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Senate | February 27, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order Sergeant at Arms close the doors members will go to their seats members and guests in the gallery will please silence their electronic devices. Leading the Senate in prayer is the Reverend Peter Milner Senate chaplain all members and guests in the gallery will please stand. apparently Let Us prey. Lord our God thank you for bringing us together today thank you for your peace. Your peace is our peace whether the economy is good or the economy is rocky your God whether were in a fight or whether were sick you are God. Give us Lord your wisdom today bring us to our knees before you to confess. We your creatures confess that we need you more than we even realize. Today we cling to that hope search us oh God and know our hearts today cleanse us from every sin and set us free, I ask it in the name of your son the living savior Jesus Christ Amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion [SPEAKER CHANGES] Thank You Mr president the journal of Tuesday February 26 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 February 26 stands approved as written. Ratification of Bills the clerk will read. [SPEAKER CHANGES] Roll Bills the rolling clerk reports the following bill as duly ratified for presentation to the Governor. Senate Bill 4 and act 1 to clarify the states intent not to operate a state run or partnership health benefit exchange. Two. provide a future medicaid eligibility determination will be made by the state rather then a federally facilitated exchange. Three to reject the affordable care act option on medicaid expansion. House Bill 5 an act required the department of health and human services to provide temporary short term financial assistance to One. Group home serving residents determined not to be eligible for medicaid covered personal care services as a result have changes to the eligibility criteria that became effective on January 1 2013 and Two, special care units serving residents who qualify for Medicaid covered personal care services on or after January 1 2013 the following bill duly ratified and properly enrolled and presented to the offices of secretary of state. House joint resolution 20 a joint resolution providing for joint section of generally assembly to act on a joint resolution providing for confirmation of appointments by the Governor of new members in the state board of education, House joint resolution 36 a joint resolution honoring the life and memory of Joe H Hege Junior former member of the general assembly. [SPEAKER CHANGES] Senators leaves of absences are granted for Senators Meredith, Bryant, Parmon and Stein. We have a nurse of the day today with us today it is Katrina McCourt from Elm City North Carolina. Katrina if you'll please stand to be recognized. Thank you for your service and being here today. On motion of Senator Bill Cooke of Beaufort County the chair is happy to extend courtesies of the gallery to the delegation from Hatteras Island to stabilize route 12 and also to Jordan Hennessy the founder of first flight high school republican club if your in the gallery if you'll please stand to be recognized. Reports of standing committees. Senators were going to move on to the calendar. [SPEAKER CHANGES] Mr president [SPEAKER CHANGES] Senator Davis for what purpose do you rise [SPEAKER CHANGES] send forth committee report sir [SPEAKER CHANGES] Senator you can send forth your committee report. The clerk will read [SPEAKER CHANGES] Senator Davis. Davis submits the passage of Senate Bill 42 ?? as to bill but ?? as to committee substitute bill charter school government unit [SPEAKER CHANGES] Senate Bill 42 calendar

We're going straight into the calendar today. We'll be starting with local bills. Second reading, Senate Bill 95. The clerk will read. [SPEAKER CHANGES] Senate Bill 95. Tabor City Election. [SPEAKER CHANGES] Senator Walters is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. What Senate Bill 95 does is simply provide the city of Tabor City a procedure to fill midterm elections. This comes from a court request from the city council of the Mayor. I ask for your support. [SPEAKER CHANGES] Senator Walters asked for your support. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 95 on its second reading. All in favor will say aye. [SPEAKER CHANGES] Aye [SPEAKER CHANGES] Opposed no. The ayes have it. Senate Bill 95 passes its second reading without objection and will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage of Senate Bill 95 on its third reading will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. [SPEAKER CHANGES] No. [SPEAKER CHANGES] The ayes have it and Senate Bill 95 passes its third reading and will be sent to the House. We're moving on to the public bills now. This is the third reading of role call bill for Senate Bill, for the, actually the Committee Substitute #2 to Senate Bill 76 as Amended. The clerk will read. [SPEAKER CHANGES] Senate Bill 76. Domestic Energy Jobs Act. [SPEAKER CHANGES] Senator Newton, would you like to explain anything further about the bill? [SPEAKER CHANGES] I think it's all been said, but I'll be happy to answer any questions. I commend it to you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute #2 to Senate Bill 76 as Amended on its third reading. 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. 39 having voted in the affirmative and 7 in the negative, the Committee Substitute, the Committee Substitute to Senate Bill 76 as Amended passes its third reading. The amendments will be engrossed and sent to the House. We're now going to move on to the second reading of public bills. Senate Bill 43, the clerk will read. [SPEAKER CHANGES] Senate Bill 43 Studied Savings for Administration of Claims. [SPEAKER CHANGES] Senator Brown is recognized to explain the bill. [SPEAKER CHANGES] Hi, Mr. President. This bill, and the next two bills, come from the Joint Legislative Committee on Worker's Compensation, Insurance Coverage, Compliance and Fraud Prevention and Detection. A long title. What this first bill does, it asks the Department of Public Construction and the Office of State Budget and Management to study and make recommendations regarding the management of worker's compensation claims submitted by state and local government employees. In the committee, we found out that over the past few years that worker's comp claims had risen, had risen by quite a bit, and we felt like we needed to study this issue. I can get into detail of the bill if you'd like, but that's basically what the bill does. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion or debate? Senator Kinnaird, for what purpose do you rise? [SPEAKER CHANGES] To ask the bill sponsor a question, please. [SPEAKER CHANGES] Senator Brown, do you yield for a question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Kinnaird, you can ask your question. [SPEAKER CHANGES] Senator Brown, on line 33 through 35 it says that you're going to have strategies to return injured employees to work as soon as possible. Is this a possib-, is this a problem? Are you finding malingering? Why is that in there? [SPEAKER CHANGES] Senator Kinnaird, part of the lies, that I think, in worker's comp claims is that we don't look for ways to put employees back to work. And I think part of this study will look at how we can do that, and it should help in the claims process. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 43 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for voting and the clerk will record the vote. 46 hav...

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...and what on earth that is? [SPEAKER CHANGES] I think that's exactly what it is. No, I'm like you, I had not heard of it either, but there is such an agency that does, can gather information, so it was a new one on me, as well. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 51 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Apodaca, aye. Bingham, aye. Newton, aye. Gunn, aye. Nesbitt, Nesbitt, aye. Forty-six having voted in the affirmative and zero in the negative. Committee Substitute to Senate Bill 51 passes its second reading without objection. It will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage of the Committee Substitute to Senate Bill 51 on its third reading will say aye, opposed no. The ayes have it. Committee Substitute to Senate Bill 51 passes its third reading and will be sent to the House. House Bill 19. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] Send forward a Finance Committee report out of order. [SPEAKER CHANGES] Senator, you can send forth your report out of order. The clerk will read. [SPEAKER CHANGES] Senator Rucho and the Finance Committee submits for passage House Bill 77, Board of Law Examiners Update, Expense Law, favorable. House Bill 80 to Committee Substitute No. 1, Internal Revenues Hold Up Date, favorable. Senate Bill 56, Wallace/Satellite Annexations, favorable. [SPEAKER CHANGES] House Bill 77, House Bill 82, Senate Bill 56, calendar. House Bill 19, the clerk will read. [SPEAKER CHANGES] House Bill 19, Respect our Fallen Heroes. [SPEAKER CHANGES] Senator Daniel is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This House Bill 19, Respect our Fallen Heroes, is a simple bill that basically expands the protection that we give to funerals, whether military or non-military under our disorderly conduct statute. Currently, there can be no protests within 300 feet of a funeral one hour before, up to one hour after a funeral. This bill will expand that to 500 feet, from 300 to 500. It also expands it from one hour to two hours, and it also increases the penalties for a first offense from a Class 2 misdemeanor to a Class 1. It expands second offense, or enhances a penalty on a second office from a Class I misdemeanor, from a Class 1 misdemeanor to a Class I felony. A third offense from a Class I to a Class H. I commend the bill to you. It passed unanimously in the House, unanimously in the Judiciary 2 Committee, and I ask you to support the bill. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the passage of House Bill 19 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Nesbitt, aye. Forty-six having voted in the affirmative and zero in the negative. House Bill 19 passes its second reading without objection, will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly enacts. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, all in favor of the passage of House Bill 19 on its third reading will say aye, opposed no. The ayes have it. House Bill 19 passes its third reading, will be enrolled and sent to the Governor. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] I have a motion, please. [SPEAKER CHANGES] Senator, you have the floor for a motion. [SPEAKER CHANGES] Mr. President, members, I move that the rules be suspended to the end. That Senate Resolution 141, Amend UNC BOG, Board of Governors Election Procedures which was filed today be read on first reading today and referred to the Select Committee on UNC Board of Governors. [SPEAKER CHANGES] Without objection, so ordered. The clerk will read. [SPEAKER CHANGES] Senate Resolution 141, a State Resolution to amend the procedure for nominating and electing members of the Board of Governors for the University of North Carolina. Sponsor, Senator Apodaca. Referred to Select Committee on UNC Board of Governors.

[Speaker Change] Further notices or further announcements. Senator Apodaca, for what purpose do you rise? [Speaker Change] Mr. President, if I might, I need to deliver a Voice Committee Report. [Speaker Change] Senator, you have the floor for your Voice Committee report. [Speaker Change] Thank you Mr. President, members. Last night the Aux Committee met and it was a long and tedious meeting. We went through the history books and we looked back to see if in the history of the Senate if there ever had been a freshman that moved so quickly toward receiving the Aux Meter. Now Senator McKissick was meteoric because he went from an amateur to a professional quicker than anybody in the history. So he’s not eligible. But it must be something about my hometown Durham because the Bull City has created some great folks. And they have sent us a new one this time who has been awarded the Aux Meter as the fastest recipient, as a freshman, in the history of the North Carolina Senate history. Senator Woodard, we are proud to present this to you and we hope you enjoy it. [Speaker Change] Congratulations Senator. Do we have any notices or announcements? Senator Soucek, for what purpose do you rise? [Speaker Change] To send forth a committee report out of order and afterwards to make an announcement if I may. [Speaker Change] Senator, you can send forth your committee report out of order. The clerk will read. [Speaker Change] Senate, Senator Soucek for the Education, Higher Education Committee, submits for passage. House Joint Resolution one thirty eight. Set community college and election date, favorable. [Speaker Change] House Joint Resolution one thirty eight, calendar. Senator Soucek, you are recognized for your announcement. [Speaker Change] Thank you Mr. President. The Republican are reminded about our three o’clock ethics training at room twenty one twenty six. [Speaker Change] Any other notices or announcements? Senator Apodaca, for what purpose do you rise? [Speaker Change] Announcement please. [Speaker Change] Senator, you have the floor for your announcement. [Speaker Change] Members of the Select Committee on UNC Board of Governors, we will meet in ten minutes after session in our usual room. Room ten twenty seven. Senator Nesbitt, did they explain what has happened? Let me explain. We’re going to have to reopen the nominations for a short period of time. Some erroneous information was given by the Ethics Commission, of all folks, on the forms that should be turned in so we’ll go over that in the meeting. They said a short form was fine. It should have been a long form. So, thank you. [Speaker Change] Senator Nesbitt, did you want to make an announcement? [Speaker Change] Yes. Thank you Mr. President. To make an announcement. [Speaker Change] You have the floor Senator. [Speaker Change] The Democrats will caucus immediately after session. [Speaker Change] Senator Allran, for what purpose do you rise? [Speaker Change] Make an announcement. [Speaker Change] You have the floor Senator. [Speaker Change] The Judiciary Two Committee will meet at ten o’clock in eleven twenty four. [Speaker Change] Any other notices or announcements? Is there any further business to come before the Senate? Senator Newton, do you want to make an announcement. You have the floor. [Speaker Change] I was just going to announce the Judiciary One Committee is meeting tomorrow with some interesting stuff. [Speaker Change] Thank you Senator. There’s no further business to come before the Senate. The Chair recognizes Senator Berger for a motion. [Speaker Change] Thank you Mr. President. If I could, just a statement before I make the motion. Senator Rucho from time to time has had a big smile on his face. One time when the Redistricting Bill passed, he had a great bill smile on his face. But I don’t think I’ve ever seen him happier than today when he lost the Aux Meters. So. And, with that Mr. President, I move that the Senate do now adjourn subject to the introduction of Bills and Resolutions. The receipt, referral, and re-referral of committee reports and the receipt of messages from the House and the Governor, to reconvene tomorrow, February Twenty Eight, Two Thousand Thirteen at eleven am. [Speaker Change] The motion is that the Senate do now adjourn subject to the stipulations of Senator Berger, to reconvene February Twenty Eight, Two at eleven am. Seconded by Senator Soucek. All in favor say aye. Opposed no. The ayes have it. The Senate stands adjourned.