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Senate | March 28, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant 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 Milliner Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us pray. Father in Heaven, as we come to the end of this week, and grow closer towards Good Friday and Easter, may we hear the words of a christian martyr. We cannot do everything, and there is a sense of liberation in realizing that. This enables us to do something, and to do it very, very well. It may be incomplete, but it's the beginning, a step along the way, an opportunity for the Lord's grace to enter and do the rest. We may never see the end result, but that's the difference between the master builder and the worker. We are workers, not master builders. Ministers, not messiahs. We are prophets of a future that is not our own. We pray in Jesus' name, Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Wednesday March 27th, 2013 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stands approved as written. [SPEAKER CHANGES] With that objection, the journal from March 27th stands approved as written. A leave of absence is granted today for Senator Brunstetter. Senators we do have a doctor with us today. Dr. Haresh Cathard of Louisburg, North Carolina, please stand and be recognized. Thank you for your service. Ratification of bills. Clerk ?? [SPEAKER CHANGES] ?? request the following bills due to be ratified for presentation to the governor. Senate Bill 44: an act to permit disclosure of certain information pertaining to workman's compensation coverage by the North Carolina Industrial Commission, as recommended by the joint legislative committee on workman's compensation, insurance coverage compliance and fraud prevention and detection. Senate Bill 97 an act to require release of property taxes in any area that was part of a munisipality for six months or less ??. [SPEAKER CHANGES] Motion of Senator ?? of Wake County the chair is happy to extend courtesies of the gallery to R?? and his grandsons Justin and Bryson, who are with us from Garner, North Carolina. If you'll please stand and be recognized. Reports of standing committees. Senator Hise, what purpose ?? [SPEAKER CHANGES] Send forth committee report. [SPEAKER CHANGES] You can send forth your report, Senator. Clark will read. [SPEAKER CHANGES] Senator Hise of the healthcare committee submits a passage senate bill 208, effective operation of 1915 B and C waiver. Unfavorable as to bill, but favorable as to committee ?? bill. [SPEAKER CHANGES] Senate bill 208 calendar. [SPEAKER CHANGES] Senator Tillman, cochairman of the education/higher education committee placed a memo with an attached resume on each members desk today. The clerk will read the memo. [SPEAKER CHANGES] North Carolina ?? To the members of Senate, from Senator Soucek, Tillman, cochair of education/higher education committee RE: State board of community college election nominee. The senate must elect one member of the state ?? for a six term beginning July 1st, 2013 to the state board of community college. The senate education/higher education committee has met and screened a proposed candidate as to his qualifications, background, lack of stature..

[??] and bills is served if elected to [??] was elected as nominee something of the nominees abide by the tax Edward Lynn Ray [Speaker Changes] Senator Tillman is recognized to explain the state board of community college election process [Speaker Changes] Thank you Mr president. Members. I will explain the process that we follow each year for selecting our nominees. Community college board, the state senate education, the higher education committee met on March 20th to receive nominations for elections to the senate. There is one seat on the state board of community college that the senate will fill. There is only one nominee for the seat That is Mr Edward Lynn Ray There were no further nominations, no further nominations were received from the floor and I would like to make the following motion, Mr President. I move pursuant to the general statute 115D-2.1.B 4 F. Let the senate conform the election of Edward Lynn Ray TO THE STATE board of community college for a term of 6 years beginning July 1st 2013, Thank you. [Speaker Changes] Thank you Senator. The Senators would be doing two votes on this motion, a voice vote and then a electronic vote following that. All in favor of the election of Edward Lynn Ray to the state board of community colleges for a term of 6 years beginning July 1st 2013 would say Aye Oppose No. The Ayes have it. Edward Lynn Ray has been elected to the state board of community colleges via voice. The vote would be confirmed by the electronically. All in favor of the election of Edward Lynn Ray to the state board of community colleges for a term of 6 years beginning July 1st 2013 would say Aye. Oppose would vote No. 5 seconds would be allotted for voting. The clerk will record the vote. McKissick Aye. Newton Aye. Ordered. Kinnairds Aye Kinnaird Aye. 48 having voted in the affirmative and 0 in the negative. Edward Lynn ray has been duly elected to serve on the state board of community colleges and will be notified. The message is ordered sent to the house. We are going to move right in to the calendar with third reading local call Local Bill Senate bill 268 The clerk will read. [Speaker Changes] Senate bill 268 Sunset Beach canal dredging maintenance fee [Speaker Changes] Is there any further discussion or debate. Hearing none the question for the senate is passage of committee substitute for senate bill 268 on its third reading. All in favor would vote Yes Oppose vote No. 5 seconds would be allowed for voting. Clerk will record the vote. Newton Aye Daniel Aye Gunn Aye Bark Aye Stain Aye. 48 having voted in the affirmative and 0 in the negative committee substitute for senate bill 268 passes third reading and would be send to the house. [Speaker Changes]Mr President [Speaker Changes] Senator Allran what purpose do you rise? [Speaker Changes] Send forth a committee report out of order [Speaker Changes] You can send forth the report out of order, clerk will read [Speaker Changes] Senator Allran chairing two committee commit the passage senate bill 316 unfavorable as to bill but favorable as to committee substitute bill titled an act to provide that resumption exists in certain circumstances that a person charged with a felony of class A1 has to meet the offense involved in the illegal use possession and discharge of fire arms and should not be released prior to trial. Senate Bill 316 Calendar. We move to the public bills. Third reading roll call. Senate bill 159 Clerk will read [Speaker Changes] Senate bill 159 require certain general view of play books [Speaker Changes] Ant further discussion or debate. Hearing none, the question for the senate is the passage of senate 159 on its third reading. All in favor would vote.

Aye oppose the vote no 5 seconds will be allowed for voting clerk will record the vote. Rucho Aye, Newton Aye, Robinson Aye, Bingham, Bingham Aye,Wade Aye, 48 having voted in the affirmative and zero in the negative Senate Bill 159 passes its third reading and will be sent to the House. Moving on to public bills non roll call second reading Senate Bill 280 the clerk will read. [SPEAKER CHANGES] Senate Bill 280 CDL requirements military experience [SPEAKER CHANGES] Senator Meredith is recognized to explain the bill [SPEAKER CHANGES] Apologize Mr President I wasn't ready to explain this bill so I guess I'll have to defer to Senator Apodaca [SPEAKER CHANGES] Senator Apodaca you have the floor [SPEAKER CHANGES] that's why he asked them to move it yes sit [SPEAKER CHANGES] Mr President I don't know anything about a list moving till Tuesday please [SPEAKER CHANGES] alright Senator Apodaca [SPEAKER CHANGES] Thank You Mr President. [SPEAKER CHANGES] yes sir [SPEAKER CHANGES] so ordered. Senate Bill 355 clerk will read [SPEAKER CHANGES] Senate Bill 355 planting and harvesting dates [SPEAKER CHANGES] Senator Rabin is recognized to explain the Bill [SPEAKER CHANGES] Senator Jackson can you handle this [SPEAKER CHANGES] I can do this one I think [SPEAKER CHANGES] Senator Jackson you have the floor [SPEAKER CHANGES] Thank You Mr President. I had spoke with Senator Rabin oh he's back in I'll let him go for it. Senator Rabin [SPEAKER CHANGES] Senator Rabin is recognized to explain the bill [SPEAKER CHANGES] Thank You Mr. President and Senator Apodaca I'm sure that I'm going to get a question on this one. your sure okay. This Bill codifies the fact that a year starts on January 1st and ends on January 31st of the following year has never been defined in our law and the Federal Government would like for us to so define it. If anyone has a question about the length of the year I'll be glad to explain that to them Thank You. [SPEAKER CHANGES] is there any further discussion or debate? Senator Davis for what purpose do you rise? [SPEAKER CHANGES] yes I'd like to know if Senator Rabin would yield for a question please [SPEAKER CHANGES] Senator Rabin do you yield? [SPEAKER CHANGES] I yield and knew one was coming from someone [SPEAKER CHANGES] Yeah, did I understand you say that the federal government wanted us to do this? [SPEAKER CHANGES] you are correct [SPEAKER CHANGES] I'll be voting against this thank you [SPEAKER CHANGES] any further discussion or debate? hearing none the question for the Senate is the passage of Senate Bill 355 on it's 2nd reading all in favor will vote Aye oppose will vote no five seconds will be allowed for the voting clerk will record the vote. 47 having voted in the affirmative and 1 in the negative Senate Bill 355 passes its second reading. [SPEAKER CHANGES] Mr President [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise [SPEAKER CHANGES] Senator Rabin yield for a question please? [SPEAKER CHANGES] Senator Rabin do you yield? [SPEAKER CHANGES] I yield [SPEAKER CHANGES] Senator the pro tem and I were discussing something we thought we heard the same thing did you say a year runs from January 1st to January 31st? [SPEAKER CHANGES] That's what I said Senator and I was hoping you would ask me a question because it actually runs from January 1st to December 31st and Cinco de Mayo is included in the calendar year [SPEAKER CHANGES] thank you Mr President. Mr President may I comment on the bill please? [SPEAKER CHANGES] Senator Apodaca you have the floor [SPEAKER CHANGES] Thank You Mr President members I really like to speak to those young children in the gallery. I think you can learn by what you witness here today children that you should come prepared which we haven't and you should always know what your calendar is so I think there's a learning experience here for all of us. Thank You Mr President. [SPEAKER CHANGES] Thank You Senator. 47 having voted in the affirmative and 1 in the negative Senate Bill 355 passes its second reading without objection will be read a third time [SPEAKER CHANGES] North Carolina General Assembly Annexed [SPEAKER CHANGES] is there any further discussion or debate? hearing none all in favor of the passage of Senate Bill 355 on its third reading will say Aye oppose No. The Aye's have it Senate Bill 355 passes its third reading and will be sent to the House

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Speaker1: The loss of lives, these attracted many as far as New York an I am retracing their family roots . I am reflecting on these occurrences and these activities that have taken place over the last three days in Green county and in the midst of the tremendous tragedy here, one of the things that cheer the historians sight is that just in the midst of the tragedy this actually opened up the Westward development of the state of North Carolina. Because this was the actually the last organized effort of native Americans in fighting against the colonists. So with that I would like to send forth a Senatorial statement. Speaker changes: Forward your statement senator. Speaker changes: Any other notices or announcements. Speaker changes: Representative Apodaca state your purpose. Speaker changes: Motion please. Speaker changes: You have the floor for motion. Speaker changes: Mr. President , thank you very much. If you have any bill placed on the counter for Monday April 1, I am moving that they be removed from April, 1 and they be re-ferred to Tuesday April,2nds counter. Speaker changes: Objection . Speaker changes: Supported? Speaker changes: xxx or what purpose you arise? Speaker changes: Personal privilege please. Speaker changes: Lady has the floor for personal privilege. Speaker changes: Thank you Mr. President. As many as you are here xx for no.I have been speaking against the mindless proliferation of guns in our state and our nation. First more and more people who legislators have passed and more have been introduced in this session. I have opposed these just statistics of the alarming number of people killed by guns; homicides, accidents and suicides which by the way account for one-third of gun deaths .Easily available guns allow for impulsive, thoughtless and immature action. xxx There have been thousands killed. But we thought that would be the end; but that was only the beginning. I keep track of gun deaths in an informal way. I cut them out of the newspaper. Last year I gave those away to somebody but I have collected many more since then; as many as you would like to look at if you would like to. We have accidents where fathers have accidentally shot three year old children, we have accidents where three year old children have accidentally killed fathers. Every week we have daily shootings. Perhaps you don’t realize but as I said keep track of this; every week since New town there has been mass killings. But it is not even on the front pages anymore., but I read about it. Last week a baby in a stroller was shot in the face. When is enough, enough? Those too are your people?? all the time and by the thousands in this country. I can give you this chart to show the difference. What is unique about guns? It’s quick and immediate. That is what is different about guns and other means of killing people. Do we really need military weapons on our streets? and in the hands of the xx. Do we really need hand guns in our new cities where Black children are killing Black children. Basically these weapons have only one purpose, to kill people. Ninety percent of the guns recovered from the Mexican wars by the way came from our country. And a lot of these , I am not talking about legally permitted guns, and people who are permitted are people who are rational, conscientious, who are good citizens who are responsible. That’s not our gun problem; our gun problem is the extreme proliferation. Guns that are easy to get at the corner store. In our country alone 32672 gun deaths in 2011.Today across the country more than a hundred ..

Events were taking place to drive this as the largest day of advocacy in U.S. history to address gun violence. Mothers, law enforcement, faith-communities and mayors are demanding action. In Durham, Chapel Hill ??, and Durham near Belville are holding a press conference with faith leaders to protest. Charlotte and Raleigh are holding press conferences. These are held all across the United States. And yes it is serious, Mr. Apodaca, it is a serious question. I’m sorry, but I’m going to keep speaking my limit. The American people are strongly in favor of background checks. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] I believe time has run. Mr. President? Rule 15, 3 minutes. Mr. President. [SPEAKER CHANGES] We are over time at this point so Senator Kinnaird, if I could ask you to finalize your comments as quickly as possible please. [SPEAKER CHANGES] I won’t talk about the poll since I have been cut short on what is a very serious subject and I have heard people speak on very serious subjects for a lot longer than their allotted time. But I want to talk about the second amendment and I will wrap up. Heller vs. the District of Columbia. That is the latest that overturned 100 years of decisions that said the militia was a naval and army force. What they say is, nothing in our opinion should be taken to cast out on long standing prohibitions on the possession of firearms by felons and mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws opposing conditions and qualifications on the commercial sale of arms. I ask you to take this very seriously. We have what amounts to as slaughter in this country. And that means your children, very well could be effected. Thank you Mr. Chair, President. [SPEAKER CHANGES] Thank you Senator. Senator Nesbitt for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] Senator, you have the floor for a point of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President. I would like to talk about valid crime in the United States today. In the last five years valid crime has gone done 15% in our state. It’s actually gone down 50% in the last 20 years. We have the lowest level of violent crime in the United States since 1974. Well anyone to stand in this chamber and talk about mass slaughter occurring on our streets constantly and ?? insinuate should be in a state of fear that is absolutely ridiculous, Mr. President. I would also point out that if you start talking about the importation of guns from Mexico, we would need look no further than Washington D.C. our own Attorney General in the Fast and Furious program won that current Obama administration. Thank you, Mr. President. [SPEAKER CHANGES] Any further notices or announcements? Any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. Before the motion as short announcement. Members of the Senate, we are going to do a skeletal session on Monday evening so that you can extend your Easter weekend and I’m asking the Committee Chairs not to schedule any Committee meetings on Tuesday before 10 a.m. so that folks can come in on Tuesday morning as opposed to coming in on Monday night. And with that, Mr. President, I move that the Senate do now adjourn subject to the introduction of bills and resolutions, and the receipt of messages from the House and the Governor. To reconvene on Monday April 1, 2013 at 12 p.m. and that will be a skeletal session. [SPEAKER CHANGES] The motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Monday, April 1 at 12 p.m. Seconded by Senator Harrington. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose, no. The ayes have it. The Senate stands adjourned.