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Senate | April 10, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant in arms will close the doors, members will go to their seats. Members and guests of the gallery, please silence all of your electronic devices. Leading the senate in prayer is the Reverend Franklin Graham. The eldest son of Billy and Ruth Bell Graham, Franklin Graham serves as president and CEO of Samaritan's Purse and The Billy Graham Evangelistic Association. Under his leadership, Samaritan's Purse has met the needs of the poor, the sick, and suffering in more than one hundred countries. As an evangelist for the Billy Graham Evangelistic Association, he has lead servies around the world. We are honered to have him with us today, all members and guests in the gallery will please stand for the Reverend Billy Graham to lead us in prayer. Reverend Franklin Graham will lead us in prayer. [SPEAKER CHANGES] Let us pray. I gracious heavenly father, we ask today your blessing upon each man and woman in this room. Father we pray that you give them your wisdom as they make decisions that effect all of our lives, and father we pray for our governor and we thank you for him and his family. And father we thank you for the freedom that you give to us, the freedom of this state, the freedom of this country and so father we pray for all those that are in authority, we pray this in Jesus' name. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Tuesday, April 9, 2013 has been examined and is found to be correct. I move that we dispense with the rating of the journal and that is stand approved as written. [SPEAKER CHANGES] Without objection, the journal for April 9th stands approved as written. Senators, a leave of absence is granted for senator Apodaca. Courtesies of the floor are extended to Governor Pat McCrory and the staff today, Governor thank you for being with us, please stand and be recognized. On the motion of Senator Harrington of Gaston County, the chair is happy extend the courtesies of the floor to ?? Senator Marshall Rauch of Gaston County who served in the senate from 1967 to 1990. Senator please stand and be recognized as well, thank you. On the motion Senator Tamara Barringer of Wake County, the chair is happy to extend courtesies of the gallery to the 8th grade of cathedral school from Raleigh, North Carolina and their teacher Donna Moss, if you're with us please stand and be recognized. On the motion of Senator Angela Bryant of Halifax, Nash, Vance, Warren, and Wilson counties, the chair is happy to extend the courtesies of the gallery to Halifax Community College faculty and staff. If you're with us, please stand and be recognized today. ?? we do have a nurse of the day with us today, Francis Powell of Cary, North Carolina. Please stand, thank you for your service to the Senate. Gratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolled bill, enrolling clerk reports the following bill duly ratified for presentation to the Governor for Senate Bill 175. An act to make technical corrections and clarifications to chapter 53c of the general statutes. [SPEAKER CHANGES] Report sustaind and committees

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But as I was speaking with Billy Graham's staff, something that is amazing about him is how long the people that have worked with him have worked with him. It says something about someone's character. Something stuck out in the long conversations when he said, Billy Graham says he sees himself as just a messenger. I think that type of humility is rare in this world. Humility is understanding your place and your role and not rising above that. The Scripture that came to mind as I was contemplating this statement was Micah 6:8. It says: "He has shown you, O Man, what is good and what does the Lord require of you, to act justly, to love mercy and to walk humbly with your God." I found a couple of quotes from Billy Graham which I think typify this type of attitude in this statement. One thing he said was "The Christian life is not a constant high. I have my moments of deep discouragement. I have to go to God in prayer with tears in my eyes and say 'Oh God, forgive me' or 'Help me.'" Another statement he says which I think is a great perspective is "I'm going to heaven just like the thief on the cross who said in that last moment 'Lord, remember me.'" I don't know if there's a greater way to honor someone than to honor that which he values most. One statement that typifies this is, Billy Graham said "My one purpose in life is to help people find a personal relationship with God which I believe comes from knowing Christ." And in honor of Billy and his wife Ruth and the entire Graham family I would like to conclude this statement with a verse that he has shared to literally billions of people around the world and that is John 3:16 "For God so loved the world that he gave his one and only Son, that whosoever believeth in Him shall not perish but have everlasting life. I urge your support in this resolution. [SPEAKER CHANGES] Thank you Senator. Any other discussion or debate? Senator Nesbitt for what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President. To speak on the resolution. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Mr. President and members of the Senate, it has been my distinct honor and pleasure to represent the Graham family in the House and the Senate for over 30 years. I think the word that I heard from Senator Soucek [sp] that all of us in our mountains up there would echo would be humility. He's very much been a part of our community, investing in our hospital, doing charitable work throughout the community but most of all being a humble soul and just being there. You can feel his presence throughout our community out in the Montreat area of the Black Mountain area there seems to be a reflection of him in some way. And I think if I leave you with one thing that tells you how proud we are of him, in 2012 he was listed on the 10 most admired men in the world for the 56th time in his mid-90s. That tells you all you need to know. I urge you to support the resolution. [SPEAKER CHANGES] Thank you, Senator. Is there any other discussion or debate? Hearing none, the question for the Senate is the adoption of Senate Resolution 196. All in favor will vote "aye" opposed will vote "no." Five seconds will be allowed for the voting. The Clerk will record the vote. 48 having voted in the affirmative and zero in the negative, Senate Resolution 196 is adopted. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Soucek for what purpose do you rise? [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] Senator, you have the floor for your motion. [SPEAKER CHANGES] I move that the words shared here be spread upon the journal. [SPEAKER CHANGES] So awarded. On the motion of Senator Dan Soucek of Watauga County the chair is happy to extend courtesies of the gallery to the family of the Reverend Billy Graham and Ann Graham Lots, daughter, Danny Lots, son-in-law, Rachel Ruth Lots, granddaughter and Maura Wright Meyer, granddaughter. Please stand and be recognized. Thank you for joining us today.

The Chair’s happy to extend courtesies of the gallery to Elaine Funderburk, who worked very tirelessly on this resolution for a number of years. Elaine, please stand and be recognized as well. Reports of standing committees. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] To send forward a committee report. [SPEAKER CHANGES] Senator, you can send forward your report. Clerk will read. [SPEAKER CHANGES] Senator Allran for the Judiciary 2 Committee submits for passage Senate Bill 594, Required Drug Testing/Work First Benefits, unfavorable as to bill but favorable as to committee substitute bill. [SPEAKER CHANGES] Senate Bill 594, Healthcare. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] To send forward a Financial Committee report out of order. [SPEAKER CHANGES] Senator, you can send forward your report out of order. Clerk will read. [SPEAKER CHANGES] Senator Rucho for the Finance Committee submits for passage House Bill 193, committee substitute number 1, Expand Uses for Meck Court/ Charlotte local Taxes, favorable; Senate Bill 290, committee substitute number 1, Waynesville Annexation, favorable; Senate Bill 337, committee substitute number 1, ?? Public Charter Schools, favorable. [SPEAKER CHANGES] House Bill 193, calendar. Senate Bill 290, calendar. Senate Bill337, Appropriations-Based Budget. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Hise, for what purpose do you rise? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] Senator, you can send forward your report. Clerk will read. [SPEAKER CHANGES] Senator Hise for the Healthcare Committee submits for passage Senate Bill 98, Require Pulse Oximetry Newborn Screenings, favorable. [SPEAKER CHANGES] Senate Bill 98, calendar. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] You can send forward your report, Senator. Clerk will read. [SPEAKER CHANGES] Senator Gunn for the Commerce Committee submits for passage Senate Bill 470, unfavorable as to bill but favorable as to committee substitute bill, titled ‘An Act to Prohibit the Consumption of Malt Beverages or Unfortified Wines on the Premises of Any Business During a Period of Time where Any On-Premise Permit Issued to the Business Organization Authorizing the Sale and Consumption of Malt Beverages or Unfortified Wine is Suspended or Revoked by the Alcoholic Beverage Control Commission; Senate Bill 358, committee substitute number 1, Guaranteed Asset Protection Wavers, unfavorable as to committee substitute bill number 1 but favorable as to committee substitute bill number 2. [SPEAKER CHANGES] Senate Bill 470, calendar. Senate Bill 358, calendar. Senator Davis of Macon County, for what purpose do you rise? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] Senator, you can send forward your report. [SPEAKER CHANGES] Thank you, Mr. President. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Senator Davis for the State and Local Government Committee submits for passage House Bill 224, committee substitute number 2, Asheville Extra-Territorial Jurisdiction Annexation, favorable.

?? [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] House bill 224 calender. Senator Brunstetter, with what purpose do you rise? [SPEAKER CHANGE] With a motion related to today's calender. [SPEAKER CHANGE] Senator you have the floor to make a motion. [SPEAKER CHANGE] Mr. President, senate bill 334, which is on page 2 of your calender, vintage auto inspections. I move that it be removed from today's calender and calendered for next Tuesday, April 16. [SPEAKER CHANGE] Without objection it's ordered. Senator Daniel, with what purpose do you rise? [SPEAKER CHANGE] To send forth a committee report. [SPEAKER CHANGE] You can send forward your report, senator. The clerk will read. [SPEAKER CHANGE] Senator Daniel, transportation committee, submits the passage of senate bill 603, clarify issuance of plates, ceritficates, ?? favorable , senator bill 659, map 21 confirming revisions, favorable, senate bill 709, allowed ?? to set max speed to 75 miles an hour, favorable. [SPEAKER CHANGE] Senate bill 603, 659, 709, calender. [SPEAKER CHANGE] The clerk will read correct report number 1 from Senator Davis. House bill 222 please. [SPEAKER CHANGE] Senator Davis, for state and local government committee, submits correct report number 1, house bill 222, ?? substitute number 1. ?? County used design build methods unfavorable as to committee substitute build number 1, but favorable as to senate committee substitute bill. [SPEAKER CHANGE] House bill 222, calender. [SPEAKER CHANGE] Senators, we're gonna move right into public bills on the second reading. Senate bill 124, the clerk will read. [SPEAKER CHANGE] Senate bill 124, shot gun inside to insight fear. [SPEAKER CHANGE] Senator Brunstetter is recognized to explain the bill. [SPEAKER CHANGE] Thank you, members. Senate bill 124 fills a hole in our current laws. Right now it's a felony to shoot right into a billing, but once you walk across that threshold and make the very same act it is no longer a felony. This makes discharging a firearm within an inclosure, with the intent to insight fear punishable as a class E felony. The bill was requested by local law enforcement, it's supported by the North Carolina Sheriff's Association, North Carolina's Association of Chiefs of Police. A few points to make, this does not affect the castle doctorine, or any other defense under the law, it does not affect accidental discharges. A shot must be from inside of the building, while standing inside of it. It does not affect hunters in trucks or tree stands. There was no public comment at the first discussion of the bill in J1. I'm not aware of any significant opposition. Thanks for your report. [SPEAKER CHANGE] Is there any further discussion or debate? Hearing none, the question for the senate is passing judgement. Committee substitutes senate bill 124 on it's 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. 49 having voted in the affirmative and 0 in the negative, the committee substitute senate bill 124 passes it's second reading. Without objection it will be read for a third time. [SPEAKER CHANGE] North Carolina ?? [SPEAKER CHANGE] Is there any further discussion or debate? Hearing none all in favor of the passage of committee substitute senate bill 124 on it's third reading will say Aye. [SPEAKER CHANGE] Aye. [SPEAKER CHANGE] Opposed no. The Aye's have it. Committee substitute senate bill 124 passes it's third reading and will be sent to the house. Senate bill 163, the clerk will read. [SPEAKER CHANGE] Senate bill 163, protect landowner's water rights. [SPEAKER CHANGE] Senator Jackson is recognized to explain the bill. [SPEAKER CHANGE] Thank you, Mr. President. Members of the senate, we've seen this bill before in the previous session. It passed unanimously, it got over in the house and had a few hiccups, so we've worked on it. I believe in trying and trying again until you get it right, and hopefully we've got it pretty close to perfect this time, which is not to say there's still not some opposition to this bill, but actually

bill is endorsed by the North Caroline Farm Bureau and it has received the ?? Stamp of Approval on it. Basically what this bill does is plainly states that if water is wholly on your property whether it be an impoundment, a pond, a well, that water you have the right to use that water. It's your water. Now if water is passing through your property, comes in and leaves your property you do not have the same right as you do as if it's wholly on your property. I ask that you please support this bill and I'll be glad to answer any questions. Thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Committee substitute to Senate Bill 163 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. Woodard, aye. 49 having voted in the affirmative and zero in the negative Committee substitute to Senate Bill 163 passes its second reading. Without objection it’ll be read a third time. [SPEAKER CHANGES] North Carolina General Assembly Enacts [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage of Committee substitute to Senate Bill 163 on its third reading will say aye. Opposed, no. The ayes have it. The Committee substitute to Senate Bill 163 passes its third reading and will be sent to the House. Senate Bill 234, the Clerk will read. [SPEAKER CHANGES] Senate Bill 234, Hunter Education Apprentice Permit [SPEAKER CHANGES] Senator Newton is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. Colleagues, this is a fairly simple bill. We've identified that there is a real decline in hunting in North Carolina and one of the things that seems to be an impediment is that for folks to get a license they have to take their hunter certification program and there's nothing wrong with that but what we wanted to do was to lower that a little bit and allow folks to basically be an apprentice hunter. In other words, like we do with our youth, we would allow people to go on a hunting trip with someone who is a licensed hunter and hunt with him under their supervision and then later on, hopefully if they're interested, they'll go get their hunting license and after get their safety certification program and certificate. There's no opposition to this bill. This is recommended by the Wildlife Commission and others. I understand that similar measures passed unanimously from the House. It was well vetted in the Ag Committee. I commend the bill to you and I'm happy to answer any questions. Thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of Committee substitute to Senate Bill 234 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. [SPEAKER CHANGES] 49 having voted in the affirmative and zero in the negative Committee substitute to Senate Bill 234 passes its second reading. Without objection it’ll be read a third time. [SPEAKER CHANGES] North Carolina General Assembly Enacts [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage of Committee substitute to Senate Bill 234 on its third reading will say aye. Opposed, no. The ayes have it. The Committee substitute to Senate Bill 234 passes its third reading and will be sent to the House. Senate Bill 388. The Clerk will read. [SPEAKER CHANGES] Senate Bill 388. Bedding Law. Right of Entry [SPEAKER CHANGES] Senator Rabin, Hartnett County, is recognized to explain the bill. [SPEAKER CHANGES] This bill was not new legislation. It's simply corrects a mistake that was made in 2011 when responsibility was shifted from the Department of Health and Human Services to the Department of Agriculture Consumer Services. It shifted responsibility for doing inspections of bedding material but forgot the authority to go in and do the search that was necessary to do the inspection. I know of no opposition to the bill and ask that you pass it. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 388 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. 49 having voted in the affirmative and zero in the negative Senate Bill 388 passes its second reading. Without objection it’ll be read a third time. [SPEAKER CHANGES] North Carolina General Assembly Enacts [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage of Senate Bill 388 on its third reading will say aye. Opposed, no. The ayes have it. Senate Bill 388 passes its third reading and will be sent to the House. Senate Bill 411. The Clerk will read. [SPEAKER CHANGES] Senate Bill 411. As its requirement

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[0:00:00.0] …Statement and to take a moment of Personal Privilege for Senate. [SPEAKER CHANGES] Senator you can send forward your statement and you have the floor for a moment of Personal Privilege. [SPEAKER CHANGES] We are celebrating this week the 50th Anniversary of our community college system. We have a great community college system always ranked into top of the nation certainly within the top five in any survey or report that I have done, it was a great moment of vision that us hearing and some others back in the 60s when we established a community college system. I was privileged to serve for 29 years and the seven months and to chair the board for seven years at our community college. I know pretty well how they are operating and what a great job they do and there is certain amount of cutting edge of jobs today and I want to thank those people that are here today representing our community colleges Mr. President and I know many of them who were here that they may have left but those that are here if they would making stand and be recognized and let us thank you for your service, some over here. [Applause] I just wanna thank you again for the good things that you do for education in our state and we certainly congratulates you on 50 great years at North Carolina, thank you. [SPEAKER CHANGES] Senator Brown for what purpose you ask? [SPEAKER CHANGES] The moment of Personal Privilege. [SPEAKER CHANGES] Senator you have the floor for the point of Personal Privilege. [SPEAKER CHANGES] Members I know and most of you know that your statement of economic interest is due on the 15th of this month that has come to my attention that several of you have not gotten that in. So, I just though I would take this time to remind you that you need to get that in by the 15th of the month. [SPEAKER CHANGES] Any notices or announcements, Senator ___[02:00] for what purpose you ask? [SPEAKER CHANGES] Just a motion, Sir. [SPEAKER CHANGES] Senator you have the floor for your motions. [SPEAKER CHANGES] There are two bills that we read in from state and local governments today and placed on my calendar that need to be re-calendared for Tuesday April 16th, first the House Bill 224: Asheville Extraterritorial Jurisdiction and Annexation. And second the House Bill 222: Buncombe County/Use Design-Build Methods. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Parmon for what purpose you ask? [SPEAKER CHANGES] For a moment of Personal Privilege. [SPEAKER CHANGES] Senator you have the floor for point of Personal Privilege. [SPEAKER CHANGES] To speak on the Senatorial statement that was sent forth as a proud graduate of technical community college in Winston, Salem as they said that the community college system celebrates almost 50 years. I went back and did a little research on that community college and as you know I mean if you should you that our community college service as a second change that education for many of our citizens in North Carolina in the 2010-2011 academic school year our community college is enrolled 115,312 students in the basic skills programs and it estimated 800 and 40,000 students enrolled in 58 community colleges which accounts for one out of nine North Carolina citizens 18 years or older in our community colleges. In many of the communities, our community colleges serves as economic engines and it used to be maybe years ago that when a student chooses a community college or technical institute as many of us known is sort of had a statement. Today, many of our high school graduates choose to go the community college first and then out to the university system. And one of the students that had the honor and privilege of going to a community college and then transfer into the university system maybe one of the first and I’m very proud of this community college system and what it does that our students and our adults in this community and I proud of that system, thank you. [SPEAKER CHANGES] Thank you Senator, any other notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator ___[04:27] for what purpose you ask? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] Senator you have the floor for your announcement. [SPEAKER CHANGES] Thank you I just wanna to remind the members of J2 that the J2 Committee meeting that we always have tomorrow normally at 10 will be at 12 o’clock noon in the same room but it’s a 12 o’clock, thank you. [SPEAKER CHANGES] Senator Newton for what purpose you ask? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor Senator. [SPEAKER CHANGES] Just to be clear there is no confusion that there is not going to be a J1 Committee meeting tomorrow. [0:04:59.8] [End of file…]

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 adjourn subject to the receipt of committee reports, the referral and re-referral of bills and resolutions, and the receipt of messages from the house and the governor, to reconvene on Thursday, April 11, 2013 at 10 AM. [SPEAKER CHANGES] The motion is do the senate now adjourn to the stipulations stated by Senator Berger to reconvene Thursday, April 11 at 10 AM? Seconded by Senator Soucek, all in favor say Aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, No. The Ayes have it, the Senate stands adjourned.