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Senate | April 23, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant at Arms will close the doors. Members will go to their seats. Members and guests in the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Millner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us pray. Dear Lord, the mighty river of life, the giver of every good and perfect gift, have mercy on us and forgive us. Protect us, save us. You are our strength and our fortress, you are our refuge, here for us in all that we do. Help us to trust you. Help us to hope in you, and help us to persevere in you. In Jesus' name we pray. Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr President. The journal of Monday, April 22nd , 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 of April 22nd stands approved as written. A leave of absence is granted today for Senator Blue. Upon the motion of Senators Brunstetter and Parmon of Forsyth County, the Chair is happy to extend courtesies of the gallery to the fourth grade class of the Downtown School of Winston-Salem, North Carolina. If you're with us in the gallery, please stand to be recognized. [applause] The Chair is happy to extend courtesies of the gallery to a group from friends from the North Carolina Right to Live who are joining us today. If you're with us in the gallery, please stand and be recognized. Thank you for what you're doing. [applause] Ratification of Bills, the clerk will read. [SPEAKER CHANGES] Roll of bills, the enrolling clerk reports the following bill duly ratified, properly enrolled and presented to the Office of the Secretary of State: House Bill 222, “An act to allow Buncombe County to use the designed build method of construction.” [SPEAKER CHANGES] Reports of standing committees. Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report, sir. [SPEAKER CHANGES] Senator, you can send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Jackson, with Agriculture and Department of Natural Resources Committee, submits the passage of Senate Bill 25, “Hunting and fishing activity due the military” - favorable. Senate Bill 509, unfavorable as to the bill but favorable as to the committee substitute bill titled, “And act to provide that Agriculture and Forestry operations are not nuisances under the certain circumstances and to provide for the award of costs and attorney's fees to a prevailing defendant.” [SPEAKER CHANGES] Senate Bill 25, Finance, Senate Bill 509, J-1. Senator Meredith, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr President, to send forward a committee report. Se [SPEAKER CHANGES] Senator, you can send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Meredith, for the Commerce Committee, submits the passage of House Bill 433, Committee Substitute Number One, “Land use around a military installation,” unfavorable as to Committee Substitute Number One but favorable as to Senate Committee Substitute Bill. [SPEAKER CHANGES] Senator Meredith again, for the Commerce Committee, submit [RECORDING ENDS]

...passage of Senate Bill 545, Master Meters/Landlord-Tenant Agreement, favorable. House Bill 150, Committee Substitute number one, Zoning/Design & Aesthetic Controls, unfavorable. House Committee Substitute Bill number one the favorable as to Senate Committee Substitute Bill. [SPEAKER CHANGES] Sir. [SPEAKER CHANGES] House Bill 433, J1, Senate Bill 545, calendar. House Bill 150, calendar. Senator Davis, what purpose you arise? [SPEAKER CHANGES] Thank you Mr. President. To send forth a committee report. [SPEAKER CHANGES] Senator, you can send forward your report. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Senator Davis, the State and Local Government Committee submits the passage House Bill 555, Design-Build/Buncombe, unfavorable as to bill but favorable as to Senate Committee Substitute Bill. [SPEAKER CHANGES] House Bill 555, calendar. Senator Newton, for what purpose you arise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] Senator you can send forward your report. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Senator Newton for ?? Committee submits the passage House Bill 388, Assigned Counsel/Amend and Clarify, favorable. [SPEAKER CHANGES] House Bill 388, calendar. [SPEAKER CHANGES] Okay. Senators we were going to move right into… [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you arise? [SPEAKER CHANGES] Two motions. [SPEAKER CHANGES] Senator Apodaca has the floor for his motions. [SPEAKER CHANGES] Mr. President, Senate Bill 612, regulator reform act 2013 is currently Committee on Agriculture, has to be removed and re-referred to Committee on Commerce. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Senate Bill 92, 43rd Senatorial District, Local Act, it's currently in Committee on Roads, has to be removed from Roads and re-referred to Committee on Transportation. [SPEAKER CHANGES] Without objection, so ordered. Moving right into the calendar for today. Going into local bills, we have a third reading of a local bill, Senate Bill 287, the clerk will read. [SPEAKER CHANGES] Senate Bill 287, Notice Publication by Some Local Governments. [SPEAKER CHANGES] Is there any further discussion or debate? [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you arise? [SPEAKER CHANGES] Thank you, Mr. President. To speak briefly on the bill. [SPEAKER CHANGES] Senator Nesbitt has the floor to speak on the bill. [SPEAKER CHANGES] Thank you, Mr. President. We had a good debate on this yesterday and a vote was fairly close. I felt objected in the third reading and I appreciate you all carrying it over till today. I thought everyone could have some time to think about it. When you look at this bill in its essence, at a minimum it is confusing to the public as to where they can go for information. You're going to have some counties that put it on their local internet sites. You're going to have some that advertise in the papers, they're going to be all over the place. And I think that's number one, people ought to know where they can go to get information on this. The second piece of information I've seen is that in almost every instance the paper's website attracts more people than does a government website. I know my way we actually have a government TV station and I try to avoid…

… all costs and immediately change the channel and as an emergency when I stumbled over it. Most of you would do the same thing. It’s not a place you go for information. And when you shake it all down, it’s about people being able to get information about their government and I – this is one where we are fixing something that didn’t broken and we are going to break it and people are going to be less informed and I think will all be diminished because of it. [SPEAKER CHANGES] Any other discussion or debate? Senator Davis, what purpose you arise? [SPEAKER CHANGES] To speak of the bill. [SPEAKER CHANGES] Senator Davis has the floor to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen you have to remember first and foremost, this is a local bill. And if people are going to be confused about where they get the information then they are going to be confused about who their commissioner is. The local government is going to be in-charge of this and they are going to decide what they are going to do. It was well spoken last evening that you can leave it the way it is and put ads in the paper, you can put on the government website or you can do a combination of the two. And I heard like Senator Kinnaird who was worried about some of these papers who are going to go out business because of it. First of all the North Carolina should not be part of the business model for newspaper in the state. I believe wholeheartedly in a free press, but that doesn’t mean that is just newspapers. We have a tendency sometimes I think to think that newspapers are arbiter of what is true. And I can give you some examples in the latest edition of the Goldstar Paper, who are – that’s not so. In this newspaper in an article that was written by in the news of the Goldsboro Paper, the News-Argus, its Staff Herring said these. He said, the woman said, she was a clerk of the Committee as essentially the Chairman's Executive Assistant and Secretary. And what he is referring to is my Legislative Assistant Kate Culberson was a source of some information. And the inference in this article is that she was not telling the truth. And I am here to tell you that what he didn’t say, that's my Legislative Assistant is my sister and she is not going to lie for me, she is not going to lie for you, she is not going to lie for anybody. And this article is riddled with ??. I'm not going to say that their attorney for the news organization is a liar, but I'm going to tell you that the truth seems to have escaped him frequently. There are lot of other things in this bill, they impugned our fellow Senator Tommy Tucker and attributed comments to him that were not true and you and I both know that Tommy Tucker doesn’t tolerate fools very well, but he is an honest man of integrity. And he is going to stay the way – say at the way it is and some people don’t like that. I find that very refreshing personally. Also in this article it impugns our Senator Fletcher Hartsell. It says that he was not here for the vote in the State and Local Government Committee. I know he was there, because I followed him from – we were double booked that day. We were in what, Program Evaluation Committee which he chaired, and we walked back over to State and Local Government, because we knew that our vote was going to be important that day. And after the gavel came down and that committee was recessed Senator Hartsell and I walked back to the other committee. He was there for the vote. And I'm telling you that if you are going to believe everything that’s in the newspaper, you are going to be ill-informed. They had a mission for distorting what happened in that committee. Well, I believe this is a local bill. We ought to give the local people the authority to do what they want to do to best serve their citizens and their local government. They know what's best for them, we don’t enrollee. And if they choose and I have some, all seven of my counties wanted to be involved in this. And some municipalities did not, it’s an option, they can do what they think best serves their people. And for that reason I'll be voting for this bill, I think you ought to as well. And also if you believe everything in the paper it says here that Senator Jim Davis from Greene County, will obviously facts escape them on that regard. I'm not from Greene County, I'm from Macon County. I think that was a mistake, Senator Don Davis from Greene County may think that’s an egregious error. But anyway that you know that even though we share the same last name, Senator Greene is always impeccably dressed. Sorry, Senator Davis is always impeccably dressed and he is half my age…

He has a better tan, and he's of another party, but this just goes to show you that you cannot believe everything you read in the newspaper. They get their facts wrong sometimes. And its up to us to discern whats true ad whats not. Senator Cannere also last evening was concerned about these newspaper and I would suggest that she have her newspaper contacts my newspaper and we have two in our district that are free. You're talking about access for everybody? These are free, all you have to do is pick them up. And right now this bill that is presently before us will give us the opportunity to give these people an opportunity to get those ads, have those ads appear in their newspaper. So i think this thing does a lot of good things but the main thing that it does, it gives the local government flexibility and I would commend it to this day. Thank you. [SPEAKER CHANGES] Any further discussion or debate? Senator Davis [SPEAKER CHANGES] Just a point of personal privilege.[SPEAKER CHANGES] Senator Davis we'll hold it back til the end of the session here, lets move on with the bill. Any more discussion or debate? Hearing now requesting for the senates the passage of the committees substitute the senate bill 287 as amended on its third reading. All in favor will vote aye, opposed will vote no. 5 seconds for the vote. The clerk will record the vote. 26 having voting int he affirmative and 22 in the negative. The committee substitute the senate bill 287 as amended passes its third reading. The amendment will be engrossed and it will be sent to the house. We can move on to public bills. We have one public bill on third reading. Senate bill 539, the clerk will read. [SPEAKER CHANGES] Senate bill 539 jury list date of birth information. [SPEAKER CHANGES] Senator Tark would you like to speak to the bill. [SPEAKER CHANGES] Yes, I actually would like to offer an amendment. [SPEAKER CHANGES] Senator Tark do the members have copies of the amendment.[SPEAKER CHANGES] They do, its on the dashboard. [SPEAKER CHANGES] Ok thank you senator [SPEAKER CHANGES] OK thank you senator. Clerk will read. [SPEAK CHANGES]Senator Tark moves to amend the bill. [SPEAKER CHANGES] Senator Tark is recognized to explain the amendment. [SPEAKER CHANGES] The amendment is purely a technical change from yesterday. After speaking with the AOC and Gary Cohen we've identified the proper listing organization.[SPEAKER CHANGES] Any discussion or debate? Hearing none is the request for the senates the passing of amendment one. All in favor will vote aye, opposed will vote no. 5 seconds will be allowed for the voting The clerk will record the vote. Senator Tark's moves to amend the bill. 49 having voted in the affirmative. And zero in the negative. Amendment one is adopted. ?? amended is back before the body. Senator Kaner, for what purpose have you rised? [SPEAKER CHANGES] We still haven't gotten it up on our dashboard, we're trying. We finally got it but we've already voted before we can see but thanks. [SPEAKER CHANGES] Okay senator since this is all new to some of us, if you will please before I call for the vote, if you don't have the amendment up, please stand to be recognized so we can make sure we have that done. The bill has amended as back before the body on third reading, is there any further discussion or debate? Hearing none. Requesting for the senate is the passage of the committee substitute to senate bill 539 as amended on its third reading. All in favor will vote aye, opposed will vote no. 5 seconds will be allowed for the voting The clerk will record the vote. Nesbit, Davis, aye aye. 49 having voted in the affirmative. And zero in the negative, committee substitute the senate bill 539 as amended passes its third reading the amendment will be engrossed and sent to the house. [SPEAKER CHANGES] Mr President. [SPEAKER CHANGES] Senator Alran for what purpose to you rise? [SPEAKER CHANGES] Send forward a committee report out of order. [SPEAKER CHANGES] You can send forth your report out of order senator. Clerk will read. [SPEAKER CHANGES] Senator Alran, what you just shared to committee to dismiss the passage senator bill for 55 committee substitute number 1 increase penalties seed law violations favorable. Senate bill 399 criminal defendant may wave jury trial unfavorable as to bill but favorable as to committee substitute bill. [SPEAKER CHANGES] Senate bill 455 calendar, senate bill 399 calendar, do we have any notices or announcements?

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