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Senate | March 27, 2013 | Chamber | Session

Full MP3 Audio File

as members and guests of the gallery of these islands and electronic devices is where the Reverend Peter Miller said the chaplain. all members and guests of the gallery. please then spray with you. [SPEAKER CHANGES] thanks for the state. he made what even that our dwelling place, generation after generation need well here with us today. you call us your grace and God 's use of the work of grace that we suffered just a little while you will yourself restore Iraq's and he will make you strong, firm and steadfast, so we lowered your people did before you today. we put our trust in you again, as we know that your grace is within us. in Jesus name we pray them sooner voters recognize promotion is present at Tuesday March twenty sixth two thousand thirteen is examined and is found to be correct. [SPEAKER CHANGES] I move that we dispense with the reading of the Journal and the extent approved as written about the Journal for [SPEAKER CHANGES] March twenty six Stan's approved as written. these of absence granted today for Senator Branstetter as we do have a doctor the day today and in the day, Doctor Larry Lawrence, of Morehead city North Carolina and nurse Karen Lemmons of Asheboro, North Carolina. please stand and be recognized. thank you for your service him at him. he is happy to extend codices legality to students from the middle school eighth grade in Henderson County, you're with us, please stand and be recognized him at all motions and therefore wake County jurors happy to extend closing the gallery to the town of Garner, the mayor, elected officials and staff. we opposed Garner with the site, please send me recognize him and allusions that Newton and Angela Bryant of Nelson County teachers happy to extend courtesies of the gallery to the ocean. the city of Wilson, AP Coleman, City Councilman Avery Wilson resident grant growing city manager Donald Evans city Council and Jim Coley city attorney of your with us please stand to be recognized today him to president 's person to move about your last, I believe there are many municipalities represented here, and what it possible to recognize all of them in a center when the Second Circuit to the courtesies are thank you found motion• Doctor Evans and John Giuseppe Thurston courtesies and Senate on Saturday note as well, such as the city officials met across North Carolina's part of town hall. they were the North Carolina league of municipalities also if you are here, or that purpose of limits out across the driveway. since we can switch and [SPEAKER CHANGES] recognizing him and him him who is the other stores and him these oh so you went among the elected officials to hear today's equipment. nevertheless, the circular because the young people who come to this place and staff must have the pages whether they are visiting us, especially in the springtime of the touchstone for twenty minutes ago the music they sign in the rotunda out here between the two chambers gospel avenues in various things. well the plans, saying that as soon as I sat about a magnet high school, so leadership in technology, but it's

...here in Wake county, the first STEM school in Wake county. An excellent school, nationally recognized. So if anybody ever tells you that our high schools and schools aren't really achieving, you remind them of Southeast Raleigh Magnet High School. And the other 21 high schools in Wake county. But we have with us today that choir and chorus from Southeast Raleigh Magnet High School, and they've been recognized across the state. They're constantly getting invitations to perform. And again, if you weren't over here, you missed a real blessing in not hearing them in their various renditions. So, Mr. President, I'd like to send forth a Senatorial Statement acknowledging this great high school, this great choir, its leadership, and acknowledging that we're all in good hands for a bright future tomorrow as long as it's young leaders like this and young students like this who will be the ones setting the stage for us. And I would ask that you would please acknowledge the presence of that choir. [SPEAKER CHANGES] Thank you, Senator. You can send forth your Senatorial Statement. And members of the choir, please stand and be recognized, and thank you for singing for us today. [applause] Ratification of bills, the clerk will read. [SPEAKER CHANGES] Enrolling bills. Enrolling clerk reports the following bills duly ratified for presentation to the Governor: Senate Bill 45, "An Act to Amend the Law Governing Incapacity to Proceed." [SPEAKER CHANGES] Reports of standing committees. Senator Newton, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] Senator, you can send forth your report. The clerk will read. [SPEAKER CHANGES] Senator Newton, the Judiciary 1 Committee submits the passage of Senate Bill 306, "Capital Punishment Amendment" Unfavor ??last to bill but favor ??last to committee substitute bill. [SPEAKER CHANGES] Senate Bill 306, calendar. Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report. [SPEAKER CHANGES] You can send forth your report, Senator. The clerk will read. [SPEAKER CHANGES] Senator Daniel for Transportation Committee submits the passage of Senate Bill 355, "Planning and Harvesting Dates." Favorable. Senate Bill 411, "Ethics Requirement for MPOs/RPOs." Favorable. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion, please. [SPEAKER CHANGES] Senator, you have the floor for a motion. [SPEAKER CHANGES] Mr. President, the reading clerk just read in 306 from J1 Committee. I ask that it be placed on the calendar for Wednesday, April 3rd. [SPEAKER CHANGES] So ordered. Senate Bill 355, calendar. Senate Bill 411, Judiciary 1. Senators we'll be starting with local bills today. Second reading, roll call bill. Senate Bill 268. The clerk will read. [SPEAKER CHANGES] Senate Bill 268, "Sunset Beach, Canal Dredging Maintenance Fee." [SPEAKER CHANGES] Senator. Let's see here. Do we have any discussion or debate? Any discussion or debate? I'm hearing none. The question before the Senate is the passage of the committee substitute to Senate Bill 268 on its second reading. All in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting, and the clerk will record the vote. Newton, aye. Clark, aye. 49 having voted in the affirmative and zero in the negative, committee substitute for Senate bill 268 passes its second reading and will remain on the calendar. Senate Bill 159, the clerk will read. [SPEAKER CHANGES] Senate Bill 159, "Cities Overgrown With Vegetation ??...

Senator ??, recognize to explain the bill? [SPEAKER CHANGES] Thank you Mr. President. This bill is to fix the flawed Mecklenburg County, two thousand and eleven property revaluation. The purpose of this bill is to ensure that all the residents and property owners in Mecklenburg County receive a fair and accurate value for their home after this process. Now that the Mecklenburg County Board of commissioners voted unanimously nine to nothing to ask for the legislatures help to remedy this situation and enable refunds for overvalued properties. That the Senate Finance Committee unanimously supported this piece of legislation and that all five delegate members from the Senate, all five senators have supported this bill, with that I ask for your support for this piece of legislation. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] If we could have the reading clerk read in the title to senate bill one fifty nine please [SPEAKER CHANGES] Senate bill one fifty nine required certain general reappraisal [SPEAKER CHANGES] senator Apodaca for what purpose do you rise [SPEAKER CHANGES] will senator Tarte yield to a question [SPEAKER CHANGES] senator Tarte will you yield [SPEAKER CHANGES] I do [SPEAKER CHANGES] Senator Tarte in your comments did I hear you say that Mecklenburg delegation agreed on something? [SPEAKER CHANGES] scary thought isn't it? OK I'm for it thank you. [SPEAKER CHANGES] Senator Nesbitt, for what purpose you rise? [SPEAKER CHANGES] Thank you, Mr. President, would the gentleman yield to a question? [SPEAKER CHANGES] Senator Tarte do you yield? [SPEAKER CHANGES] I do [SPEAKER CHANGES] well consider me frightened. I was looking at this and if I'm not mistaken this is a state wide bill. [SPEAKER CHANGES] it is [SPEAKER CHANGES] so the rest of us will be impacted to could you tell us what he does? [SPEAKER CHANGES] This bill has four criteria that have to be met before it will require a county to consider doing a revaluation of the bill and currently there is only one county that meets all four criteria. [SPEAKER CHANGES] will he yield to another question? [SPEAKER CHANGES] Senator Tarte will you yield? [SPEAKER CHANGES] I do [SPEAKER CHANGES] Under current law you have to do a reappraisal every so often I can remember what it is, it’s eight years, four years? [SPEAKER CHANGES] Eight years is correct. [SPEAKER CHANGES] Does that remain in effect? [SPEAKER CHANGES] it does. [SPEAKER CHANGES] will you yield to another question [SPEAKER CHANGES] senator Tarte do you yield [SPEAKER CHANGES] I do. [SPEAKER CHANGES] So weather they meet the criteria or not they got to do it every eight years? [SPEAKER CHANGES] That is my understanding correct. [SPEAKER CHANGES] senator gentleman for what purpose do you rise? [SPEAKER CHANGES] Mr. President to ask senator Tarte a question [SPEAKER CHANGES] senator do you yield for question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] this is a as you said a public bill and one county right now meets all four of the criteria? [SPEAKER CHANGES] that is correct. [SPEAKER CHANGES] eventually some of them may want be like Charlotte not many but some. If they grow into the eligibility requirement that will affect them also. I guess my question is why not make it a local bill? [SPEAKER CHANGES] well as I understand it constitutionally this has to be classified so we are not creating special classes or groups of citizens in the state. [SPEAKER CHANGES] and one follow up. [SPEAKER CHANGES] senator do you yield for follow up? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] who gave you that advice? [SPEAKER CHANGES] several attorneys, including in-house counsel here within the legislature, individuals from legal counsel within Mecklenburg County and also within the school of government. [SPEAKER CHANGES] thank you very much senator. That’s what worries me. [SPEAKER CHANGES] senator Rucho. [SPEAKER CHANGES] yes Sir if Senator Apodaca would yield to question? [SPEAKER CHANGES] senator Apodaca do you yield? [SPEAKER CHANGES] yes sir. [SPEAKER CHANGES] senator Apodaca is there any chance that the Buncombe County delegation could get together and be on the same side one time? [SPEAKER CHANGES] every day, senator every day. [SPEAKER CHANGES] is there any further discussion of the debate? Hearing none requesting for the senators, the passage of senate bill one fifty nine on its second reading all in favour will vote Aye oppose will vote no five seconds will be allowed for the voting, clerk will record the vote. …forty eight, having voted in the affirmative, and one in the negative senate bill one fifty nine passes second reading and will remain on the calendar. Moving into none roll call public bill’s second readings senate bill to…

…nine. Clerk will read. [SPEAKER CHANGES] Senate bill 209. Cities overgrown vegetation notice. [SPEAKER CHANGES] Senator Parmon is recognized to explain the bill [SPEAKER CHANGES] Thank you Mr. President and members. On senate bill 209 would allow additional notice about regular mail for chronic violators. Currently it’s required only registered or certified mail. This way regular mail can be sent and after ten days the property can be posted for sufficient notification. This was a local bill which was approved unanimous by the local and state government and I ask for your approval please. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question for the senate is the passage of senate bill 209 on the second reading. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting, clerk will record the vote. ?? aye. Forty nine have voted in the affirmative and zero in the negative. Senate bill 209 passes its second reading without objection will be read a third time. [SPEAKER CHANGES] North Carolina general assembly enact. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, all in favor of the passage of senate bill 209 on its third reading will say aye. [SPEAKER CHANGES] Aye [SPEAKER CHANGES] Opposed no. The ayes have it. Senate bill 209 passes its third reading and will be sent to the house. Senate bill 228. Clerk will read. [SPEAKER CHANGES] Senate bill 228, homeowners association ?? commends elements amend of declaration. [SPEAKER CHANGES] The clerk has recognized. Explain the bill. [SPEAKER CHANGES] Thank you Mr. President. This bill simply provides that a condominium unit owner and a planned community lot owner has the access to the limited common area assigned to his lot or unit and also that assigned to others in order to conduct maintenance, repair and replacement work. The bill also amends the North Carolina planned community act to provide that the declaration bylaws and articles of incorporation of a planned community are on the basis of the legal authority of that community. [SPEAKER CHANGES] Any further discussion or debate? Hearing none the question for the senate is the passage of the committee substitute to senate bill 228 on the 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. Forty nine having voted in the affirmative and zero in the negative, committee substitute senate bill 228 passes its second reading without objection to be read a third time. [SPEAKER CHANGES] NorthCarolina general assembly enacts. [SPEAKER CHANGES] Any further discussion or debate? Hearing none all in favor of the passage of committee substitute senate bill 228 on its third reading will say aye. [SPEAKER CHANGES] Aye [SPEAKER CHANGES] Opposed no. The ayes have it. Committee substitute senate bill 228 passes its third reading and will be sent to the house. [SPEAKER CHANGES] Mr. President [SPEAKER CHANGES] Senator Jenkins what purpose do you arise? [SPEAKER CHANGES] Matter of personal privilege. [SPEAKER CHANGES] Senator you have the floor for point of personal privilege. [SPEAKER CHANGES] I arise to send forward, Mr. President, a senatorial statement recognizing the town of Conway in Northampton County for its 100th anniversary. The area of the little community of Conway was started really in about 1888. It’s been a very prosperous community ever since then. It’s entrenched in the agricultural community, as you can well imagine, a little bit south of the Virginia line. Conway has always been a community that’s been known for the pride of the citizens and how they look after it but it’s also been known pretty much all in that part of the state as a very high producer of both cotton and peanuts. They have done so year in and year out and I’d like to send forward this senatorial statement and if you would, Mr. President, I think that some dignitaries in the gallery, if you’d recognize. Thank you very much. [SPEAKER CHANGES] Yes sir. Thank you Senator you can send forward your senatorial statement and upon a motion, Senator Jenkins of Edgecombe County , the chair’s happy to extend courtesies of the gallery to the people from the Town of Conway, North Carolina, Mayor Brian Bolton - Town of Conway – Nancy Jenkins - Town Administrator, Peggy Davis and Shelby Ritz. If you’re with us today please stand and be recognized. [applause] [SPEAKER CHANGES] Do we have any notices or announcements? Senator Daniel for what purpose do you arise? [SPEAKER CHANGES] Send forth a committee report out of order. [SPEAKER CHANGES] Senator you can send forward your committee report.

The clerk will read [SPEAKER CHANGES] Senator Daniel for the transportation committee submits the passage, senate bill 280 CDL requires military experience, unfavorable as a bill, but favorable as a committee substitute bill. [SPEAKER CHANGES] Senate bill 280 calender. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, with what purpose do you rise? [SPEAKER CHANGES] Various motions, if I may. [SPEAKER CHANGES] You have the floor, senator. [SPEAKER CHANGES] Thank you. Members, during the rush here to finish bill filing and everything we've had some confusion on getting primary sponsors listed properly on bills. With that being said, senate bill 444, UNC cherokee language, I move that the rules be submitted at the end. That senator Davis be removed as a cosponsor of senate bill 444, and instead be listed as a primary sponsor with Senator Brock. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate bill 394, lower tax rates for a strong North Carolina economy, currently has Senator Clodfelter as primary. In addition to Senator Clodfelter, I move that the rules be suspended until the end, that Senators Hartsell, Jenkins, and Meredith be added to that as additional primary sponsors. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate bill 222, revised control substances reporting, Senator Allran had a senior moment yesterday. Said that was in, what did he say it was? He said it was in rules, actually it was in healthcare and I move that senate bill 222, revised control substances, be removed from the committee on healthcare and re-referred to judiciary too, while maintaining it's existing serial referral and finance. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Mr. President, an announcement, if I may, please? [SPEAKER CHANGES] You have the floor, senator. [SPEAKER CHANGES] Members, we all know tomorrow afternoon at 3pm is filing deadline. Central staff is working diligently to get all of that accommodated. Ya know, we have the Easter weekend coming up, so we're gonna make every effort to get this done tomorrow, but to allow the staff to have a little more time I move that we extend the filing deadline to 3pm on Tuesday April 2, 2013. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you, Mr. President. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Brown, with what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor, senator. [SPEAKER CHANGES] The republicans will caucus immediately after the session. [SPEAKER CHANGES] Senator Nesbitt, with what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. To make an announcement. [SPEAKER CHANGES] You have the floor for your announcement, Senator. [SPEAKER CHANGES] The democrats will be meeting immediately after the session. [SPEAKER CHANGES] Senator Allran, with what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] You have the floor for your announcement, Senator. [SPEAKER CHANGES] Thank you. The calender says that judiciary 2 is meeting tomorrow at 10 o'clock, but that meeting has been canceled. Thank you. [SPEAKER CHANGES] Senator Newton, with what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Thank you, Mr. President. Members, this is just a reminder. I hope that all of you will take advantage of the reception that's being given by the sportsmen caucus, over at the museum of natural science across the street, at 5:30-7. Hopefully it'll be a good time, and it's sponsored by the wildlife federation. I wanted to make sure everybody was aware of that and felt welcome. Thank you. [SPEAKER CHANGES] Senator Davis, with what purpose do you rise. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentleman of the senate, I'd like to make sure that you are reminded that tomorrow morning at 7:45, room 425, the LLB will have a county caucus. That's all formal county commissioners and county commissioner wannabe's are invited. Thank you. [SPEAKER CHANGES] Do we have any other notices or announcements? [SPEAKER CHANGES] Your honor ?? [SPEAKER CHANGES] Is there any more business to come before the senate? If not the chair recognizers Senator Burger for a motion. [SPEAKER CHANGES] ?? [SPEAKER CHANGES] Thank you, Mr. President. I move that the senate do now adjourn the introduction of bills, resolutions, and the receipt of messages from the house and the governor. To reconvene on Thursday, March 28, 2013, at 11 am. [SPEAKER CHANGES] The motion is the senate do now adjourn, subject to the stipulations stated by Senator Burger. To reconvene Thursday, March 28 at 11 am, seconded by Senator Ford. All in favor say Aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed No. All in favor, the Aye's have it. The senate stands adjourn.