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Senate | July 3, 2013 | Chamber | General Discussion of bills

Full MP3 Audio File

Senate will come to order. 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. Before we get started today, let me remind all our guests in the gallery that the senators that are before you on the floor today are your voice here on all matters, and so they are the only ones we will be hearing from today. So please, in the gallery, please stay silent and let your senators speak on your behalf. Leading the senate in prayer today is Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let us bow our heads and pray. Oh mighty God, we thank you for fresh mercy that falls down every morning. Through light heralds the beginning of a new day. In thanksgiving for your faithfulness and constancy, we bring these prayers before you today, Lord. We pray for clearheadedness today. We pray for endurance. We pray that these senators might keep in mind those that they serve. Keep all leaders here, especially those to my left and to my right, from the deception of self-righteousness, and guide them in the ways of humility. Alert us to the peace that we can impart on others, which comes from your storehouse of blessing. Show each of us how to walk this day in love, as Christ loved us and gave Himself up for us, a perfect offering. May the Lord bless us, keep away evil, and lead us to eternal life. Amen. [SPEAKER CHANGES] Senator Berg is recognized for a motion. [SPEAKER CHANGES] Thank you, Mr. President. The journal of Tuesday, July 2nd, 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 July 2nd stands approved as written. Senators, we have leaves of absence today granted for Senators Walters, Don Davis, Senator Jenkinson and Robinson, Rabin, McLauren, and Beringer. Senators we do have a nurse of the day: Catherine Pereira from Apex, North Carolina. Nurse Pereira, please stand to be recognized. Thank you for your service to the senate today. Senators, we're going to move right into the calendar for the day, starting with local bills. Third reading, Roll Call Bill, House Bill 529, clerical read. [SPEAKER CHANGES] HB 5 [*audio cuts out from3:39 to 4:26*] [SPEAKER CHANGES] Senator Tillman, for what purpose do you [SPEAKER CHANGES] I would like to change my vote; I wasn't paying attention, sir. It's a "no" on that last one. [SPEAKER CHANGES] Senator Tillman "no," final count. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] 33 to 10. [SPEAKER CHANGES] Mr. President. I got confused on the number; I want my vote to be "no." [SPEAKER CHANGES] Senator Newton changes his vote to "no." 32 to 11. Second reading, local bills, HB 468, clerical reading. [SPEAKER CHANGES] HB 468: High point elec- [end of clip]

My name is Brian of Charter Ammendments. We are having a discussion or debate? ?? Senator Heights you can send forth your amendment. (speaker changes) Senator heights moves to amend the bill. (speaker changes) Senator Heights is recognized to explain the amendment (speaker changes) Thank you members ? In amending the town charter jerry cohen astutely discovered that they had made gender neutral some statues that have been repealed more than two decades ago. so rather than bring them back into the process here we're just simply just adding an amendment to remove (speaker changes) Free for discussion or debate..... hearing none. Question for the senate as the passage of ammendment one all in favor vote I opposed the vote no 5 seconds will be allowed for voting for the court to record the vote. Daniel Daniel I 43 having voted in affirmative 0 in the negative ammendment 1 is adopted. the bill as ammended is back before the body is there any question or debate? Hearing none. Questing for the senate is a passage in senate commity subsitute the house bill 468 as amended on its second reading all in favor say I (I) opposed no the I's have it. senate committee subsitue the HB 468 passes it's 2nd reading. Senators we are going to back up we have to revote that we have to vote that one electronically because of the amendment. so the question for the senate is a passage in senate commity subsitute the HB 468 as amended on its second reading all in favor say I (I) opposed no 5 seconds will be allowed for voting for the court to record the vote. Stein stein I clark I 43 having vote in the affirmative in the 0 in the negative senate to subsitute the house bill 468 as ammended has passed it's second reading without objection and will be read a 3rd time. (speaker changes) North Carolina general ?? (speaker changes) any question or debate? hearing none. Questing for the senate is a passage in senate commity subsitute the HB 468 as amended on its third reading all in favor say I (I) opposed no they I's have it the senate my subsitute the HB 468 as amended passes it's 3rd reading the amendment will be engrossed and sent to the house for concurance in the senate committee substitute. Moving on to public bills 3rd reading roll call bill HB 816 corporal reef (speaker changes) HB 816 tobacco growers assesment act (speaker changes) any questions or debate? hearing none Questing for the senate is a passage in senate commity subsitute the HB 816 on its third reading all in favor vote I all opposed vote no 5 seconds will be allowed for voting for the court to record the vote 43 having vote in the affirmative in the 0 in the negative senate to subsitute the house bill 816 passes it's 3rd reading it will be sent to the house for concurrance.

[Speaker Changes]--of that, which means you're going to have to cut services to somebody, and it's going to be those same people that's hurt by the tax break. I urge you to reject this and hopefully, on the 4th time, we'll get something in here that's called tax reform, which actually does fix our tax system, but doesn't do it on the backs of the middle class and Oregon families in this state. So for the discussion of debate, hearing none, the question for the Senate is the the passage of Senate Committee Substitute Number 2, as amended, the HB of 998, on its third reading: all in favor, vote aye; oppose of, vote no; Clerk will record the vote. Twenty-nine having voted in the affirmative and 14 in the negative, Senate Committee Substitute Number 2, HB 998 has amended, passes its 3rd reading, the memo will be engrossed, sent to the House for concurrence, and the Senate Committee Substitute. Moving on to third reading non roll call, Public bills. Senators, we have excused absences for Richo and Hartzo for the remainder of the day. Third reading-non roll call, public bills, HB 94--the Clerk will read. [Speaker Changes] HB 94, Amend in Environmental Laws, 2013. We have a discussionary debate. [Speaker Changes] Mr. President- Senator Bryant, for the purpose you ask? [Speaker Changes] To debate the Bill. Senator Bryant has the floor to debate the Bill. [Speaker Changes] On yesterday, I objected to third reading to look at the amendment regarding the request of the Commission for Public Health to make rules regarding smoking in restaurants and bars, and while I think while we're putting in a time clock because one employee is late, and we can really probably deal with that one situation we know about- I am supporting the bill. I do regret that we're fast-tracking those rules, and also regret that we're opening up a situation that has been working well for our restaurants, bar owners, tobacco growers, and health advocates since we enacted this ban. So, I'm concerned about that. But ,thank you for the time to look at the details of the statutes that were put in, thank you. Thank you, Sandra. Is there any further discussion or debate? -Senator Nesbitt, for the purposes you ask? [Speaker Changes] Thank you, Mr. President; to speak on the Bill. Senator Nesbitt has the floor to speak to the Bill. [Speaker Changes] Thank you, Mr. President. Members of the Senate, this is an interesting bill. The ?? issue is something that is new all to us and we've been going through it and number of us are concerned about the environment, and the fact that we may be getting cart before the horse. You can remember, when were started on this, we were going to to do a study, and come back and kind of do it. And we decided well, we didn't really need to do all that-we just do it and everything will fall into place. And we created the Mining Commission to put together the rules about how we would proceed. To be honest with you, it scared me to death. I didn't have a lot of faith in the Mining Commission, and what I read in the paper about appointments, I've had even less faith in it. But, it was the group that was going to do something, and they were meeting in public, and they were taking input and moving forward; and now I found out that they are about our only hope. What we've done here is basically take the transparency out of Fracky. We're going to allow people to put into our ground-chemicals, which we don't disclose enough information about for people to be on the watch for. And this was your-

Trying to clear the act from now on, and you won’t get it done. That’s what happened in other places where we’ve done wrong. So I urge you to vote against this bill and to allow the Mining Commission to proceed with its public comment and its input and come up with the proper rules on this. [Speaker changes]. Any further discussion or debate. Senator Bryant for what purpose you rise? [Speaker changes]. Speak a second time. [Speaker changes]. Senator Bryant has the floor to speak a second time. [Speaker changes]. I think I misspoke when I said I was supporting the bill. I am letting go of my objection to that amendment which was adding into the bill the issue about smoking bans in restaurants. I just want to clarify. Thank you. [Speaker changes]. Any further discussion or debate? Hearing none. Question for the Senate is to pass the Senate Committee substitute to HB 94 as amended on its third reading. All in favor vote aye, oppose vote no. 5 seconds be allowed for the voting. Clerk will record the vote. 30 having voted in the affirmative and 11 in the negative, Senate Committee’s substitute to HB 94 as amended passes its third reading. The amendment will be ?? to be sent to the House with concurrence in the Senate Committee substitute. HB 168, Clerk will read. [Speaker changes]. HB 168, Provisions of Attorney’s fees and Workers Compensation. [Speaker changes]. Senator Goolsby is recognized. [Speaker changes]. Thank you, Mr. President. I have a series of floor motions. The first is having voted with the majority in the second reading of House Bill 168, I move that the Senate now reconsiders the vote to pass House Bill 168 on its second reading. [Speaker changes]. Without objection. So ordered. [Speaker changes]. Thank you, Mr. President. Having voted with the majority on amendment one to HB 168, I now move that the Senate reconsiders the vote to adopt amendment one to HB 168. [Speaker changes]. Without objection. So ordered. [Speaker changes]. Mr. President. I would like to withdraw amended one to House Bill 168. [Speaker changes]. So ordered. [Speaker changes]. Mr. President, I would like to send up an amendment to House Bill 168. [Speaker changes]. Senator reconsent for the amendment. The Clerk will read. [Speaker changes]. Senator Goolsby moves to amend the bill. [Speaker changes]. Senator Goolsby is recognized to explain the amendment. [Speaker changes]. Thank you, Mr. President. Apparently there’s technological glitch when I handed the bill up yesterday it appears that the IPC Code was scanned and it scans a different amendment than the one I handed up and that we voted on. All those amendments does is it makes the Act effective date. It deals with the laws that were filed before Superior Court cases. All of those that were filed prior to the effective date will nto be affected by this amendment and by the bill itself and I would simply appreciate your support. That’s what we thought we were voting on yesterday. [Speaker changes]. Any further discussion or debate? Hearing none. The question for the Senate is it passes amendment 2. All in favor vote aye, oppose, vote no; 5 seconds will be allowed for the voting and Clerk will record the vote. Kinnaird, Kinnaird, aye. 41 having voted in the affirmative and zero negative, amendment 2 is adopted. The bill as amended is back before the body. Is there any further discussion or debate? Hearing now. Question for the Senate is if passes the Committee substitute to HB 168 as amended on its second reading. All in favor, will vote aye, oppose will vote no; 5 seconds be allowed for the voting and Clerk will record the vote. 41 having voted in the affirmative and zero in the negative, committee’s substitute to HB 168 as amendment passes the second reading without objection. Clerk will read the third time. [Speaker changes]. North Carolina General Assembly Acts. [Speaker changes]. Any discussion or debate? Question for the Senate is it passes the committee substitute to HB 168 as amended on its third reading. All in favor --- all in favor will say aye, oppose no. The ayes have it. The Committee substitute to HB 168 as amended passes its third reading. It will be sent to the …

House for Concurrence in the Senate Amendment. HB 296, the clerk will read. [Speaker Changes] HB 296-Omnibus Wildlife Resources Commission Act. So here to discuss your debate, hearing none, question for the senate is the passage of the senate committee substitute the HB 296, as amended, on this third reading, all in favor vote aye; oppose it, vote no. Five seconds be allowed, Clerk will record the vote. Thirty-eight having voted in the affirmative, and three in the negative- Senate Committee to substitute the HB 296, as amended, passes its third reading. The amendment will be engrossed, will be sent to the House for concurrence in the Senate Committee substitute. HB 695, Clerk'll read. Speaker Changes] HB 695- Family, Faith, and Freedom Protection Act. So here to discuss your debate, Silverstein, for the purpose of your eyes, to debate the bill, Silverstein has afforded- debate the bill. [Speaker Changes] Thank you. Members of the Senate, last night, there were about twenty people in the gallery because you tried to sneak this bill through without letting the people know. Well, look around you. This is the result of people talking from 8 p.m. to midnight last night. Wait until they read the paper this morning, or read the paper over the weekend. The lesson is pretty clear- when you infringe upon people's fundamental, constitutional rights, you spark them to action. The purpose of this bill is to make it harder, more onerous for healthcare professionals to bar women access to a constitutionally-protected medical procedure. It does it in a number of ways: it limits a woman's ability to pay for the services by denying them access to insurance. This is so, even though the Affordable Care Act require that there be no taxpayer money go to pay for an abortion. Yet, you all say that no one can get health insurance through the exchange that has abortion coverage. The Bill also interferes with local government's decisions about what health care benefits to provide their people. This is but one more example of you here, in Raleigh, telling local communities that you know better than them what their people merit. No one believes that abortion should be performed for sex selection. But this bill authorizes a disgruntled spouse, a guardian to bring a civil action against the provider making such an allegation, introducing a threat of litigation, and massive fines. The bill imposes burdens on care, dictating to the doctor how to do his or her job. It requires that the physician prescribing the drug to a person sit with that person while it's being administered. A medical abortion-one which is carried out using medication is five times safer than Viagra. If you really care about-you are essentially tripling the requirements on them for absolutely no medical purpose. Of the 36 clinics in North Carolina; only one, which is in Asheville meets this standard. So you're saying that any woman chooses to exercise her rights, she has to drive to Asheville, no matter if they live in Wilmington, or Charlotte, or Raleigh. These standards include things about ventilation systems, in-surgical syncs, type of linoleum and the type of paint--things that have absolutely nothing to do with what happens in a clinic.

ovum retrieval. Draining neck and intra and oral abscesses. Changing tracheotomy tubes. Minor ear surgeries. Reduction of nasal fractures. Procedure after procedure ??? Clinics providing woman healthcare options. Your efforts will not however change what decision a woman makes when facing that most intense, most personal, and most difficult decision as to what to do with their pregnancy. And the sad irony is that the result of your bill will cause more unwanted pregnancies to occur. Because the bulk of what these clinics do is provide reproductive healthcare counseling, family planning, and reproductive healthcare. So by shutting them down you're denying woman access to the birth control that keeps them from having unwanted pregnancies. Furthermore, you shut them down...woman are still going to want to have abortions. We as a state and a nation have been there. In the 60's and 70's. We know what the consequences are. Please let us not go back to those days. The irony that you all attach these anti-abortion provisions on the anti-shariah law is really astounding. [SPEAKER CHANGES] Excuse me Senator. This will be the last warning for the gallery. Your voices will be silent. [SPEAKER CHANGES] In recognition that the United States Constitution and the constitution of North Carolina constitute the supreme law of this state. The general assembly hereby declares that it be the public policy of this state to protect its citizens from the application of foreign law that would result in a violation of a fundamental constitutional right of a natural person. That's what this bill says. It's about some foreign law, anti-shariah law. There's not a single instance ???? [SPEAKER CHANGES] Vote against this legislation. [SPEAKER CHANGES] Senator Mckezic has the floor, speak to the bill. [SPEAKER CHANGES] I find this bill deeply deeply disturbing. We are rolling back the hands of time on the rights of woman in North Carolina. Rather than being pro-active in protecting their rights, their liberties, and their constitutionally protected zone of privacy. Instead we're invading it. Since Roe V Wade Supreme court decision allowing abortions it was based upon the right of privacy but yet today we're further intruding on that zone. Last year you passed bills saying that woman would have to listen to a fetal heartbeat. They'd have to go back home and they'd have to think and reflect before they're making the most personal decisions of their lives. Now we're saying we've got to have doctors interrogate them as the reason their seeking abortions to see if it was based upon the gender of the child they may be carrying. These are uniquely and intensely and immensely personally decisions. We should not be invading on that constitutionally protected zone of privacy. And we're literally putting a padlock on the door of every abortion clinic here in North Carolina through these stringent new standards that are contained in this bill. Within their lives ??? [SPEAKER CHANGES] ???

Questions? [Speaker changes] None at this time. [Speaker changes] Senator McKissick will have the floor. [Speaker changes] They cannot offer coverage for abortion. We are doing the wrong thing in terms of protecting the rights of women in North Carolina. They are immensely personal decisions pertaining to children they may be carrying regardless of what you think personally. These are constitutionally protected rights that were upheld by the United States Supreme Court. [no audio] … be sent forth as an amendment. [Speaker changes] Senator Mckissick if you can send forth your amendment the Clerk will read. [Speaker changes] Senator McKissick moves to amend the bill. [no audio until 2:17] [Speaker changes] About the insurance coverage which they seek to protect them and their interest and their health, often their welfare. They should have the privilege to do so without interference by this chamber. So I ask your support on amendment 1. [Speaker changes] Any further discussion or debate? Senator Daniel for what purpose you rise? [Speaker changes] To debate the amendment. [Speaker changes] Senator Daniel has the floor to debate the amendment. [no audio until 3:41] [Speaker changes] Is? [Speaker changes] 12 to 29, Senator Randleman. [Speaker changes] Senator McKissick.. [Speaker changes] ?? is recognized. [Speaker changes] I would like to send forth a second amendment. It could be with the Clerk and available on your dashboard. [Speaker changes] The Clerk will read. [Speaker changes] Senator McKissick moves to amend the bill. [Speaker changes] Senator McKissick is recognized to explain the amendment. [Speaker changes] Pretty straight forward amendment. Even if a hospital chooses not to offer abortions as part of what they do in terms of what their doctors’ privileges might be, what it would simply say is if you went to an abortion clinic, some of the facilities that did. But for some reason, there is an emergency condition that occurred relating to you health as a result of that procedure, that hospital that normally would not require or allow abortions to be conducted there would be required by emergency care if that person showed up at their door needing help. We shouldn’t turn our backs on people in these situations. We don’t know who may be coming forth. We don’t know what the circumstances might be but we want to make sure that…

…the hospital doors are open to provide the thoughtful care that is needed in times of assistance for those who might have undergone a procedure elsewhere. So I ask for your support. [Speaker Change] Is there any discussion or debate? Senator Tarte for what purpose do you arise? [Speaker Change] To discuss the amendment. [Speaker Change] Senator Tarte has the floor to discuss the amendment. [Speaker Change] Just to know, my wife is a physician, I’ve worked in hospitals… [Speaker Change] …on the table. [Speaker Change] Mr. President? [Speaker Change] Senator Mckissik for what purpose do you arise? [Speaker Change] Just a concluding remark in connection with this bill. [Speaker Change] Senator McKissick, you have the floor to speak a second time. [Speaker Change] My colleagues in this chamber, as you can see today, our galleries are … [Speaker Change] Sorry to announce, please remove the disturbances from the gallery. Anybody that is making disturbances in the gallery please have them removed at this time. [Speaker Change] And I would ask all of you in the gallery that while we appreciate you being here we should … [Speaker Change] …Mr. Chairman? [Speaker Change] Senator Graham for what purpose do you arise. [Speaker Change] To speak on the bill. [Speaker Change] Senator Graham has the floor to speak to the bill. [Speaker Change] The President is right that we have to respect the chamber and that the [??] members…

Health care, and so let me tell you what we're getting ready to do. And call some of your ladies from your book clubs and see what they think about it- They have a perspective from their generation on women's health care. We're gonna have to call Courtney and Nicole and say hey, let me you tell what we're getting ready to do that's gonna impact you directly or indirectly. It's about women's health. Whenever college students across Winston and Fayetteville and Chapel hill and UNCC. They're in the know. What do you guys think about what we're getting ready to do. Didn't I have the opportunity to do that because of a ??? in the evening. We have rules and we have process. And we clearly know what the numbers are in this Chamber. You guys can do anything you want to do when you want to do it, how you want to do it. And as I said last night, just because you can don't mean that you should. The citizens of North Carolina have not had an opportunity to speak on this bill. The forty-five minute committee meeting last night ? one. I would have loved to hear the perspective of woman groups and organizations across the state on this particular piece of legislation. I would have loved for them to come to my office and help me understand why this is a good idea from someones perspective, or why this is terrible legislation. Let's not afford it that opportunity. Let's not afford it the opportunity to talk to the folks in the city of Charlotte and ? county. And how they will be impacted on this based on their providing insurance coverage. Did not have the opportunity to do that, because the citizens were not afforded the opportunity to be heard. So they were silenced today, and they were silenced last night. Because no one knew what was coming. Transparency is important on major legislation. Because we don't respect our own rules. We changed them to fit our purpose. We introduced a major piece of legislation during a holiday week when even members on both sides are absent. The house is not even in session this week. And we roll it out in the middle of the evening. -family, faith, and freedom.

Oxpaint and dry wall and carpet to being compliant. They told me Monday that I lost my unemployment ??? I'm a teacher and I've got to buy some of my own supplies. Ladies and Gentlemen we have to respect our own rules. We have to respect our women throughout the state and whether or not people agree or disagree with you, they deserve a right to be heard. [SPEAKER CHANGES] Senator Heights will you ??? your eyes? [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] Senator Heights, has floor speak to the bill. [SPEAKER CHANGES] Mr. President, members of the senate ,I should have spoken yesterday. [SPEAKER CHANGES] Mr. President [SPEAKER CHANGES] Senator ??? ??? your eyes? [SPEAKER CHANGES] Speak to the bill. [SPEAKER CHANGES] Senator Randall has the floor to speak to the bill. [SPEAKER CHANGES] Thank you Mr. President. [SPEAKER CHANGES] In affrming that discrimination based on sex is not tolerated in our state. I have been blessed with two boys and two grandsons. I have i'm saddened by the reality of baby girls being aborted simply because they are girls. Thank you Mr. President. [SPEAKER CHANGES] Senator Kinnaird ??? your eyes. [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] First of all I want to say that I hope that everybody in the gallery will remain absolutely silent because your silent presence is very powerful and we do expect you to respect the rules. I was so angry last night that couldn't speak but I cannot remain silent on this latest attack on women. When our family came to North Carolina on nineteen sixty four from Alabama.

And before that Texas. We were pleased to come to a state that was a beacon of enlightenment. How sad to see our fall from a leader in the South to one of egregious denier of rights. This bill claims to make women safe, but we know that is not what the bill is all about. Forty years of safe abortion procedures in North Carolina and one clinic. Forty years, one clinic. The rest closed down. In other words, we do have the oversight in making sure that women are safe. And we're not Philadelphia, we have oversight. And I just want to contrast our safety record with the thousands of medical errors that occur every year in other areas of medical care, about a hundred thousand a year. What we have now is something that has been declared safe. One in one hundred thousand procedures have an occurrence. Where as Viagra, five in one hundred thousand, this from the Association of Reproductive Health Professionals. But, what we've also got, is we're losing by closing these clinics for no reason at all. Those based in medical science. We're losing for these patients cancer screening, health checkups, family planning for income women without insurance. When we put this in a bill with Sharia. A person has watched a video on the consequences and health risks of taking a drug or chemical. And the patient the man certifies in writing before the administration of the drug or chemical that the events described have occurred. I urge your support. [SPEAKER CHANGES]

And I have to say like ?? my colleagues. [Speaker changes] Mr. President. [Speaker changes] Senator Barefoot for what purpose did you rise? [Speaker changes] Senator Parmon would you lead to a question? [Speaker changes] I will. [Speaker changes] Do you realize that that was the second time that clinic had been shut down? [Speaker changes] I heard you say that sir. And I understand that in any profession, any clinic and hospitals we can drop issues so that particular clinic had problems doesn’t mean that the other clinics in North Carolina has the same problems. My point is that we do have regulations in the state to catch those kind of clinics that’s making those kinds of mistakes. I just would like to say my colleagues, they have done an excellent job debating this bill and saying why it’s was such an atrocious shameful bill and I just want to make it clear that this bill is not about health care safety for women. But this bill is about dictating to women about their personal medical decisions that should be left to a woman and her doctor. Last night, I said that this bill is going to cause more back-alley abortions and that’s what is gonna happen whether you want to admit it or not. Because if we don’t have in pla--- [audio off until 2:03] …his wife so I’m sending forth this amendment to say that before Viagra can be prescribed for anyone, they have to be board certified has been able to take Viagra to actually support the amendment. [Speaker changes] Senator Apodaca for what purpose your rise? [Speaker changes] Mr. President, move that the amendment for be laid upon the table. [Speaker changes] Senator ?? for what purpose you rise? [Speaker changes] I second the motion. [Speaker changes] Motion is seconded the amendment for be laid upon the table. We’ll have electronic vote. All in favor vote aye, oppose vote no, 5 seconds be allowed for the voting, Clerk will record the vote. [audio off until 3:21] [Speaker changes] It has been referred to as health care. This is a procedure run on—[audio off until 5:00]

[SPEAKER CHANGE] ...not there Senator, but when you restrict my right to have a choice to go to a medical facility or doctor then you are indeed restricting my right. Or any other woman’s right to make a choice. [SPEAKER CHANGE] Follow up. [SPEAKER CHANGE] Senator Parham, do you yield for a follow up question? [SPEAKER CHANGE] Yes. [SPEAKER CHANGE] Senator Parham, how is this bill restricting... [SPEAKER CHANGE] ...be able to have insurance to do this. You are aware of course that the Federal government only allows it, as in this bill, for incest, rape and for the possibility of death of the mother. And that is what is practised in 32 other states. So do you consider it a right that it’s a requirement for other people to pay for an abortion? [SPEAKER CHANGE] Senator, I did not make a statement about insurance but I also understand in this bill there will be limitation on the ability to acquire insurance for an abortion procedure. [SPEAKER CHANGE] Follow up. [SPEAKER CHANGE] Senator Parham, do you yield? [SPEAKER CHANGE] Yes. [SPEAKER CHANGE] Senator, I’ll ask again. Do you think other than the things I mentioned, rape, incest and the life of the mother, that you think that it should be a requirement for someone else to pay for a woman’s abortion? [SPEAKER CHANGE] First of all Senator it’s my opinion for what a woman decides....to do is shouldn’t count in this. I don’t think we should deny access to a woman making a decision that should belong to her and her doctor period. In my opinion about another woman’s body should not count. [SPEAKER CHANGE] Mr President, I’d like to speak on the bill. [SPEAKER CHANGE] Senator Wade has the floor to speak to the bill. [SPEAKER CHANGE] Certainly there are choices to be made and there’s nothing in this bill that would affect any woman’s right to make a choice with their doctor on what they decide on abortion. The only thing I see in this bill is that it would limit anyone else from having to be required to pay for an abortion that wasn’t due to incest, rape or the life of the mother. The other thing I would like to mention we all could have a choice if we want to help contribute to a fund called Carolina Abortion Fund. It’s a non profit that helps low income families that might be facing abortion. It’s a choice that each one of us could make if we want to donate money to that cause but as for a requirement to pay for someone else’s abortion I would support this bill that limits my right as a woman in making it only if you’re using taxpayers’ money for incest, rape or the life of the mother. And I see nothing in this bill that limits my right as a woman to make a choice with my doctor and make my own personal choice. Thank you. [SPEAKER CHANGE] Senator Daniel, for what purpose do you rise? [SPEAKER CHANGE] Speak on the bill. [SPEAKER CHANGE] Senator Daniel has the floor to speak to the bill. [SPEAKER CHANGE] Thank you Mr. President and colleagues. I think there’s a...

Tenth, 2013, Heard by the committee on May the first. Um, passed May the seventh in the House, came to the Senate on May the eighth where it has been since May the eighth. SB 308, um, filed on 3/13, um, been here ever since and was some of those provisions were included in this bill. We talked a little about, I talked a little bit, yesterday about the uh, the guy’s nail clinic, um, and came across the Grand Jury report from that case, and of course we all know how horrific it was even though the press didn’t want to talk about it. One of the most bizarre things, and this is coming from the Grand Jury report, on page 248, and just so you’ll know some of the background of why the recommendations were [silence]. So among that background, among other things, this doctor was using a minor, working her 50 hours a week, she was administering drugs [silence]. [approximately 1 minutes and 30 seconds is silence.] Vermin, insects, rodents, and litter. The regulations devote three pages to anesthesia protocols. Valnoise [sp?] facility fell far below the basic minimum standards of care that any patient having a surgical procedure should expect to receive. There is no justification for denying abortion patients the protections available to every other patient of an ambulatory surgical facility and no reason to exempt abortion clinics from meeting these standards. So that’s the recommendation of the Grand Jury in Pennsylvania who was dealing the Valnoise [sp?] clinic and [silence for approximately 30 seconds].

(Silence until 0:34) Quite a long list of proposed regulations but here’s an interesting one that were actually not doing in this bill, perhaps if I had known about this earlier it would have been a good idea. In addition we recommend the following amendments to Pennsylvania's abortion regulations: We would require that all abortions past 18 weeks be performed or supervised by a board certified OBGYN. (Silence from 1:00-1:10) You know were not here today taking the rights of women, what were taking away is the rights of an industry to have substandard conditions. If you go to the CDC website they actually have a weekly report that comes out (pause) and the name of the report is the Morbidity and Fatality Weekly Report. And if you go (audio skips) far enough back in the tables of those reports you’ll see that the CDC actually tracks … (Silence from 1:44 – 2:52) Let Rick Perry get ahead of you with his follow up actions and you couldn’t let John Kasich and his Ohio bill get ahead of you. A signature from the second row said to a TV station last night that the back row simply wasn’t paying attention on this bill. On the contrary we have been paying attention. We know where those bills were, senator Daniels just read a list of them. They've been sitting in insurance and rules and various committees for 4, 5, 6 weeks. (Silence from 3:23 – 3:33) Our frustration last night and today comes not from our ignorance about these bills but from the end run you all are perpetuating on this chain (Silence from 3:46 – 4:18) … they don’t have enough parking spaces or their awning doesn't meet a certain standard. This bill p- (Silence from 4:24 5:00)

I yield [SPEAKER CHANGES] Okay Mr. Pres. yesterday during the debate on HB 695, the family faith and freedom ?? apartment to be suitable facilities to perform, for the performance of abortions are similar to those for the licensor of ambulatory surgical centers. ?? When asked about the rationale for this change the bill supporters responded that it was all about [SPEAKER CHANGES] Mr. Pres. is their question here? [SPEAKER CHANGES]Sen. Clark do you have a question? [SPEAKER CHANGES] I’m almost to it. [SPEAKER CHANGES] A statement? You can have time to speak to the bill if you’d like but if you have a question you can go ahead and ask Sen??. [SPEAKER CHANGES] So again?? When asked about the rationale for this change the bill supporters responded that it is all about ensuring the safety of the women who would undergo abortion procedures. It was not clear to me in the bill when these ?? [SPEAKER CHANGES] able to put a hard and fast date on when the rules will be established. I probably don’t have a problem doing that. [SPEAKER CHANGES] Sen. Clark you can ask your question. [SPEAKER CHANGES] What indicates ?? [SPEAKER CHANGES] The comments made by Sen. Barefoot speak to your question on the problems we’ve seen repeatedly ??

Every ?? can be performed in a manner that protects the lives and assures the physical safety of all individuals in their area. It does not provide any explicit guidelines in terms of what that means for abortion clinics. So if we say that in the state of North Carolina our abortion clinics are going to have to apply rules similar to those required by what was it pennsylvania. But we haven't heard about any problems in the state of north carolina. So if we're saying that this is about health, or the health of the woman. I'd like to see where the problems are that we're trying to solve, because I haven't heard any yet. Now I've heard a lot of talk about values. Now I have values too, I have my own opinion about abortions. But I don't try to impose my own personal opinions about abortions on anybody. It's not about safety, we've heard nothing stated here today indicating there is a safety issue with abortion clinics in the state of north carolina, when those clinics operate in accordance with the rules currently set forth by the state of North Carolina [NEW SPEAKER] Senator ?? for purpose ?? [NEW SPEAKER] To Debate the Bill [NEW SPEAKER] Senator ?? has the floor to debate the bill [NEW SPEAKER] Mainly as a point of information for everybody in this lobby and those in the gallery today, as we talk about standards and criteria for establishing ambulatory care centers there's ??

Organizations federally embodied called the joint commission on the accreditation of health care organizations. They are well defined criteria and standards that outline the operations of every health care into the United States that most apply. Those are the same credentials that the DHHS will follow in any of these organizations. And they were absolutely put in place to ensure the safety of all the patients. Thank you. [Speaker changes] Mr. President. Senator ?? [Speaker changes] Ask Senator Clark questions. [Speaker changes] Senator Clark, do you yield? Senator Clark: Yes sir, I’ll do. [Speaker changes] Do you represent payable? Senator Clark: Yes sir, I do. [Speaker changes] I’ll follow up. Senator Clark, do you yield for a follow up question? Senator Clark: Yes sir. [Speaker changes] Did you realize that on April 9th 2000, Hallmark Women’s Clinic failed inspection because medications and supplies and emergency medical box were outdated and they were not keeping patients the required 1 hour after the procedure? Senator Clark: I was not aware. [Speaker changes] Follow up. [Speaker changes] Senator, do you yield for a follow up? Senator Clark: Sure do. [Speaker changes] Were you aware that the Hallmark Women’s Clinic payable based on the survey dated 9/6/2011 did not pass the CLIA standards and testing procedures for routine test… [audio went dead until 2:09] Obviously if they were in [compliance] with our regulations they would not be doing bad things to women but the examples that I gave was of Charlotte was that they were not in compliance and they were doing bad things to women and the current rules [audio went dead until 2:42] [Speaker changes] Safer for women and it would seem to me, by making sure that it was safe by allowing them to have transfers to hospitals, this whole bill is about making it safer. And I know that there is one clinic and I just won’t state where it is that they do have privileges of local hospital [audio went dead until 3:15]. In fact on their website they advertise it as one of the reasons you should go there. And it says [audio went dead until 3:32] all of our physicians are local North Carolina licensed, board certified gynecologists and unlike many other clinics, have admission privileges to our local hospitals. Now evidently they think it’s important… [Speaker changes] Senator ?? speak to the bill? [Speaker changes] I’d like to share the results of recent poll taken here in North Carolina in which 76% of the respondents opposed sexualized abortion; 59% of the respondents identified themselves as pro-life and 34% identified themselves as pro-choice. [Audio went dead until 5:00]

Helping us provide places where women can go and get proper healthcare when they decide to exercise their choice. Now,?? of most, and you'll enjoy your stay there, very diverse community and we try to provide for our people but I don't think people from down here ought to have to travel to Ashville to get quality healthcare and to exercise their constitutional right to choice. ?? When we handle a bill as this one was handled, I know these bills were introduced early in ?? the session, and I know they were debated in the House. They've not been debated in the senate and the senators are entitled to have their debate and have their say and have their input in any bills. I'm going to tell you something, if I were as proud of something as you all appear to be about this bill, I'd been parading it all over town, bragging on it and telling everybody what you're doing for women, and do it for a week or two and you'll get some good press. That ain't what you did, you called a meeting last night at seven o'clock when everybody is out of town and you sent out engraved invitations to the values coalition, the Family Policy Council, The Right To Life ?? because everybody was trying to celebrate the 4th of July and they weren't, you thought they weren't looking. Now, I know the Governor said the other day that he wasn't going to talk to anybody.

Just coming down here all Mondays. [audio off until 0:39] And he did not have anything to discuss with. And I know this bill was run through last night without anybody being able to be here representing women. And when I made the comment by the way, you whipped three of the best women that I know , these three democratic women that were fighting for their life over here but you’re about to meet some more. Overnight, you generated this crown and I predict before we all said and done with this that you’re gonna talk to him and the governor’s gonna talk to him. You keep turning your back on half the people of this state. And I’ve said all along I couldn’t figure out what it would take to wake up the people of North Carolina to what’s been going on down here. This week while we all go celebrate the 4th of July, 70,000 people lost their unemployment checks. They’ve been unemployed for a year. And Happy Fourth of July. And I’ve decided and I’ve used this phrase, I was convinced that you’re gonna have to poke them in the eye with a stick to wake them up so that they’ll know what’s going on down here, well you did. And I thanked you for it. [Speaker changes] Senator Apodaca for what purpose you rise? [Speaker changes] Mr. President, speak on the bill please. [Speaker changes] Senator Apodaca has the floor to speak to the bill. [Speaker changes] First off, I’d like to say a shout out to my Republican women. I guess in the eyes of some in this chamber, you don’t exist. But you do exist and we’re glad you’re here. And you’re welcome to come up and ?? too and [audio off until 3:40]. It’s been done here 250 years. We’re gonna celebrate a lot of that this weekend. We’ve had let everybody on this floor to speak today and stop so and if we have continued this for another 2 weeks, I’m gonna make a bet with you right now, the vote’s gonna be exactly the same as this gonna be right now in 2 weeks. So let’s get on with this and enjoy our holiday. [Speaker changes] Any further discussion or debate? [audio off until 4:54] [Speaker changes] I don’t know about the other members but as has been mentioned by…

…Senator Daniel, these bills have been out there for a while, and maybe you don’t read your emails, maybe you don’t get messages from your L.A. about what calls you’ve received, but I’ve received multiple calls over the past several months about all the provisions in the bill, both pro and con. So people have had an opportunity to speak, people have had an opportunity to make known what their views are, and this body, representing all of the people of North Carolina, has had a full and robust discussion about this issue over the past two days. Now let’s talk about some facts, because facts…and I always attribute this to John Adams… [:50-1:15 extended pause in audio] …deals…at least the portion that’s garnered the most debate…deals with safety [1:22-1:42 extended pause in audio] …huge problems. But we have an obligation to protect the health of the [1:49-2:19 extended pause in audio]…bill. I urge you to support it. [SPEAKER CHANGE] Any further discussion or debate? Hearing none. Question before the Senate as it passes the Senate committee substitute to HB 695 on its third reading. All in favor vote “aye” opposed vote “no.” Five seconds will be allowed for the voting, and the clerk will record the vote. Twenty-nine having voted in the affirmative and twelve in the negative. Senate committee substitute to HB [2:51- 3:30 extended pause in audio]. [SPEAKER CHANGE] Senator Barefoot, Senator Clodfelter. [SPEAKER CHANGE] Thank you, Mr. President. [SPEAKER CHANGE] Senator Jackson, [???3:36-3:37] [SPEAKER CHANGE] [???3:38-3:39] point of personal privilege at the appropriate time. [SPEAKER CHANGE] Senator Jackson, you have the floor for your point of personal privilege. [SPEAKER CHANGE] Thank you, Mr. President. As most of you know and I’m sure we’re all aware of, we have the Fourth of July coming up tomorrow, and you know, we celebrate our freedom and our family and our independence. But it is also the most holiday that watermelons are sold. A few years ago our U.S. Congress declared July the national month of the food, being watermelons. In 2011, we done the same here in North Carolina. Each one of you has received a [???4:20], a watermelon and a sprite melon in your offices, including you, Mr. President, and I hope ya’ll enjoy it, and if the quality’s not quite good as you’re accustomed to receiving I apologize for all the rain, but I can’t control that. But thank you all and happy Fourth of July to all of you. [SPEAKER CHANGE] Any further notices or announcements? [SPEAKER CHANGE] Mr. President… [SPEAKER CHANGE] Senator Nesbitt, for the purpose of your “ayes.” [SPEAKER CHANGE] Thank you, Mr. President, the Democrats will caucus at a quarter till twelve. [SPEAKER CHANGE]Thank you, Senator. The gallery will remain silent…

Speaker: Will the sergeant-at-arms please clear the gallery. Senator Apodaca has the floor for an announcement. [Female in gallery] Shame on you! Speaker: Senator Apodaca, you have the floor. Apodaca: Thank you, Mr. President. I just want to let the members [voice in background] – Somebody remove her, now. Speaker: Sergeant at arms, please clear the gallery at this point. All members of the gallery, please exit the gallery. Apodaca: Mr. President, just a quick announcement. [inaudible 0:37] about Monday night not having a session. We are not. We will have session on Tuesday. With that said, I move for adjournment. Speaker: Senator Berger is recognized. Berger: Thank you, Mr. President. I move that the senate do now adjourn , subject to the re-referral of bills and resolutions. We reconvene on Sunday, July 7, 2013, at 7 PM. Speaker: Motion of the senator to now adjourn subject to the situations stated by Senator Berger, to reconvene Sunday, July 7, at 7 PM. Seconded by Senator Daniel. All in favor say aye, opposed no. The ayes have it. The senate is adjourned.