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Senate | June 17, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant at arms will close the doors. Members will go to their seats. Members and guests 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 pray. Lord, what dwells in the shelter of the most high will rest in the shadow of the almighty. I will say of the Lord, He is my refuge and my fortress. My God, in whom I trust. Surely He will save you. He will cover you with His feathers. He will put you under His wings and in Him you will find refuge. His faithfulness shall be your shield and ramparts. So once again, Lord we ask for you to cover us and Lord we especially pray for the family of former Governor Holshouser, who served this great state with dignity and truth. Give us pause, to redirect us and redirect our paths. Because we still have time. Stir these current leaders to service previous, great leaders have. Men and women who have served their people. In Christ’s name we pray, Amen. [SPEAKER CHANGES] Senator Pate is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. The journal of Thursday June 13, 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 Thursday June 13 stands approved as written. Members, leaves of absence are granted for Senators Clodfelter and Meredith. Our nurse of the day today is Kim Christopher. Kim is back in the back of the room, if you would, Kim we appreciate your assistance today. Thank you. [APPLAUSE] Reports of standing committees. [PAUSE] Senator Allran is recognized to send forward a Committee Report. [PAUSE] Clerk will read. [SPEAKER CHANGES] Senator Allran, for Judiciary 2 Committee submits for passage House Bill 26, Committee Substitute Number 1, strengthen law in vehicle theft. Unfavorable as to Committee Substitute Bill number 1, favorable as to Senate Committee Substitute Bill. House Bill 656, Committee Substitute Number 1, forfeiture for speeding to allude revision. Unfavorable as to Committee Substitute Bill number one but favorable as to Committee Substitute bill. House Bill 784. Committee Substitute number 1, worthless check present cash check. Unfavorable to Committee Substitute Bill number 1 but favorable as to Senate Committee Substitute Bill. [PAUSE] [SPEAKER CHANGES] With reference to the bills from the J2 committee calendar [LONG PAUSE] [LAUGHTER] Members, I understand that they’re resetting the mics so that they will work. [LAUGHTER] Ratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolled bills. Enrolling clerk requests the following resolutions duly ratified and properly enrolled and presented to the House of Secretary of State. House Resolution 271, joint resolution providing for the

[??] Donovan Bailey to the utilities commission [Speaker Changes] Senator Apodaca, would you do the senate the courtesy of testing your microphone. [Speaker Changes] Testing. Mr. Chairman, Mr. President [Speaker Changes] Senator Apodaca for what purpose do you rise [Speaker Changes] Motion Please [Speaker Changes] State your motion [Speaker Changes] Mr. President members Senate joint resolution 7 is on the committee on rolls honoring Don East asked to be removed and placed on tomorrow’s calendar [Speaker Changes] So ordered. Members of the senate, upon the resolution of Senator Wan Rabin of the Hornet,, Lee and Johnston county the chair is happy to extend the courtesy to the 14 th air support operation of squadron of pope Army Airfield in Fairfield, North Carolina. Today we have [??] of the 14th new commanding officer Lieutenant Curnol Jonathan King, Major Justin Danies, Cap Readers Salem, First Lieutenant Jordan Kirks, First Lieutenant Michael McKenna and Mrs. Susan McKenna , First Lieutenant Ashley Dancer, technical Sergeant Donald Gansberger. These members of the active duty air force did hours on the battlefield that guards our tactical air strikes to successfully attack critical targets on the ground. We thank them for the service, sacrifice and willingness to carry the torch for those who cannot. If you stand in the gallery to be recognized please. Members we are ready to go to the calendar. House Bill 533, the clerk will read [Speaker Changes] House bill 533, detention of mentally ill in facility [Speaker Changes] Senator Soucek is recognized [Speaker Changes] Than k you Mr. Speaker. This bill deals with the issue when some people involuntarily leave the hospital. Currently Sheriff’s department and the local law enforcement are required to be 24 hours a day to supervise. This gives them the ability to hand this off to the local law enforcement to the hospital police so that they can supervise this something has been asked by the sheriff department and hospital had agreed upon it and I ask for your support. [Speaker Changes] For further discussion or debate on this local bill [Speaker Changes] Hearing on the question for the senate is the passage of the house committee senate committee substitute for house bill 533 on its second reading. All in favor would say “Yeah” all oppose “No”. The ayes have it. And house bill 533 passes the second reading will without objection be read the third time. Is there further discussion or debate. Hearing none. The question before the senate is the passage of house bill 533 in its third reading all in the favor of the house bill 533 in its third reading would Aye oppose No. The Ayes have it and house bill 533 has passed its third reading and will be enrolled. Public bills, third bill, roll call House bill 817, the clerk will read. [Speaker Changes] House bill 817 strategic transportation investments [Speaker Changes] Senator Rabin is recognized [Speaker Changes] Thank you Mr. President and members [Speaker Changes] Just passed the secretary of the other evening overwhelmingly but nothing ahs changes. Hope nothing does and we certainly appreciate continue supporting the bill. [Speaker Changes] Is there further discussion or debate. Hearing none. Question before the senate is the passage of house senate committee substitute for house bill 817 in its third reading. All in favor would vote “Aye” all opposing vote “No”. 43 having voted in the affirmative and 3 in the negative. Senate bill I am sorry house bill 817 passes in its third reading and would be sent to the house to concur in the senate committee substitute [Speaker Changes] Mr. President [Speaker Changes] Senator Apodaca. For what purpose do you raise? [Speaker Changes] Mr. President House Bill 817

Just passed on third reading. Move that it be sent to the House by special messenger. [SPEAKER CHANGES] Without objection. Public bills, second reading. Senate Bill 663. Clerk will read. [SPEAKER CHANGES] Senate Bill 663, Blue Ribbon commission rates reported inmates housing. [SPEAKER CHANGES] Senator Hise is recognized. [SPEAKER CHANGES] Thank you Mr. President, members of the Senate. This bill comes from the interim committee at Blue Ribbon Commission to recommend implementation for the DOJ settlement that the state has entered into. This creates a supportive housing program to transition individuals from the institutional settings to community-based settings, with mental illness. It deals with ??, rental assistance as well as services, so that they can make those transitions. Also creates the community living housing fund, so that we can increase the availability across the state of units that would be to requirements for these individuals. And that being said, Mr. President I move to amend, I have an amendment to send forth. [SPEAKER CHANGES] Send forward your amendment. The clerk will read. Is this on the dashboard? Members, it is on the dashboard. Clerk will read. [SPEAKER CHANGES] Senator Hise moves to amend the bill. [SPEAKER CHANGES] Senator Hise is recognized. [SPEAKER CHANGES] Thank you. This amendment is merely making technical changes to the bill to remove sections that are already placed in state law. This is Jerry Cohen writing, it’s not mine so I apologize for that ?? eliminating those. But this was in a bill already signed into effect by the Governor so we’re removing those and renumbering that appropriately. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage of Amendment 1 to Senate Bill 663. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for voting. The clerk will record the vote. [PAUSE] 46 having voted in the affirmative and Tucker, aye. 47 having voted in the affirmative and none in the negative, Amendment 1 passes and the bill is back before you, on second reading. Is there further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 663 as amended on its second reading. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote. [PAUSE] 47 having voted in the affirmative and none in the negative, Senate Bill 663 as amended passes its second reading and without objection, will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 663 as amended. All in favor will say aye. All opposed, no. The ayes have it and Senate Bill 663 passes its third reading. The amendment will be engrossed and the bill will be sent to the House. House Bill 57, clerk will read. [SPEAKER CHANGES] House Bill 57, child nutrition programs solvency and support. [SPEAKER CHANGES] Senator Tillman is recognized. [SPEAKER CHANGES] Thank you Mr. President, members of the Senate. This bill simply prohibits the LEAs from assessing indirect costs to the local units. They were not solvent. If they do not have at least a month’s operating cash on hand, these have to be absorbed with the central unit and not the schools. That’s all it does. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 57 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. [PAUSE] 47 having voted in the affirmative and none in the negative, the Senate Committee Substitute for House Bill 57 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate. Hearing none, all in favor of the passage of the Senate Committee Substitute for House Bill 57 on its third

[Speaker Changes] Reading will say aye. [Speaker Changes] Aye [Speaker Changes] Opposed no, the ayes have it and house bill 57 passes its third reading, and will be sent to the House to concur in the Senate Committee Substitute. House Bill 1.. [Speaker Changes] Mr. President. [Speaker Changes] Senator Apodaca, for what purpose do you rise? [Speaker Changes] Mr. President House Bill 122, next bill on the calendar, move that it would be removed from today’s calendar and placed on tomorrow’s. [Speaker Changes] Without objection. [Speaker Changes] Mr. President. [Speaker Changes] Senator Apodaca? [Speaker Changes] Yes Sir, House Bill 428 on today’s calendar move that it would be removed from today’s calendar and placed on Wednesdays, North Carolina School Bus Safety Act. [Speaker Changes] Without objection. [Speaker Changes] Mr. President. [Speaker Changes] Senator Robinson, for what purpose do you rise? [Speaker Changes] Change my vote on House Bill 817, to aye instead of no. [Speaker Changes] Senator Robinson, was that to change from aye to no, is that what you said? [Speaker Changes] From No to Aye. [Speaker Changes] From no to aye. The count on House Bill 817 is now 44 to 2, and it will be sent to the House to concur in the Senate Committee Substitute. House Bill 147, the clerk will read. [Speaker Changes] House Bill 147, to amend the adoption laws. [Speaker Changes] Senator Barringer is recognized. [Speaker Changes] Thank you Mr. President. This bill amends the laws for family law regarding adoption. This comes from the North Carolina Bar Association family law council. For the most part it is a group of technical type amendments that eliminate redundancy and help with missing statutory references. It does have some particularly substantive law involved, for example, in a situation where a stepparent has agreed to adopt the child, and there is a death before the adoption is final, it allows for a procedure to make that happen. There are several other procedural clarifications within the bill, I recommend that you support it. [Speaker Changes] Further discussion or debate? Hearing none. The question before the Senate is the passage of House Committee Substitute to House Bill 147 on its second reading, all in favor vote aye, all opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. 47 having voted in the affirmative and none in the negative. Senate Committee Substitute to House bill 147 passes its second reading and will, without objection will be read a third time. [Speaker Changes] North Carolina General Assembly enact. [Speaker Changes] Further discussion or debate? Hearing none. All in favor of the passage of House Bill 147 on its third reading, will say aye. [Speaker Changes] Aye. [Speaker Changes] All opposed, no? The ayes have it. And House Bill 147 passes its third reading and will be sent to the House to concur in the Senate Committee Substitute. House bill 333, the clerk will read. [Speaker Changes] House Bill 333, sex offender residency registration amendments. [Speaker Changes] Senator Allran is recognized. [Speaker Changes] Thank you Mr, President. House bill 333 makes two clarifying changes to the current law pertaining to registration requirements for persons subject to the sex offender registration program. The first clarifying change is that a a person who is released from a penal institution is guilty for failure to register if the person fails to register with the sheriff in the county designated by the person as the place where he or she expects to reside upon relief. The second clarifying change is that the person arrested for failure to register is subject to the jurisdiction of the judicial district that includes the sheriffs office in the county where the person failed to register as required. I know of no opposition to this bill. Thank you. [Speaker Changes] Further discussion or debate? Hearing none. The question before the Senate is the passage of House Bill 333 on its second reading, all in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. 47 having voted in the affirmative and none in the negative. House bill 333 passes its second reading and will, without objection, will be read a third time. [Speaker Changes] North Carolina General Assembly enact. [Speaker Changes] Further discussion or debate? Hearing none. Question before the Senate is the passage of House Bill 333 on its third reading, all in favor will say aye.

[Speaker Change] Aye. Opposed no. The ayes have it and House Bill three thirty three passes its third reading and will be. Will be enrolled and sent to the Governor. House Bill four fifty nine. The clerk will read. [Speaker Change] House Bill four fifty nine. Chronic Care Coordination act. [Speaker Change] Senator Pate is recognized. [Speaker Change] Thank you Mr. President. House Bill four fifty nine requires the divisions of public health and medical assistance in the Department of State Treasury’s Division responsible for the State health plan for teachers and State employees to collaborate to reduce chronic disease and improve the care coordination for such diseases by doing specified functions developing wellness and prevention plans. These diseases are heart disease, hypertension, stroke, cancer, respiratory diseases, diabetes, and obesity in I recommend the Bill to you. [Speaker Change] Further discussion or debate. Hearing none, the question before the Senate is the passage of House Bill four fifty nine 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. Forty seven having voted in the affirmative. None in the negative. House Bill four fifty nine passes its second reading and will without objection, be read a third time. [Speaker Change] North Carolina General Assembly enacts. [Speaker Change] Further discussion or debate. Hearing none the question before the Senate is the passage of House Bill four fifty nine on its third reading. All in favor will say aye. All opposed no. The ayes have it and House Bill four fifty nine has passed its third reading and will be enrolled and sent to the Governor. House Bill five forty three. The clerk will read. [Speaker Change] House Bill five forty three. Guardianship roles of [??] DDAS providers. [Speaker Change] Senator Randleman is recognized. [Speaker Change] Thank you Mr. President. Ladies and gentlemen, the senate version of House Bill five forty three has two parts. The Bill prohibits a corporation from being appointed as a guardian for any individual to whom provides mental health, developmental disabilities, or substance abuse services for compensation as part of a contract or other arrangement with any other entity. It adds to the exception of individuals who contract with or are employed with by entity that contracts with a [??] for the delivery of mental health, developmental disabilities, or substance abuse services who serves as guardians for wards. These being a licensed family foster care provider or a licensed therapeutic foster care provider. The language also allows an individual who is biologically unrelated and who was serving on March One, Two Thousand Thirteen as a guardian without compensation for guardianship services. Lastly, this Bill requires the Joint Legislative Oversight Committee on Health and Human Services to examine the impact of the nineteen fifteen bc Medicaid waiver. The Department of Health and Human Services assisted with the drafting of the language and I know of no opposition and I appreciate your support. [Speaker Change] Further discussion or debate. Hearing none, the question before the Senate is the passage of Senate Committee Substitute to House Bill five forty three on its third reading. I’m sorry, on its second reading. All in favor will vote aye. All opposed no. Five seconds will be allowed for voting. The clerk will record the vote. Forty seven having voted in the affirmative and none in the negative. The Senate Committee Substitute to House Bill five forty three passes its second reading and will without objection be read a third time. [Speaker Change] North Carolina General Assembly enacts. [Speaker Change] Is there further discussion or debate? Hearing none, the question before the Senate is the passage on its third reading of Senate Committee Substitute to House Bill five forty three on its third reading. All in favor will say aye. Opposed no. The ayes have it and the Senate is the passage of Senate Committee Substitute to House Bill five forty three passes its third reading and will be sent to the House to concern in the Senate Committee Substitute. House Bill sex twenty six. The clerk will read. [Speaker Change] House Bill six twenty six. Notify law enforcement of towed vehicles. [Speaker Change] Senator Rabin is recognized. [Speaker Change] Thank you Mr. President. Currently law enforcement is not always when motor vehicles have towed. This simply, and they might not have a clue of where the vehicle is when they’re contacted. This makes mandatory that law enforcement is notified and they know where, they should know where vehicles are when the request comes into them. Thank you. [Speaker Change] Is there

[Speaker Changes] Further discussion or debate? Hearing none. Question before the Senate is the passage on the second reading of the Senate Committee Substitute to House Bill 626. All in favor vote aye, all opposed vote no. Five seconds will be allowed for voting. Clerk will record the vote. Senator Randleman? [Speaker Changes] Yes, if you’ll please record me, Aye please? [Speaker Changes] Aye. 47 having voted in the affirmative and none in the negative. The Senate Committee Substitute to House Bill 626 passes its second reading and will without objection be read a third time. [Speaker Changes] North Carolina General Assembly enacts. [Speaker Changes] Further discussion or debate? Hearing none. Question for the Senate is the passage on third reading of the Senate committee substitute the House Bill 626. All in favor will say aye. [Speaker Changes] Aye. [Speaker Changes] Opposed, no. The ayes have it, and House Bill 626 passes its third reading and will be sent to the House to concur on the issue of concurrence in the Senate Committee Substitute. House Bill 628, the Clerk will read. [Speaker Changes] House Bill 628. Protect locally sourced building material. [Speaker Changes] Senator Tucker is recognized. [Speaker Changes] Thank you Mr. President, I’ll be glad to explain the bill. I do have an amendment, sir. [Speaker Changes] Send forward your amendment. The Clerk will read. [Speaker Changes] Mr. President. [Speaker Changes] Senator Walters, for what purpose do you rise? [Speaker Changes] Send forth rule 29, please. [Speaker Changes] Send forward your note. [Speaker Changes] Senator Tucker moves to amend the bill. [Speaker Changes] Senator Tucker is recognized to explain the amendment. [Speaker Changes] Thank you Mr. President. This amendment here simply clarifies that in the bill the net savings calculation in House Bill 628 cannot be used for existing requirements in other statutes for energy saving contracts. In the original bill we had a 10 year limitation and that gave some, for lack of a better term, heartburn, to those folks who have energy saving agreements with state universities and others. Most of those agreements go out to 15 years, so this amendment simply excludes those agreements. [Speaker Changes] Further discussion or debate on the amendment ? Hearing none, questions for the senate? [Speaker Changes] Mr. President? [Speaker Changes] Senator Apodaca, for what purpose do you rise? [Speaker Changes] To see if Senator Tucker will yield a question? [Speaker Changes] Senator Tucker do you yield? He yields. [Speaker Changes] I do. [Speaker Changes] Senator Tucker, was this run by the House Sponsor? Are they okay with this? [Speaker Changes] Yes sir, and she was pretty rigid on the ten year commitment and with the net savings agreement we’ve excluded those agreements that go out 15-20 years. [Speaker Changes] Thank you. [Speaker Changes] Yes sir. [Speaker Changes] Further discussion or debate on Amendment 1? Hearing none. Question for the Senate is the passage of Amendment 1 to House Bill 628. All in favor will vote aye. All opposed will vote no. Five seconds will be allowed for voting. Clerk will record the vote. 46 having voted in the affirmative, and none in the negative. Amendment 1 passes and the bill is back before you on second reading. Further discussion or debate? Senator Tucker, anything further? [Speaker Changes] Yes sir. Just to explain the bill unless you otherwise don’t want me to. [Speaker Changes] You have the floor. [Speaker Changes] Thank you sir. This bill came out from Representative Presnell in the House, she was very concerned about the exclusion of North Carolina Timber from energy efficient buildings. Primarily lead buildings within the state and public buildings. So she brought forth her bill and then everybody, as we know sometimes happens around here, came out of the woodwork on it. But we have been able to reach a compromise and everyone seems to support the bill, that would be the US green building council. So leads does stay in, architects support it, the timber and the steel and concrete industry and all those industries that have certified their employees and shops to be able to do lead construction and on this environmental bill i did want to note, Mr. President that Senator Kinnaird and I will be voting together. [Speaker Changes] Further discussion or debate? Hearing none. Question for the Senate is the passage of House Bill 628 on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote.

North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Woodard for what purpose do you rise? [SPEAKER CHANGES] Speak to the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I'm pleased that Senator Tucker and Senator Kinnaird are voting alike since they decided to dress alike today. [SPEAKER CHANGES] The Senate's record will so note. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Tucker for what purpose do you rise? [SPEAKER CHANGES] Just a comment. Senator Woodard is back with us after coming back from some surgery. Senator Woodard I want you to know that anyone that's able to wear a white suit has to be comfortable in his own skin, and obviously you're not. [SPEAKER CHANGES] Further discussion or debate on third reading on the bill. Hearing none the question for the Senate is the passage of the Senate Committee Substitute as amended to House Bill 628. All in favor will say aye. Opposed no. The ayes have it and the Senate Committee Substitute as amended to House Bill 628 passes its third reading. The amendment will be engrossed and the bill will be sent to The House for concurrence. House Bill 785 The Clerk will read. [SPEAKER CHANGES] House Bill 785, cost sharing, transportation improvements. [SPEAKER CHANGES] Senator Raven is recognized. [SPEAKER CHANGES] Thank you Mr. President I believe we have an amendment. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Gunn for what purpose do you rise? [SPEAKER CHANGES] Amend the bill. Send for the amendment that's on your dashboard. [SPEAKER CHANGES] Clerk will read. [SPEAKER CHANGES] Senator Gunn moves to amend the bill. [SPEAKER CHANGES] Senator Gunn is recognized to explain the amendment. [SPEAKER CHANGES] Yes, thank you Mr. President. This was actually added to the bill last week in transportation. DOT asked us to make some various slight amendments to it. We're really gonna do a pilot program, give DOT a chance to study how they can save %10 in some of their facility management, in costs and operations. They'll report back to us. Hopefully they'll find some cost savings. One thing that this will do is allow them to take that money and reinvest it in some other transportation needs as allowed by statute. Appreciate your support. [SPEAKER CHANGES] Further discussion or debate on amendment one? Hearing none the question for the Senat is the passage of amendment one to House Bill 785. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting, Clerk will record the vote. 47 having voted in the affirmative and none in the negative, amendment one to House Bill 785 passes and the bill is back before us on second reading. [SPEAKER CHANGES] Senator Raven is recognized to explain the bill. [SPEAKER CHANGES] Yes, thank you Mr. President. What we're looking at here is a bill, a pilot to help the Department of Transportation figure out some savings and to share those savings, to spread them out among different developers as they move forward. In the past a person putting in, or adding to the traffic on a road had to pay for all the improvements themselves. This will allow others hooking on at a later time to share in that as they go down the road. It's a very good bill and sponsored by the department. Thank you. [SPEAKER CHANGES] Is there further discussion or debate? Senator Raven your microphone is still on. Further discussion or debate? Hearing none question for the Senate is the passage on second reading of the Senate Committee Substitute as amended of House Bills 785. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 47 having voted in the affirmative and none in the negative. House Bill 785 passes its second reading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Further discussion or.

Hearing none, the question before the Senate is the passage on third reading of the Senate committee substitute as amended of House bill seven eighty five, all in favor will say aye, opposed no, the ayes have it, and House bill seven eighty five passes its third reading and the amendment will be engrossed and the bill will be sent to the House to concur in the Senate committee substitute. House bill eight sixty eight clerk will read. [SPEAKER CHANGES] House bill eight sixty eight, residential school changes. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Daniel is recognized. [SPEAKER CHANGES] Thank you Mr. President, members of the Senate. In 2010, the legislature changed responsibility for residential schools for the deaf and blind from DHHS to DPI. This bill really just makes conforming changes to repeal statutes that related to DHHS and to enact a new article that would place the residential schools under the governance of the state board of education and DPI. I ask for your support. [SPEAKER CHANGES] Further discussion or debate? Hearing none the question for the Senate is the passage of the Senate committee substitute to House bill eight sixty eight on its second reading. All in favor will vote aye, all opposed will vote no, five seconds will be allowed for voting, clerk will record the vote. Forty seven having voted in the affirmative and none in the negative, House bill eight sixty eight passes at second reading and will without objection be read a third time. [SPEAKER CHANGES] North Carolina ? [SPEAKER CHANGES] Further discussion or debate? Hearing none, question for the Senate is the passage on third reading of the Senate committee substitute to House bill eight sixty eight, all in favor will say aye, opposed no, the ayes have it and Senate committee substitute to House bill eight sixty eight passes its third reading and will be sent to the House to concur on the Senate committee substitute. House Bill eight ninety one, clerk will read. [SPEAKER CHANGES] House BIll eight ninety one, exportation of SRS freeze defendant 's assets. [SPEAKER CHANGES] Senator Blaine was recognized. [SPEAKER CHANGES] Thank you Mr. President. This bill is supported by the conference of District Attorneys on no opposition of this bill it passed the House 116 to zero. It's predicated on Illinois law that recently passed and it enhances problem abuse against the elderly that we passed out of this session several weeks ago. I'd appreciate your support. Thank you. [SPEAKER CHANGES] Further discussion or debate. Hearing none the question before the Senate it is the committee substitute of House Bill eight ninety one, on its second reading. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for voting, clerk will record the vote. Ford, aye? Forty seven having voted in the affirmative and none in the negative House Bill eight ninety one passes at second reading and will wuthout objection be read a third time [SPEAKER CHANGES] North Carolina ? [SPEAKER CHANGES] Further discussion or debate. Hearing none, the question before the Senate is the passage on third reading of the committee substitute House Bill eight ninety one. All in favor will say aye, all opposed no, the ayes have it, and committee substitute to House Bill eight ninety one passes its third reading and will be nrolled and sent to the Governor. Third reading, House Bill two oh nine, clerk will read. [SPEAKER CHANGES] House Bill two oh nine, DVRing fine is not required. [SPEAKER CHANGES] Senator Daniel, is there further discussion or debate on House Bill two oh nine? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator McKissick for what purpose do you rise? [SPEAKER CHANGES] To send forward an amendment. [SPEAKER CHANGES] Send forward your amendment. Clerk will read. [SPEAKER CHANGES] Senator McKissick moves to amend the bill. [SPEAKER CHANGES] Senator McKissick has the floor to explain the amendment. [SPEAKER CHANGES] It's really somewhat of a technical amendment and the way this bill is ? right now in these type of cases you wouldn't have to make findings or facts or conclusions of law if the parties consent to agree upon it, but also add language to say that it could be mutually binding upon both parties so that each party would be restrained from participating against the other one, taking any adverse action within the confines of the law in this area. It's pretty straight

but the bar association had no objections. [SPEAKER CHANGES] Further discussion or debate on amendment one. Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you Mr. President. I appreciate Senator McKissick’s amendment and I understand what he’s trying to do, I would just advise the members that a lot of negotiation...whenever you have a bill that involves domestic violence issues, there’s a lot of interest groups that have a role to play and there’s been a lot of negotiation that has gone into the original version of the bill and I guess I would have to represent to the body that the bill’s sponsor from the House is opposed to the amendment and the Coalition Against Domestic Violence is as well. I think primarily because it would give the non-movement or the perpetrator in a victim situation sort of the same rights as the victim who filed the original domestic violence motion. I would ask the members to vote against it. [SPEAKER CHANGES] Further discussion or debate. Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] To speak a second time. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] What this amendment essentially do, and it makes all the sense in the world to do it, what you find in these domestic violence cases maybe initiated initially by one person, but it may be because that person was the first to race to the courthouse and take the paperwork out. If you have a situation where both parties are consenting, and this can only be done with the consent of the parties, we’re not having findings of fact made or conclusions of law made in these type of cases. It also makes sense to restrain both parties. Otherwise, if only one party is restrained, the other party that is not restrained is free to initiate as much contact, as much action, whatever they may want to say, whatever they might want to do, whatever they might want to incite. It makes all the sense in the world to also allow these orders to be binding against each person so neither will threaten the other one, neither will annoy the other one, neither will commit any type of act of domestic violence against the other one. As I say, the bar association has no objections to it. And it would be simply done with consent. If parties can’t consent to it, then it wouldn't occur. If they do consent, then sometimes that’s exactly what you want to keep both parties in a situation where one is not initiating contact trying to incite the other one to violate an order. It keeps people in kind of a level playing field. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is the passage of amendment one to House Bill 209. 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. 10 having voted in the affirmative and 37 in the negative, amendment one fails and the bill is back before you on second reading. Is there further discussion or debate? I’m sorry it’s back before you on third reading. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage on third reading of the Senate committee substitute to House Bill 209. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it and House Bill 209 has passed its third reading and will be sent to the House to concur in the Senate committee substitute. House Bill 614. The clerk will read. [SPEAKER CHANGES] House Bill 614, NC Agriculture and Forestry act. [SPEAKER CHANGES] Senator Jackson is recognized. [SPEAKER CHANGES] We just appreciate your support on this bill and I ask for your vote, thank you. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question before the Senate is the passage on its third reading of the Senate committee substitute to House Bill 614. 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. Apodaca, aye. Parmon, aye. 44 having voted in the affirmative and none in the negative, the Senate committee substitute to House Bill 614 has passed its third reading and will be sent to the House to concur in the Senate committee substitute.

concurrence vote, second reading, roll call. Senate Bill 402. Clerk will read. [SPEAKER CHANGES] Senate Bill 402. Appropriations Act of 2013. [SPEAKER CHANGES] Senator Brunstetter is recognized. [SPEAKER CHANGES] Thank you Mr. President. Members, he House tinkered ever so slightly with this bill. We think we probably need to chat with them about it and I'd ask you not to concur. [SPEAKER CHANGES] The question before the Senate. Any discussion or debate? Hearing none, the question before the Senate is the issue of concurrence in the House Committee substitute to Senate Bill 402. All in favor of the motion will vote aye. All opposed will vote no. The Co-Chair of the Senate Appropriations Committee asks you to vote no. Five seconds will be allowed for the voting. Apodaca, no. Goolsby, no. None having voted in the affirmative and 46 in the negative, the motion fails on its second reading. Newton, no. 47 having voted no and zero having voted yes, the Senate does not concur and the House will be so notified. For concurrence, Senate Bill 494. Clerk will read. [SPEAKER CHANGES] Senate Bill 494. Community Services Post-Release Supervision. [SPEAKER CHANGES] Senator Apodaca is recognized. [SPEAKER CHANGES] Thank you Mr. President. Members, the House just made a couple of technical changes that we agreed with. I ask that you do concur. [SPEAKER CHANGES] Further discussion or debate. Hearing none, the question before the Senate is the concurrence in the House Committee substitute to Senate Bill 494. All in favor will vote aye. All opposed will vote no. The sponsor asks that you vote aye. Five seconds will be allowed for the voting. The Clerk will record the vote. Soucek, aye. 47 having voted in the affirmative and none in the negative, the Senate concurs and the House Committee substitute to Senate Bill 494. The bill will be enrolled and sent to the Governor. Conference Report for adoption. House Bill 433. The Clerk will read. [SPEAKER CHANGES] House Bill 433. Land Use Surrounding Military Installations. [SPEAKER CHANGES] Senator Brown is recognized. [SPEAKER CHANGES] Thank you Mr. President. Just a minor change so I do ask that you vote yes on the Conference Report. [SPEAKER CHANGES] Further discussion or debate on the Conference Report. Motion to adopt to House Bill 433. Hearing none, the question before the Senate is the passage of the Conference Report to House Bill 433. 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. 47 having voted in the affirmative and none in the negative the Conference Report is adopted and the House will be so notified. Introduction of the Pages. I would ask the pages to come around at this time in order to be introduced. [SPEAKER CHANGES] Pages serving in the Chamber this week: Bradley Anderton, Wake Forest, David Andrews, Morrisville, ??? Baringer, ???, Jake Barkin, Stella, Alison Burger, Raleigh, Austin Bright, Morrisville, Caitlyn Devine, Waxhaw, Caitlyn Hinson, Youngsville

??, Kerry. Austin Carroley, Apex. Parker Lee, Fuquay-Varina. Kelly Long, Elizabeth City. Garden Mar, Kerry. Emery Nance, Rutherfordton. Carolyn Peoples, Raleigh. Colton Rouse, Gastonia. Brendon Fibido, Burlington. Jackson Valentine, Nashville. Ty Vendizan, Raleigh. Allison Yolton, Rutherfordton. ?? Zitcreek, Chapel Hill. [SPEAKER CHANGES] Pages we thank you for coming to serve in your Senate this week. We hope you enjoy your time with us. Be sure that during this week you make contact with your Senate sponsor. Ask him or her any questions you want, I’m sure they’ll be more than willing to spend some time with you. If for any reason, we or the clerk has mispronounced your name, rest assured that you join a long and distinguished list of former pages who have served in this chamber. Notices and announcements. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] Send forth a conference report out of order. [SPEAKER CHANGES] Send forward your report. The clerk will read. [SPEAKER CHANGES] Conference report to the President of the Senate and the Speaker of the House of Representative, the conferees appointed to resolve differences between the Senate and the House of Representatives on House Bill 243, a bill to be entitled an act to authorize an owner of a self storage facility who has a lien upon personal property to deliver notice of sale of the property to the occupant by certified mail and by verified electronic mail to publish notice in any commercially reasonable manner, and to conduct a sale through the online publicly accessible auction website and to increase the minimum late fee for self-storage facility and rental contracts. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] There will be a meeting of the judiciary 2 committee tomorrow at 10:00. [SPEAKER CHANGES] Further notices and announcements. Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] If all this other business is taken care of, I’d like a moment of personal privilege. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I got up one morning and said, mother I don’t want to go to school today. I don’t like it, I’m not going. She said, you get your notebook, your books and your pencils and you get yourself down there. You’re 35 years old and you’re the principal of that thing. [SPEAKER CHANGES] Further notices or announcements. Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I guess hope tonight when we adjourn, we’ll do so in honor of former Governor Holshouser for the leadership he provided the state. In a way that was very bi-partisan that we could all learn from, perhaps even today. I think we can all admire his courage, his convictions, the way he stood up strong and forthright, how he was principled and did an excellent job during his tenure as our governor. Thank you. [SPEAKER CHANGES] Further notices or announcements. If not, Senator Pate is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. I move that the Senate do now adjourn in memory of Jim Holshouser, subject to the receipt and re-referral of message from the House and the governor and the ratification of bills, to reconvene on Tuesday, June 18th, 2013 at 2:00 PM. [SPEAKER CHANGES] The motion is that the Senate do now adjourn subject to the stipulations stated by Senator Pate to reconvene on Tuesday, June 18, 2013 at 2:00 PM. Seconded by Senator McKissick. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it. The Senate stands adjourned.