A searchable audio archive from the 2013-2016 legislative sessions of the North Carolina General Assembly.

searching for


Reliance on Information Posted The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please see our Terms of Use for more information.

Senate | April 17, 2013 | Chamber | Session

Full MP3 Audio File

The senate will come to order, the Sargent of arms will close the doors. Members will go to their seats. Members and guests of the gallery will please silent all electronic devices. Leading the senate in prayer is Reverend Peter ?? . all members and guests in the gallery will please stand. [SPEAKER CHANGE] Please pray with me. Heavenly father, we come before you. Lord, we thank you for a beautiful day, a peaceful day. Infuse our lives with your perfect peace. We pray lord, that today this body of members will write a story that goes beyond it's wildest imagination. May the story that this senate writes follow a larger compass, a deeper sea, a beautiful, eternal destination. Jesus, we need you to write our path. Amen. [SPEAKER CHANGE] Senator Berger is recognized for a motion. [SPEAKER CHANGE] Thank you, Mr. President. The journal of Tuesday, April 16, 2013, has been examined and is found to be correct. I move that the senate dispense with the reading of the journal and that the journal stands approved as written. [SPEAKER CHANGE] Without objection the journal for April 16 stands approved as written. Senator's leave of absence are granted to Senators Bingham, Dunn, Newton, and Woodard. On the motion of Senator Angel Bryant and Senator Buck Newton, the chair is happy to extend courtesies of the galleries to ?? Elementary, 5th grade class. If you're with us today please stand and be recognized. ?? Elementary, 5th grade class. They just left. On the motion of Senator Brock of Davie County, the chair is happy to extend courtesies of the Gallery to Dr. Michael Bitser and the students of Catawba College. If ya'll are with us today please stand and be recognized. Ratification of bills, the clerk will read. [SPEAKER CHANGE] Enroll bills, enrolling clerk ?? falling bills, duly ratify the presentation to the Governor. Senate bill 122, enact or add the offense of human trafficking to the list of criminal convictions that require registration under the sex offender and public protection registration programs. Senate bill 148, enact to exempt the bonding of chlorinated, stainless steel tubing CSSE gas piping systems from license requirements under the laws pertaining to electrical contractors. The bond bill duly ratifies, properly enrolled, and presented to the officer of the Secretary of State. House bill 224, an act to make various amendments to chapter 160 A of the general statues, with respect to the city of Ashe ville. [SPEAKER CHANGE] Senators there's also an excused absence for Senator Blue today. We do have a nurse in with us today. It's Carrie Lemons of Randolph Hospital, North Carolina. If you will please stand to be recognized, thank you for your service to the senate. Reports of standing committees. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Hartsell, with what purpose do you rise? [SPEAKER CHANGE] To send forth a committee report, which we've actually already sent to the desk. [SPEAKER CHANGE] The clerk will read. [SPEAKER CHANGE] Senator Hartsell, for the program of evaluation committees submits the passage of senate bill 29 on ?? bill of ?? committee substitute bill. Title, enact, in one strength and oversight with annual reporting and strategic planning by the North Carolina Railroad Company. 2 require one time cash diva den with the North Carolina Raildroad Company to the highway fund. 3 you require an annual cash diva den of the North Carolina Railroad Company to the highway fund, and 4 require a transfer of low income ?? properties from the North Carolina Railroad

I think this guy to find some of the referral of reasons, invasive margins similar manner as trustee was present to send for committee report in order to bring them to finish our estimating [SPEAKER CHANGES] the passage of Senate Bill one eighty one at auto insurance young driver classification favourable Senate Bill five twenty WC record full of eyes glassy hearings on Pharaoh after built with a plastic may substitute bill that Bill one eighty auto insurance allow optional enhancements unfair with the bill buffet, left a [SPEAKER CHANGES] committee substitute bill suitable when you are unsuitable five twenty seven ago one ED calendar to your doctor approves your eyes on this president to submit the committee report is in Florida, reports under the Paris Dakar of the state ophthalmic committee submits capacity to build two eighty seven unstable after the what many substitute bill title, and that the governing board in certain counties all municipalities located wholly in meltdown event discernment municipalities to give electronic noticed the seven calendar regular calendar today, starting with public girls in second reading, suitable to thirty nine February seven two thirty nine and mental out of business Corporation act sooner barriers recognizes [SPEAKER CHANGES] Thank you, Mister President, this is an adult to thirty nine Honda parked on the purpose of this is to modernize the North Carolina business Corporation act becomes to us on the North Carolina Bar Association on the business organization committee for this law section. it has been well vetted by that great and I've worked very hard and I express my appreciation. I also support the bill because it promotes efficiency and for better economy in giving our businesses scattered souls to be able to do their business. other several provisions in the snow. I would like to highlight a few and I'll be happy to take questions. for example, the current law in North Carolina now vital and what if one of the targets of arms would probably opt chalkboard. I teach this money have much outboard with me that since I don't know. do my best to explain it. a short form merger is currently below it, North Carolina. if you have a parent organization and its subsidiaryorganization in that Corporation others ninety percent of the subsidiary organization is going to be a merger of that that subsidiary at the end of the parent is not need now under current law andhave a vote of the shareholders because ninety percent are already in favor of of that merger will what is still one of the things this bill does is said that if a parent organization has two subsidiary I is for sanity, I do not have to get this shareholder approval. they are because again I have all the votes they need. it would be inefficient and it can actually be accomplished now under North Carolina law requires a straw man organization, which again is not not an efficient way to cut conduct business on the thing. another provision of this law is actually an expansion of our two thousand one North Carolina business Corporation amendment that allowed for attendance at shareholder meetings of electronic. there are other means ever met communication, which is a good thing and allow shareholders to participate get to the actual side of the deleting what this does among several things is actually impose upon the Board of Directors to implement reasonable security measures Saturday. verify that the persons were actually betting our shareholders and also to provide reasonable opportunity again to Ashley participate in the court in in that particular that this does not

requirement already in North Carolina law that there be a physical location for the meeting. It just allows another option. Then another provision, which I think is particularly important in today's down economy, has to do with a safe harbor that is not in our law now that I do believe is a good idea. Whenever there is a substantial sale of all the assets, or a sale of substantially all the assets, the shareholders need to approve. The challenge is, at what point is substantially all of the assets sold. And this causes some consternation for our business, and in a down economy there have been. I'm getting up here. Sorry. I get excited about this geeky staff. This is my last one, and then I'll take questions. I know, I know. Last one. What this will allow is that an organization, a corporation will now know that as long as it retains both 25% of all of its assets, and has 25% of its income from continuing operations, it has met that standard and does not have to go through the shareholder approval process, which is expensive. I request your support. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Tillman, for what purpose do you arise? [SPEAKER CHANGES] Thank you, Mr. President. To ask Senator Beringer a question. [SPEAKER CHANGES] Senator Barringer, do you yield for a question? [SPEAKER CHANGES] I want to preface the question. [SPEAKER CHANGES] Reluctantly. [SPEAKER CHANGES] I preface the question. I heard a great explanation, more than I can comprehend. Did I not hear you say that this was endorsed by the bar association? [SPEAKER CHANGES] Yes, sir. You did. [SPEAKER CHANGES] I think it becomes clear. [SPEAKER CHANGES] Thank you, sir. [SPEAKER CHANGES] Is there any further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Kinnaird, for what purpose do you arise? [SPEAKER CHANGES] To debate the debate. I frankly appreciate it, because this is an area that I really have no information of since law school, and it's a very difficult and detailed area. So I appreciated your explanation. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you arise? [SPEAKER CHANGES] To ask for an emergency meeting of the ?? committee. [SPEAKER CHANGES] Is there any further discussion or debate? Before we get into the vote, I'd like to recognize that senator Newton has returned to the chamber. The question before the senate is the passage of the committee substitute to senate bill 239 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. Tucker. Aye. 46 having voting in the affirmative, and zero in the negative. Committee substitute to senate bill 239 passes its second reading without objection. Will be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the senate is the passage of the committee substitute senate bill 239 on its third reading. All in favor will say aye. Opposed no. The ayes have it. Committee substitute to senate bill 239 passes its third reading, and will be sent to the house. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rucho, for what purpose do you arise? [SPEAKER CHANGES] To submit a redistricting report out of order. [SPEAKER CHANGES] You can send forward your report out of order, senator. Clerk will read. [SPEAKER CHANGES] Senator Rucho, for the redistricting committee submits for passage senate bill 317 unfavorable as to bill, but favorable as to the committee substitute bill titled an act to provide for partisan elections for the Guilford County board of education and to provide for district election of the board. Senate bill 325, Wake county school board districts,unfavorable as to bill, but favorable as to committee substitute bill. [SPEAKER CHANGES] Senate bill 317. Senate bill 325. Calendar. Senate bill 426. The clerk will read. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you arise? [SPEAKER CHANGES] Mr. President, I need to send forth a verbal committee report out of order. [SPEAKER CHANGES] You can send forward your report out of order. [SPEAKER CHANGES] Thank you, Mr. President. Members, we had an emergency meeting of the oxmeter committee. It was 100% bipartisan support, and we all want to thank Professor Barringer for this, and it makes us all thankful, those of us who did not attend law school that we did not attend [SPEAKER CHANGES] Mr. President

[SPEAKER] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGE] Would Senator Apodaca yield for question? [SPEAKER CHANGE] Reluctantly. During presentation ceremony, yes sir, Senator. [SPEAKER CHANGE] Senator Apodaca, under the circumstances in you having been a recipient of the August Award I think its unfair that we allow that presentation to go forward without Senator Woodward being here to defend himself. [laughter] [SPEAKER CHANGE] Senator Rucho, thank you very much. I did contact him and he was given a five minute explanation why he didn’t disagree but I hung up. So [laughter] [applause] [SPEAKER CHANGE] Senator Bill 426, the clerk will read. [SPEAKER CHANGE] Senate Bill 426 Change Deadline and Auditee Response. [SPEAKER CHANGE] Senator Davis of Macon County is recognized to explain the bill. [SPEAKER CHANGE] Thank you, Mr. President. Especially at this time, I’m thankful for a very short bill. And I would like to say is all this bill does is gives an auditee response time from thirty days to the discretion of the auditor. Senator MacKissick has an amendment that I would consider a friendly amendment that he will be offering. And I would encourage you to vote for that amendment as well. Thank you. [SPEAKER CHANGE] Senator McKissick for what purpose do you rise. [SPEAKER CHANGE] To set forth an amendment. [SPEAKER CHANGE] Do the members have copies, Senator? [SPEAKER CHANGE] They do, Your Honor. [SPEAKER CHANGE] You can send forward your amendment. The clerk will read. [SPEAKER CHANGE] Senator McKissick moves to amend the bill. [SPEAKER CHANGE] Senator McKissick is recognized to explain the amendment. [SPEAKER CHANGE] It simply allows a person who is subject to audit the opportunity ten days to respond rather than the thirty days provided for now. It’s pretty straightforward. And Senator Davis and I worked on this together. I want to commend him for sending forth a very thoughtful bill. And I ask for your support. [SPEAKER CHANGE] Is there any further discussion or debate? Hearing none, the request before the Senate is the passage of amendment one. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Forty-six having voted an affirmative and zero in the negative. Amendment one is adopted. The bill as amended is back before the body. Is there any further discussion or debate? [SPEAKER CHANGE] Mr. President. [SPEAKER CHANGE] Senator Nesbitt, for what purpose do your rise? [SPEAKER CHANGE] Just to speak briefly on the bill. [SPEAKER CHANGE] Senator Nesbitt has the floor to speak on the bill. [SPEAKER CHANGE] And I just want to point out what we’re doing here. The bill started out as whenever the auditor said, and I think it’s improved to put a date certain in there so that there are some rules of the game. But what you’re talking about here is the ability of an agency to respond to an audit that probably took six months. And most of the audits that have come out in the last year or two have been critical, some harshly critical, some almost personally critical. And if you got it on Friday you've got to have it by the Monday week. It may be a six month audit. And I don’t know what was wrong with the law to start with that says thirty days after the draft audit is given. I know of nothing around here that can’t wait thirty days for the agency to give its reply so that if something’s misstated when the audit comes out, their side of the story is in there. Now, it will be your agencies that are getting it this time. And I’m not in here defending Bureaucracy but I think fair play dictates it. These people aren't the enemy. They run agencies. And they need to be able to have time to respond and have their say. I pitched that out and I’ll say it when the next bill comes through if it does the same thing. [SPEAKER CHANGE] Is there any further discussion or debate. Hearing none, the question before the Senate is the passage of Senate Bill 426 as amended on a 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. [Bryant, hi] Forty-one having voted in the affirmative and five in the negative. Senate Bill 426 as amended passes its second reading. Without objection it will be read a third time. [SPEAKER CHANGE] North Carolina General Assembly enact. [SPEAKER CHANGE] Is there any further discussion or debate? Hearing none, the question

to seven times in the 46 has been a mystery and off they are the same high time that gives them the outside City Hall for 26 passes the reading in the interests of the house than to forfeit into the only time-to-toe veils of fashion plates were sometimes recognizes, the SMS to the senses the intersection of staff has code section does best, and that's the that's so high that Russians for this is a Time -Life activist-fast as tax-and-shoot this and this time sensor has the highest-end of the best of an agenda, systems-suspicion of this commission of issues that may happen, some questions to proposition that serve as a reporter john Kasich: portions inability to chime in the center-service medicine is filled in with our fiscal house, is the that this high-status of this is an actual a trial of activity of the statement that the event and should a file its present-western singer about the "the pennant-year offensive, to the permissions only 8:00 and there's the fiscal impact it had an sentence than the direction for child chat have a very 2-5 finish higher share simon's recognizes window the times of Steve has passed to the fed's the time-the- on-the-speed transmission and, of the anti-Asian and ½ and this has created a kind of man, and the utility companies that have the, that's the major transmission lines that is, as far as the-mandated all in this in the state of this commission after consultation with the dimensions, almost as in others, including in-law as times the situation of the message has been those opportunities, strongly favors and customers in-assets to-station, I'm up into the economy in the event so vast that has no-outs, and in the times and how is this the idea of-the-commerce of the higher the two as they are in support of this , their fear that was some opposition from some other companies in light of what to call him the time-line station last met with the highest estimates masses, ages to ½ years long time and incentives for questions -the- this time syntax and are 0 to 13 years in the 180 seven- the U.S.-agency has been on the sandy-the-time division, and that's a good Physician that this issue ensures us in Jackson, and usually what happens from the press that this is about time-and-seizure of the things that of Avery’s a inventive stance, the navy's inseminated what is the honest users action, the essentially as he made the use of racial transmission lines that, the mayors, investment with the the company time, into his company has a two-semester ????...........................

...the reliability of the transmission lines, whether or not the transmission lines could be abandoned down the road by the company and so forth. I just, putting my best thinking cap on, I could not find any way that it was an advantage to us here in North Carolina to open that door. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Senator Jackson? [SPEAKER CHANGES] Follow up, please. [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Follow up question? Yes. [SPEAKER CHANGES] Have you had the opportunity to look at other States that have allowed other companies to come in and is North Carolina's rates substantially lower or at the same rates as those other States? [SPEAKER CHANGES] We didn't compare all 50 States, most States have a little bit different regulatory environment than we do. Some are more open than others. But ours are, for that purpose, are relatively inexpensive. [SPEAKER CHANGES] OK. Thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 635 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. Walters, Walters, no. Forty-two having voted in the affirmative and four in the negative. Senate Bill 635 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 further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 635 on its third reading. All in favor will say aye, opposed no. The ayes have it. Senate Bill 635 passes its third reading and will be sent to the House. Senate Bill 639, the clerk will read. [SPEAKER CHANGES] Senate Bill 639, Board of Agriculture Modification. [SPEAKER CHANGES] Senator Jackson is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill basically, it's been assumed, and we know what assume means. Most of us do. For a long time that the Commission of Agriculture had complete authority over all the crops grown and regulated in this State. We've been working under that assumption and this bill basically just codifies that and puts it into law that the Commissioner of Agriculture and the Board of Agriculture does have the right to rule and regulate all crops that are grown in this State. And I would appreciate your support. It passed the Ag committee with no questions and no opposition. Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To see if Senator Jackson will yield for a question. [SPEAKER CHANGES] Senator Jackson, do you yield? [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Is there a problem with other people? It says that the Agriculture will have the sole authority to prohibit certain types of plants. Is there a problem of other entities or agencies trying to regulate it? Currently, I'm not sure what this is solving. [SPEAKER CHANGES] Well, not to my knowledge. We're just trying to codify that the commissioner does have the authority to do that, being he is the Agriculture Commissioner. Or whomever happens to be the Agriculture Commissioner. [SPEAKER CHANGES] Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Senator Kinnaird has the floor to debate the bill. [SPEAKER CHANGES] I'm sorry I wasn't there to discuss this bill in Ag. There seems to be a new regime which says that all committee meetings start on time and so if you're a little late, you miss out on a bill. But I do have concerns over this preemption bill. I think that what we are ignoring here is that there's chemical farming and then there is organic farming. And there are also people who do not like genetically modified seeds and plants. They also are very concerned over plants that are pesticide resistant. There are a lot of people who actually have great questions about this and had I been there on time to the meeting I would have expressed that. And expressed a lot of the opinions of people whom I represent. So I definitely am voting against the bill because in addition to that, I don't think preemption is a good actual public policy and so I am definitely intending to vote against the bill. Thank you. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Walters, for what purpose do you rise? [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] Senator Walters has the floor to debate the bill. [SPEAKER CHANGES] I think as we look at agriculture being the $77 billion crop in North Carolina, we have to let our Commissioner of Agriculture have the ability to take care of our commercial crops. And I don't think this bill has anything to do with organic farming. It will allow it to move forward in the capacity it's doing today. So I'd ask for you to support the bill. [SPEAKER CHANGES] Any further discussion or debate?

that this process must settle six. A second reading of the I-am a sensitive time and were the China and the enormity of a sit-Ins to Zachary drivers are other, non-half lead the discussion that their numbers presence passes and all 630 minus the reading all-time high - end assets until six and a passenger in that only seven house -senate, the time of his 75 yuan have increased our of use to these centers recognizes window China Aster defenders of the senate, a dozen times-of-the use of the 68th as the meantime, the report was finished, stepfather which is not expected to issue about that night and she has for the one she has, from all other interests at one time in each of seven, subdivide issued in the attack, stepfather and buy time option and threatens the restaurant this bill increases the times, it's a way that is why this should be sent out time and who is this java is an investment- as a discussion of a ?? end of a citizen has passed the house bill semifinalists second reading all they want to buy time and a 61.4 167850 and 8000, as a second reading about two-year effort, with the disadvantage of the discussion that area, Wisconsin has passed the house bill semifinals the reading of they're also, has never got are at a small city five passes to review: seven ?? advocates said the man every said that the rate is 118 inventor has explained of pages of SMS has a mandate, for the scientific question is, to ask you to the time Saturday in Boston, or to the discussion at ??, as it doesn't seem as if the house of the substance and wounded one wants China for more than a year on us processing plants announcement substance and one of the road and Ryan has had the sense of knowing who reported seeing, the Fuhrman and 1416 am up the centers not include riled in the house and senate, a defense that has aroused riled discuss it, just as soon as often as management has the access as president said there, just myself as it is not at a time high of 1998 by you if you have the right is not easy, easy and CC Carolina, when a player enters of his address to a result, a body that he remains of the dollar's designs times necessary by high heat and S97 818 days, but we can't have the right answer some of the joint E. Davis@sacbee and he now has as much as anybody used as a society, ADM has tied the hands of a defending leader Trent said he invited as many evidence, San Diego have seen their time at his investments and-cents over zero has ?? ………

thank you Mr President just to let everyone know the legislative ?? will meet tomorrow morning at 7:30 in room 414. [SPEAKER CHANGES] Any other notices or announcements? Any further business to come before the senate? If not the chair recognizes the Senator ?? for a motion. [SPEAKER CHANGES] ?? we will now adjourn subject to the re referral of bills and resolutions the receipt of committee reports and the receipt of messages from the house [SPEAKER CHANGES] ?? [SPEAKER CHANGES] Mr President I need to make a quick motion as were headed out the door.[SPEAKER CHANGES] ?? [SPEAKER CHANGES] Mr President I move the rules be suspended till the end ?? two primary sponsors be allowed to submit the governors budget into a bill form with the court. [SPEAKER CHANGES] ?? objection ...Senator ?? is recognized[SPEAKER CHANGES] Mr President I will start all over again I move that the senate do now adjourn subject to the re referral of bills and resolutions the receipt of committee reports, and the receipt of messages from the house, and the governor to reconvene on Thursday, April 18 2013 at 12PM. [SPEAKER CHANGES] Motion of the senate do now adjourn subject to the stipulations stated by Senator ?? to reconvene Thursday, April 18 at 12PM seconded by Senator ?? All in favor say I ?? The I's have the the state is adjourned.