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Senate | March 20, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. The Sergeant at Arms will close the doors. Members will go to their seats. Members and guests in the gallery will please silence all electronic devices. Leading the Senate in prayer is the Rev. Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let's pray. Oh Lord God, thou art my protecting arm, fortress, refuge, shield, buckler. Fight for me. My foes must flee. Hold me up and I will not fall. Keep watch over us, oh Lord, and equip us so that we may not be wounded. And finally, Lord, on this special day we need you to stand by us, because we are in need. And we thank you that you are our mighty fortress. And we pray these things in Christ's name and for his sake. Amen. [SPEAKER CHANGES] Senator Pate is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. The journal for Tuesday, March 19, 2013 has been examined and found to be correct. I move that the senate dispense with the reading of the journal and that it stand approve as written. [SPEAKER CHANGES] Without objection, the journal for March 19, 2013stands approved as written. A leave of absense, today, is granted for Senator Parmon. Upon the motion of Senator Bill Rabon, of Brunswick County, the chair is happy to extend courtesies to Mike Forte, Town Commissioner of Boiling Springs Lakes, North Carolina, Jim MacCallum, the Brunswick County Clerk of Court, as well. If you're in the gallery, please stand. Upon the motion of Senator Rick Gunn, of Alamance and Randolph Counties, the chair is happy to extend courtesies to Cub Scout Pack 37 from Ebenezer United Church of Christ in Burlington together with their Cub Master, Mr. Nathaniel Terry. If you're here, please stand. Upon the motion of Senators Pate and Davis, the chair is happy to extend courtesies to the Pactolis schoolchildren from Greenville, North Carolina. And Upon the motion of Senator Wade of Guilford County, the chair is happy to extend courtesies of the gallery to Rebecca Manors, Shelly Miller, Whitney Anderson. They are all students from Appalachian State University and they are representing the National Association of Social Workers. And we also have, upon the motion of Senators Randleman, Hartsell and Stein, courtesies of the gallery are extended to the North Carolina Affiliate of the American College of Nurse, Midwives, Board Members, Affiliate Members, and Supporters who are here. Reports of standing committees. Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] Yes sir Mr. President, sending forward a Finance Committee Report. [SPEAKER CHANGES] Send forward your report. Clerk will read. [SPEAKER CHANGES] Senator Rucho, for the finance committee, submits for passage Senate Bill 8 Increased Fines for Vehicle Removal, favorable.

...Senate Bill 152, "Correct Tech Error in Burgaw Occupancy Tax," favorable. Senate Bill 172, "Modified Jacksonville Occupancy Tax," favorable. Senate Bill 177, "Hookerton/Maysville Satellite Annexations," favorable. Senate Bill 207, "Maintaining Water and Sewer Fiscal Health," favorable. Favorable as amended. [SPEAKER CHANGES] Senate bills 8, 152, 172 and 177, and Senate Bill 207, all calendar. Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] Send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Tillman for the Education, Higher Education Committee submits for passage Senate Bill 231, "Modified Duties/Advisory Council on Indian Education," favorable. [SPEAKER CHANGES] Senate Bill 231, calendar. Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] Send forward your report. [SPEAKER CHANGES] Thank you, Mr. President. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senator Davis for State and Local Government Committee submits for passage Senate Bill 268, "Sunset Beach Canal Dredging Maintenance Fee," unfavor ??less to bill but favor ??less to committee substitute bill. [SPEAKER CHANGES] Senate Bill 268 has a serial referral to the Finance Committee. Members of the Senate, we're about to go to the calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] To send forth a report. [SPEAKER CHANGES] Send forward your report. The clerk will read. [SPEAKER CHANGES] North Carolina General Assembly Select Committee on UNC Board of Governors, to Members of the Senate from Tom Apodaca, Chair. General Select Committee on UNC Board of Governors, RE University of North Carolina Board of Governors nominee, date March 20, 2013. Pursuant to Senate resolution 46, this minute as amended by the Senate resolution 141, the Senate Select Committee on UNC Board of Governors has met and voted on the following slate of candidates to be submitted to the Senate. The Senate will elect eight individuals from the slate to serve on the University of North Carolina Board of Governors. **S. Lawrence Davenport, nominating senator, Senator Brown; Jim ??Yakuman, Senator Daniel; William Kotis, III, Senator Wade; Scott Lampe, Senator Soucek; David N. Levinson, Senator Rabin; Steven B. Long, Senator Barefoot; Joan G. MacNeill, Senator Apodaca; Robert Hill Mulkey, Senator Barringer; Therence O. Pickett, Senator Brunstetter; Robert Sterling Rippy, Senator Goolsby; Harry Leo Smith, Jr., Senator Pate; John Craig Souza, Senator Brown; R. David Sprinkle, Senator Tillman; Steve Franklin Warren, Senator Tucker; Linda Faye Tate Williams, Senator Robinson; Michael ??Whiton Wilford, Senator Meredith. [SPEAKER CHANGES] Senator Apodaca is recognized to explain the procedure for the election of the University of North Carolina Board of Governors. [SPEAKER CHANGES] Thank you, Mr. President, Members. I think we're all familiar with this now, as many of us have been here years before, and the new folks that are here this time have got to experience this. But just a little background. This year we received 22 nominees for election to the UNC Board of Governors. Committee met to consider these nominees, and produced a slate of 16 nominees to present today to the body. The Senate is required to consider a ballot containing nominees equal to twice the number of open slots, therefore we came up with 16. We did go to the math school at Carolina and they helped us. We have 8 slots to fill today. You'll see 16 names on the ballot. Before I discuss the rules, let me give everyone a little heads-up on the process to occur after the ballots are voted and collected. Without objection, I've already asked Senator Nesbitt to designate a member of the minority caucus to join me...

And members of the principal clerk staff to actually count the ballots. When we have a result, the Senate will electronically vote those names and then we'll confirm also, with a voice, voice vote. The rules for today: There will be no nominations from the floor. The 16 names in front of you are the names you'll have to choose from. Winners must have a majority of the votes. Senators must mark eight names for their ballot to be valid. And you also must sign your ballot, for it to be valid. If the need of a runoff occurs, if eight nominees receive a majority of the vote, a runoff for unfilled position, if fewer than eight, excuse me. If fewer than eight nominees receive a majority of the vote, a runoff for the unfulfilled position will be held among the nominees. The number of nominees considered in the runoff will be twice the number of positions to be filled. Last but not least, if there is a tie between two nominees, or eligible for the, okay, a tie for the last position between two nominees who are eligible for the next runoff, both nominees shall be included in the next runoff ballot, even though there will be more than two nominees for unfilled posi-, for an unfilled position, unless the deciding vote is cast by the providing, presiding officer in accordance with 11 section 13, which will not apply because the presiding officer is also a member. So, let's just hope we don't have a tie. And we'll leave it at that. I'll be happy to answer any questions. And while we're doing that, we'll pass out the ballots to each member. [SPEAKER CHANGES] Senator Apodaca, it would seem to be appropriate once the ballots are handed out for us to take a recess. Do you have a suggested amount of time for us to recess while the ballots are being... [SPEAKER CHANGES] I think we should be able to count in 15 minutes, Mr. President. I would hope. Madam Clerk. 15 minutes, if we could? [SPEAKER CHANGES] Okay. [SPEAKER CHANGES] Could I have Senator Tillman, Senator Rucho, and Senator Allran here at my desk to help pass out the ballots, please. [SPEAKER CHANGES] Once, once the ballots are passed out and collected, we'll then take a recess for the count. [SPEAKER CHANGES] The Senate will come to order. Senator Apodaca is recognized to report to the Senate. [SPEAKER CHANGES] Thank you, Mr. President. Members, I am proud to announce the accounting firm of Robinson and Apodaca have independently audited the results of the election, and we're happy to report the winners as follows: William Cotis?? III, Scott Lampe, Steven B. Long, Joan G. McNeil, Terrence O. Pickett, Robert Sterling Rippy, Harry Leo Smith Jr., and John Craig Souza. Mr. President, I move that the body do hereby electronically vote to approve the winners of the official ballot. [SPEAKER CHANGES] Members of the Senate, at this time we will take two votes. The first will be an electronic vote. The second will be a voice vote. The question before the body is the election of William M. Cotis III, Scott Lampe, Steven B. Long, Joan G. McNeil, Terrence O. Pickett, Robert Sterling Rippy, Harry Leo Smith Jr., and John Craig Souza to the University of North Carolina Board of Governors. All in favor will vote aye, opposed no. Five seconds will be allowed for voting. The clerk will record the vote. Graham?? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] 42 having voted in the affirmative and 2 in the negative, William M. Cotis III, Scott Lampe, Steven ?? Senator Rabin, aye? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Anyone else? Forward aye. [SPEAKER CHANGES] Forward aye.

[SPEAKER] Okay. 44 having voted in the affirmative and 2 in the negative. William M. Kotis III, Scott Lampe, Steven B. Long, Joan G. MacNeill, Therence O. Pickett, Robert Sterling Rippy, Harry Leo Smith Jr., and John Craig Souza have been elected via electronic vote. The election will now be confirmed via voice. All in favor of the election of William M. Kotis III, Scott Lampe, Steven B. Long, Joan G. MacNeill, Therence O. Pickett, Robert Sterling Rippy, Harry Leo Smith Jr., and John Craig Souza to the UNC Board of Governors will say aye.[aye] All opposed no. The ayes have it and the Chair declares that William M. Kotis III, Scott Lampe, Steven B. Long, Joan G. MacNeill, Therence O. Pickett, Robert Sterling Rippy, Harry Leo Smith Jr., and John Craig Souza are duly elected to the UNC Board of Governors. The Chairman on the Select Committee on UNC Board of Governs will send a letter of notification of those who were elected to the Secretary of the UNC Board of Governors. Members of the Senate will now go to the calendar, Senate Bill 229. The clerk will read. [SPEAKER CHANGES] Senate Bill 229, Ocean Isle Beach Sea Turtle Sanctuary. [SPEAKER CHANGES] Senator Rabin is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill does exactly what the title says. It puts a sea turtle sanctuary on the beach due to the low water mark on Ocean Isle Beach and allows the Town of Ocean Isle Beach to enforce state law which makes it illegal to disturb, destroy sea turtle nests, the eggs. [SPEAKER CHANGES] Mr. President, Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Will Senator Rabin to yield for a question? [SPEAKER CHANGES] I’d rather not but for you, Sir, I will. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Senator Rabin, is this a local bill? [SPEAKER CHANGES] This is a local bill. [SPEAKER CHANGES] Okay. Thank you. [SPEAKER CHANGES] Senator Rabin is recognized. [SPEAKER CHANGES] Thank you, Mr. President. And with that, our sit down. [laughter] [SPEAKER CHANGES] Is there further discussion or debate on Senate Bill 229? Hearing none, the question for the Senate is the passage of Senate Bill 229 on its second reading. All in favor will say, [AYE]. All opposed no. The ayes have it and Senate Bill 229 passes its second reading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly Enacts. [SPEAKER CHANGES] Further discussion debate. Hearing none, all in favor of the passage of Senate 229 on its third reading will say aye. [AYE] All opposed no. The ayes have it and Senate Bill 229 passes its third reading and will be sent to the House. Senate Bill 148, the clerk will read. [SPEAKER CHANGES] Senate Bill 148, Exempt Certain Steel Tubing Electrical K’ors. [SPEAKER CHANGES] Senator Hunt’s recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill exempts the bonding of corrugated stainless steel gas piping systems from licensing requirements under the laws pertaining to electrical contractors. I know of no opposition to this and, in fact, the State Fire Marshall and electrical contractors think this is okay. I appreciate your support. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Hunt a question. [SPEAKER CHANGES] Senator Hunt, do you yield? [SPEAKER CHANGES] Yes, I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] What is this stuff? [SPEAKER CHANGES] This is the pipes that carry natural gas. And this is simply saying the electrician is not the one that has to do the bonding. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 148 on its second reading. All in favor will vote aye. All opposed no. Five seconds will be allowed for voting. The clerk will record the vote. Kinnaird, aye. 48 having voted in the affirmative and none in the negative. Senate Bill 148 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, all in favor of the passage of Senate Bill 148

on its third reading we'll say aye. Oppose no. The ayes have it and senate bill 148 passes its third reading and will be sent to the house. Senate bill 175. The clerk will read. [SPEAKER CHANGES] Senate bill 175 banking laws clarification corrections. [SPEAKER CHANGES] Senator Brown's recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. As y'all know, last year and last year's session, senate bill 816 rewrote the banking laws of North Carolina, which was the first comprehensive revision in about 80 years. What senate bill 175 does is make some technical corrections and clarifying changes to that revision. All stakeholders had input and I don't know of any opposition to the bill. [SPEAKER CHANGES] Is there further discussion or debate? Hearing on the question for the senate is the passage of senate bill 175 on its second reading. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for voting. The clerk will record the vote. 48 having voted in the affirmative and none in the negative of senate bill 175 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina ?? Act. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none. All in favor of the passage of senate bill 175 on its third reading will say aye. All opposed will say no. The ayes have it and senate bill 175 passes its third reading and will be sent to the house. Senate bill 200. The clerk will read. [SPEAKER CHANGES] Senate bill 200. ?? time forensic certification. [SPEAKER CHANGES] Senator Bingham's recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the senate, this passed unanimously in the ?? committee. It was well ??. I know of no opposition. It'll be certainly a benefit to the crime labs in the state. Thank you! I'll be happy to answer any questions. [SPEAKER CHANGES] Further discussion or debate. Hearing none. Question before the senate is the passage of senate bill 200 on its second reading. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. ?? Senator Hunt. ?? Aye. Senator Tucker. Aye. 48 having voted in the affirmative and none in the negative. Senate bill 200 passes its second reading and without objection [SPEAKER CHANGES] Mr. Chairman [SPEAKER CHANGES] Senator Bingham. [SPEAKER CHANGES] If I could, hold it for third reading. Senator Stine had a question and we'll try to work that out ?? [SPEAKER CHANGES] Third reading having been objected to senate bill 200 will remain on the calender. Senate bill 205. The clerk will read. [SPEAKER CHANGES] Senate bill 205. Eliminate unnecessary testing animal waste. [SPEAKER CHANGES] Senator Walters has recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Senate bill 205 eliminates unnecessary soil sampling. Takes it from one year to three years and it's been ?? with the Department of Agriculture Theener Division water quality and the environmental defense fund has no opposition that I'm aware of. Thank you! I ask for your support. [SPEAKER CHANGES] Further discussion or debate. Hearing none. Question before the senate is the passage of senate bill 205 on its second reading. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for voting. The clerk will record the vote. ?? Aye. 48 having voted in the affirmative and none in the negative. Senate bill 205 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina ?? Acts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none. All in favor of the passage of senate bill 205 on its third reading will say aye. All opposed will say no. The ayes have it and senate bill 205 passes its third reading and will be sent to the house. Senate bill 168. The clerk will read. [SPEAKER CHANGES] Senate bill 168. Clarify education reporting requirements. [SPEAKER CHANGES] Members this is on for third reading. Is there further discussion or debate? Senator Davis, what purpose you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thanks, Mr. President. Members, yesterday we had some ?? discussion on

and it was probably designed to be a simple bill. After session yesterday, we did have a conversation with D.P.I., and they shared that, indeed, the data is being collected, monitored, and recorded as it pertains to at-risk students, as well as monitoring progress and that, in essence, the data that's being collected and used at this point is not sitting on a shelf, but is even more extensive than what is before us here, and therefore they deemed this obsolete. I'm simply standing before you to say, "Welcome back, Senator Tucker and thanks for allowing us to object. For those, the willingness to get this clarity, and we do support this. [SPEAKER CHANGES] Is there further discussion or debate on Senate Bill 168 on its third reading? Here and now the question for the Senate is the passage of Senate Bill 168 on its third reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for voting, clerk will record the vote. Bryant: aye. 48 having voted in the affirmative and none in the negative, Senate Bill 168 passes its third reading and will be sent to the House. Ever since Senate, he is not here at the present time, but our nurse of the day today was Leon Smith from Wilson, North Carolina. If you see Nurse Smith, please thank him for his service. Notices and Announcements. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Brunstetter, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Members, by now you should have received copies of the governor's recommended budget. Tomorrow morning at 8:00 in room 643 the Governor's budget staff will be presenting that budget to the Appropriations-Based Budget Committee. This is a joint meeting with the House. All members are invited, so it's not limited to just the Appropriations-Based Budget Committee. Do please bring your copy of the budget with you. We don't anticipate having extra copies there. 15 minutes after that meeting ends we will have a Senate-only appropriations-based budget meeting and that will be to review Senate Bill 334 "Dorothea Dix Lease." [SPEAKER CHANGES] Further notices and announcements? Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Are there any further notices and announcements? Is there further business to come before the Senate? Senator Bingham, for what purpose do you rise? [SPEAKER CHANGES] For personal privilege. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you Mr. President. It's been a while since I've stood up to make any comments on the Senate, and I just wanted to bring a little short story that I had to tell that happened. This was relative to the Daylight Savings Time that happened of recent. We had a meeting in Davidson County in the Thomason Chamber of Commerce. We had to get up at about 5:00 in the morning to get to the Chamber of Commerce meeting, and getting up I was stumbling around downstairs, and as you all know we take pills for various things, blood pressure, and various et cetera. I have a German Shepherd that weighs about 80 lbs now and the veterinarian had recommended that we give it some tablets for hip dysplaysia. I didn't realize I had opened that bottle and gotten one of those pills out and took it along with a blood pressure pill and something else, but my wife came down and said, "God blaze! What are you doing taking Fuzzy's pills? Those pills are expensive, you can't be taking Fuzzy's pills!" So, I went over to the Chamber of Commerce meeting and told them that if I started barking or scratching that I was still going to be okay. I just wanted to share that with everyone and thank you, Mr. President. [Speaker changes] And Senator Bingham, we won't ask you how your hip is. [Speaker changes] Mr. President. [Speaker changes] Senator Tillman, for what purpose do you rise?

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