A searchable audio archive from the 2013-2016 legislative sessions of the North Carolina General Assembly.

searching for


Reliance on Information Posted The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please see our Terms of Use for more information.

Senate | April 15, 2013 | Chamber | Session

Full MP3 Audio File

Senate will come to order. Sergeant Arms will close the doors. Members go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the senate in prayer is Doctor Michael Whitsan of Indian Trail. Doctor Whitsan is a guest of Senator Tucker. All members and guests in the gallery will please stand. [SPEAKER CHANGE] Let us pray. Father, as we gather here this evening, many in our nation are reeling from a senseless attack. We ask that you comfort the bereaved and heal the wounded of their wounds, both physical and emotional. For those who initiated this mindless horror, we pray that justice will reign. Please take this tragic event and use it to cause us to become more dependent on you than ever before. When other are illogical and unreasonable or self centered, help us to love them any way. When we do good and others question our motives, empower us to do good anyway. In the midst of our success, false friends rise and as a result our true enemies are exposed, may we succeed anyway. When our good may be forgotten tomorrow, may we do good anyway. When our honesty and frankness make us vulnerable, strengthen us to be honest and frank anyway. When the biggest men and women with the biggest ideas are shot down by the smallest of minds, may we think big anyway. When what we spent many years building crumbles over night, may we build anyway. When those we help respond with attack, may we help people anyway. When we're kicked in the teeth for giving the world our best, give us the determination to give the world the best we have anyway. For in so doing, we become like you and how you treat us. In Jesus name, Amen. [SPEAKER CHANGE] Senator Berger has recognized for a motion. [SPEAKER CHANGE] Thank you Mr. President. The journal of Thursday April 11 2013 has been examined and found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGE] Without objection the journal of April 11th stands approved as written. Senator's leaves of absence are granted for Senator's Bingham, Bryant, Clodfelter, Graham, and Woodard. On the motion of Senator Ellie Kinnaird of Orange and Chatham counties, the chair is happy to extend courtesies to student Rohan Deshponde, student Joshua Joe, student Helen Gihang, Anika Caviday, Merial Williman from Phillips Middle School in Chapel Hill, North Carolina. If you're with us today please stand and be recognized. Thank you for being here. Materfication of Bills Clerk will read [SPEAKER CHANGE] ?? Bills. The rolling clerk reports the following Bills dully ratified for presentation to the Governor. Senate Bill 228: An act providing that a unit owner in a condominium and a lot owner in a planned community shall afford access through the limited common element assigned or allocated to the owner's unit or lot to the association. And when necessary to other unit allot owners for the purpose of conducting maintenance repair or replacement activities and providing that a unit or a lot owner is legally responsible for damage to a limited common element called by the unit or lot owner and clarifying the laws regarding the powers and duties of a planned community and amending the procedures regarding amendment of a recorded declaration. The following bill dully ratified properly enrolled to the office of the Secretary of State. House Bill 193: an act to expand the permissible uses of the local Mecklenburg county and city of Charlotte local taxes. [SPEAKER CHANGE] Reports of standing committees [SPEAKER CHANGE] Mr. President.

Senator Daniel, what ?? [SPEAKER CHANGES] Send forth a committee report. [SPEAKER CHANGES] You can send forth your committee report. Clerk will read. [SPEAKER CHANGES] Senator Daniel, ?? ?? submits to committee the passage of senate bill 222. revised control substances reporting. unfavorable as to bill but favorable as to committee substitute bill. [SPEAKER CHANGES] Senate bill 222. Finance. [SPEAKER CHANGES] Mister president. [SPEAKER CHANGES] Senator Apodaca. What purpose do you ?? [SPEAKER CHANGES] Mister president, ?? a motion please. [SPEAKER CHANGES] Senator you have the floor for your motion. [SPEAKER CHANGES] Mister president, reading clerk just read in senate bill 222, revise control substances reporting. The bill had a serial referral to finance. We have looked at it in the finance committee and it's been deemed it does not need to go there. So I move that it be removed from the committee on finance and placed on tomorrow's calendar for the floor. [SPEAKER CHANGES] Objection so ordered. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Moving right on the calendar starting with local bills. Third reading of roll call bill. Senate bill 290. The clerk will read. [SPEAKER CHANGES] Senate bill 290. Waynesville annexation. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the senate is the passing of committee substitute to senate bill 290 on its third 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. Kinnaird, aye. Rabin, aye. Forty-four having voted in the affirmative and zero in the negative. Committee substitute to senate bill 290 passes its third reading and will be sent to the house. [SPEAKER CHANGES] Mister president. [SPEAKER CHANGES] Senator Pate, what purpose ?? [SPEAKER CHANGES] For motion pertaining to tonight's calendar. [SPEAKER CHANGES] Senator you have the floor for motion. [SPEAKER CHANGES] Mister president, I move that senate bill 456, designate primary strokes centers, be removed from tonight's calendar and re-calendered for Thursday, April 18th. [SPEAKER CHANGES] Without objection, so ordered. Senate bill 67. Clerk will read. [SPEAKER CHANGES] Senate bill 67

When a community center is being built. Thank you. Thank you. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, all in favor of the passage of the committee substitute to Senate bill 67, on its third reading, will say aye. [multiple voices say aye] Opposed, no. The ayes have it. Committee substitute to Senate bill 67 passes its third reading and will be sent to the House. Moving on to public bill second reading Senate bill 358, the clerk will read. [SPEAKER CHANGES] Senate bill 358, "Guaranteed Asset Protection Waivers". [SPEAKER CHANGES] Senator Meredith is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, this proposed legislation would seek to establish a statutory framework for the offering of a guaranteed asset protection waiver, or GAP waiver, in North Carolina. A GAP waiver's offered to a borrower when a person is financing the purchase of a car. As soon as the borrower drives off the dealer's lot, the new car value plummets. Because of this de-evaluation, the amount the borrower owes exceeds the amount the vehicle is worth. If the borrower destroys the vehicle at that time, they will owe more than the amount covered by the primary insurance proceeds. The additional amount owed would come out of the borrower's pocket unless the person has a GAP waiver. If a GAP waiver was purchased, the lender would waive the amount owed in excess of what the borrower's primary insurance paid. I would appreciate your support, and I do have an amendment I'd like to send forward, Mr. President. [SPEAKER CHANGES] Senator, do the members have copies of the amendment? [SPEAKER CHANGES] They do, Mr. President. [SPEAKER CHANGES] You can send forward your amendment. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] The clerk will read the amendment. [SPEAKER CHANGES] I'd like to send forth rule 29 on this particular bill. [SPEAKER CHANGES] Senator, you can send forward the rule. [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Senator Murry move to amend the bill. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, this amendment was brought up to me by staff and also Senator Brown brought this up in committee. There are currently GAP waivers in place throughout the state of North Carolina. This amendment would actually set a date certain, October 1st of 2013, and all GAP waivers that were purchased after that date this law would apply to. Anything that had been purchased prior would not be affected by this law. So I would appreciate your support on the amendment. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of amendment 1, all in favor will vote aye, opposed will vote no, five second will be allowed for the voting, the clerk will record the vote. Kinnaird, aye. Forty-three having voted in the affirmative and zero in the negative, amendment 1 is adopted and the bill as amended is back before the body. Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of the committee substitute to Senate bill 358 as adopted on its second reading. Or as amended, rather, on its second reading. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the vote and the clerk will record the vote. Forty-three having voted in the affirmative and zero in the negative, the committee substitute number two to Senate bill 358 as amended 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 committee substitute number two to Senate bill 358 as amended on its third reading will say aye... [multiple voices say aye] ... opposed, no. The ayes have it. Senate bill 358 passes its third reading and will be, the amendment will be engrossed and sent to the House. Senate bill 712 the clerk will read. [SPEAKER CHANGES] Senate bill 712, "ID card for homebound persons". [SPEAKER CHANGES] Senator Hunt is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. This bill simply allows, or stipulates, that DMV provide a way for homebound people to have a photo ID, since the homebound person can't get down to DMV to get a photo ID. This instructs the DMV to come up with a way to provide those photo identification cards. Appreciate your support. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of committee substitute to Senate bill 712 on its second reading. All in favor will vote aye, opposed will vote no. Five seconds to be allowed for the voting, and the clerk will record the vote. Forty-four having voted in the affirmative and zero

In the negative, committee substitutes Senate Bill 712, it passes its second reading, without objection, it will be read a third time. [SPEAKER CHANGES] North Carolina, [??] [SPEAKER CHANGES] Further discussion and debate. Hearing none, the question before the senate is passage of the committee's substitute Senate bill 712 on its third reading. All in favor will say aye, opposed, no. The ayes have it, committee substitute Senate Bill 712 passes its third reading and will be sent to the House. At this time, I would like the pages to come forward to the dais so they can be recognized, if you will start making your way down here to the front, please. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion, please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Thank you Mr. President. House Bill 150, Zoning design is currently in the committee on rules, I ask that it be removed from rules and re-referred to the committee on Commerce. [SPEAKER CHANGES] Without objection, so ordered. The clerk will read. [SPEAKER CHANGES] Pages serving in the chamber this week: Candice Brown, Riley; Paul Estes, Matthews; Preston Frairington, Holly Springs; Cole Hartsel, Winston-Salem; Miranda Judd, Holly Springs; Karen Metz, Trenton; Andrew Pelletier, Crestwell; Sawyer Strand, Feza. [SPEAKER CHANGES] Pages, we thank you for your time and your service to the Senate this week, and we thank you for being here with us. [Applause] Do we have any notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Rabin, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] Senator, you have the floor for a moment of personal privilege. [SPEAKER CHANGES] I think the events of today have to be put before us, the events up in Boston, I guess that old soldiers that never really do fade away, were involved against terrorism and that terrorism is all around us and in many forms. I think we have to bear that in mind as we go through our routines and focus on some of those issues that will help to stop it. These people, regardless of their origin or their reason for doing things, aren't really misguided, they are just guided in the wrong direction by something, we have to figure out what it is, but we surely cannot talk to the problem, we cannot be complacent about the problem, we have to face the problem and make up our minds that we darn well are going to do something about it so that it doesn't happen in North Carolina. Thank You. [SPEAKER CHANGES] Senator Davis, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thanks, Senator Rabin, for those comments, and I would simply remind us all of the power of prayer and definitely appreciate the prayer from Dr. Woodson today. As we talk about prayer, everyone should have received a notice on your desk with Representative Garland Pierce, who is chair of the legislative black caucus, he has asked me to please announce this today, that is, many of us remember the work of our former colleague the late Representative William Wainwright. In the morning there will be a prayer breakfast, a tribute in his honor, and we remember a person who made great contributions as the Speaker Pro Tempore, as well as the Senate Minority Leader, so I do remind you that announcement is on your desk. And I encourage us all to continue to pray. [SPEAKER CHANGES] Senator Kinnear, for what purpose do you rise? [SPEAKER CHANGES] A point of personal privilege, please? [SPEAKER CHANGES] Senator Kinnear, you do have the floor for a point of personal privilege. [SPEAKER CHANGES] Thank you. The students who were introduced earlier created a project that created a difference in their classroom, their school, even perhaps the county, and we hope beyond the county. Helen, [?? names], were following a local news story about how the Orange County landfill was closing. Since no new site had been located in the county, it will now be transported to another county. They knew that that transferring would have a detrimental impact on the environment, so they asked how they could reduce waste going into the landfill in their own setting. They realized their lunch in their classroom and in the lunchroom generated much waste, and they asked how they could reduce their own amount going into the landfill, and make a contribution. They created a collection of the liquids from the lunches and found it apparently accounted for...[END]

Amazing amount going into the trash. We convince the rest of the school to participate and it was very successful. Keeping a great deal out of the landfill. It is now included in combustible trays. These children were thinking very creatively of how to solve a problem. And they entered into the Semen's sustainability competition and we have just found out they have been first in the state for the we change the world competition from Semen's. We are very proud of the work that they do and all of our other students. [SPEAKER CHANGES] Any other notices or announcements? Any further business to come for the senate? If not the chair recognizes Senator Berger for a motion.[SPEAKER CHANGES] Thank you Mr. President I move that the senate do now adjourn, subjects of receipt of messages from the house and the government be convened on Tuesday, April 16 2013 at 2 pm.[SPEAKER CHANGES] Motion is the senate do now adjourn subject to the stipulation stated by senator Berger to reconvene Tuesday, April 16 2013 at 2 pm, seconded by senator Gunn. All in favor say aye, oppose no, the aye's have it, the senate stands adjourned.