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House | April 18, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sargent at Arms will close the doors. Members will go to their seats. Members and guests of the gallery, please silence all electronic devices. Leading the senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests of the gallery will please stand. [speaker changes] Let us pray. Thank you Lord for this day and thank you Jesus for these little children that have come to join us today. Thank you for their lives. We ask you to bless them. We thank you for how they remind us of your love. We need a reminder today Lord-a reminder that you are good-that your goodness releases us from all the most terrifying circumstances. Bring us back lord. Release us from our anxiety. Bring us stillness amongst the storm. Grace and peace be on this body with these people as we travel together. In Jesus name. Amen. [speaker changes] Senator Berger is recognized for a motion. [speaker changes] Thank you Mr. President. The journal of Wednesday, April 17, 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 April 17th stands approved as written. Senators, we have leaves of absence granted today for Senators Bingham, Meredith, Graham, Tillman, and Woodard. We do have a nurse of the day. Our nurse is Dina Bryant of Burlington, North Carolina. Now Dina, please stand and be recognized. We thank you for your service to the senate. Ratification of bills. The clerk will read. [speaker changes] ?? bill. The ?? clerk reports the following bill dully ratified for presentation to the governor. House Bill 75 enact to increase the penalty for various criminal offenses of felony child abuse and to require that the official record of the defendant convicted of child abuse or other assaults against a minor indicate the defense involved child abuse. [speaker changes] Reports of standing committees. [speaker changes] Mr. President? [speaker changes] Senator Goolsby, for what purpose do you rise? [speaker changes] Present a report. Judiciary one. [speaker changes] You can send forth your reports, Senator. Clerk will read. [speaker changes] Senator Goolsby for the Judiciary One Committee submits the passage of Senate Bill 201, committee substitute number 1 - allow hunting with suppressors favorable. Senate Bill 539 unfavorable as ?? but favorable as to committee substitute bill. Jury lists date of birth information. [speaker changes] Senate Bill 201. Senate Bill 539. Calendar. Senator Harrington, for what purpose do you rise? [speaker changes] Send forth a committee report. [speaker changes] Send forward your report senator. Clerk will read. [speaker changes] Senator Harrington for the transportation committee submits for passage of Senate Bill 105. Unfavorable as to bill, but favorable as committee substitute bill. idle. Enact to clarify that municipalities may enforce state law concerning the placement of political signs on the state highway system within the corporate limits of the municipality. Senate Bill 377 suspends trucking inspections in severe weather. Unfavorable as to bill but favorable as to committee substitute bill. Senate Bill 461. Unfavorable as to bill but favorable as to committee substitute bill titled enact to require the division of motor vehicles to allow third party commercial driver's license. ?? testing any day of the week and to extend the validity of a temporary drivers certificate to

applicant for a commercial drivers licence to 60 days. Senate bill 311. Apex carry Raleigh ROW usage in CBD. On favor left to committee substitute bill number 1, with favor left to committee substitute bill number 2. [SPEAKER CHANGES] Senate bill 105, senate bill 377, senate bill 461, and senate bill 311 calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaka, what purpose do you rise? [SPEAKER CHANGES] Send forth committee report. [SPEAKER CHANGES] Yes senator, you can send forth your report. The clerk will read. [SPEAKER CHANGES] Senator Apodaka for the insurance committee submits for passing senate bill 476. In seek captive insurance act, on favor left to bill, on favor left to committee substitute bill. [SPEAKER CHANGES] Senate bill 476 finance. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaka, for what purpose do you rise. [SPEAKER CHANGES] Multiple motions relative to today's calendar. [SPEAKER CHANGES] Senator you have the floor to make your motions. [SPEAKER CHANGES] Thank you Mr. President. We're going to start off with senate bill 287, notice publication by some local governments. Also includes senate bill 325, Wake county board districts. And senate bill 594, required drug testing. Removed from today's calendar and placed on Monday nights calendar, the 22nd. [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] So ordered. Introduction of bills. The clerk will read. [SPEAKER CHANGES] Introduction of bills. Senate bill 725, and act to make base budget appropriations for the current operation of state departments, institutions and agencies, and for other purposes. Sponsors; Senators Brunstetter, Hunt, and Brown. [SPEAKER CHANGES] The chair would like to extent courtesies of the gallery to a group of students that are in the gallery today. Two different schools, one from Mathews elementary and one from Wrightsville Beach elementary. Stand to be recognized, we thank you for being with us today. [SPEAKER CHANGES] Senators there are maps that are being distributed to go along with a local bill, senate bill 317. So without objection we'll displace that right now, and we will move on to senate bill 180 a public bill, second reading. Senate bill 180. The clerk will read. [SPEAKER CHANGES] Senate bill 180, auto insurance allow optional enhancements. [SPEAKER CHANGES] Senator Apodaka is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. Members, what this bill does, it allows insurance companies in North Carolina, automobile insurance companies in North Carolina to offer a special discounts and packages that we see so often advertised on television. Currently it has to go to the rate facility and then to the commissioner for insurance for approval. This will allow to bypass the rate bureau and go directly to the commissioner and it really is a consumer friendly bill and should have significant impact on some of the rates. Where someone like Senator Brown has all his houses he owns put together along with his cars and able to get some real good package rates. So I encourage you to vote for this. I don't know of anyone against this unless someone wants to pay more money. Thank you. [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 180 on its second reading all in favor will vote Aye oppose the vote no. Five seconds will be allowed for the voting the clerk will record the vote. 44 having voted in the affirmative and zero in the negative committee substitute senate bill 180 passes its second reading without objection it will be read a third time [SPEAKER CHANGES] North Carolina general assembly annex [SPEAKER CHANGES] is there any further discussion or debate? hearing none the question before the senate is the passage of committee substitute senate bill 180 on its third reading all in favor will say Aye opposed no the Aye's have it committee substitute senate bill 180 passes its third reading and will be sent to the house. senate bill 181 the clerk will read [SPEAKER CHANGES] senate bill 181 the clerk will read [SPEAKER CHANGES] senate bill 181 auto insurance young driver classification [SPEAKER CHANGES] Senator Apodaca is recognized to explain the bill [SPEAKER CHANGES] thank you Mr President this bill converts our system from measuring the driving experience of a young person to a age experience basically right now your premium is based on the driving experience or how many years of experience a driver has had this normally just affects our younger drivers those under 19 which we all know are the higher premiums this would convert it to a system of age just going straight to the deal so if your under 19 your going to pay higher rates. what this does do it makes it easier for someone that come into the driving pool that has driving experience say overseas and they moved to the united states they were having to pay the same rate as a 19 year old prior to this but this will be based on age that's what it does so those who come in and have experience in other places will have a lesser rate I recommend it to you and also Mr President i need to send forth an amendment [SPEAKER CHANGES] do the members have copies Senator? [SPEAKER CHANGES] yes [SPEAKER CHANGES] send forward your Amendment. clerk will read [SPEAKER CHANGES] Ben Apodaca moves to amend the bill [SPEAKER CHANGES] Senator Apodaca's recognized to explain the amendment [SPEAKER CHANGES] thank you Mr President members all this does is change the effective date to January 1st 2014 and applies the policies issued or renewed on or after that date I recommend it to you [SPEAKER CHANGES] any further discussion or debate? hearing none the request before the senate is passage of amendment 1 all in favor will vote Aye oppose the vote no five seconds will be allowed for the voting clerk will record the vote. 44 having voted in the affirmative zero in the negative amendment 1 is adopted now the bill as amended is back before the body [SPEAKER CHANGES] Mr president [SPEAKER CHANGES] Senator Rucho for what purpose do you rise [SPEAKER CHANGES] to see if Senator Apodaca would yield for a question [SPEAKER CHANGES] Senator Apodaca do you yield [SPEAKER CHANGES] I do [SPEAKER CHANGES] Senator Apodaca I wasn't able to attend that meeting unfortunately but i just wanted to check now were talking about using the graduated driving license and then with that experience and then going from 16, 17, 18, 19 and just basing it on age. Why wouldn't if someone showed that they were a very good driver didn't have citations didn't have accidents why shouldn't they receive a better rate than just rating it on age [SPEAKER CHANGES] Senator Rucho I wish you had attended the meeting because we got into that and when you kids if you learn you should always attend meetings in classes so you can learn things. Senator Rucho this will have a very little effect on the particular drivers your talking about between 16 and 19 because right now their based on experience of driving which is zero to one two three so from my understanding there's not going to be any substantial change in premiums paid this is just a better way to use the age 19 and older and usually when your over 19 your a little more mature i know in your case that didn't happen but with normal people it does [SPEAKER CHANGES] Mr President I would like to have a follow up if I may [SPEAKER CHANGES] Senator Apodaca do you yield [SPEAKER CHANGES] one yes sir [SPEAKER CHANGES] Senator Apodaca those words of wisdom were very enlightening but I've got an 18 year old and if there's an increase in my rates i'm just going to send you the bill i'll trust you'll accept that graciously [SPEAKER CHANGES] absolutely i would suggest you do not pay postage i don't want to see you go any further in the hole thank you [SPEAKER CHANGES] Mr President [SPEAKER CHANGES] Senator Kinnaird for what purpose do you rise [SPEAKER CHANGES] to ask Senator Apodaca a question please [SPEAKER CHANGES] Senator Apodaca do you yield [SPEAKER CHANGES] I do [SPEAKER CHANGES] Senator Apodaca some years ago a woman from Switzerland had married an American and she moved to my town and when she went in to get her drivers

license they made her start over with all of those. Would this cure that? [SPEAKER CHANGES] Yes ma'am, this is exactly what it's for. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate bill 181 as amended on its second reading. 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. Newton, "Aye". 43 having voted in the affirmative and 1 in the negative, Senate bill 181 as amended 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 Senate bill 181 as amended on its third reading. All in favor will say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, "no". The "aye"s have it, Senate bill 181 passes its third reading, the amendment will be engrossed and sent to the House Senate bill 344, the clerk will read. [SPEAKER CHANGES] Senate bill 344, vintage auto inspections. [SPEAKER CHANGES] Sen. Hartsell is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President, members of the Senate. 344 addresses the issue of when out of state vehicles 35 years of age or older and specially constructed vehicles are required to undergo a vehicle inspection and verification. Currently, the law says that's to take place within a practical period of time, there are however no specific limitations and circumstances. What the bill does is specify what those time frames might be. In that regard, having listened to the committee that I did attend, Sen. Rucho, seemed to think the 10 days was- that was in the bill originally might have been a little too short. I have an amendment to send forward Mr. President, and it's in with the- I think it's already been sent- it's up there, up front, and everyone has a copy of it. [SPEAKER CHANGES] Thank you Senator, the clerk will read. [SPEAKER CHANGES] Sen. Hartsell moves to amend the bill. [SPEAKER CHANGES] Sen. Hartsell is recognized to explain the amendment. [SPEAKER CHANGES] Thank you Mr. President, members of the Senate. The amendment changes the 10 days in each instance to 15 days, which I think is a little bit more consistent with what the committee discussion indicated, and is probably appropriate under the circumstances, it gives everybody ample time, a little better than 2 weeks to address the issue, and I would commend it to you. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of amendment 1, 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. 44 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 passing of Senate bill 344 as amended on its second reading. All in favor will vote "aye", opposed will vote "no", five seconds will be allowed for the voting, clerk will record the vote. 44 having voted in the affirmative and 0 in the negative, Senate bill 344 as amended 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 Senate bill 344 as amended on its third reading. All in favor will say "Aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, "no". The "aye"s have it, Senate bill 344 passes its third reading, the amendment will be engrossed and sent to the House. Senate bill 430, the clerk will read. [SPEAKER CHANGES] Senate bill 430, clarify electric load control process. [SPEAKER CHANGES] Sen. Brown is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. What this bill will do is exempt an installer of an electric load control switch, which are normally placed on things like your air conditioner, who works with public utility, electric membership corporation, or municipal service provider from needing an electrical contractor's license so long as the work is overseen by a licensed electrical contractor and exempt from the installation, maintenance or replacement of an electric load control switch by such a person and requiring a building permit. All the parties have agreed on it and I don't know of any opposition. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the committee substitute to Senate bill 430 on its second reading. All in favor vote "aye", opposed to vote "no", five seconds will be allowed for the voting, the clerk will record the vote. 44 having voted in the affirmative and 0 in the negative, committee substitute for Senate bill 430 passes its second reading. Without

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Third reading. The amendment will be engrossed and sent to the House. Senate Bill 520, the clerk will read. [SPEAKER CHANGES] Senate Bill 520. WC record full IC hearings. [SPEAKER CHANGES] Senator Daniels is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President, members. This is a simple bill. In the Dobbs building right here in the Halifax mall, they have worker’s compensation hearings that are administered by a panel of three commissioners. Currently those hearings are not recorded. The panels make factual and legal conclusions and I just think, this is sort of something that’s fallen through the cracks and this bill simply requires that the Industrial Commission record these hearings, as we do in Superior Court and District Court and all of, most of our other courts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 520 on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. [PAUSE] 44 having voted in the affirmative and zero in the negative , the Committee Substitute to Senate Bill 520 passes its second reading. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Object to third reading. [SPEAKER CHANGES] Senate Bill 520 will be placed on the calendar. [PAUSE] Senators, upon the motion of Senator Buck Newton, the Chair is happy to extend the courtesies of the gallery to Lou Harvey Lewis, mayor of the town of Middlesex in Nash County. Mayor, if you’re with us, please stand and be recognized. Thank you for being here today. [APPLAUSE] [PAUSE] Senate Bill, we’re going to go back to Local Bills now Senators. We have one local bill, but we’re going to read Senate Bill 317. The clerk will read. [SPEAKER CHANGES] Senate Bill 317, Guilford School Election System. [SPEAKER CHANGES] Senator Wade is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Senators, this is a local bill concerning redistricting the election for the Guilford County School Board. And this encourages participation from the voters and aligns the recently redistricted County Commissioner Districts. The School Board election would be aligned with those districts, and it makes the districts more competitive, giving the voters choice in each district. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Robinson, for what purpose do you rise? [SPEAKER CHANGES] I stand to debate the bill. [SPEAKER CHANGES] Senator, you have the floor to debate the bill. [SPEAKER CHANGES] I too represent Guilford County, and we recently met with the Guilford County Board of Education and this was not one of their requests. I want to read to you parts of a letter I received from them, and they along with the Guilford Education Alliance oppose this bill. The letter says the Guilford County Board of Education voted unanimously and this is a bipartisan board on March 28, 2013 to oppose Senate Bill 317, Guilford School Election System, and urges you to do the same. As the only elected officials focused exclusively on Pre-K through 12 public schools, we have been charged by parents and citizens to represent their interests and voices on these matters. While the school board appreciates the General Assembly’s desire to improve public education, the board’s vote in opposition to Senate Bill 317 reflects the following concerns. One, the inappropriate insertion of state control over local issue, and disregard of express will of the citizens of Guilford County during the November 2012 school board elections. Two, introducing partisan politics into a non-partisan issue serves only to divide our community and disrupt our school system and I have to say we have a pretty good school system. We’ve got some things to do, but we have the highest graduation rate in the state. Three, the proposal runs counter to the high levels of satisfaction expressed by parents and communities as measured by statistically valid public opinion

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