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Senate | April 9, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. The Sergeant at Arms will close the doors. The members will go to their seats. Members of the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverand Peter Milson, Senate Chaplain. All members of the guests of the gallery will please stand. [SPEAKER CHANGES]Please pray with me. Heavenly Father, it's an incredible privilege to close our eyes, and be able to hear from you in the is moment, in this chamber. Seek the shalom of the city, where I sent you, says the Lord. Seek the peace of Asheville, South Court, Old Oak Rapids, Old Fork, Charlotte, Beaufort, Kingston, Oriental, Ahoskie, Winston-Salem, Manteo, Lexington. And we play the Lord, that you would bless us, and bless these cities. Because as you said in scripture, in its peace, in its welfare, you will find your welfare. But keep us from selfish gain, encourage us to pray for our cities, encourage us to pray for our people. And you say that in 70 years, you will visit and fulfill your promise and bring us back to our homes. You say that you have a plan for us, and we believe you. Help us believe in the midst of our unbelief, and help us believe as we pray to you, you hear us, and that, that is all that matters, you hear us. In the name of Jesus, the very one that taught us how to pray, and how to love, Amen. [SPEAKER CHANGES]The Sergeant at Arms is recognized. [SPEAKER CHANGES]Mr. President, The Green Central High School JROTC Color Guard is at the door and awaits you pleasure regarding the Presentation of Colors. [SPEAKER CHANGES]The Sergeant at Arms will open the doors for the Presentation of Colors buy the Junior ROTC of Green Central High School. [SPEAKER CHANGES]I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. [SPEAKER CHANGES]I want to thank the Junior ROTC, and appreciate their service for the Colors today, as well as serving as pages in Senate this week. Senator Burger is recognized for a motion. [SPEAKER CHANGES]Thank you Mr. President. The journal of Monday, April 8, 2013 has been examined and 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 April 8th, stands approved as written. A leave of absence is grated to Senator Ford today. Senators, our nurse of the day is Earnest Grant of Chapel Hill, North Carolina. Earnest, please stand and be recognized, thank you for your service to the Senate. On the motion of Senator Rick Gunn of Alamance and Randolph counties, the Chair is happy to extend courtesies to the North Carolina WMCA, CEO's and volunteers. If you're with us today, please stand to be recognized. On the motion of Senator Clark Jenkins of Chowan and Edgecombe counties, the Chair is happy to extend courtesies of the gallery to Bob Quinn, Edenton councilman, and chairman of the 300th Committee, Jerry Klimber chairman of Edenton Historical Commission, and co-chair of the 300th Committee, Sally Francis Kahaze, and Dr. Benjamin, both members of the 300th Committee, in celebration of Edenton's 300th anniversary. If you're with us today, please stand and be recognized.

I just want you to ask yourselves that. I think we would err on making sure that fairness is afforded to every person that's in our courtroom and particulary in capital cases. 'Cause once you kill someone, we cannot go back and get a bill to bring them back to life. With that, Mr. President I'd like to send forth an amendment. [SPEAKER CHANGES] Do members have copies? [SPEAKER CHANGES] Okay. Send forward your amendment. [SPEAKER CHANGES] OK, we have it up here. The clerk will read. [SPEAKER CHANGES] Senator Parmon moves to amend the bill. [SPEAKER CHANGES] Senator Parmon has the floor to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President and members. This amendment would simply allow the racial justice act portion of senate bill 306 to be removed so that members that's in favor of the death penalty can vote on the death penalty, and support the racial justice act. I've heard time and time again that people support the death penalty, but also support the racial justice act, because they want to ensure that people we may kill in the future was given a fair trial. I ask you to support the amendment thank you. [SPEAKER CHANGES] Further discussion or debate on amendment one? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Goolsby, for what purpose do you arise? [SPEAKER CHANGES] Speak on the amendment. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I'd like to point out in this section of the law that it does reiterate all the rights available, and I've heard two of the members the last to speak about unfairly convicted, about minorities being excluded from juries, and again, as I question senator Connaird, all RJA does is attempt to take a cold blooded, convicted killer off death row and give them life in prison. RJA does not address in any way the murder. And the people that have totally been forgotten about in all of these discussions, as I heard senator Connaird talk about how wonderful it was to deal with the death penalty, and to do all that we could in the grand debates, I keep thinking about the families of the murder victims that I've met. I met Fayetteville police officer's Roy Turner's family. He was murdered in cold blood. His murderer appealed under RJA, and right before udge Wakes made his ruling have retired, never to face the voters, he took of the murderer of Officer Roy Turner, Fayetteville police department, off death row. Now here's the ultimate irony. Roy Turner was black. His murderer was black. And that's a result of RJA. One more even crazier, for those of you who were at the ?? committee meeting last week. When senator Harrington's district attorney, Lot Bell appeared and stood up and said I'm accused of being a racist. I'm a white district attorney. And the three people I put in Gaston county are in death row, have accused me of being a murderer. I mean, have accused me of being a racist, the murderers have. All three of them. And the evidence is that I put only people of one color on death row. Guess what the color of the three murderers accusing Lot Bell, a white man of murder, I mean of, forgive me, of racial discrimination. Those three murderers are all white. They're accusing the white district attorney, under the racial justice act, for only seeking the death penalty against white men. And Lot said, I looked at all the cases, and the only people that I thought warranted the death penalty, black or white, were these three white men. Racial justice act, because it uses frequency, allows those individuals to appeal under the racial justice act and claim that they've been discriminated against. Folks, the racial justice act is bad law when you have those kinds of results. The last person I will tell you about his Marsha Howell. She was the mother of murder victim Yvette Howell. Those of you at the ?? meeting, you heard her mother's impassioned plea to please put this to an end. It is time for my daughter's murder to meet his maker. He was sentence back in 1994 to death row, and he has appealed under RJA. Yvette Howell

Two will be meeting at 10:00 on Thursday at its regular time, however I think that it’s going to conflict with the schedule and so that meeting of Judiciary 2 has been postponed, moved until 12 noon. We will meet at 12 noon on Thursday. [SPEAKER CHANGES] Senator Rabin, for what purpose do you rise? [SPEAKER CHANGES] Moment of personal privilege, sir. [SPEAKER CHANGES] Senator, you have the floor for a moment of personal privilege. [SPEAKER CHANGES] I believe that all of us in the room ran on the idea of improving the jobs situation. I think we have in the balcony representing the thousands of people who really work the engine of our economy, the small businesses, and I’d like to give them an extra thank you for what you do. You carry out the work that needs to be done, to get the country moving again. Thank you. [SPEAKER CHANGES] Thank you Senator. Any other notices or announcements? 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 immediately after session. [SPEAKER CHANGES] Any other notices or announcements. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motions, please. [SPEAKER CHANGES] Senator Apodaca has the floor for motions. [SPEAKER CHANGES] Thank you Mr. President. House Bill 149, Kailey’s law is currently in the Committee on Rules. I ask that it be removed and re-referred to Judiciary 2. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Senate Bill 187, studies on humans unlawful. Recalled from Rules, re-refer to Committee on Healthcare. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Senate Bill 450, workman’s comp, adjust organ injury benefit annually. Currently in Committee of Commerce. I ask that it be removed and re-referred to the Committee on Rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you Mr. President. Senate Bill 520, workman’s comp hearings. Currently in Rules. I ask that it be removed and re-referred to Commerce. [SPEAKER CHANGES] Without objection, so ordered. Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES] A point of personal privilege, please. [SPEAKER CHANGES] Senator, you have the floor for a point of personal privilege. [SPEAKER CHANGES] Ladies and gentlemen of the Senate, we have a birthday boy with us today. And being he’s my co-chair of my Ag and NER, I just wanted to wish Senator Andrew Brock a happy birthday and may y’all join me in doing that. Thank you. [APPLAUSE] [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Soucek, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement, Mr. President. [SPEAKER CHANGES] Senator, you have the floor for your announcement. [SPEAKER CHANGES] Thank you. I just wanted to remind everyone that every Wednesday at 12:30 for 30 minutes we have a chapel service right here in between the chambers. And tomorrow, Judge Newby’s going to be presenting. So you’re invited this week and any week, and you and your staff. So thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Jenkins, for what purpose do you rise? [SPEAKER CHANGES] Moment of personal privilege. [SPEAKER CHANGES] Senator you have the floor for a point of personal privilege. [SPEAKER CHANGES] To send forward a senatorial statement, if I may. [SPEAKER CHANGES] Senator, you can send forward your statement. You have the floor, Senator. [SPEAKER CHANGES] Thank you Mr. President. Mr. President and ladies and gentlemen of the Senate. The senatorial statement I just sent forward recognizes the town of Edenton in Chowan County, for its 300th anniversary. Edenton was the first permanent settlement in North Carolina. It’s known as the mother town of North Carolina. It was a colonial capital, a very busy seaport, thriving agricultural community back then, and Edenton followed its sister city from way North, Senator Rucho, with having its own Tea Party, just like the Boston Tea Party. In celebrating now, Edenton is doing an excellent job in promoting itself as a destination for tourism and in their celebration this year, their 300th anniversary, the North Carolina Supreme Court is going to convene a session of court in Edenton in May. And I ask everybody to join me in congratulating the town of Edenton on their 300 years. Thank you very much, Mr. President. [SPEAKER CHANGES] Thank you Senator. [SPEAKER CHANGES] [APPLAUSE]Any other notices or announcements? Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] [PAUSE] Thank you [LAUGHTER] How long I’ve been here, a moment of personal privilege. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] In response to Senator Jenkins. Senator Jenkins, I’ve had the opportunity to have lunch in Edenton. It was a beautiful day overlooking the water, and the food was wonderful and I told my wife she was in for a big day and we did have fun there. Thank you, I would recommend that to everyone in Edenton. [SPEAKER CHANGES] Any other notices or announcements? Is there any further business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you Mr. President. I move that the Senate do now adjourn, subject to the receipt of committee reports, and the receipt of messages from the House and Governor.

We'll have to reconvene on Wednesday, April 10, 2013 at 2 p.m. [SPEAKER CHANGES] Motion to the Senate do now adjourn, subject to the stipulations stated by Senator Berger to reconvene Wednesday, April 10th at 2 p.m., seconded by Senator Walters. All in favor, say aye. Opposed no. The ayes have it. The Senate stands adjourned.