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Senate | July 2, 2014 | 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 in the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Millner, Senate chaplain. All members and guests in the gallery will please stand. [SPEAKER CHANGES] Let's pray. Almighty and merciful Father, we give you humble and heartfelt thanks today for all your goodness and your steadfast love that does not stop. We bless you for your creation we bless you for your preservation of us, your people. And Lord we thank you that nothing we do can separate us from your love. Give us courage today to march on and to hear your marching orders. In Christ's name we pray, Amen. [SPEAKER CHANGES] And I would ask that you would remain standing as this is the last session we'll have before the 4th of July. We will say the Pledge of Allegiance today. [SPEAKER CHANGES] I pledge allegiance to the flag of the United States of America. And to the Republic for which it stands, one nation, under God, indivisible, with Liberty and Justice for all. [SPEAKER CHANGES] Sen. Pate is recognized for a motion. [SPEAKER CHANGES] Mr. President, the journal of Tuesday, July 1st, 2014 has been examined and been 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 July 1st stands approved as written. Members, leaves of absence are granted for Senators Parmon, Jenkins, and Walters. Members we have with us today our nurse of the day, Dr. Janice ??, nurse ?? is in the back of the chamber. Thank you. [SPEAKER CHANGES] Ratification of bills, the clerk will read. [SPEAKER CHANGES] ?? bills. Enrolling clerk reports the following bills, duly ratified for presentation to the Governor. House bill 330, an act ammending the North Carolina Planned Community act regarding the transfer of special declarant rights. The following bill is duly ratified, properly enrolled, and presented to the office of the Secretary of State. House bill 1113, an act to exempt a transfer of ?? roads, site pursuant to interlocal agreement between the city of Asheville and Henderson county from article 16 of chapter 160a of the general statutes from the Sullivan acts. House bill 1247, an act to allow limited appointment of elected public officials to the greater Asheville Regional Airport Authority and provide that eminent domain must be authorized by the affected appointing authority. [SPEAKER CHANGES] Members we're now going to go to the calendar. Public bills, third reading, House bill 1048, the clerk will read. [SPEAKER CHANGES] House bill 1048, AG selection criteria in CNG amendments. [SPEAKER CHANGES] Sen. Rabin is recognized. [SPEAKER CHANGES] Yes sir, to speak on the bill. Same bill we discussed yesterday, no changes, fully acceptable by the joint legislative research committtee that put it together, I ask your permission to send it forward. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, the question before the Senate is passage on the third reading of the Senate committee substitute to the House bill 1048. All in favor will vote "aye", all opposed to vote "no", five seconds will be allowed for the voting. Clerk will record the vote. 44 having voted in the affirmative and none in the negative, House bill 1048 has passed its third reading and the ammendment will be engrossed and the bill will be returned to the House on the issue of concurrence in the Senate committee substitute. Members, there are no further bills on the calendar, we would at this point like to thank our pages for the services

...week. Pages, we hope you've enjoyed your time here and hopefully you've learned something. I'm sure that you have imparted some wisdom to your Senate sponsors, as is usually the case. We thank you for your service and look forward to seeing you back in your North Carolina Senate. Thank you, very much. [applause] Notice and announcements. Senator Brown, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Republicans will caucus immediately after session. [SPEAKER CHANGES] Senator Gunn, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, point of personal privilege and to send forth a senatorial statement. [SPEAKER CHANGES] Send forward your statement, you have the floor. [SPEAKER CHANGES] Distinguished colleagues, this is a great day and indeed a great privilege for me to be able to honor Elon University on its 125th anniversary that takes place this year. Elon, on a personal note, used to be a little college town called Elon College that I lived literally just about a driver and a five iron away from. They used to play football at my high school, Williams High School, soccer was non-existent. And just thinking just a short term year, they have gone to one of the most unbelievable university and recognized throughout the nation. It started in 1889 as Elon College and in 2001, they did change the name to Elon University to reflect the growth of the academic programs, personnel, enrollment and national statute. They now enroll almost 5,600 undergraduates, 700 graduate students, 22% of the individuals are from North Carolina, but the remainder are from 46 states and 49 other countries. They are one of only seven private universities in the nation that have accredited schools in business, communication, education, law and health sciences. Recently that have been ranked number one in the south for regional universities by the News and World Report. Number one masters level university in study abroad, and one of the nation's top 25 best value private universities. I'm really proud of this. They are renowned for their preeminent community engaged teaching and learning. Three hundred and ninety-four full time faculty members that are distinguished teacher/scholar mentors. They have sent more undergraduate students abroad than any other masters level school in the nation. They are the top producer of Fulbright student scholars, Peace Corps volunteers and Teach for America educators. This used to be a little two building campus on just a few acres. Now there is over 620 acres and it has been recognized, as designated as a botanical garden and regularly receives recognition as one of the nation's most beautiful environments. It really is a pleasure today to be able to stand in front of you and celebrate such a wonderful success. They mean so, so much to our community. They give to their community. They continue to grow academically. There a big economic engine. And we really are privileged today, and I'm going to defer back to our President here in a minute, but today we have a very special guest that has come. You may have seen him walking around today in the halls. He is one of the former presidents and a dear, dear friend. He is the heart and the pulse of Elon University. I told somebody the other day, I said, "I know he doesn't part the Red Sea, but I've seen him maroon," which is Elon's color when he walks into an auditorium. The man is truly loved and endeared by all of the community and all the students. With that, Mr. President, I'd like to turn it back to you, if I may. [SPEAKER CHANGES] Thank you, Senator Gunn. Members, upon the motion of Senator Rick Gunn of Alamance County, the Chair is happy to extend courtesies of the gallery to Dr. James Earl Danieley. Dr. Danieley is the sixth president of Elon College. He was the president from 1957 until 1978. He was named President Emiritus of Elon in 1992. He's one of only two presidents to ever receive that honor from Elon. He is recipient of the Order of the...

Long leaf Pin in 1996. He’s contributed in countless ways to the school, was responsible for the expansion of Elon’s athletic programs, particularly the women’s athletic programs, and also admitted the first African-American student to Elon College. He currently still serves as an adjunct chemistry professor at the university. I had the opportunity to spend a good deal of time this morning with Dr. Danley, and I can tell you that while I was never one to relish taking science courses, I think I would have enjoyed taking his chemistry class. And he still does teach that. The other thing is, Dr. Danley is turning 90 years old this year, and he is in the gallery. Welcome, Dr. Danley, to the North Carolina Senate. Would you please stand? And Senator Gunn, Senator Apodaca tells me he’s seen you hit a driver and a five iron, and he doesn’t think you can get there from there. Further notices and announcements. [SPEAKER CHANGES] Mister President. [SPEAKER CHANGES] Senator McKissick, what purpose do you rise? [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I feel I would be remiss today if I didn’t point out that fact that 50 years ago today, the Civil Rights Act in 1964 was signed by President Johnson. I think a few of you heard me mention a commemoration which I attended last week in Washington, which provided strong bipartisan support in terms of what was done 50 years ago today. I think it’s very insightful to think about how 50 years ago our country was torn apart racially, in terms of a divide that was in many parts of our country, particularly in the South. There was a lot of strife, a lot of bigotry, but it was probably the perhaps the first time that the media in our country really was instrumental in helping to shame, inform public opinion in many respects. Because we didn’t have a hundred channels to watch back then on cable, there was just ABC, NBC, CBS. At the end of that broadcast, when Walter Kronkite presented that news he’s saying, that’s the way it was. You know, many days when he said that’s the way it was, he’s referring back to the demonstrations occurring throughout the south with civil rights protestors. They capture the images, these very vivid images of those nonviolent protestors, standing up for civil rights, and individual rights were being confronted by fire hoses, electric cattle prods, and the like. It was something that shocked America’s conscious and something that cause us all to realize that regardless of where we came from, regardless of what our background was, that we all aspired to have the rights that were spoken of in our constitution. Equal rights for each and every individual regardless of race, regardless of color, regardless of national origin. And the courage that was shown by President Johnson and the bipartisan leadership I point out of that era, Republicans and Democrats alike, that came together, and they didn’t take a poll on public opinion to tell them where to come out. They forged consensus, they provided courage, they provided insight, and they helped heal America racially. We’ve come a long way since then, many of those divides have been overcome. We still have a long, long way to go. But we all can feel very proud of the fact that America stood strong. That America was principal. That America showed courage and conviction, but most importantly that there was bipartisan leadership that embraced equal rights for all of us in this country. Thank you. [SPEAKER CHANGES] Further notices or announcements? Senator Apodaca, before I recognize you for the motion, if that’s the reason you’re standing, I would ask the chamber to consider by unanimous consent granting Senator Tillman, Senator Wade, and Senator Soucek, excused absences from the vote earlier today, I think they were serving on a conference committee and were unable to be here. Is there any objection to that? Without objections, so ordered. Senator Apodaca what purpose you rise? [SPEAKER CHANGES] Thank you Mr. President. First I have an announcement. First I have a moment of personal privilege if I might. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I think it’s fitting since the most distinguished alumnus from Elon College

late getting to session today. I don’t think he was anywhere but tardy, so I think that was appropriate to let everyone know. Our schedule going forward, Mr. President, tomorrow morning we’ll have what’s known in the Senate as a skeletal, otherwise known as skeleton session, at 9:30 am, and then on Monday we’ll have another skeletal session at 4 pm, and then we’re going to reconvene on Tuesday July 8th at 3 pm. So that’s kind of what we’re looking at the next few days, and things are looking like we’d better be ready to work because it looks like we’re finally getting to a point we may be able to shut down. Mr. President, I move that the Senate do now – [SPEAKER CHANGES] Senator Apodaca, hold on just a second. I think Senator Pate may want to be recognized for something. Senator Pate, for what purpose do you rise? [SPEAKER CHANGES] An announcement of conferees. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Sorry about that, Senator. Mr. President and members of the Senate, Senate Bill 614, Military Lands Protection Act, Senator Berger has appointed Senator Brown as Chair and Senators Meredith, Pate and Rabin of Harnett and Clark as members of the conference committee for Senate Bill 614, Military Lands Protection Act. [SPEAKER CHANGES] And speaking of the distinguished alumnus from Elon college, Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. I would have Senator Apodaca, who I don’t know what’s “skeletal” – I’ve never heard the word “skeletal”. I think he did go to college somewhere, but even at Elon we knew it wasn’t “skeletal”. That’s not a word. I was with my distinguished President; Senator Gunn brought him down here when I was there, and he was President at the time, so you can imagine Dr. ??, up here Senator Berger, and he and I had some mighty good chats and a lot of them since then, and he is still mentally alert as I’ve ever seen him. Talked to him at lunch today. He’s an Alamance County native, his brother was Chairman of the party over there, and he is a solid ?? R. I love the man, he’s a legend, and I’d like to be like him but I would like to have hair. Thank you. [SPEAKER CHANGES] Senator Tillman, just for the record, I did ask him how fast your fastball was. It’s not near what you say. Senator Apodaca is recognized. [SPEAKER CHANGES] Mr. President, I can only imagine the conversations the President had with Tillman in school. Mr. President, I move that the Senate do now adjourn subject to messages from the House and the Governor, the introduction, referral and re-referral of bills and resolutions, the receipt and the re-referral of committee reports, ratification of bills and appointment of conferees to reconvene on Thursday July 3rd 2014 at 9:30 am. [SPEAKER CHANGES] The motion is that the Senate do now adjourn, subject to the stipulations stated by Senator Apodaca, to reconvene on Thursday July 3rd 2014 at 9:30 am, seconded by Senator Tillman. All in favor, say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it and the Senate stands adjourned.