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Senate | April 25, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant at Arms, close the doors. Members will go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let’s take a moment to pray together. Our Lord, sometimes we expect so little from you. We box you up and we put you on the sidelines. We try to take the bull by the horns and solve everything on our own. All the while we forget that our chariots and our horses and our bills are nothing without you. Unless the Lord builds the house, the laborers labor in vain. So, may we not be vain today. Lord, may we humble ourselves to rely entirely on you for everything. In Jesus’ name we pray. Amen. [SPEAKER CHANGES] Senator Apodaca is recognized for a motion. [SPEAKER CHANGES] Mr. President, the Journal of Wednesday, April 24th, 2013 has been examined and is found to be correct. I move that the Senate dispense with the reading of the Journal and that it stand approved as written. [SPEAKER CHANGES] Without objection, the journal for April 24th stands approved as written. [SPEAKER CHANGES] Thank you, Mr. President. Mr. President, a motion, please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you, Mr. President. Members, House Joint Resolution 599, National Week of Prayer, is currently in the Committee on Rules. Ask that it be removed from the Committee on Rules and placed on the end of today’s calendar. [SPEAKER CHANGES] Without objection, so ordered. A leave of absence is granted today for Senator Rucho. Ratification of bills, clerk will read. [SPEAKER CHANGES] Enroll of bills. Enroll of clerk reports for filing bill duly ratified for presentation to the governor, House Bill 388, an act to amend the law governing assigned counsel in cases of partial indigency to authorize judgments for attorney fees to be docketed upon the expiration of probation and to clarify the requirements for a social security number. [SPEAKER CHANGES] Reports of standing committees. Senator Hise, what purpose do you arise? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] Send forth your report, Senator. Senator Hise. [SPEAKER CHANGES] ?? with the Health Care Committee, ?? the passage, Senate Bill 473, health care cost reduction and transparency, unfavorable as to the bill, but favorable as to the committee substitute bill. [SPEAKER CHANGES] Senate Bill 473, finance. Senator Parmon is recognized for a point of personal privilege out of order. [SPEAKER CHANGES] Thank you, Mr. President. Members, today I have the great honor of reading a senatorial statement on behalf of the Winston-Salem State University championship football team. I’m very proud because I’m a graduate of that institution. Whereas, the 2012 Winston-Salem State University football team was undefeated during the regular season, posting a perfect 10-0; and Whereas, in 2012 the Rams became the first historical black college and university football team to win fourteen games, topping the team’s 2011 record of thirteen wins; and Whereas, in 2012 Winston-Salem’s State football team also captured the Central Intercollegiate Athletic Association conference championship for the second consecutive year; and Whereas, WSSU football team won the NCAA Division II Super Region 1 championship and played in the Division II National Championship game in Florence, Alabama, on December the 15, 2012; and Whereas, Winston-Salem State football team was named the 2012 Sheridan Broadcasting Network Black College

...National Champions and was ranked number 1 in the final box to row national football poll. And whereas, during the 2012 season, the Winston-Salem football team, its players and coaches, won numerous awards and individual awards that were also consistently congratulated for their sportsmanlike conduct. And whereas, despite playing an extended football season, team players still achieved academic success with 21 players making the fall 2012 dean's list. Now therefore, the 2012 Winston-Salem State University Football Team should be commended for its outstanding season. Mr. President, at this time I would like to recognize Coach Maynard Hayes and his coaching staff and the Winston-Salem State Championship Football Team. Would you please stand? [applause] Mr. President, I'd like to send forth a Senatorial Statement and I think Senator Brunstetter may also would like to have something to say. Thank you. [SPEAKER CHANGE] You can send forward your statement. Senator Brunstetter is recognized. [SPEAKER CHANGE] Thank you, Mr. President. I was pleased to join with Senator Parmon in this Senatorial Statement. There was a great deal of excitement in our community this year as Winston-Salem State made its championship run. We're very proud of the team and we're extremely proud of the university. I would just commend this statement to you. Thank you. [SPEAKER CHANGE] Thank you, Senator. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGE] Brief moment of personal privilege regarding the Senatorial Statement. [SPEAKER CHANGE] Senator Tillman has the floor for a point of personal privilege out of order. [SPEAKER CHANGE] I rode up on the elevator with 10 of those guys up there and I was the only white guy on the elevator and they all weigh, I'm pretty heavy, 260, every one of them weighed more than I did and I've never felt safer in my whole life. Congratulations. [SPEAKER CHANGE] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGE] Mr. President, a motion please and I don't think Senator Tillman and 10 people could get on one elevator, but anyway... [laughter] ...I move that Senate do now recess for 30 minutes to come back at 12:45. [SPEAKER CHANGE] Without objection, so ordered. The Senate stands in recess until 12:45. Subject to messages from the House. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Brown, for what purpose do you rise? [SPEAKER CHANGE] An announcement, please. [SPEAKER CHANGE] Senator Brown has the floor for an announcement. [SPEAKER CHANGE] Republicans will caucus. [SPEAKER CHANGE] Thank you, Senator. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGE] Yes, sir. To make an announcement. [SPEAKER CHANGE] Senator, you have the floor for an announcement. [SPEAKER CHANGE] The Democrats will caucus during recess. [SPEAKER CHANGE] Thank you, Senator. The Senate stands in recess. The Senate will come to order. All members and guests of the gallery, please silence all your electronic devices. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGE] Send forth a conference report. [SPEAKER CHANGE] Senator, you can send forth your report. The Clerk will read. [SPEAKER CHANGE] Conference report. The President of the Senate and Speaker of the House of Representatives, the conferees appointed to resolve the differences between the Senate and the House of Representatives on Senate Bill 10, a bill to be entitled An Act Establishing the Government Reduction and Efficiency Act for 2013. House Committee Substitute No. 2, favorable, 228-13 6th edition engrossed. 314-14 submit the following report. The Senate and the House agree to the following amendment to the House Committee Substitute No. 2. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGE] Move that conference report on Senate Bill 10 be brought forth for immediate consideration. [SPEAKER CHANGE] No objection, so ordered. [SPEAKER CHANGE] Mr. President? [SPEAKER CHANGE] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGE] Send forth a conference report. [SPEAKER CHANGE] Senator, you can send forth your report. The Clerk will read.

Mr. President, Senate, House, Speaker of the House represented at the conference going to resolve the difference between Senate and House Representative Bill 117. The bill to be entitled an act to codify common law that it is murder, that it is murder where child was born alive, dies as a result of injuries inflicted prior to the child’s birth and provides that the act shall be entitled, Lily’s Law. [SPEAKER CHANGES] Clerk will read Conference Report Senate Bill 10 short title. [SPEAKER CHANGES] We already have. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] Council Report just read in by the clerk, if we could, centers on guns. Let’s put it on for Monday night. [SPEAKER CHANGES] Objection so ordered. Clerk will read Conference Report Senate Bill 10 short title. [SPEAKER CHANGES] Senate Bill 10, Government Reorganization and Efficiency Act. [SPEAKER CHANGES] Senator Apodaca is recognized. [SPEAKER CHANGES] Thank you, Mr. President, Members. We have come to a Conference Report signed by the members from the House and the Senate. I will hit some of the high points, be happy to go into more detail if you like. But the Conference Report the changes made and ratified were agreed to Senate reduced to 11 on the Coastal Resources Commission. The Conference Report reduces to 13. Conference Report restores some of the member qualifications and existing law. We’re talking about the Coastal Resources Commission and as a requirement, CRC members must reside and own property in Coastal North Carolina. Utilities Commission Conference Report does not sweep the Utilities Commission but reduces from 7 to 5 members in 2015. Also adds a requirement that members of the Utilities Commission cannot be delegates to a political convention or serve as officers in a political party. Special Superior Court judges, Senate had eliminated, but the Conference Report allows no more specials to be seated after April 1, 2013. The Conference Report allows those seated April 1, 2013, to finish their current terms and then the position will be eliminated and it also keeps the 3 Business Court judges. That’s basically the high points of this and I ask for your support. [SPEAKER CHANGES] Any further discussion, further debate? [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To debate the motion. [SPEAKER CHANGES] Senator Stein has the floor to debate the motion. [SPEAKER CHANGES] Thank you, Mr. President and Members of the Senate. I encourage you to reject this Conference Report and vote against it. If the bill remains a power grab, this is going to be detrimental to the people of North Carolina. The bill as written fires all current board members of the Environmental Management Commission, the Industrial Commission, the Wildlife Resources Commission, the Lottery Commission. On the Coastal Resources Commission there’s not a requirement that there be a single person who has any knowledge of marine related science. It shortens the terms of the existing members on the Utilities Commission. The legislation injects politics and ideology in the commissions that serve to protect every consumer in the state and the environment and it adjudicates claims of injured workers. Our current system works. It allows for the governor, and the President Pro Tem and the Speaker to fill vacancies as they occur in their natural term. This allows for us to have continuity and to resist the temptation on y'alls part to just grab power because you can. Please vote against this Conference Report. [SPEAKER CHANGES] Senator Newton, for what purpose do you rise? [SPEAKER CHANGES] To speak to the motion. [SPEAKER CHANGES] Senator Newton has the floor to speak to the motion. [SPEAKER CHANGES] Thank you, Mr. President, Members. I won’t, I won’t belabor this. I think the Minority probably should be very happy about the changes to the Special Superior Court judges that ??

House, have insure that the political patronage for the minority party stay intact, through the extent of their, term and only is replace by the political appointees of the majority party, on the expiration of there therm. This judges that we don't need. That work 7. 8 hours a week are gonna continue to lap up tax payers dollars, at a 125 thousand plus dollars a year, for their 20 30 hour a week, at best, of their hard labour when we don't need them. The state is gonna continue to expend 2.2 million dollars a year on judges that we don't need. When we have places through out the state that are in dire need of elected superior court judges. That answer to the people. But the courage over there in the chamber, just cant find the way to elect judges, we have to have politically appointed judges. I'm wondering one day we'll find out why it is that certain people wanted to be so sure, that we didn't remove this political appointees, before their time in order to save the tax payers dollars. the rest of the bill, conference report, I think is a pretty good report, but as a matter of principal I can not support this. I would not sign the conference report and I want my fellow members, of this body, to understand why. I hope we will work hard as we go trough the budget and in the years to come to find ways to better reallocate our judicial resources. We sorely need this money in other places, that is better spend, there are distinct such as my district, down in Johnson county, that needs another elected superior court judge. But I can't work on trying to see that done in your district or my district, because we have to protect this political positions. Its a shame, its disgusting and is indefensible. I am anxious, for some body to one day explain to me why it was so necessary. I understand why this body is making this compromise. We can not hold this process up for ever on this few position, but that is the reason for my vote. Thank you . [SPEAKER CHANGES]. Mister president. [SPEAKER CHANGES]. Senator Blue for what purpose do you rise . [SPEAKER CHANGES]. To comment briefly on the bill. [SPEAKER CHANGES]. Senator Blue has the floor. [SPEAKER CHANGES]. I'm sorry on the motion. [SPEAKER CHANGES]. Senator Blue has floor to speak on the motion . [SPEAKER CHANGES]. Thank you mister president. I happen to think, that the wisdom shown by the conferees on the provision relating to the special superior court judges was a very wise decision. First we were gone loose the law suit, about judges, where the judges or the laws deciding the fate of judges. Secondly, apparently, you don't fully appreciate what happens on many Sunday evenings on the state. When the director of the administrative office of the courts calls a special superior court judge from Manteo, and says pack up your bags be in Murphy by 10 o'clock in the morning. The superior court judge schedule to hold up court up there is sic, or incapacitated, for some other reason, He packs up and he goes or she goes, to the other parts of the state. That's how this specials are used. We eliminated them in the 1980s and they were reappointed latter on. I happen to have strongly sported the superior court judges that Jim Hose Houser pointed, as well as those that Jim Marting appointed. I thought that they were good judges. Many moved on to serve in the state courts of appeal and in the supreme court, and distinguish them selves, and still distinguish them selves. I'm talking about judges appointed by republican governors, as well as judges appointed by democratic governors. I think is a good idea for the governors to balance the judiciary with candidates of a certain attitude. The governor having the power to appoint superior court judge is noting that we ought to apologize about. I believe that governor McCoy would appoint good superior court judges, and over a for year period, which is the the time during which he would appointee them. I think, that they would distinguish themselves, as well. That's one are were we haven't had a bunch of loafers and others. I think that you ought to be commended by letting those who have already been appointed serve. I wish you have gone a little bit further and continue this

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?? speak briefly. [SPEAKER CHANGES] I don't know who has the floor. Speak with ?? [SPEAKER CHANGES] Thank you, mister president. I hope we don't start this as the appointees to boards. We need more involvement in the political world, not less. Not necessarily more elected people. We're the ones that make a mess out of everything. These people that labor in the vineyards out there are good people doing civic duty and being a precinct chairman should not disqualify you from serving on the utilities commission or any other board of commission in the state. I just wanted to pitch that out there. Politics can not be perceived as something that is inherently evil because it is what our country is. And without it, you don't have a democracy. And I'm just pitching that out there so that hopefully we aren't starting a new trend, here on everybody. [SPEAKER CHANGES] Any further discussion? debate? Hearing none, question for the senate is the adoption of the conference committee substitute to senate bill 10. We will have one electronic vote. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. Senator Rucho is back in the chamber and free to vote. Let's do that again. We're already voting. Never mind. Rucho, aye. Rabin, aye. Thirty-two having voted in the affirmative and eighteen in the negative, the conference committee substitute to senate bill 10 is adopted. And the house will be so notified. House bill 488. The clerk will read. [SPEAKER CHANGES] House bill 488. Regionalization of public utilities. [SPEAKER CHANGES] Senator Apodaca is recognized to explain the bill. [SPEAKER CHANGES] Thank you mister president. Members it's good to get to something that is not controversial to deal with today. I'm just gonna hit the high points here and then turn it over to senator Nesbitt. First, mister president, if I might, I'd like to send forth an amendment. [SPEAKER CHANGES] Do members have copies? [SPEAKER CHANGES] ?? speech should be on the dashboard ??. [SPEAKER CHANGES] Members on the dashboard, clerk will read. [SPEAKER CHANGES] Senator Apodaca moves to amend the bill. [SPEAKER CHANGES] It is on the dashboard, senator. You should have it before you, senator. Senator Apodaca is recognized to explain the amendment. [SPEAKER CHANGES] Thank you mister president. Members. Let me turn my dashboard on. Set my copy up. What this does is that there were questions in the finance committee on how this would affect other counties if they did not want to participate. If it would be pushed upon them, have a metropolitan sewer district and the establishment of it. This was mainly concerns out of Wake county and what this does is it makes a county have all municipalities sign off before an MSD can be established. So that is what this amendment does. It should take care of the other concerns from other members about it being forced on their county. I'll be happy to explain it further if needed. [SPEAKER CHANGES] Senator Blue, ?? what purpose ?? [SPEAKER CHANGES] To enthusiastically support the amendment. And to thank senator Apodaca for sending it forth before he turned the mic to senator Nesbitt. [SPEAKER CHANGES] Is there any further discussion? debate? [SPEAKER CHANGES] mister president. [SPEAKER CHANGES] Senator Clodfelter, for what purpose ?? [SPEAKER CHANGES] To make a motion. [SPEAKER CHANGES] Senator Clodfelter, for a motion. [SPEAKER CHANGES] Mister president, I need to move under rule 29. That I be recused from voting on this amendment and all the matters relating to this bill. And I have sent the clerk a statement of reasons. [SPEAKER CHANGES] Thank you senator. Any other discussion or debate? Hearing none, the question for 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. Clerk will record the vote. Forty-eight having voted in the affirmative and one in the negative, amendment one is adopted. The bill, as amended, is back before the body. Any further discussion or debate? [SPEAKER CHANGES] Thank you mister president. Yes. Speak on the bill. [SPEAKER CHANGES] Senator Apodaca has the floor. Speak on the bill. [SPEAKER CHANGES] Thank you.

Members, this comes from the western part of the state. We've discussed the Asheville airport before. This deals with the Asheville water system. It's a lot of history here, and I think by the time we get through it, we'll give you a good overview of the history. There was a regional water system set up and it was, dissolved is a good word, around 2004. It combined all, well, most of the municipalities in the county and the Asheville city. It also involved Henderson county. Part of it was we allowed them to put a water intake plant in Henderson county in the Mills River area. It had specific agreements that were to be executed as we went through it. They weren't fulfilled, the obligations of Asheville. Asheville dissolved the water system like I said in '04 and said they were going to take it over. There was no compensation made to anyone when it was dissolved, although the whole regional system was a system put together by a lot of smaller parts in the Asheville/Buncombe county area I believe in the late 30s or 40s, that area grew over time. So when this was dissolved, Senator Nesbitt, myself, and the whole delegation became involved. And we sat through meeting after meeting after meeting trying to get everybody to come together. And at that time, one of the ideas brought forth was to let the MSD, the Metropolitan Sewer District, in that area take over the water system because they did a good job. And we just didn't get there. We passed Sullivan agreements to allow no differential rates charged outside. Anyway, this is to hopefully put together a true regional water system that will protect western North Carolina, mainly the Bumcombe/Henderson/Transylvania areas, to have a secure source of water going forward, and to give us some continuity in how we grow and provide water, and also it brings in a sewer plant in northern Henderson county into the MSD, and allows three seats from Henderson county to go on the new Metropolitan Sewer Authority that will be formed out of this bill. This is a overview, there's a lot of back and forth as you've heard. I think we heard a lot of this in finance, but I just would like to say I ask for your support. We're not trying to steal from anybody, we're just trying to come up with a way to protect the citizens of western North Carolina, and hopefully have a stable source of water and sewer for that area, because we are one of the major growth areas in the state now. I'll be happy to answer any questions. [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Nesbitt has the floor to speak on the bill. [SPEAKER CHANGES] Thank you Mr. President and members of the Senate. I apologize to you all for having to go through the torments of western North Carolina. Apparently the old legislature used to have to go through this all the time. On annexation, on disputes between cities and counties that we tried to settle over time, and apparently didn't do a good job of reaching a settlement of that by the way. It tended to alienate the people, but it kept you all from having to endure these debates. But I think this is one you need to hear. The amendment that Senator Apodaca just sent forward, if that had been followed in this case, you wouldn't hear a peep out of me. It requires the counties that are affected by this to ask that it be done. That's the way you build regional agreements, that's the appropriate way to do it. And I'm for regional agreements, I want them to occur because it's a more efficient use of resources. In Henderson county they do not have a sewer treatment plant out on the, what would be the north end of their county. We treat their sewage for them already. We do that by agreement. They don't have a water system on the western end of their county, where our water intake is, and they signed an agreement which is still in effect and still being enforced, I think it will be done away with by this, but as of right now,

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And he just wants to do it in a forceful way to where he's, punished them for some sin that apparently they had done to him in the past. Representative McGradey, now senator Apodaca represents part of Buncombe county and he has every right to have an opinion. But representative McGradey, a republican up there named Dr. Mumpower, who severed on our city council for awhile made a statement. And I said this at, and Mumpower is know to be eccentric at best. And I told him at this meeting and I said "I've finally lived long enough to where Carl Mumpower said something that I agree with." And Chuck McGradey was chairing a meeting in Buncombe county about taking our water system by the way. And I said he said "Mr. McGradey when you tell us your over here to help us figure out what to do with our water system its a bit disingenuous, it kinda looks more like somebody casing a bank fixing to rob it." And Chuck, we always thought he was a great, charming fellow when he was coming to Sierra club meetings, in Buncombe. He was president of the Sierra club, and we thought well boy he's something. We didn't realize he was checking out all of our assets so that when he got in the house he could start taking them. And he hasn't slowed down a bit and he just thinks he has the right to do that. Now folks this is not anyway to conduct business, and we all have talk about this down here before. If people in this room know anything, we know that the sun don't shine on the same dogs head all the time. Things change, and you don't start a regional agreement and get everybody's water and sewer tied up in it, in a shotgun marriage. It doesn't work that way its just the other side made the next time, and we gotta deal with that. I was trying to think of a good analogy. Its almost like, Henderson county kinda went and got in a cage with a 400 pound gorilla back in 95' and woke up with a hangover the next day. And Now they found a cage that's got two gorillas and that's Bunkum and the city of Ash-ville and their cutting the lock off to climb back in there with them. And for the life of me I don't see what the long term deal is here. The people in Buncombe are upset, of course the people in the city of Ash-ville are upset. Ash-villes about 70,000 people Buncombes about 220,000 I think, somewhere around there. And this just isn't going to work long term, you just cant do this under these conditions and leave everybody with hard feelings and expect anything to last any length of time at all. Now the powers here its going to pass, but understand that my people rightfully believe that an asset that they have invested 100 years in, is being taken from them without compensation, against their wishes, that Henderson county will have an undo influence over our future. And by the way this authority has taxing authority, I know they think it doesn't anymore but it does. It has taxing and assessing authority over Henderson county, and Buncombe, and the city of Ash-ville of course. There's just way to many moving parts in this for any good to come of it . And I think you know I ask everybody to look at it, think before you do this. If you don't think its coming your way, you just wait. Water is going to be more important then oil in this country, at some point. And if you don't think your neighbors will steal form you, observe. They'll be there if you've got water and they don't and they got power and you don't, they'll take it. And the

Representative: …the amendment we passed a while ago says, oh well, both of them have to write a letter. Well that is until somebody decides not to. We all know what a statute means down here. The minute you got the votes, you can do anything you want to. This will be a thing of the future. Now, we were talking a while ago about who all is in this. It is interesting, MSD, the board is a bunch of [xx] – I know most of them. I am not sure if there is a lady there or not, not one that I know of right off the top of my head. We have the mayor of Black Mountain and the mayor of Woodson. We have an appointee from,.,,, We have Bill Stanley, who was on our county commissioner for years. It is Buncam and Ashevilleand six municipalities: all of them are sitting there and not saying a word because they all are on their own water systems and do not want them sucked into this deal. This is not a deal where everybody is getting into play. It is a our water system for Buncam County that is being sucked into this deal – and that’s all. In Henderson County, the city of Hendersonville, has a great water system – it’s not regional, it’s just Buncam’s that is regional. This is not regional – it is a taking of Buncam’s assets for the purpose of Ashland County. It is taking control of it from the people we entrusted it to, to put it with another board so that Moffet can get even with the city of Ashland. I mean we can pass a bill that Ashville has to do all this, but hat is not what we chose to do. Or, we could have passed a bill that Buncam County commissioners can take over the water system if you are worried about management, but that ain’t what we did. I ask you to think long and hard. I think we are starting something that I have never seen here before. I have never seen this before: where you come in and just take control of somebody else’s stuff. The list is as long as you arm of stuff they can come in and got, and I urge you to defeat the bill. Speaker: Further discussion or debate? Senator Tucker, for what purpose do you rise? Representative: Yes sir, Mr. President, to speak on the bill. Speaker: Senator Tucker has the floor to speak on the bill. Representative: My comments will not diminish the importance of this legislation for or against. I have been promised by my colleagues, Senators Nesbitt and Apodaka, that this is one of the last, in a while, that, with the saga of the mountain feud that is going to come before us. I am thankful to them for that. So with that I will sit down and be quiet. Speaker: Any further discussion or debate? Before we vote we have excused absences for Senators Hunt, Jenkins, Berger, Rayland of Brunswick County and Rucho, for the remainder of the day. If there is no further discussion or debate, the question before the house is the passage of the senate committee substitute to house bill 488, on its 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: 39 having voted in the affirmative, 15 in the negative. The senate committee substitute to house bill 488 has passed its second reading and will remain on the calendar. Moving into second reading of public bills roll call. Senate bill 137, the clerk will read. Clerk: Senate bill 137, prohibiting cold pay waiver, Medicaid provider. Speaker: Senator Tillman is recognized to explain the bill. Representative: Mr. President, to speak on the bill briefly. This bill simply prohibits those Medicaid provider pharmacists with Medicaid prescription drugs from giving it away. There has been a practice, that has been going on for a while, where they offer this for free and they suck in a lot of customers doing that. Some of them are big time pharmacists. We are saying that you cannot, as a normal course of business, give this away and waive the normal co-pay. They must

charged for that that's all it does. It keeps them from luring customers by doing this unfair business practices. SPEAKER CHANGES Ready for the discussion of the debate hearing now the passage of the hearing of the debate the passage of the committee substitute of bill 137 on its second reading, all in favor vote aye all opposed vote no 5 seconds will be allowed for the voting, the clerk will record the vote. [SPEAKER CHANGES]?? Nigh Ford Aye 45 having voted in the affirmative and 0 in the negative passes its second reading without objection the senate bill will be read a third time. [SPEAKER CHANGES] North Carolina generates chairman act. [SPEAKER CHANGES] IS there any further discussion or debate? Hearing now is the assage of the hearing sub committee bill 137 on its 3rd reading All in favor will say aye AYE all opposed no the senate sub committee bill vote passes its third reading SO as we have a nurse with us here today our nurse is Nurse Peacock for Durham North Carolina Nurse Peacock if you will still stand and be recognized. Thank you for your service. Senate bill 189 the Clerk will read. SPEAKER CHANGES Senator cook is recognized to explain the bill SPEAKER CHANGES Thank you Mr. President. Senate bill 189 a new law on limiting homeschool SPEAKER CHANGES This bill simply updates and clarifies the definition of home school. It has been 25 years since our current home school bill passed in 1988 since then the interpretation of our home school by the division of non public education has been that language arts, math, science ,and social studies must be taught by the student parents legal guardians or members of the household, however today's education is more collaborative and uses more modern instructional options including the internet, electronically stored information, video instruction and cooperative activities. This bills updated definition will allow home school parents to choose the best educational sources and experiences for their children while taking advantage of the latest in future = technological developments. This bill is supported by the groups North Carolinians for home education and the North Carolina Coalition of Home Educators it passed the house and the senate education committee unanimously I ask for you support [SPEAKER CHANGES] Any further discussion or debate? Hearing none the question before the Senate is the passage of Senate bill 189 on its second reading all in favor vote aye all opposed vote no 5 seconds will be allowed for the vote the clerk will vote no 45 having voted in the affirmative and 0 in the negative the senate bill passes with out objection [SPEAKER CHANGES] Any further discussion or debate/ hearing of the senate bill on its third reading all in favor will say aye opposed no passes its third reading and will be passed to the senate senate bill 201 the clerk will read [SPEAKER CHANGES] Senate bill 201 allowing hunting suppressors [SPEAKER CHANGES] Senator ?? will be recognized to debate the bill.[SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen let me begin by discussing the current federal process to secure a permit to purchase and possess a suppressor under federal law. The requirements include making an application to the ATF for a tax paid transfer and registration of a fire arm provide a fingerprint card and a personal passport photo, you must obtain a signature from your local chief law enforcement officer which is the sheriff you must pay a 200 dollar transfer fee and you must register with the with the bureau of of Alcohol Tobacco and firearms and explosives can carry up to a 10 thousand dollar fine and ten years in prison nt up to ten years in prison 10 years in prison

This bill changes none of this. All this bill does is allow the use of a legal suppressor while hunting, increasing the risk of hearing damage related to the use of firearms. Suppressors also allow hunters to wear less ear protection, which increases their awareness of their surroundings and improves safety. This legislation will benefit farmers who need to hunt nuisance wildlife such as feral hogs and coyotes. These animals are typically found in groups or packs and when using a normal rifle, the animals will scatter after one shot. Suppressors will allow farmers to fire multiple shots and take multiple animals without them scattering. Currently, hunting with legal suppressor is allowed in 24 states. The bill is supported by the Lilac Resource Commission, and it did pass the Senate Add committee and the Senate Judiciary One committee. In closing, I would like to use the words of Dr. Phillip H. Dater who writes "It is easy to spot older, long time shooters. These are the guys who can't understand a word you're saying while regaling you with tales of the great hunts in exotic locations, the competitions won, or the battles bravely fought. Some use hearing aids, which are second choice to natural hearing. Others will be able to understand you if they can see your lips move and their is little ambiance in the room." I would appreciate your support. [SPEAKER CHANGES] Senator Walters, what purpose your aye's? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Walters has the floor to speak on the bill. [SPEAKER CHANGES] Thank you Mr. President. I think this bill, this is not a second amendment rights bill. We've heard today from the bill sponsor all the guidelines that we have to go through to buy suppressor or silencer. I don't think, that's not the issue. There's an issue that's far reaching than hunters, and it's landowners, private property rights. As we go forward, you know there's a thing, it's safety. Safety should be for every North Carolinian. Not just the hunters in North Carolina. Because living in rural North Carolina, when you live there day after day, and you walk out in the morning, and you hear someone duck hunting, or in deer season you hear deer rifles discharge, you know someone's on your property. And you know when you've given permission or not. You can hear them. And so as a landowner, you go and check on your property. But also, you send farm workers out everyday. And a lot of places in North Carolina, little farms, we travel across two or three neighboring properties to get to a property in the back maybe. And we may not know that someone has the right to hunt, but if you hear that gun discharge, you stay out of that area. If you're working in the forest products industry, in deer season, you understand if you hear a gun discharge in the green ??, 660 acre block, which is a mile squared, you don't enter that block, because you understand someone is hunting there. What the next thing is is deer poaching, or night hunting. If you're at home in the evening, and you hear a gun go off, you know probably someone is on your farm hunting illegally. You can call the sheriffs department. And we passed a bill in 2010, general senate, landowner protection. Where you have to have written permission to hunt. Oh, 2011, thank you. Where you have to have written permission to hunt. Those are the issues that I have with this bill, it's safety and trespassing. And I think at some point in time, we as property owners and family farms for generations, we need protection as well. Hunting is a wonderful sport, I participate in it all the time, have two or three hunting lodges; I understand the joy and the privilege of hunting. But it is a privilege. And we have to protect our workers, and our family farms.

day and Westminster shown that this is where of the individual is all the advantages of so-far has been that was just seemed a sure-mail center artist for speed and 1/2-as we have the 1998 people because their timing set of work is See is out of 60 minutes a problem that we have the time of the city of suppressors the standard is the best roles of them, yet fonts and it still here as a separate incident when it was the day, 14 of the chimes satisfy demands and mid-level is now the developing countries use of it, here's another of the defendants in the use of Spain is still time for all of the chaos that they will be worked out a few society seem to have issued in the movies as last month was pressed working with the tiles is that sale Saturday Force as the states and the other hand, has been opposing a Andersen and solstice stresses this time, a retail selling the stock is the question about 10 of the end of the time half of its own style, Spanish origin of the wall and so some editions, Salcido ?? and-handed weapons as finance a man that the enactment of the dealers line as time that the defense-date was first sent to us to do this for speed the that he said, this is an excellent piece of legislation of the position that time, and some that this meant that this is a devil of the states, and women's ?? services same as humans or should have sent shares and this event, there seems to be certain that, without luck, first ?? and spent every other night at the white student and special- of-state lawmakers of machine of time-out anti- obscenity substations of being tried in sentencing times as many as the investigation , businesses, this is a standard here for his enough of the senate, a timely fashion sense that if we do this is a new form and the discussion that ?? says the SS-speed of its investments for some time-that map that was the best of a handout said he did the work at the time and on-thames as the 7. 8715 time of years and we're losing respect for property, the newspaper timetable for the higher end of his land was pressured ½ to you, my ear up at the time of medicine in the area where the sub- the-passer and maybe in a video shoot back, is more important than the people and wire and he's already has the story on time , five and it would be very unhappy that states that Sharon Davis of respect before the comments with something, and there has been contacted by the the day of the actors have either a son, sir, in the meantime, we did that descended on this has said the U.S. that assistance center questions and other ??............

...yield. [SPEAKER CHANGES] Yes sir. You just made the statement, Senator Nesbitt that you had the right to go over there and hunt on Jackson's property, or Walter's property. We passed a law in 2011 that said no you can't do that. You've got to have permission, written, signed and on your person, to be there. So you're hunting illegally if you're doing that. You do remember us passing that. You voted for it. [SPEAKER CHANGES] Yes I do remember that. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] And I ought to have to do the same thing if I'm going to go on his property with a suppressor, or tell him if I'm on his neighbour's property with a suppressor so he'll know to wear a hard hat while he's on his tractor. [SPEAKER CHANGES] Mr President. [SPEAKER CHANGES] Senator Kinnaird. For what purpose do you rise? [SPEAKER CHANGES] To ask the Bill sponsors a question. [SPEAKER CHANGES] Senator Randleman do you yield for a question? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] I'm working on the logic here as was explained by Senator Brock. You said that this was in case we have wild hogs or coyotes or something and they, they go in packs, and you want a suppressor so that if you shoot one the others don't know it and they all won't run away, but Senator Brock tells me that you actually can hear the gun and therefore it's not really a danger to Senator Walters, so which one is right? Can you hear the gun so that the hogs will disperse, or they can't hear the gun, so the neighbours won't hear it? [SPEAKER CHANGES] Thank you Senator Kinnaird, and that was the second rationale for the Bill, the first being the safety from ear damage. I will tell you that this suppressor, when the gun fires, it decreases the decibels at the hearing range, but you can still hear it out from you. So these herds, they would be in your immediate vicinity. It's not like they're going to be extremely long range, so when they fire, they should be able to kill more than one. As I explained the other day, typically, rifles generally fire at around 160 decibels. The noise from a suppressed rifle varies, based on the specific suppressor and the type of ammunition, but they typically lower the decibels to between 120 and 140 range. [SPEAKER CHANGES] Second question to the Bill sponsor. [SPEAKER CHANGES] Senator Randleman do you yield? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Are there other methods of protecting your ears? Aren't there muffs and those things you insert in your ears? [SPEAKER CHANGES] Thank you for asking that and if you had listened to my explanation, I explained how when hunters have to wear other hearing protection, that it causes them not to have as much understanding of their surroundings, because when they have ear muffs on or ear plugs in then, in their immediate range, it lessens their ability to hear what's going on in that range. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question for the Senate is the passage of the Committee Substitute for Senate Bill 201 on it's second reading. All in favor will vote aye, opposed will vote no. Five seconds to be allowed for the voting. The clerk will record the vote. Gentlemen aye. Twenty nine having voted in the affirmative and sixteen in the negative, Committee Substitute for Senate Bill 201 passes it's second reading without objection to be read a third time. [SPEAKER CHANGES] ?? the axe. [SPEAKER CHANGES] Any further discussion or debate? Hearing none the question for the Senate is the passage of the Committee Substitute for Senate Bill 201 on it's third reading. All in favor will say aye, opposed no. The ayes have it. Committee Substitute for Senate Bill 201 passes it's third reading and will be sent to the House. Senate Bill 243. Clerk will read. [SPEAKER CHANGES] Senate Bill 243 Back to Basics. [SPEAKER CHANGES] Senator Allran is recognised to explain the Bill. [SPEAKER CHANGES} Thank you Mr President. Ladies and gentlemen, this is a very simple Bill. All it does is require that in our public school system, that cursive writing be taught, and also the multiplication tables, one through twelve. That's what the whole Bill does and I'll answer any questions if there are any. [SPEAKER CHANGES] Is there any discussion or debate? [SPEAKER CHANGES] Mr President, Mr President. [SPEAKER CHANGES] Senator Barringer for what purpose do you rise? [SPEAKER CHANGES] To share very briefly the comment I made in the Committee when we heard the Bill. I have a twelve year old daughter and I use the opportunity for sales to be able to reinforce math, forty per cent off this or that, and one day we were out doing that...

And I saw a calculator lying on a table and I thought I need to pick that up and take it to lost and found and then I looked on every table there was a calculator. And the reason for that was evidently people at the sales could not calculate 40 percent. I think it's a consumer protection item as much as it is brain development and everything else. Our citizens need it and I commend you Senator Allran. Thank you. [SPEAKER CHANGES] Senator Ford for what purpose you rise? [SPEAKER CHANGES] Mr. President Speak to the bill. [SPEAKER CHANGES] Senator Ford has the floor to speak to he bill. [SPEAKER CHANGES] Ladies and gentlemen of the Senate I appreciate your time to briefly speak to this bill. I struggle with the concept of a top down approach toward education. We have superintendents all across this state and when we pass legislation like this we say to the citizens of the state of North Carolina we know better than the boards of education and we know better than these professionals superintendents who are hired all across this state. I struggle with the fact that we are going to require children to learn cursive writing. If you take a look at the last time you got a cursive written piece of information it is very rare. Most of us are using electronic pieces of communication to communicate back and forth. I understand that the department of public instruction does not require keyboarding. Which I think is our present as well as or future. I go back to the concept of a top down approach toward education. I think we need to work more with our boards of education. We need to work more with our superintendents and take instructions from them about what is best to educate our children. I thank you for your time his afternoon and I will be voting against the bill and I encourage you to consider your actions as it relates to public instruction. [SPEAKER CHANGES] Any further discussion of debate? [SPEAKER CHANGES] Senator Allran for what purpose you rise. [SPEAKER CHANGES] To speak a second time on the bill. [SPEAKER CHANGES] Senator Allran has the floor to speak a second time on the bill. [SPEAKER CHANGES] I would just say first of all the state board of education for those who are interested supports this bill and so does superintendent June Atkinson. However I didn't put the bill in for the sake of any of those folks. I put the bill in, I drew up the bill last session because a lady in my district called me up, a mother slash parent, called me up and said she was so upset and concerned because her child and the other children couldn't read cursive writing. Since they couldn't read it, that means they couldn't write it. Since they couldn't write it they also couldn't read it. So I drew the bill up and put it on my desk and set it aside and a group of young people from Newton North Carolina came to visit called teen leadership and I was sitting with them up in the appropriations rooms talking and asked them what they thought about that bill. Every single one of them raised their hand and said please put that bill in because we believe you should be able to write in cursive and read it. And they said people are just being deprived. To me its very neglectful that we would let our children graduate and not be able to read or write in cursive or know the multiplication tables. And the way we should be going in this state is more education. If we can't give them more education we should at least hold our own. But if they can't read or write the way everybody in this room can we are going backwards, we'er depriving these people. I would simply say that its common sense. They have a right to know the same type of things that we learned when were coming along. Thank You. [SPEAKER CHANGES] Senator Ford for what purpose you rise? [SPEAKER CHANGES] I would like to speak a second time. [SPEAKER CHANGES] Senator Ford has the floor to speak on the bill a second time. [SPEAKER CHANGES] Senator I respect your approach I just simply bring back your attention. We have school boards. We have superintendents all across this state. And I think that is we are going to do something as relation to public education we need include those folks. I respect parents. I am one with a child who is public school myself but I go to my principals, I go to the teachers to figure out what their struggles are before I come to you with any piece of education, piece of legislation that relates to education. I think we do them a disservice when we don't include them and we are just listening to parents about what they want. Teachers have to do a lot to educate our kids. In my opinion this legislation is piling on what they already have to do to educate our

I’m not going to go into you about what the budgeting is for education; I just simply ask you folks in this chamber to consider the impact that it’s going to have on those folks who are going to have to add this to the curriculum. Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Rabin, for what purpose do you rise? [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] Senator Rabin has the floor to speak on the bill. [SPEAKER CHANGES] As a former trainer and educator with some huge responsibility in that world, I don’t find training and educating as arcane as some people do. If we look at the results of our current system, a lot of us have agreed that for our investment, we’re not doing too well. Maybe a bit of guidance going the other way is in order. As to the need for cursive writing, I had to sign a check yesterday and also I read the Constitution. I support the bill and I support the disciplines involved. Thank you. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 243 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. 38 having voted in the affirmative and 7 in the negative, Senate Bill 243 passes its third reading and without objection will be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 243 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. [SPEAKER CHANGES] No. [SPEAKER CHANGES] The ayes have it. Senate Bill 243 passes its third reading and will be sent to the House. Senate Bill 378. The Clerk will read. [SPEAKER CHANGES] Senate Bill 378, Assess Propane Dealers and Distributers. [SPEAKER CHANGES] Senator Jackson is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, this bill basically authorizes, and listen to me carefully, a voluntary assessment of no more than two tenths of one percent – of one cent, excuse me – on propane gasoline. The dealers are entitled to request and receive a refund on the assessment paid similar to other assessments we have in our laws. We currently have 19 assessment programs in North Carolina now, and the group is asking that we allow them to do this as well. The funds from this will be used for education, training, safety compliance, equipment replacement for low income customers, marketing, advertisements and customer rebates. To my knowledge the industry is behind this, there’s no opposition, and I would ask for your support and be glad to answer any questions. Thank you. [SPEAKER CHANGES] Senator McLaurin, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. I’d like to send forth a request to be excused from voting on Senate Bill 378. [SPEAKER CHANGES] Thank you, Senator. You can send forward your request. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Bingham, for what purpose do you rise? [SPEAKER CHANGES] I’d like to also send forth a request to excuse myself from voting. [SPEAKER CHANGES] You can send forward your request, Senator. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 378 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. Parmon. Bryant. Bryant, aye. Clark, aye. Parmon, aye. Allran, aye. 43 having voted in the affirmative and 0 in the negative, Committee Substitute to Senate Bill 378 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [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 378 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Committee Substitute to senate Bill 378 passes its third reading and will be sent to the House. Senate Bill 439. The Clerk will read. [SPEAKER CHANGES] Senate Bill 439, Amend and Restate NC Limited Liability Co. Act. [SPEAKER CHANGES] Senator Barringer’s recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Well fellow Senators, you’re in for a treat. Today we have a 51 page limited liability company act, and I have my esteemed colleague Senator Clodfelter here to take up where I leave off. Now to the merits of the bill. It comes to us from the business law section of the North Carolina Bar Association where it was well-vetted and has been well done. It was also fully vetted by two meetings of our Judiciary 1 Committee, and it comes to us now today extensively revising the Limited Liability Act. This is

It's an important act because what it does is it gives tools to the two hundred thirty-one thousand, five hundred and thirty limited liability companies in North Carolina. Limited Liability companies are now the premier and the most prolific or business organization formed in North Carolina. It's particularly important for small businesses. This act does modernize. It gives flexibility and what it really does, it's truly critical to, for economic engine which is so much built on the limited liability companies, especially for those small businesses. I do anticipate that it's going to help us create jobs for our working families. I am prepared to answer questions, but before I do, I do have one technical amendment. It should be on your dashboard as we speak. I'm sending it forward. It has been sent forward. [SPEAKER CHANGES] Do the members have copies, Senator? [SPEAKER CHANGES] Thank you very much Mr. President. [SPEAKER CHANGES] Oh, Oh, Senate. The amendment is on the dashboard. Thank you. The amendment is on the dashboard. The clerk will read. [SPEAKER CHANGES] Senator Barringer moves to amend the bill. [SPEAKER CHANGES] Senator Barringer's recognized to explain the amendment. [SPEAKER CHANGES] This is truly a technical amendment. I'd be happy to explain it in further detail, but we frankly just left out the words, and we have a full Senate's clause there, but we had left out the words; that they reasonably rely on those written provisions in the operating agreement. That's the nature of this particular amendment. If there are any questions I stand ready to answer them and if not, I request your support of this bill. [SPEAKER CHANGES] Is there any further discussion or debate? Depending on the question before the Senate is the passage of amendment one. All in favor will vote aye, opposed vote no. Five seconds will be allowed for the voting. Clerk will record the vote. Apodaca, aye. Parmon, aye. Forty-five having voted in the affirmative and zero in the negative, amendment one is adopted. The bill as amended is back before the body. Senators, before we move on to the next vote, Senator Parmon has an excused absence for the remainder of the day. Is there any further discussion or debate on the committee substitute Senate bill four thirty-nine? Hearing none, the question before the Senate is that passage committee substitute Senate bill four thirty-nine as amended on it's second reading. All in favor will vote aye, opposed vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Woodard, Woodard aye. Ford, aye. Tillman, aye. Davis, aye. Barefoot, aye. Nesbit, aye. Forty-four having voted, Okay. Hold on one second, please. Senator Kinnaird, you were raising your hand back there, where you? Okay. Thank you. I think we're okay. Forty-five having voted in the affirmative and zero in the negative. Committee substitute to bill four thirty-nine as amended passes it's second reading. Without objection, will be read a third time. [SPEAKER CHANGES] North Carolina general assembly enact. [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 four thirty-nine as amended on it's third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Committee substitute Senate bill four thirty-nine passes it's third reading and will be sent to the House. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, motion I think. [SPEAKER CHANGES] Senator Apodaca has the floor for motion. [SPEAKER CHANGES] Mr. President, I think it's getting a little late on a Friday afternoon. See, I don't even know what day it is. You sure it's not Friday? Seemed like we passed midnight a little while ago. I think we'll clear the calendar here and hold it over for Monday if nobody objects. [SPEAKER CHANGES] Without objection, so ordered [SPEAKER CHANGES] Okay. Thank you. [SPEAKER CHANGES] Senator. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Randleman, for what purpose do you rise? [SPEAKER CHANGES] Moment of personal privilege.

Senator Randleman you have the floor for a point of personal privilege. [SPEAKER CHANGES] Thank you. I wish to speak to a Senatorial statement honoring the life of Arthel Lane Doc Watson. And I have sent that statement forward. [SPEAKER CHANGES] Thank you Senator. [SPEAKER CHANGES] Ladies and gentlemen. In 1998 this body adopted a Senate resolution paying tribute to North Carolina native Arthel Lane Doc Watson, legendary performer and folk artist and honoring his son the late Merle Watson. Today is the opening day for the 26th annual Merle Fest held at Wilkes Community College. The event was started in 1988 as a fundraiser for the community college and the memory of Doc’s son Merle. By last year the event had grown to over 75,000 participants who come from all over the world. Unfortunately this year will be the first time in the history of the festival that its founder, Doc Watson will not be in attendance, who acted host and played music with his friends. He passed last May at the age of 89. Doc inspired countless musicians with his guitar pickin’ style. Over his legendary career he won seven Grammys and was inducted into the International Bluegrass Music Association Hall of Fame in 2000 and the Grammy Hall of Fame in 2006. Amazing accomplishments considering he lost his sight as an infant. Despite all of his success Doc remained a simple and humble man. And I don’t think he ever truly realized his impact on country and bluegrass music. He would often describe his guitar playing as country pickin’. I encourage everyone to come and enjoy the Merle Fest. The event lasts through Sunday and the tribute jam to celebrate Doc will be played Saturday night. Mr. President, I respectfully request that the words of the Senatorial statement honoring the life of Doc Watson be spread across the journal. [SPEAKER CHANGES] So ordered. Senator Apodaca for what purpose do you rise? [SPEAKER CHANGES] Mr. President we have one time sensitive matter that’s on the calendar we need to do. It shouldn’t take but a second. House joint resolution 599. I move it be brought before us for immediate consideration. It has been passed out. [SPEAKER CHANGES] So ordered. [BLANK_AUDIO] [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Sanderson for what purpose do you rise? ?? House joint resolution 599. The clerk will read. [SPEAKER CHANGES] House joint resolution 599. Supporting prayer week in North Carolina. [SPEAKER CHANGES] Senator Sanderson is recognized. [SPEAKER CHANGES] Thank you Mr. President. Just to speak to the resolution. Members of, of the Senate, everyone does have a copy of this resolution. The purpose of this resolution is to join with our Governor in proclaiming next week as a week of prayer for North Carolina in conjunction with the National Prayer day which will be observed next Thursday. This resolution is very self-explanatory. Two things I would like to point out is that the auth, that the authors of our Constitution knew the importance of prayer to do what they had to do to make the decisions they had to make. And we would like to join with them and our Governor and the many thousands of our citizens across this state who will be in prayer for our state and for the business of this General Assembly next week as we come back to do the business of the state. I would just like to offer this resolution to you and I commend this let, this resolution for concurrence with members of the House. Thank you Mr. President. [SPEAKER CHANGES] Thank you Senator. Is there any further discussion or debate? Hearing none the question before the Senate is the adoption of House joint resolution 599 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. 35 having voted in the affirmative and zero in the negative. House joint resolution 599 passes its second reading. Without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Any discussion or debate? Hearing none the question before the body is the adoption of House Joint Resolution 599 on its third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. House joint resolution 599 is adopted and it will be enrolled. On the motion of Senator Daniel of Burke County the chair is happy to

extend courtesies of the gallery to Jacob Crawford and his parents. Jacob was the winner of a national sandwich contest that resulted in a $25,000 college fund, a trip to New York City, an appearance on Fox and Friends and lunch with the Governor, which he prepared with the help of executive chef. Jacob is ten years old. Jacob are you still with us in the gallery? If you are, please rise and be recognized. Congratulations. Now, time to thank our pages for the week. Pages, we thank you for your service to the Senate. We hope it's been a fruitful week for you. It was certainly an exciting one here, so hope you'll come back and see us. Thank you for your service. Do we have any notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] What little's left of our caucus will caucus immediately after session. [SPEAKER CHANGES] Any other notices or announcements? Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] For point of personal privilege. [SPEAKER CHANGES] Senator Daniel has the floor for point of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President. The Senate governor just recognized my constituent Jacob Crawford for a sandwich that he prepared and won a Jiffy competition. Frankly, I learned about this probably a couple months ago that Jacob was involved in this competition, and when my LA mentioned it to me, I kinda thought, well, you know, so what, it's not really a big deal, what's a Jiffy competition? So, apparently, this competition, it was sponsored by the Jiffy corporation, and you had to use peanut butter in your recipe, and Jacob came up with this creative idea and eventually kept getting farther and farther along in the process until the point when he was deemed the winner, and so we set up a session today with the Governor where he had this prepared, and here's one of them right here on my desk. He served, in the Governor's mansion today, his sandwich, and I just wanted to tell you what the sandwich is called and what some of the ingredients are and you can see how creative Jacob was. So, this sandwich is called a Magnificent Mole Chicken Torta. Ingredients are rotisserie chicken, Monterrey jack cheese, a roll, avocado slices, lettuce, tomato, sour cream, minced onion, minced garlic, two tablespoons of Jiffy chocolate flavored hazelnut spread, condensed tomato soup, half a lime, chopped green chili peppers, ground cumin, and dried cilantro, so I think Jacob should be commended not only for his sandwich- this is a $25,000 sandwich. He just paid his way through college, so congratulations, Jacob. [SPEAKER CHANGES] Thank you, Jacob. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Jacob, you're coming over to my house to cook dinner tonight. Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] You have the floor, sir. [SPEAKER CHANGES] I'm just glad that Senator Daniel finally got through what was in the sandwich, because Senator Hise was starting to foam at the mouth. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I move the Senate do now adjourn subject to the receipt of committee reports, the re-referral of bills and resolutions, the receipt of messages from the House and the Governor to reconvene Monday, April 29th, 2013 at 7PM. [SPEAKER CHANGES] The motion is the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Monday, April 29th at 7PM, seconded by Senator Gunn. All in favor, say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. The Senate stands adjourned.