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Senate | February 21, 2013 | Chamber | Session

Full MP3 Audio File

The Senate will come to order. The Sergeant at arms will close the doors. Members will go to their seats. Members and guests of the gallery, please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, the Senate chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let’s pray. Gracious and loving God. You are so kind to gather us today here, under your wing. Thank you for gathering us together because you love us. Restore us Oh God, and let your face shine on us today. May your countenance rise up on all of those here. I pray for the families of each Senator, their children, their spouses, all of their lives, for our staff. Bless each of us we ask, we plead, we come to you. And we ask these things. Come now, at the end of this week, and give us strength and courage, to live this day in you. And it’s in Jesus’ name we pray, Amen. [SPEAKER CHANGES] Leaves of absence are granted for Senators Soucek, Berger, Newton, Nesbitt and Harrington. Senators, we have a doctor of the day and a nurse of the day today. Mike Lancaster is our doctor of the day and Valerie Gatlin from Grimesland, North Carolina. If y’all would please stand. Thank you very much for being here and thanks for your service. [APPLAUSE] On the motion of Senator Walters of Robeson County, the Chair is happy to extend courtesies of the gallery to a former Senator David Weinstein and his wife Bobbie, who are in the gallery. Senator if you’re here, please stand. Thank you very much for your service. [APPLAUSE] Also, the Senator’s granddaughter Dani is a page with us this week, so say hello to her when you see her. Reports of standing committees. Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES] Turn the committee report actually to you, Mr. President. [SPEAKER CHANGES] You can send forth your report, Senator. The clerk will read. [PAUSE] [SPEAKER CHANGES] Senator Goolsby for Judiciary 1 Committee, submits for passage Senate Bill 36 APA technical clarifying changes, favorable. Senate Bill 72, amend UCC article 4A funds transfer. Favorable. [SPEAKER CHANGES] Senate Bill 36, calendar. Senate Bill 72, calendar. We’re going to jump right into our calendar starting with public bills. The second reading of House Bill 5, the clerk will read. [SPEAKER CHANGES] House Bill 5, temporary funding group homes and SCUs. [SPEAKER CHANGES] Senator Page is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the Senate, I’d like to take just a couple moments to explain this bill. And before we describe what the bill does, I think it’s important to remember how we got to this point. Long before Republicans took leadership of the General Assembly, our state’s Medicaid personal care services program, which provides assistance with eating, bathing, and other activities, was out of compliance with federal law. For years, it was easier for an adult care home resident to receive these PCS services compared with an in-home recipient. A situation which violates Medicaid law and also it created an institutional bias that potentially ran afoul of the Americans with Disabilities Act. Last April, the Obama administration threatened to cut off all funding for personal care services unless the General Assembly assured that equally situated patients in adult care homes, group homes, and community homes received comparable services in the most integrated setting appropriate to their needs. This General Assembly answered the call for change, and we did it despite a tremendous budgetary shortfall in Medicaid. Last year, we appropriated 39

[Speaker changes.]...9.7 million dollars in temporary funds to insure that individuals at the greatest risk of being deemed ineligible for personal care services can remain in their current homes during the transition. Initially, these funds were intended for adult care homes only. This bill, including the changes we made in the PCS,does the following: it insures that group homes and special care unit residents who are assessed after January first, can access the temporary 39 million dollar fund; it allows the mentally and developmentally disabled, living in group homes, to tap into the funding stream; and it enables individuals living in Alzheimer's special care units to also use the transition fund after their appeals have been concluded through a monthly supplement of $268 per month for each resident who qualifies under the new PCS criteria. But let me be clear, this temporary funding will stop on June 30th. The Obama Justice Department has made it clear that long-term funding streams that favor individuals and institutions rather than community-based settings could potentially violate the Americans with Disability Act. And, Mister President, at this time I would like to send forward an amendment. [Speaker changes.] Senator, do members have copies of the amendment? [Speaker changes.] Yes, they do. [Speaker changes.] You can send forward your amendment, Senator. Your recognized to explain it as well. Clerk...sorry, Clerk'll read. [Speaker changes.] Senator Pate moves to amend the bill. [Speaker changes.] Your recognized, Senator. Explain the amendment. [Speaker changes.] Thank you. This is purely a technical amendment. It strikes the date of December 31st, 2012 and substitutes in its place January 1, 2013. I recommend the adoption of the amendment. [Speaker changes.] There any further discussion or debate? Hearing none, the question before the Senate is the passage of Amendment One. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. 43 having voted in the affirmative and 0 in the negative, Amendment One is adopted and the bill as amended is back before us. Is there any further discussion or debate? [Speaker changes.] Mister President? [Speaker changes.] Senator ... [Speaker changes.] I recommend adoption of the bill. [Speaker changes.] Thank you, Senator. Any further discussion or debate? [Speaker changes.] Mister President? [Speaker changes.] Senator McKissick, for what purpose do you rise? [Speaker changes.] To speak on the bill. [Speaker changes.] You have the floor to speak on the bill, Senator. [Speaker changes.] I wanna first say that I am pleased to see that we're addressing this very desperate need that our developmentally disabled in group homes need. We need to come up with stopgap funding to make certain that they are provided for, certainly their viability was put into question. One thing which I would like to raise with Senator Pate, if he's available for one quick question. [Speaker changes.] Senator Pate, do you yield for a question? [Speaker changes.] Yes, I do. [Speaker changes.] Senator yields. Senator McKissick, you can ask your question. [Speaker changes.] Do you know, Senator Pate...and if you don't certainly we can try to find out the information...many of those persons that would've received these benefits that were eligible, filed appeals and, of course, those appeals are in the process of being addressed and handled through the appropriate administrative processes. Do we know what extent to which this particular funding will now...how that will effect that appeal process? I assume those appeals will probably now...be...there will be no need for them whatsoever...that this will be...this funding addresses that gap, which they were contesting through the appeals process...but do you...can you share any information with us on that? [Speaker changes.] I know that this...the amendment just now...limits it to those who have had assessments since first of January, 2013, but, Mister President, I'd like to get staff if I may to give assistance to answer that question? [Speaker changes.] Yes, Senator, go ahead. [Speaker changes.] Staff advises that this has no impact on the appeals. This money would be available after the appeals have been exhausted. [Speaker changes.] Well...thank you. [Speaker changes.] Any further discussion or debate? Hearing none, the question for the Senate....

as the passage of the Senate committee All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote ready to vote in the affirmative Raven Center, thirty three, having voted in the affirmative, and zero in the negative city may substitute House Bill five, as amended passes a second reading and without objection. the rather time God has shown in acts cherry further discussion or debate for all the thing all day with the passage of Senate committee substitute hospital five, as amended, on its third reading, I will say Aye oppose no, the ayes have it the amendment will be engrossed since into the house for concurrence in the Senate committee substitute House Bill sixty six Corporation Hospital, sixty six captivity license and permit amendments Senator Davis reverse US. [SPEAKER CHANGES] thank you, Mister President to speak to fill some reinforcement of Bill, thank you. this has come to fruition. as a result of a of a New Year's tradition and brass sound, North Carolina my district sponsored by Clay Logan and other like-minded individuals and the basically what it is, as they take a alive, well fed, happy opossum, and they put this opossum in a plexi glass by him must write of the battle in Times Square on New Year's Eve in it reaches the ground. very gently at the stroke of midnight. there are typically three to four thousand people in attendance. there is no alcohol allowed at this event and many children of the good wholesome event is an economic development tool that is used in an accounting and this set of this blows became necessary because Peter decided to sue the sponsors of grass down and prohibited them from having this event. this essentially gives the wildlife resources commission the authority to issue them a permit for this event and other like minded events that may occur in North Carolina. I would urge you to vote for the bill. thank you, [SPEAKER CHANGES] Mister President. Senator was revised to ask a question cylinder,David G over question I've had to sell Eurocentric narrative for your question, I like everybody enjoyed this a lot…| have to warn you have heard from a lot of teaches people that are five( travel, but what I want to ask you about a serious question as it does say exhibition of modern reading this last week about the Bears earned ingenuity reservations center is in situations are really pretty in humane and I'm just wondering since the start essay exhibition and the Crescent says, handling, treatment, but I'm wondering if this would anything like those roadside zoos at seven Charlie walking around and around on a cement floor on my way out. my understanding is that that is under the purview of the of another continent. this would not affect that sending him for giving you trouble, just ask them.it only got a letter from the talk show host backwater and I would I would just give you a think for a moment you if you could ask an opossum would you rather be gently lowered in a plexi glass box will be neutered him to switch him us him him is a sad comment on the belt was even before that, I think that it is almost as good as the judge, she said, when he made his decision about the past and give me freedom or give me death, and he released him from death on the highway. my fellow discussion

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Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I have a motion please. [SPEAKER CHANGES] Senator, you have the floor for your motion. [SPEAKER CHANGES] Mr. President, Senate Bill 94 - Yadkin Valley Career Academy Funding is currently in the Committee on Education with a serial referral to Appropriations. I ask that it be removed from Education and sent directly to Appropriations Based Budget. [SPEAKER CHANGES] Without objection, so ordered. Any other notices or announcements? Any further business to come before the Senate? If not, the Chair recognizes Senator Apodaca for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn, subject to the introduction of bills and resolutions, the receipt and referral of committee reports, and the receipt of messages from the House and the governor, to reconvene Monday, February 25th, 2013 at 7:00 p.m. [SPEAKER CHANGES] The motion is that the Senate do now adjourn, subject to the stipulations stated by Senator Apodaca, to reconvene Monday, February 25th at 7:00 p.m., seconded by Senator Tucker. All in favor say aye, opposed no. The ayes have it and the Senate stands adjourned.