comprehensive study of airport security. Two weeks later, someone else was able to penetrate this, the airport. That study done by the Charlotte Mecklenburg Police Department, TSA, all those agencies that have touchpoints at the airport concluded that changes were needed. And in fact, before that incident occurred there was only 42 full-time officers at the airport, the sixth busiest airport in the world. So yes we saved some money, but every passenger was in danger. Instead of Mr. Tisdale jumping that fence, it could have easily been a terrorist jumping that fence. The City of Charlotte fulfilled its fiduciary responsibility and took the necessary actions to make sure that every visitor at that airport, every boy, girl, man, and child, woman, all were safe and secured. And the Charlotte Mecklenburg Police Department added that level of security. That’s why some of the opponents said that well, we don’t want Charlotte intervening with security at the airport. I say that they fulfilled their fiduciary responsibility. And then they were saying that well, we don’t want the City of Charlotte taking money from the airport and utilizing it for other city services. Well, you just can’t do that. That is against the law. It’s against FAA regulations. In short, the city attorney has said, simply put, airport revenues cannot be used to fund non-airport municipal server programs such as public transit or city-wide police services. Just not happening. You can’t do it. False analogy, simply cannot do it. So that part of the

Simply does not add up for a whole lot of folks. And then they said that the airport was only being managed by city managers sitting in the corner doing something. I'm paraphrasing. If fact, the airport is backed by the seventeenth largest city in the country. A professional staff under the direction of the city manager instructed by the city council and mayor. It has always taken its fiduciary responsibilities serious in terms of growing the airport and the proof point is the airport's effectiveness, it's efficiency, it's ability to create jobs for the region. A regional asset. So to say that somehow the city is not doing it's oversight responsibilities simply is not true. Then they said well, the airport director is near retirement so we've got to do something. I have a whole lot of respect for Jerry Orr, our airport director. He was there when I was a member of the city council. But I have a funny feeling that if he should leave today or tomorrow, retire today or tomorrow, is terminated today or tomorrow, that the seventeenth largest city in the country with the backing of a major stakeholder like US Airways, can identify and find someone can run the Charlotte Douglas International Airport.There was a time when it was said that the two chairs that Senator Berger and Senator Apodaca sit in today that what's going to happen when Senator Rand and Senator Basnight leaves? We didn't skip a beat. We just kept moving. And if Mister Orr leaves today or tomorrow, the city of Charlotte will not skip a beat. We will keep moving. And this was the one that really kind of surprised me a little bit. Well, we've got to change the Governor's structure of the airport today before something bad happens tomorrow, and I'm paraphrasing. The airport is effectively run, very efficient, very well managed, is healthy. It's vital to the economy. Everything is working great but we want to change that just in case something happens tomorrow. That's like you're going to the doctor and the doctor says all your tests are fine: your urine sample, your blood pressure, your heart rate, stress test, everything. You're fine; you're fit; you're a specimen of health but wait. Just in case something happens tomorrow I'm going down to order you to the ER room because we're going to take out your heart and give you a pacemaker. Each and every one of you would look at your doctor as though he was crazy. I'm fine, I'm healthy, I'm fit. You're about to make matters worse not better. I am standing before you today urging you not to rip out the heart of the region by transferring the airport that has been everything, a model of success to an authority. We don't know the full impact of the bonds. Senator Rucho has a letter, City of Charlotte has a letter. The proper thing to do is to wait for the State Treasurer's Office but we're not doing that. The proper thing to do was to study this issue to see if a change is warranted. And with that Mister President, I'd like to send forth an amendment. [SPEAKER CHANGE] Senator, do the members have copies? [SPEAKER CHANGE] They should. The amendment would be the study bill amendment. [SPEAKER CHANGE] Senator, you can send forward your amendment. [SPEAKER CHANGE] I think the clerk has it. [SPEAKER CHANGE] Senator, will you read the number code at the top? [SPEAKER CHANGE] S81ARW11 [SPEAKER CHANGE] Members, does everybody have copies? The clerk will read. [SPEAKER CHANGE] Senator Graham moves to amend the bill. [SPEAKER CHANGE] Senator Graham is recognized to explain the amendment. [SPEAKER CHANGE] Thank you Mister President. This amendment basically is entitled An Act to Study the Governor's Structure of the Charlotte Douglas International Airport. The City of Charlotte has agreed and has already moved forward to formalize a study committee

for that, that these and I'm antsy as active communist-life Mages of the sentence-contract that has a sense and Japan-bashing the time has been fed governors, as if that is the issues associated with high quality of life of the control to 30 -half of the destruction time-have mentioned a day than 45-cent average for joining forces to the seventies fashion this that I'm out of a second day of the above statements included us to-shore this can happen to offset the higher-than those that have activities and I'm the highest since the attack, the city's solid that have a major asset management and the state that students ID because of the state has issued the best -time state of the San Jose to the study of the cities of this time instead that the senate, effective manner so that we did not want it to the White House that day that chimes has been with 78 years of this for a division that works at a time as that's a tough time those and that's it-has-five, a ?? advocate of a eyes of the Davis is a lot more stable up for the state of the mission this time this is the four-to the consequences of this division-shot lead as the times-as-is-as of June 8 amendment center for same as he writes if the last trial at the history in the past year limited, rebel of time and is now have yet to be known as it is raping, in which means that we have the timecard in the region and bopping show he is about to roll around after the operation people that sprints and the IP he has an impact in what you want a ?? of intent to have a history to me a question about the keys against the timeline and Demi ended up into a wheel, I did, for example in which the original trial of each of us have acted there has been studying the other day, one of the Andes committee on economic study in North Carolina in the time that he has been here 2004 to 3 people can point to point to the economy built on it should not be a tough time selling is happy actually made in the toolbar and whenever it in me this about what we try to get published industry and riled down to have an opportunity for a smooth transition of two and a hearty own strings and he committed partners ?? and also the fact that he is a regional airline and will have the opportunity to provide the contributions selections of beach and including a time seizure of and 18¢ for the U.S. Senate I reviewed if he does, and it's in this month, so that we can do a ?? being extended partition wants me center Federal judge this-is-cents-a-set, and riled at hasn't even at the Hyatt, as possible via the man as well as teach others in his fortune in the center console happen to live in the middle and an assistant for 178 and the use of the all-too ??............

get some facts and some data so that I can make the best decision. I will tell you this, based upon my word as a gentlemen, if the facts come back and support an authority, I will support and authority. But the fact of the matter is no one in this chamber right now knows. Not even the bill sponsor. So I would just ask for your strong consideration to study this issue so we can get the facts and so we can see what's in the best interest of the city of Charlotte and in the entire region. Thank you Mr. President. [SPEAKER CHANGES} Mr. President. [SPEAKER CHANGES] ?? [SPEAKER CHANGES] To speak to the amendment. [SPEAKER CHANGES] Senator you have the floor to speak to the amendment. [SPEAKER CHANGES] Thank you. I join Senator Grayham and Senator Ford in commending the amendment to you. If this bill is a good idea today, it will be a good idea tomorrow. If it's a good idea with some tweaks and some conditions and some adjustments today, then it will still be the good idea with those tweaks, conditions, and adjustments tomorrow but we will have had a chance to get those done on the front end first before we launch out into an adventure. If on the other hand this bill is a bad idea today I sure would like to know it before I do jump over the cliff. And I think most of your probably approach the business of this chamber the same way. There's a cautionary tale that I want to tell in just a second but let me make reference to the logistics of the study that Senator Rich alluded to you and let me read to you precisely what they recommended. These are there words, not mine. It's pertinent to the amendment that's been offered. Further investigation and legal expertise is needed to formulate the appropriate governance and financing models for these proposed regional assets and the model may differ from region to region. However, these models should be developed and questions answered before embarking on subsitive actions related to their creations and the expenditure of funds for the inland ports and infrastructure related thereto. That's the task force recommendation. Case by case, each on its own, they may differ from time to time and area to area and asset to asset and I think that's a very good recommendation for us and the amendment speaks to that. And finally Mr. President I want to offer a caution to us. Some of you who were here in the last session will realize that we tried that already. We tried it with the airport owned by the city of Ashville. And today, over a year after that legislation was passed, things are still in Limbo with respect to the status of that airport. Legislation has no yet been implemented because of objections lodged against the legislation by the federal aviation administration. Objections that have not yet been answered or fully resolved. So that airport sits in Limbo stature which is not good for economic development of western North Carolina regions in any way. And how long that limbo will continue? I don't know. That log jam could break tomorrow, or it could take a long period of time for it to ever be resolved. In the meantime, uncertainty reigns and that's not a responsible way to proceed with a decision of this magnitude and for that reason, I think the amendment is worthy of your consideration and deserves your support. The city has heard the bill sponsor and that's why they have agreed to a May 1st deadline so that the results of all of the questions that you have and that they have and that everyone has can be answered in time for them to be back in front of this session of the General Assembly. I don't think anyone would say that's foot dragging. They've agreed to pay for it themselves and they've secured the cooperation already of U.S. Airways. They should be given that opportunity, I ask you to vote yes on the amendment. [SPEAKER CHANGES] Any further discussion or debate? ?? [SPEAKER CHANGES] Mr. President speak on the amendment. [SPEAKER CHANGES] Senator you have the floor the speak on the amendment. [SPEAKER CHANGES] Thank you Mr. President. Members, Tim Cloudfelter brings up an excellent point about the actual airport. The FAA still hasn't ruled. They're still kicking it down the road. But it also defeats the first point of the argument that you should study this. The bottom line is you won't get the FAA to do anything until you present what has to be done to them. So if you study this some more and a year from now you send it to the FAA, you're going to wait a couple more years

years before you get a decision back so you should go ahead and move forward, send it to the FAA and let them deal with it at their pace which is glacial at the most and then go forward so I ask that you support this amendment so we can get the ball rolling and get this over to the House; I mean defeat the amendment. I am so sorry, I may vote for it but I think I'll vote against it. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Klodfelter what is the purpose for your ??? [SPEAKER CHANGE] To speak a second time on the amendment. [SPEAKER CHANGE] Senator Klodfelter has the floor to speak a second time on the amendment. [SPEAKER CHANGE] Senator Apodoca they do move at a glacial pace but having read the materials that they presented and the questions they posed, every one of them could have been anticipated in advance, they are all laid out in FFA regulations and they could have been considered and dealt with on the front end and we would not have had the delay we are currently experiencing with that legislation. [SPEAKER CHANGE] Any further question or debate? Hearing none, the question for the body is the passage of amendment 2. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting, the Clerk will record the vote. 17 having voted in the affirmative and 32 in the negative, amendment 2 fails and now the bill as amended is back before the body. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Graham, for what purpose of your ?? [SPEAKER CHANGE] To send form an amendment. [SPEAKER CHANGE] So do the members have copies of the amendment? [SPEAKER CHANGE] Yes sir, its SR S81ARW14. [SPEAKER CHANGE] Thank you, Senator. You can send forward your amendment. The Clerk will read. [SPEAKER CHANGE] Senator Graham moves to amend the bill. [SPEAKER CHANGE] Senator Graham is recognized to explain the amendment. [SPEAKER CHANGE] Thank you Mr. President. Ladies and gentleman of the Senate, if indeed this is to be a regional authority, then in fact, the members who are appointed to the authority should be appointed by individuals coming from the region. The bill as it is outlined gives an appointment to the authority to the Governor, gives an appointment to the Speaker of the House as well as President Pro Tem of the Senate. This amendment amends the bill that would give an additional appointment to the Mayor of the City of Charlotte, an appointment to the Chair of the Mecklenburg Board of County Commissioners which represents the panels around the city of Charlotte and Charlotte and it gives an appointment to this chief executive officer of the Charlotte Regional Partnership which is a non profit organization that deals in regional partnership, regional cooperation; this group has been working together for some time now and I think that if we are true to the sense of the authority then there is no need to give power brokers in Raleigh an opportunity to appointment members to a regional board where they have little or no governing structure. I hope you will accept the amendment. [SPEAKER CHANGE] Any further discussion or debate? Hearing none, [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Richards??, for what purpose is your ?? [SPEAKER CHANGE] Under the authority of the chair, I just want to make sure I have the correct amendment here. What is the number of that, sir? Excuse me, I need to ask the question to make sure I have the right amendment. [SPEAKER CHANGE] Go ahead, Senator. [SPEAKER CHANGE] It is SR S81ARW and it should include the Mecklenburg Board of County Commissioners and Charlotte Regional Partnership. 14. [SPEAKER CHANGE] I don't have 14 in front of me. [SPEAKER CHANGE] Senator Richards ??, do you have further comments? [SPEAKER CHANGE] Yes sir, I'm sorry. I'm sorry, I was reading the number 13 portion, I assume that was the one he was talking about but needless to say, in this situation, the people that are selected, each county commissioner, each of the surrounding counties get a chance to select somebody that will represent the interest of the entire region coming from those counties; the Mecklenburg County does already have a vote as does the mayor and the city council and then there were two or three

sees it, take up to speed up there any speaker and broke him as soft shoes time, as well as representation from a year of his intellect and that this because a time and sat on the Chilean Sea bass said that there is a violation of a felony of time, Stephanie Haynes means alliance with the transportation improvements and more expansion of you want to bring us into war hero part time he be issued in Rollins led a team of republicans and democrats have an opportunity to help in an effort to make sure that the implications economic butter that in one time, will be at the end of that being said, this seems to be sufficient proper time on the loss of control EC spending will be fair, of the committee itself so that we can find to one of the show the fire engines, so there's no reason for the times of India and other to pull down on the number three times that sent us this man speak to the center for history at hand is the perspectives is another issue I mean, if the area, here for all that is that concerns me is that of an invasion , and the status of vendors pay, and not Thailand, the staff's houses in today's editions that there seems to be a passive history of the years and congressmen and companies have some slack Time -Life and cities shot advantage of this one have any data shows me that somebody in the play statement that's the best economy and the end of the NASDAQ, and times faster than any status endorsed backs of these events are all fully support is in process that if, as well as passage of time all-if I was the man of 60-bed with that ?? in the 17 times, and that even if it meant we have some estimates that one of the this-?? to read us hasn't been 70% of Eastman date has passed the time they have entertained it said the only to have the advantage is time-sensitive this is a message to the foundation said time was that if the FDA is not to have them in the tile and if finances Chaffin, a position on taxes-pick up at the end of the citizens of all the times, this division's-the west, the city says the command of this evidence and-a-lifetime event will have some pictures fiction system up and the headline obstacle: a five-cent-zero tile that seem to be the events center for media and instead of by the time our regional, the regional transportation warriors which includes the entire region ?? so happy that I was until three months ?? his war on the slopes usual and the request of city whether or not answered means that one of the sweetener for his other entities for a stable time to stop and orange Cones will bounce in the spec is what this state has won four of all the other top rated school critics in the times for the maintenance of us take 14 from Wednesday ??.......

Because the way we do business, with credit in this state, is, We don't walk away from debt, and we don't take chances with municipal debt or state debt. We're sound [LAUGH] excuse me, wrong, sounder than the dollar. In terms of the debt issue ??? the state of North Carolina and its subdivisions. I don't monkey around with that. I don't want to monkey around with that. I want to know what the treasurer says, and I think that's the responsible thing for us to do here. Um, I want to say something else about a topic that Senator Graham didn't address. I don't want to repeat what he's already said. I want to talk about the general assembly's power and ability in the circumstances we're in with this particular piece of legislation. It troubles me that, [SIGH] Well let me back up. Constitution of this state gives us authority in this body to provide for the governance of local government. Counties and cities. Article 7 section 2 says: we shall provide for the government of local-- of localities in the state. We can do it however we want to do it. We can do whatever we want to do with respect to the government of cities and counties in this state, and so, I've heard it said that this is well within the General Assembly's power to act, and therefore lets just go ahead and do this. This is what we think is right. We have the power to do this. Lets just go ahead and do it. I don't want to caution you that that is not very clear, but that's the correct answer, about whether the General Assembly has power to act in these circumstances, to do this. The, um, the municipalities in this state are really two headed creatures. The courts[?] have a dual function. They act as governments, but they also act as private corporations. They act with the powers of government in some cases, but they also act the same as a proprietary corporation would act. That's what the difference between governmental action by a local government and proprietary action by a local government means. Again, those of you who have been in local government know exactly what I'm talking about: The difference between the governmental role of a city and the proprietary role of a city. I'm going to to read you what our Supreme Court says about that. I'm not going to interperet, 'cause I don't want you to take my interpretation. I'm going to read their words of what they say. They say, "Municipal corporations posess a double character. One govenmental, legislative, or public. The other in a sense proprietary or private, In their private character the theory is that their powers are supposed to be confered not from considerations of government of the state at large but the private advantage of the community that is incorporated as a distinct legal person. And as to such powers, and to property aquired there under, and contracts with reference there to, the municipal corporation is to be regarded as a private corporation. Or at least not public in the sense that the power of The Legislature over it or the rights represented by The Legislature are omnipotent. In matters govenmental in character, it is conceded that the municipal-- municipality is under the absolute control of The Legislature. But as to its proprietary or private functions, The Legislature is under the same constitutional restraints that are placed on it with respect to private corporations." That's a statement directly from our state Supreme Court. Now what is an Airport? That question has been in the courts twice already in North Carolina. One is coming out of Rahleigh-Durham, the other coming out of Ashville. Both times the Supreme Court said unanimously: an airport is a proprietary or private operation of the city, not a governmental operation. It belongs to the city in the same respect as any other private property. And so what are the constitutional limits on what the legislature can do about that private property? And again, the Supreme Court of this state in a case against the city of Albermarlough [SP?] has told us the answer to that question already. We don't have to guess. Not my words. Not my interpretation. These are their words: It may be admitted that corporations such as cities may in some respects be subject to legislative control, but it will

Partly be contended that the legislative power is so transcendent that it may at its will take away the property of the corporation or change the usage of its funds acquired under the ?? period. Full stop. Can’t be done. City of Albemarle took the General Assembly to the Supreme Court on that question and that’s exactly what the Supreme Court said. The United States Supreme Court has also said the same thing. It has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to party B. Period. That’s exactly what’s happening in this legislation. That’s exactly what’s happening in this legislation. And this is an experiment, you know? The city may choose not to contest this if we take this action, but they may choose to contest it as Albemarle contested the action of the General Assembly with respect to its water system. But why do we want to put this airport at that risk? Why do we want to create that kind of turmoil? Why do we want to take that chance of disrupting a first-class, well-run, world-class airport? I’ve heard no good reason for doing that. All I’ve heard are guesses about what might happen in some future, unknown world, under conditions no one can describe. That’s not a sufficient reason for taking the property of the City of Charlotte, without compensation by the way. And beyond the power of the General Assembly to do so. I would ask you to vote against the bill. [SPEAKER CHANGES] Any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Blue, for what purpose do you rise? [SPEAKER CHANGES] Speak briefly on the bill. [SPEAKER CHANGES] Senator Blue, you have the floor to speak on the bill. [SPEAKER CHANGES] Mr. President and ladies and gentlemen of the Senate, I was going to remain quiet but I’ve seen three developments here today that cause me great concern. First let me say that my whole orientation toward the takings clause of the North Carolina and the United States Constitutions I guess was shaped by Republican views on it. I was one of the rare early sponsors of the limitation of governments of this state in exercising eminent domain, and what they needed to do so that they clearly when they took property, they were using it for a public purpose, and public use. I also in looking at these amendments that have been turned down, believed the rhetoric that I heard, that the people who decide whether they’re going to take your property or impose conditions on it, are people that you ought to have some opportunity to vote out of office or keep in office. First thing this legislation that you’re preparing to pass has done is violate both of those principles. You know, flight paths are very important concepts. I remember the fights we had at Raleigh Durham, as it became a bigger airport and some of the quieter planes started coming in. Especially 20 years ago when the area was developing rapidly under the flight path. A lot of the people who appointed the airport authority, either Raleigh City Councils, the Wake County Commissioners, the Durham County Commissioners, or the Durham City Councillors, came under extreme pressure to pressure the FAA and other folk, to make sure that those planes came in quiet, that stage 3 aircraft was used quicker than it ordinarily would have been. That is quieter aircraft. Yet you vote for an amendment that says somebody can determine all those things about the Charlotte airport, who lives 50, 75 miles away in another county and not going to feel any of the heat for the decisions that they make. On eminent domain. You talk about somebody who lives 75, 80, 90 miles away being able to condemn residences in the City of Charlotte, because that’s who’s around the airport now, and the people who are condemned have no choice but to go along with it. They can’t vote the rascals out of office who did it to them, and they can’t vote the rascals out of office who appointed those who did it to them. That’s not the case with the Raleigh Durham Airport Authority, it’s not the case of the Triad Airport Authority, I don’t believe. Because I think that all of the counties have skin in the game. These counties here don’t have any skin in the game because there’s no price they pay when they make decisions direct

affecting the citizens around that airport. The other thing that I've come to appreciate very much is the certain conservative nature of a lot of republicans that have befriended and followed. And I read these two, well, I read one opinion, from a law firm in North Carolina that does bond work in North Carolina, and I happen to do some, but does extensive bond work. One of the most highly recognized and I think revered lawyers who does bond work in the state, says that if we believe that the legislation will create several issues. However note that it would require much more diligence to complete a full review of all the potential impacts. Who says that in bonds that the city might issue in the future that you will have to put a disclaimer in it that the general assembly might come back and somewhere or other, undo what this bond has said it was doing. Not just with Charlotte, but for Raleigh, for any government in the state. And, lastly, the letter voices the opinion. My firm also does some securities work, and some class actions associated with violating securities laws of misrepresenting issues to both shareholders, bondholders, and various others who act on the information that you've disclosed for them. And, the lawyers in this chamber, every single lawyer will certainly remember a lesson I learned my first night at law school when my law school Dean said, you know, you folk are headed to a different experience. And you've got to remember invested in you starting today is a knowledge of the Constitution, a knowledge of the law, that nobody else in this society will have. And part of your obligation will be to use that knowledge because you are the unique possessors of it. But use it as such a way that it benefits everybody and use it cautiously. So, when you look at this thing from this law firm down in Louisiana and you realize that there's no action that anyone can take based on the representations in this memorandum. First, there's no privy between the person that it's sent to and anybody who's bought bonds, whether it’s the city who issued them or anybody who may have purchased them. So there's nothing you can do if this fellow is giving you bad advice. You can't go sue him for the 800 million, or billion dollars that the airport is worth. On the other hand you get an opinion, and that's why they carefully choose the words in this memorandum from Louisiana. It doesn't say it's our opinion. He says I have this view of it. He doesn't say that this is a fact, or this is a fact, or this is a fact. Opinion letters have to take a hard position on the issue. We issue them all of the time, whether it's in this area, or in real property or anything else. You take a hard position saying that I'm going to stand by this opinion because it's official. This thing from Jones Walker is like a first year legal memorandum. Every first year law student knows how to make one. The law can be this, the law could be that, we've reviewed this, reviewed that, but I'm not taking a hard position on what the law is, and you can't hold me accountable for it. That's what you got going on here. And so I say to the lawyers in here, all of them, that you all know what the implication of this thing is. We're playing with fire, we're really playing with real money here. And if it adversely affects the airport at Charlotte then it adversely affects the airport at Raleigh, and it adversely affects every governmental unit in the state. And we ought to be a little more careful before we march down that road. You said that this is a local bill. The only thing that's local about it is that the sponsor says that I'm from Mecklenburg and this airport's in Mecklenburg everything else you've made it state wide. It's the only reason I got an extra senate. You make the appointments state wide, you make its implications at least region wide. And you do everything except make it local. You say that if it fails it affects the rest of the state and it affects the region. So it's not just a local bill. All of us have an interest in it, and all of us ought to vote based on those interests, rather than unfortunately as happens to us sometimes we get marched down the road like lemmings, and we feel we can't do anything about it. At some point, my friends, we have to stand up for what we believe, especially when we know in our heart of hearts-

That we're making the wrong decision, and we're being driven to that decision for no good reason. I hope you'll wait until we can get an opinion form the treasurer so that her office or the lawyer that she has hired can tell us what the real law is and we can then make informed decisions. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Nesbitt for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President, to speak on the bill. [SPEAKER CHANGES] Senator Nesbitt you have the floor to speak on the bill. [SPEAKER CHANGES] Thank you Mr. President and members of the senate. Welcome to the new face of politics in North Carolina. I've been experiencing this for over a year and it's given me a lot of time to think about it, and I'm gonna tell you something, we're all sitting here, we know that the city of Charlotte built this airport. I've always - and it's interesting to me, I've always considered the folks from [AUDIO DROPS], they'll walk back over there and sit down. They're no worse off. The people of Charlotte are out an airport. And that's what you're gambling here. Actually in some of our instances my concern is that those people locally will never control the asset again. This is being set up so the folks of Charlotte can't [AUDIO DROPS] a little bit. But because one guy decides he's bigger than everybody there, he goes and gets him a posse and they get legislation and off we go. Empire building, [??]. You end up with an appointed board that nobody elects to hold them accountable. When they start off the cliff you can't stop them. If their city employees you can call your city council and you can have input and they can put a stop to it. But in this case they won't stop until it hits the bottom off the other side. And for those of us that this happens to along the way we can see that and it's usually done by members who are either from other counties or don't represent the city. It's a great deal in terms of where their districts come from. So the city can't even get back to the people that are doing this to them. And the people that voted [AUDIO DROPS] in those cities cannot do anything about it. Surely we're not gonna run the state of North Carolina this way, where we're all under threat of our neighbor deciding he likes what we've got and come and taking it. Because he's a democrat and you're a republican. And let me tell you something that's really really serious in this bill, if you read that letter from that bond attorney he says that down at the bottom of page four I think it is, he said it's unlikely that the transfers contemplated in this bill would cause there to be [AUDIO DROPS] a re-issuance of the airport revenue bonds. Well he may be right about that. The people that are going [AUDIO DROPS] to cause it to be reissued and they're gonna cause it have trouble are the bond holders. Do you think that you can go in and do a hostile take over [AUDIO DROPS] and take these people's airports and they're [AUDION DROPS], predict if something like this would happen in the future like taking their water system or taking their sewer system. And it may be a material disclosure for the city to tell the bond holders that the general assembly has introduced legislation to remove an enterprise form the city's control. And potential bond holders should be aware if such were to happen to the...

But enterprise system, another one in the future, that it could adversely affect the bond holders. Now you put that in a bond issue and try to sell it. Say we’re going to build some water lines out here and we need to borrow about a billion dollars and oh by the way they may come and take it away from us and we won’t own it tomorrow but somebody will pay you. Senator Clodfelter pointed out to you what a great standing we have in the financial community in this country. We’re fixing to get in serious trouble if we dump off and split and I would ask you the best thing to do is vote against this bill and let’s stop and we can come back later if we see some wisdom in it and do it. [SPEAKER CHANGES] Any further discussion or debate? Hear none. Question for the senate. Is the passage of the committee substitute number two to senate bill 81 as amended on its second reading? All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote. Thirty three having voted the affirmative and 16 in the negative. The committee substitute number two to senate bill 81 as amended passes its second reading and will remain on the calendar. Do we have any notices or announcements today? Senator Brown for what purpose do you arise? [SPEAKER CHANGES] Announcement [SPEAKER CHANGES] Senator you have [break in recording]…all for your announcement. [SPEAKER CHANGES] Just a reminder republicans will caucus immediately after session. [SPEAKER CHANGES] Senator Tucker [SPEAKER CHANGES] ?? caucus will meet at 7:30 in the morning in Room 414. We’re having Commissioner Tauter come over and encourage all of you to come that will. Thank you. [SPEAKER CHANGES] Any other notices or announcements? Any further business to come before the senate? If not, the Chair recognizes Senator Apodaca for motion. [SPEAKER CHANGES] Thank you Mr. President. I have two motions, first one is I move that senate bill 187 currently in the rules committee, studies on humans unlawful, be removed from rules and re affirmed committee on healthcare. [SPEAKER CHANGES] Without objection so ordered [SPEAKER CHANGES] Mr. President I move…[break in recording] … that the senate do now adjourn subject to the introduction of bills and resolutions, the receipt and referral of committee reports and the receipt of messages from the house and the governor to reconvene Wednesday, March 13, 2013…