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Senate | March 21, 2013 | Chamber | Session

Full MP3 Audio File

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] Heavenly Father, as a deer pants for the watering brooks, so my soul pants for Thee. Oh God, my soul thirsts for God, for the living God. Why are you in despair, oh my soul, and why have you become disturbed within me? Hope in God. Or I shall again praise Him for the help of His Presence. And so today we place our hope in You, Lord, Heavenly Father, Maker of heaven and earth, and we ask You to help us to hunger for You and for Your righteousness in this place. In Jesus' Name we pray. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Wednesday, March 20, 2013 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for March 20th stands approved as written. Leaves of absence are granted Senators Rabin, Parmon, and Goolsby. Senators, our nurse for the day is Dr. Beth Barba of Greensboro, North Carolina. Dr. Barba, if you'd please stand to be recognized. Thank you for your service today. Ratification of bills. The Clerk will read. [SPEAKER CHANGES] Enroll bills. Enrolling clerk reports the following bill duly ratified for presentation to the governor. Senate bill 50, An Act to Prevent Identity Theft of Discharged Veterans by Restricting the release of military service discharge documents. Senate bill 84, an act to require the cancellation of an aircraft labor and storage lien when a surety bond in an amount equal to one and one-fourth times the amount of the lien claimed is deposited with the clerk of court. House bill 180 An act to make various technical corrections to the law governing mechanics' liens [SPEAKER CHANGES] Reports of standing committees. Senator Pate, for what purpose do you rise? [SPEAKER CHANGES] To send forward a committee report, Mr. President [SPEAKER CHANGES] You can send forward your report, Senator. Clerk will read. [SPEAKER CHANGES] Senator Pate of the Healthcare Committee submits for passage Senate bill 140 unfavorable as to bill but favorable as to committee substitute bill titled An Act to Increase the Recognition Reported in Prosecution of Those Who Would Defraud or Financially Exploit Older Adults and to continue the task force on fraud against older adults as recommended by the task force on fraud against older adults [SPEAKER CHANGES] Senate bill 140 judiciary 1 We started with local bills today and, moving into our calendar, second reading roll call bill Senate bill 177. The Clerk will read. [SPEAKER CHANGES]Senate bill 177 Hookerton Maysville Satellite Annexation [SPEAKER CHANGES] Is there any discussion or debate? Hearing none. The question before the Senate is the passage of Senate bill 177 on its second reading. All in favor, vote "Aye", opposed vote "No". Five seconds will be allowed for the voting. The Clerk will record the vote. [SPEAKER CHANGES] Tucker aye. Tillman aye. Rabon aye. Blue aye. Bingham aye. Woodard aye. Ford aye. Newton here. [SPEAKER CHANGES] Forty-six having voted in the affirmative and zero in the negative, Senate bill 177 passes its second reading and will remain on the calendar. Senate bill 152 the Clerk will read. [SPEAKER CHANGES] Senate bill 152 Correct Tech error in Burgaw Occupancy Tax. [SPEAKER CHANGES] Any discussion or debate?

Speaker: Hearing none, the question before the senate is the passage of the senate bill 152 on its second reading. All in favor will say aye [aye], opposed, no [silence]. The aye’s have it. Senate bill 152 passes its second reading and will, without objection, be read a third time. Clerk: NC general assembly enacts. Speaker: Further discussion or debate? Hearing none, all in favor of the passage of the senate bill 152 on its third reading will say aye [aye], opposed, no [silence]. The aye’s have it. Senate bill 152 passes its third reading and will be sent to the house. Senate bill 172, the clerk will read. Clerk : Senate bill 172, modified Jacksonville occupancy acts. Speaker: Any discussion or debate? Hearing none, the question before the senate is the passage of the senate bill 172 on its second reading. All in favor will say aye [aye], opposed, no [silence]. The aye’s have it. Senate bill 172 passes its second reading and will, without objection, be read a third time. Clerk: NC general assembly enacts. Speaker: Any further discussion or debate? Hearing none, all in favor of the passage of the senate bill 172 on its third reading will say aye [aye], opposed, no [silence]. The aye’s have it. Senate bill 152 passes its third reading and will be sent to the house. We are going to move into public bills, senate bill 8, the clerk will read. Clerk: Senate bill 8 , increase fines for vehicle removal. Speaker: Representative Meredith is recognized to explain the bill. Representative: Thank you Mr. President. Members of the senate, this bill simply puts current fines for towing vehicles in line with the highway patrol charges for towing. I would appreciate your support and am open for questions. Thank you. Speaker: Any discussion or debate? Hearing none, the question before the senate is the passage of the senate bill 8 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: 47 having voted in the affirmative, 0 in the negative. Senate bill 8 passes its second reading and will, without objection, be read a third time. Clerk: NC general assembly enacts. Speaker: Any discussion or debate? Hearing none, the question before the senate is the passage of the senate bill 8 on its third reading. All in favor will say aye [aye], opposed, no [silence]. The aye’s have it. Senate bill 8 passes its third reading and will be sent to the house. Senate bill 71, the clerk will read. Clerk : Senate bill 71, amend arrigation contractor’s licensing law. Speaker: Senator Tucker is recognized to explain the bill. Representative: Thank you Mr. Speaker and members of the senate. This bill came through our licensing committee last year and we went ahead and adopted it. this bill simply is technical correction change, a b change and a grandfathering clause into the bill – pretty much what we passed last time. I appreciate your support. Speaker: Any discussion or debate? Hearing none, the question before the senate is the passage of the committee substitute to senate bill 71 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: 47 having voted in the affirmative, 0 in the negative. Committee substitute to senate bill 71 passes its second reading and will, without objection, be read a third time. Clerk: NC general assembly enacts. Speaker: Any discussion or debate? Hearing none, all in favor of the committee substitute to senate bill 71 on its third reading will say aye [aye], opposed, no [silence]. The aye’s have it. Committee substitute to senate bill 71 passes its third reading and will be sent to the house. Senate bill 83, the clerk will read. Clerk: Senate bill 83, incur voluntary care at free clinics. Speaker: Senator Bingham is recognized to explain the bill. Representative: Thank you Mr. President. Ladies and gentleman of the senate, this bill has taken a number of years to get to where it is today, and the NC medical society has supported this, and I have no opposition from the NC advocates for justice. This is from the trial lawyer association. This will be a dramatic help to the free clinics in NC which presently offer $172 million in free services a year to our citizens. It has been – the free clinics in my area have been extremely helpful and I urge your support. I will be happy to try to answer any questions Speaker: Thank you senator. Is there any further discussion or debate?

Hearing none, the request before the Senate is the passage of the Committee substitute Senate Bill 83 on the second reading. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the vote and the clerk will record the vote. Ford? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] 47 having voted in the affirmative and 0 in the negative, Committee substitute Senate Bill 83 passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly ?? [SPEAKER CHANGES] Any discussion or debate? Hearing none, all in favor of committee substitute Senate Bill 83 on its third reading will say Aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no? The ayes have it. Committee Substitute Senate Bill 83 passes its third reading and will be sent to the House. Senate Bill 207. The clerk will read. [SPEAKER CHANGES] Senate Bill 207: Maintaining water and sewer fiscal health. [SPEAKER CHANGES] Senator Tucker is recognized and will explain the bill. [SPEAKER CHANGES] Thank you, Mr. President and members of the Senate. This bill came forward from the treasury. This bill will outline and allow the treasury department to move faster than current law allows them to do so when a municipality should file bankruptcy. They can move in pretty quickly and be able to maintain water and sewer for those customers in the town that would otherwise have no service. We had a lively discussion in committee about it, there was a word changed by the city of Charlotte. To my knowledge, everybody's on board with this. I'll be glad to answer any questions. [SPEAKER CHANGES] Thank you Senator, any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 207 on its second reading. All in favor will vote Aye, opposed will vote no. Five seconds will be allowed for the voting, the clerk will record the vote. Daniel? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] 47 having voted in the affirmative and 0 in the negative, Senate Bill 207 passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, all in favor of passage of Senate bill 207 on its third reading will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Senate Bill 207 passes its third reading and will be sent to the House. Senate bill 231. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion relative to the calendar. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you Mr. president, members. Senate Bill 231: To modify the duties of the advisory council on Indian education be removed from today's calendar and placed on the calendar for Tuesday, March 26th. [SPEAKER CHANGES] Without objection, so ordered. Senate Bill 200. Clerk will read. [SPEAKER CHANGES] Senate Bill 200. Extend Time for Forensic Accreditation. [SPEAKER CHANGES] Senator Bingham is recognized, explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Senator Stein had a question, a very legitimate question and we came to a compromise and I think he has an amendment that he will be presenting for you and I would encourage your support. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise. [SPEAKER CHANGES] Send forth an amendment. [SPEAKER CHANGES] Do the members have copies signed? [SPEAKER CHANGES] They have. [SPEAKER CHANGES] Then you can send forward your amendment, the clerk will read. [SPEAKER CHANGES] Senator Stein moves to amend the bill. [SPEAKER CHANGES] Senator Stein is recognized, explain the amendment. [SPEAKER CHANGES] Thank you Mr. President. I'd like to thank Senator Bingham, Senator Newton and Senator Goolsby. We discussed this bill in committee and it has to do with extending the date when all labs should be accredited. It's in everybody's interest and the interest of the justice system to have accredited labs because you're more likely to get the right analysis done, which will make it more likely we can get convictions when they're guilty and we don't wrongfully convict people who are not. There are a couple labs that need more time, but there was a consensus that seven years was putting it off too long in the future. This dials it back 2 years to a 5 year extension. Hopefully they will work hard and get accredited as soon as they can. We ask for your support. [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of Amendment 1. All in favor will vote aye, opposed will vote no, five seconds will be allowed for voting, the clerk will record the vote. Nesbitt? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] 47 having voted in the affirmative and 0 in the negative, Amendment 1 is adopted and the bill as amended is back before the body. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute Senate Bill 200, as amended on its third reading. All in favor will vote Aye

[Speaker changes.]...Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 47 having voted in the affirmative and zero in the negative, Committee Substitute Senate Bill 200, as amended passes its third reading. The amendment will be engrossed and sent to the House. [Speaker changes.] Senate Bill 36, Clerk will read. [Speaker changes.] Senate Bill 36, APA technical clarifying changes. [Speaker changes.] Senator Hartsell is recognized to explain the bill. [Speaker changes.] Thank you, Mister President. Members of the Senate, because there is a technical or clarifying error in a technical or clarifying bill, I would ask that we not concur so that we can make a technical or clarifying modification. (Laughter.) ????? [Speaker changes.] Senator Hartsell recommends that you do not concur on the concurrence. Is there any further discussion or debate? Hearing none, the question before the Senate is concurrence in House Committee Substitute to Senate Bill 36. 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. [Speaker changes.] Mister President? [Speaker changes.] Senator Clodfelter, for what purpose do you rise? [Speaker changes.] I was terribly confused by the explanation of that bill. I'd like to change my vote. (Laughter.) Like to change my vote from aye to no. [Speaker changes.] Senator Clodfelter changes his vote. [Speaker changes.] Mister Chairman? Same... [Speaker changes.] Senator Graham would like to change his vote as well. [Speaker changes.] Mister President? ??? for me. [Speaker changes.] Senator Barringer would like to change her vote. (Laughter.) [Speaker changes.] Senator Tillman, the only one left. [Speaker changes.] I do not wanna change my vote. [Speaker changes.] Senator Tillman does not want to change his vote. (Laughter.) Thank you, Senator. [Speaker changes.] One having voted in the affirmative, and 46 in the negative. The House Committee Substitute Senate Bill 36...Senate does not concur and the House will be so notified. [Speaker changes.] At this time, we'd like to thank our Pages for the week. Pages, we thank you for your work this week...we hope you've enjoyed working with the Senators and we hope you'll come back and see us again. We appreciate your support. (Applause.) Do we have any notices or announcements? [Speaker changes.] Senator Nesbitt, for what purpose do you rise? [Speaker changes.] Thank you, Mister President. To make an announcement. [Speaker changes.] You have the floor for an announcement, Senator. [Speaker changes.] Democrats will caucus immediately after session. [Speaker changes.] Any other notices or announcements? If not, the Chair recognizes Senator Berger for a motion. [Speaker changes.] Thank you, Mister President. I move that the Senate do now adjourn subject to the introduction of bills and resolutions, the receipt of committee reports, and the receipt of messages from the House and the Governor, to reconvene on Monday, March 25, 2013, at 7 PM. [Speaker changes.] Motion's that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Monday, March 25 at 7PM. Seconded by Senator Wade. All in favor say aye. (Ayes.) Opposed no. The ayes have it. The Senate stands adjourned. (Gavel.) [Speaker changes.] [Speaker changes.]