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 | March 26, 2013 | Chamber | Session

Full MP3 Audio File

Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayers are Reverend Peter Milner senate chaplain. All members and guests in the Gallery will please stand. [SPEAKER CHANGES] Let us pray. Almighty God, we are thankful that you’ve gathered us back together for a new week. As we come to you we lift up Senator Sanderson and his mother who has gone now to be with you Jesus. We thank you for her life and for the service of all these senators. We come before you confessing that we often fritter our lives away that we often follow our own dreams we follow our own policies our own thought process. So we need you to take our hands back and remind us that you are the strong rock beneath us. You are the strong mother that holds us in your arms. For this reason I ask you lord to fan into flame the gift of God which is in these friends gathered. Where God gave us his spirits not of fear or timidity but of power and love and discipline. In Jesus’s name we pray, amen. [SPEAKER CHANGES] Senator Berger is recognized for a motion. Thank you Mr. President. The Journal of Monday march 25, 2013 has been examined as 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 March 25 stands approved as written. On the motion of Senator Berger of Rockingham County, the chair is happy to extend courtesies to the association of chiefs of police from across the state of North Carolina. Those of you that are with us today, please stand and be recognized. Upon the motion of Senator Brent Jackson of Duplin, Johnston, Sampson counties the chair is happy to extent courtesies of the gallery to Clinton-Sampson chamber leadership class of 2013. Members include; Janna Bass Stewart Blunt, Vicky Queen, Carlie Haring, Paul Hutchins, Kyle Randleman, Eden Snyder, Jr, Ginger Stone, Susan Warren, Roy Mullens, William Gray and Pamela Tripp. If you are with us today please stand and be recognized. Upon the motion of Senator Tarte of Mecklenburg County, the chai is happy to extend courtesies of the gallery to Sid Morris, Greg Wessling, both executives with the Noah project from Cornelius. Sid and Greg are you with us in the gallery today? Please stand if you are. Upon the motion of Senator Angela Bryant, Clark Jenkins and Buck Newton, the chair would like to extend courtesies of the Gallery to the bow of the Rocky Mount Alumni chapter of Kappa Alpha Psi fraternity cotillion militare Leadership Scholarship Program. If you’re with us today please stand and be recognized. Reports of standing committees. [SPEAKER CHANGES] Senator Allran, for what purpose do you rise? [SPEAKER CHANGES] to send forward a committee report. [SPEAKER CHANGES] You can send forward your report senator. The clerk will read. [SPEAKER CHANGES] Thank you Sir. [SPEAKER CHANGES] Senator Allran judiciary to committee commence for passage Senate bill 368 Inmates Prescriptions Pistol Permits favorable. [SPEAKER CHANGES] Senate Bill 368 finance. Senator Rucho for what purpose do you rise? [SPEAKER CHANGES] To send forward a finance committee report [SPEAKER CHANGES] send forward your report Senator. The clerk will read [SPEAKER CHANGES] Senator Rucho of the Finance Committee submits the

Passage of Senate Bill 159, Require Certain General reappraisals, favorable. Senate Bill 268, Committee substitute number one, Sunset Beach/Canal Dredging/Maintenance Fee, favorable. [SPEAKER CHANGES] Senate Bill 159, calendar. Senate Bill 268, calendar. Senate (audio skip)…Tucker, for what purpose do you rise? [SPEAKER CHANGES] (audio skip)…State and Local Government Committee Report. [SPEAKER CHANGES] You can send forward your report, Senator. Clerk will read. [SPEAKER CHANGES] Senator Tucker of the State and Local Government Committee submits the passage sent bill 209, Cities/Overgrown Vegetation Notice. [SPEAKER CHANGES] Senate Bill 209, calendar. As we’re moving to the calendar for the day, we’ll be starting with local bills, third reading roll-call bills. Senate Bill 177. The Clerk will read. [SPEAKER CHANGES] Senate Bill 177, Hookerton/Maysville Satellite Annexations. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 177 on its third reading. All in favor will vote, “Aye.” Opposed will vote, “No.” Five seconds will be allowed for the voting. Clerk will record the vote. McKissick changes vote to, “Aye.” Cook, “Aye.” Rabin, “Aye.” 50 having voted in the affirmative and zero in the negative, Senate Bill 177 passes its third reading and will be sent to the House. Moving into public bills now on the second reading, Senate Bill 223. The Clerk will read. [SPEAKER CHANGES] Senate Bill 223, Severance and Relocation for Area Directors. [SPEAKER CHANGES] Senator Hise is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President, Members of the Senate. This is not a complex bill but the purpose of this bill is to allow the LME/MCOs to offer to individuals they would choose to hire as directors, it allows them to offer severance benefits as well as relocation expenses consistent with what many other employees on the contract basis and with the counties could receive and could offer. We already have limitations so that only 20 percent of the funds in LBU can be used for the administrative costs and any of these funds would have to be appropriated within those limits. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 223 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. Kinnaird, aye. Brock, aye. 49 having voted in the affirmative and one in the negative, Senate Bill 223 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 passage of Senate Bill 223 on its third reading will say, “Aye.” [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, “No.” The ayes have it. Senate Bill 223 passes its third reading and will be sent to the House. Senate Bill 231, Clerk will read. [SPEAKER CHANGES] Senate Bill 231, Modify duties/Advisory Council on Indian Education. [SPEAKER CHANGES] Senator Davis of Macon County is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the Senate, this bill just brings up to date the responsibilities of the State Advisory Council on Indian Education in the state. My counterpart in the House on this committee is in support of this bill as is Mr. Greg Richardson of the North Carolina Commission on Indian Affairs. I’d be glad to answer any questions that you may have. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the passage of Senate Bill 231 on its second reading. All in favor will vote, “Aye.” Opposed will vote, “No.” Five seconds will be allowed for the voting.

Speaker: The clerk will record the vote ?? i think 50 having voted in the affirmative zero in the negative senate bill 231 passes it's second reading without objection be red the third time, Speaker Changes: North Carolinian acts, Speaker Changes: Any further discussion or debate, Speaker Changes: Hearing none question before the senate of the senate bill 231 on it's third reading all in favor say aye oppose no the aye is have it senate bill 231 passes it's third reading and will be send to the house senate bill 334 the clerk will read Speaker Changes: senate bill 334 ??, Speaker Changes: senator ?? is recognized, senator ?? is recognized to explain the bill, Speaker Changes: Thank you Mr.President like to explain the bill senate bill 334 directs the route of north Carolina and the city of ?? to enter into a new lease ?? that charges fair market value applies to state law and ?? long standing commitment to serving the mentally will late last year we express strong opposition to the last minute deal of the forward administration and the city arguing a long prime time state was a valuable asset on the all north Carolinian and should not be given one municipality and millions of dollars below market value we also won the least would violate state law statue requires the floor transfers the state property occurs the state must conduct a third analysis of present and future needs of the property our concerns were ignored and as a result current ?? for north Carolina tax payers the existing requirement demand citizens from all across the state to fund not only a special project for ?? but for also transition cause for nearly 170000 employees that must be relocated from the property on December 4 2012 our senate leadership pledge to turn away the release a option that was clearly included within the contract signed by ?? leaders we are keeping our words and with that Mr.President i would like to send forward an amendment, Speaker Changes: senator the members have copy withe the amendment, Speaker Changes: no they do not sorry they might ?? alright let's get the amendment passed up to all the members all members have now copies senator it is on the dashboard if you had like to look at the dashboards well the copies have been passed OK ?? not have a copy the clerk will read, Speaker Changes: Senator ?? rose to amend the bill, Speaker Changes: Senator ?? is recognized to explain the amendment, Speaker Changes: Thank you Mr.President i believe all the members of the house have a copy of the amendment this modifies the bill to include a panel of three superior court judges to hear any allegation to come as a result of this action all the superior court judge from the ?? county one from the eastern part of the state and one from the western part of the state has appointed by the chief justice of the state supreme court would be the proper panel for hearing this and the action comes from this i recommend endorsement of the amendment mr president, Speaker Changes: Mr.President, Speaker Changes: Senator ?? for what purpose do you asked, Speaker Changes: The senator Pete to yell for a question, Speaker Changes: Senator Pete do you yell for a question, Speaker Changes: Yes i yell sir, Speaker Changes: Senator Pete i haven't seen this kind of procedure before ?? to address compensation cases and the fact that only place we have it is ?? where do this idea come from i believe that was established in that procedure and is lawful at this time sir, Speaker Changes: Senator Pete do you yell, Speaker Changes: Yes sir i yell, Speaker Changes: I'm sorry established and procedure Speaker Changes: the ?? in procedure sir , Speaker Changes: follow up, Speaker Changes: senator Pete do you for a follow up, Speaker Changes: yes, Speaker Changes: how does the conduct,

Eminent domain action by the State. Differ from any other imminent domain in any other matter. I would like to get some staff assistance if I may Mr. president [SPEAKER CHANGES]. senator. [SPEAKER CHANGES]. uses of the statewide interest and feel like that the state wide panel would be the appropriate venue for that senator blue. [SPEAKER CHANGES]. I have a question Mr. president. [SPEAKER CHANGES]. senator yield for question. [SPEAKER CHANGES]. Yes. [SPEAKER CHANGES]. Then is it your position that any time, any body sues the state. That ought to be a tree judge tree panel proceeding. [SPEAKER CHANGES]. I'm not saying that's all I'm saying that this has such statewide interest in magnitude in this case with millions of dollars at state. That this should be the proper venue. [SPEAKER CHANGES]. To debate the amendment. Mr. president. [SPEAKER CHANGES]. Senator Blue has the floor to debate the amendment. [SPEAKER CHANGES]. Ladies and gentleman I understand. That to some people receding to enable eminent domain. Against what most of you preach, but since you believed as I do. That the government ought to be specifically limited when they can condemn property even a lease. At the same time I think that we ought to have a general respect, for the proceedings judicial, proceedings especially in the state. For hundreds of years, there have been proceedings where any other governmental entity condemns land. That's all we are talking about here. The condemnation of land. And there is been a set procedure as to how those cases are decided. how the issue of just compensation, is decided. I say this because, again and i remind you. That with many of you, or most of you, I'm in total sync, with respect to the government being able to take property from anybody. And municipalities are looked at as people. just like a private taking from any private individual. and I can't for the life of me see, why we are going to set up a whole new set of rules. To hear a condemnation action. That the city of Lolly brings. On the ocean we condemn land. And we don't put any special proceeding that people have to follow, in order to challenge the state for condemnate. we condemn land for high ways all the time. And the state makes people very mad. For land roads. We don't set up any special proceeding, for how you going to any thing out of a normal special proceeding. as I have you going to bring the action. This quite frankly seem to be an insult to injury, to say, that just for this peace of land, 325 acres. We're going to change a who judicial process. We are going to say all of a sudden, that it ought to be a tree judge panel to get together. And go trough all, what ever is involved in tree judge panels meeting, in order to determine what the just compensation. Or how you do just compensation. Let me ask you a serious question. In North Carolina you entitled to a jury trial. In just compensation. Thats who decides it. So as you sit up there with this tree judges. In a make shift court room. Because most court room aren't design for tree judges. Its OK when you have lawyers arguing to them. Any how so this twelve people are going to be sitting, looking at the body language of this tree separate judges. The question of tree separate judges, as the lawyers present the case. This is a very cumbersome unruly proceeding. I haven't seen any were else. May be some of the lawyers in the chamberer can tell me or some of the circumstances. We certainly use tree judge panels when it come to re districting. Use three judge in the matter in the DC Court of Appeals in some other actions. But they generally lawyer to judge. You don't have juries involved or I don't think I don't know of anywhere juries are involved. I can be corrected if I'm wrong. I just thing it really is bordering, on the nonsensical for us to be building in the special proceeding that doesn't exist anywhere else for one case, for 325 acres of land and I happen to believe that the only reason we are doing this, is because we were the question

The underlying action that this bill represents. I hope you'll vote against the amendment [Speaker Change] Is there any further discussion or debate? Healing none the question for 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, the clerk will record the vote. ?? Sitter aye, Ervis no. 30 having voted in the affirmative, and 20 in the negative. Amendment one is adopted and the bill as amended is back before the body. [Speaker Change] Mr. President. [Speaker Change] Senator Pate for what purpose do you rise? [Speaker Change] Would you recognize Senator Hise for a comment? [Speaker Change] Senator Hise is recognized to speak on the bill. [Speaker Change] Thank you Mr. President and members of the committee. Couple things I wanted to talk about. We've talked, there's been a lot out there about us going into a lease. And I wanted to point out to everyone here that the lease itself allows for this condemnation. As a matter of fact the lease even considers the possibility that less than 50% of the property would be taken, and different articles for that if more than 50% are taken. And the lease itself says that if that occurs the lessee shall have no, and waives any claim against a resource, ?? against the lessor for the value of the property for the term. That's within the lease that was agreed to by the state that allows this condemnation. The two other points that I wanted to put forward as to why we're here. The first is the original intent of the property given to the state. I see it happen all the time, especially in conservatories and others when individuals give property to the state to be used for a particular purpose. That is what we have here, as we would in today's language the treatment of the mental health was the reason this purpose was given to the state. Today it has a value in their last appraisal of 84 million dollars. We'll make some decisions in the future about how much we still utilize that for office space, and others for HHS. But it is our duty to maintain that, that property or the value determined from that property be used to provide for mental health services. The HHS budget is a difficult process to go through. And the state does not need to be handing away its revenue when people have such needs. Moving forward. And finally the state law. Before the state was allowed to enter into a lease of property where state employees were continued to work, they were required to go through a process to provide for the relocation of those state workers. A process that did not occur, a process that legislative was required to occur. So now we come to a crossroads. A lease that was entered into in a time period ignoring what state law was, ignoring the original intent, and establishing a different value for the property. It is our intent to go back within that lease and re-condemn it, and begin a proper and legal process for the citizens of North Carolina which is required. [Speaker Change] Mr. President. [Speaker Change] Senator Stein for what purpose do you rise? [Speaker Change] To see if the speaker will yield to a question. [Speaker Change] I will yield. [Speaker Change] Is it your intention and the intention of this chamber to reopen Dick's Hospital? [Speaker Change] There's no intent in this bill or other to reopen a mental institution on that property that is correct. [Speaker Change] Follow-up. [Speaker Change] Senator do you yield? [Speaker Change] I yield. [Speaker Change] Are you familiar with the healing place? [Speaker Change] I am not. [Speaker Change] Follow-up [Speaker Change] Senator do you yield? [Speaker Change] I yield. [Speaker Change] Do you know how much mental health treatment has done on Dick's property to date? [Speaker Change] I would provide that most of the administration for mental health services all across the state is done on the Dixie property at this time. [Speaker Change] To debate the bill. [Speaker Change] Senator Stein has the floor to debate the bill. [Speaker Change] Currently 10 acres is dedicated to mental health today. The Healing Place of Wake County provides mental health treatment to people. There otherwise there are no mental health treatment being provided on Dick's property. The hospitals been closed, a lot of people had problems about that being closed, but the state moved it to Buckner. And that's where mental health, the hospital is today. You all don't intend to open up the hospital again.

cost would be tens of millions of dollars. That hospital is ancient. To say this is about mental health is a farce. It isn't about mental health. This is about a lease that you didn't like because it was signed by a governor you didn't like with a city you don't like. That is what this is about. You all cared about mental health, you had an opportunity in the first week of this session to do something about it. I ran the net present value of the dollar amount that senator Hise said this land is worth versus what the lease amount is. Do you know what the annual difference is? It's one and a half million dollars a year. Now one and a half million dollars. That's not insubstantial. But in the scope of the medicaid budget, which is over 3 billion dollars with a B not an M, it is a drop in the bucket. Over this by ??, you all rejected two and one half billion dollars in one hundred percent federally funded medicaid dollars. Forty five to fifty percent of which goes to mental health treatment, substance abuse and developmental disabilities. So let's do the math on that. One point two billion dollars at no cost to the Carolina tax payer for mental health in North Carolina, right now, versus one point five million over the life of this loan. And by the way, you're not going to get that one and a half million over the life of the loan, because what you've done is you've reduced the land that is suitable to the lease. As senator Hunt has noted in committee, it is a flood plain. It is a former land fill site. It is not the nice property of Dix. So even if you got a fair market value for that it will not be substantially more than what the half million dollars it goes from the city to the state for mental health under the current lease. So we are talking hundreds of thousands a year when you all forgo a billion dollars this year. Do not make this about mental health because it isn't. [SPEAKER CHANGES] Senator Hise, for what purpose do you rise? [SPEAKER CHANGES] Ask speaker a question. [SPEAKER CHANGES] Senator, do you yield for a question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Stein, are you aware of the federal designation of a institute of mental disease or an IMD?. [SPEAKER CHANGES] I am not. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Yield for another question, senator. [SPEAKER CHANGES] Would you also be aware that under what the federal government, Dorothea Dix hospital and others, that medicaid funding can not be used regardless of the expansion or otherwise to provide for services for any individual in an institution or institute of mental disease? [SPEAKER CHANGES] I am aware of that but that doesn't mean it can't go for mental health purposes. To think that the only way to deliver mental health care to the people of North Carolina is in an institution is a backward way of thinking of mental health treatment. [SPEAKER CHANGES] mister president. [SPEAKER CHANGES] Senator Blue, for what purpose do you rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Senator Blue you have the floor to debate the bill. [SPEAKER CHANGES] Mister president, ladies and gentlemen of the senate, you first probably given us a good little gift because the supreme court in the courts of North Carolina are going to get the opportunity to decide the constitutionality of this little amendment that you just passed. You can get advised any way you want to. You can't set up a special proceeding for one specific case. You've got to do it class wide. And so, when you say this is the only condemnation case that's going to be subject to this procedure. Expect the supreme court read the law to you. But also you build into this thing greater uncertainty. Because now you build a process that's going to take multiple years to get a final answer to. Whether or not this lease purports is what this lease purports to be. Let me address three things first. Senator Pate says it's not fair market value. The city and the state had appraisals done on this property before this agreement was entered into. One appraisal was thirty something million and the other was sixty some million. So there were appraisals done. The state appraised it for its highest and best use which it determined to be

for an office complex. For commercial, so that people could put 40-50 story high rises out there. Now you can- If you haven't taken a trip over to Dorothea Dixon campus, I really would urge you to go out South Sunder Street or come up Lake Wheeler Road, after dark, and just overlook the Raleigh skyline from that campus on Western Boulevard. But the appraisal was to put high rises of mixed use development on the property. Not to save it as a mental health institution. And the city was appraising it on a different standard, and not strictly as a park, but one that wasn't so intentionally developed. And when you consider the statement made by Sen. Pate that it was breaking state law, I don't know what state law he's referring to, if the city and the state both got the kinds of appraisals that were required. Now Dorothea Dix hospital was on a site that was over 2,000 acres. That's 25, almost 30 years ago. Sen. ??, Sen. Nesbitt and I are probably the only ones who were here and all three of us were in the House when that campus was broken up because they no longer needed a farm. They didn't need those who were mentally ill, when the facility was full, to go out and work on farms and do the other things that they used to do. And so the State made the decision, initially in the Jim Hunt administration but followed up in the Martin administration, the State made the decision that we don't need to be maintaining a farm out here if we're not farming on it. No prisoners were available to farm on it, the mentally ill were no longer institutionalized they were being sent out into communities. And the population of the hospital had decreased substantially, I think down to less than 500 patients. And so the state, the council estate and the Governor decided to reduce the footprint of the campus. And that's how the centennial campus at North Carolina State University was born. That's how the current farmer's market was located. Both on Dorothea Dix property. Now Sen. Hise raises a question as to what the purpose of the land was. I dare tell you that the value of the centennial campus at North Carolina State University is far greater than anything even those of us who agreed that it ought to be given to the state, that is, 5 or 6 hundred acres of land, than we even imagined that it could be. Because you started this session talking about jobs. You want to talk about jobs? Look at some of the institutions, the businesses that have come out of not necessarily the centennial campus, which is poised to be the job creator for the next 50 years, not only for the triangle area, but for the entire state of North Carolina. You see, business that have become Fortune 500 companies that have come out of research that happens at North Carolina State, ??. Biggest of its kind in the world. Cree, the lighting giant, a Fortune 500 company. Red Hat, a Fortune 500 company that was located on the campus, on Centennial campus at North Carolina State University. So, the revenue that comes from the jobs created by those entities could be used to adequately provide for mental health, if we were concerned and committed to adequately providing for it. But that's not the only thing. Sen. Pate talked about, "It's supposed to serve the mentally ill." That's how we serve them, by serving them with programs that they need now, not programs to basically institutionalize them on a hundred year old campus. We talked about the transition costs for moving the people who work for the Department of Human Resources. You know, for the last 25 years, there have been studies and suggestions by the Capital Planning Commission, and I think some of you are on it, and by various other groups as what to do about the Human Services or Human Resources employees. There's still been no resolution to that, but this lease contains a provision in it that addresses the point

That Senator Pate made. Because it said for 15 years, those employees can stay on the Dorothea Dix Campus, as the state develops a transition plan. You know at one point, and some of you may have been part of it, there was a plan to build a high rise right across the street. Right across the street, to house the human resources employees, because there were so many of them. And it would bring them back into the state complex. And to consolidate some of these offices that we have around Wake county and around the state. So it still brings ???, but the lease is not the reason that you can’t make plans for transition, because it allows for that transition. Senator Hise says the lease allows condemnation. Now, I want you to use two witnesses that show up in court every day, and they show up in your lives every day. One is human nature, and the other is common sense. Now, what idiot would enter into a contract, thinking that it’s a bilateral contract, giving the other party the total right to walk away from the contract whenever they wants to. That’s not a contract. So if you have a provision in this lease that says that the state can condemn it any time, it’s a unilateral agreement. The state is the only one that has any power under that agreement. The state can say I don’t like it any longer, five years into the lease. I don’t like it. I’m going to condemn my own lease. That’s what’s offending all of these business people. And you’ve heard from a lot of them. Now, I’ve been around this building for a pretty good while. And I saw business people show up last night, at a hearing we had here in Wake County, who I know very well, who I work closely with. This is people of every political stripe that you can dream of, business people with all kind of talent, but who have never set foot in this building. You know, we had Jim Goodmon last week come talk to the committee. Now Goodmon happens to be president of Capitol Broadcasting, one of the biggest CVS affiliates in the country. But, he also started a development company. And Jim Goodmon’s companies created the American Tobacco Complex in Durham. And Goodmon told you that I’ve created 3,500 jobs in that American Tobacco Complex. And yes, I’ve been part of some of the decisions about the kinds of jobs going on. And he has, 3500 jobs, totally revitalized downtown Durham, one of the most vibrant places, not only in the state, but in the South now because of the kinds of jobs that are created in a. New companies have come into the American Tobacco Complex in Durham, not only locally developed, but companies from around the country, and the world. And Goodmon said, look, I’m part of Greg Poole. By the way, Greg Poole has created one of the biggest Caterpillar dealerships in the country. Been involved in our efforts with Caterpillar over the years. They got major facilities in North Carolina. And Greg Poole was the one who, a long time ago, had a vision that we could make Dick’s Park something different. That we could take this place, that’s going to become basically a haven for high rises and commercial development, and we can make it something special. And Greg Poole, republican by the way, solicited the business community around this county, this city, and this state. And they called themselves the Dick’s visionaries, and for eight or nine years, they have been talking to the state, they have been developing plans, they’ve been giving money, millions of dollars themselves, to help develop this destination park, not just for the city of Raleigh, but for the state of North Carolina. The kind of park that you think about when you look at Chicago, or San Francisco, or New York, or other cities. Because they got the vision to see that if Raleigh, ??? was one of the fastest growing areas in the country over the last ten years, in fact grew by 47%, then pretty soon, it’s going to be an area with over two million people. Over two million people, and it deserved a park like other world class places. And that this could be a place to do it. And so, they recruited business people, not politicians like us, but ??? business people in supporting and urging the Raleigh city council to work with the state to create this park. And you saw, over the last three or four days, those business people coming to tell you how important this was. Last night, had a fellow named Temple Sloan, not a slow drag when it comes to business and development.

Founded General Auto Parts, General Parts International. 4400 Sales outlets that sell car parts and you know, you look at all of these kinds of people who've been involved in it. General Parts International, selling conquest, more than half the stores owned by the company that he still sells his ?? out of. Temple Sloan also sells his chair of Howards Properties. One of the most prolific development firms, and office firms in the south, or in the country, Howards Properties. 45 million square feet of space under management. They know about creating jobs. What did Temple Sloan tell us last night? Temple Sloan said that this park has the potential to develop more jobs than anything he has seen other than the Research Triangle Park itself. Because of the kinds of development around it, and the kinds of people that you can attract to it. Now these are people not just names that I'm throwing to you, but people who have the skin in the game, and they know what job development is all about, and the kinds of things to develop it. And you're totally ignoring them. And why are you ignoring them? Because of a vendetta saying that the Governor and the council state didn't have power to do what they did. They been doing it that way for a couple of hundred years. They've been doing it that way for a couple of hundred years, the process they went through to execute this lease is a legitimate process that we use in this state. There's nothing illegitimate about what they did in December. They got with these business folk in the city of Raleigh and decided that we can make this dream and this vision a reality. Now let me tell you this lease was negotiated in good faith and it was executed in good faith, and it was executed in a spirit of partnership. Because those state players understood the potential for job creation, and the potential of a world class park. That would benefit the whole state and its people, and not just the people of Raleigh. Didn't happen in a vacuum, as some people would have you believe. I will tell you two last things. It's not just another park, if Raleigh wanted just another park we got well over a 150 parks in this city, some very good parks. Some of you've been to Pullman Park, Chavez Park, and other parks. This is not just another park like that. We believe in parkland and open space, in this city, and in this county. But this is something special my friends, and I'm not talking to you from the sentimental standpoint. If you really believe in job creation, you talk with those people that I've just mentioned, or you talk to some of the people in Governor McCoy’s commerce department. And they will tell you the potential of this project to create more jobs and all the stuff we've been funding with millions of state dollars over the past several years. They all think that it's more productive potentially, then everything but Research Triangle Park. And I say that again, because that has been the saving grace of a whole portion of this state. 50 years ago, 60 years ago when it was envisioned, nobody thought it would do what it has done. But I suggest to you that 30 years ago nobody thought that Sentinel Campus would do what it has done. And it's future potential over the next 30, 40 years. Not only to continue developing jobs for this area but for our entire state and region. Now it will be something to be concerned about if in fact you were giving land to a private entity. This is a city of Raleigh, it as public as the state of North Carolina. It was created by the state, it can be dissolved by the state. The same taxpayers who pay tax in Raleigh, pay tax to North Carolina. We constitute in this county now 10% of the population and failure to get bent out of shape because you think that someway or other over time the state is getting 20, 30 million dollars less than what it deserves is missing the boat. The state still owns this land, the city is gonna spend over a hundred million dollars in developing a park that the state will own at the end of the lease. The state still has the feed of this land, the state will own the improved park, and can do whatever it wants to with it. And hopefully will take the money that's generated by all the economic activity around it.

care enough to send the five-minute that city at the time with a sense of , and then out editors that offended by that time that's happened to these of system that's happened in that sentence added management's that a ?? at them that's that's the back of the seven of fish that a ?? that's a that in that sense that, that the study , the time the preparation services office that that U.S.- NNM that we've had is updated and as a disincentive- that, that this half-half-dozen that if the knowledge of the county's ??-is-is-that- that-a command of the Vienna ?? size of the U.N. safe area that the defense that about that if time off, and that, ?? that's as it has had enough, seven, eight, 10, and Thailand, the stuff that send that ?? and that's that, that's a sign that the president of-fact that, there's the assessments and has the sense you that that's not do that stuff-to- --classes that hasn't stopped at-bat as for the drive- that makes sense of fairness of the hi-time visitors-innocence and Ennis said that that is to make this is an anti-immigration ??, sex and age to have this is the data from state , sensitive indicator that this means is not something dry-cent-a-vis----- whiz of them have with the CNN-time candidate as that happens, happens as heavy as president of the Medicis me make a chestnut, staying at that stage contract that seven- two-systems this process as it is time to discuss a that he has stopped there's chance to investigate a-half-cent-a even when shows that he and the weapons-high when ex-seven and five-cent- enter the action that some insects that I that the chances mail it, that's a ?? had major gene-hostages escaped a teacher and Ryland-this-and-two, Thompson the incentive I do that, this as if the U.S. and other time the center's spread ¢ was just that the city of form of that the ?? case for the saturated fat that opportunity as a month, when happenstance created when I asked for in the capital city of Carson ?? …..

It has this much beautiful, quality open space in the center of town that could become a central feature to that state's, that city's identity on a going forward basis. Think about the arch in St. Louis. You think all the tourists that come to that arch in St. Louis don't benefit the state of Missouri? Think of Central Park in New York City. All the tourists. My kids, they love running through New York City Central Park. That's tax money that's spent in the state of North, of New York. We have a chance here to benefit the state of North Carolina. I voted to acquire Chimney, Chimney, Chimney Rock to become a state park. That benefits North Carolina even though it's out West. I voted for the yak and valley, yak and river bridge on I-85. Why? Because even though it's located outside of Charlotte it benefits the state of North Carolina. The state is nothing but an aggregation of its component parts of which Wake County is a central element. Red Hat, homegrown enterprise, more than four, five thousand employees nationally, one thousand of whom are moving to downtown Raleigh. Mr. Whitehurst says working together our community recognizes the benefits of appropriately developed land into a destination park, a park on the level of Central Park in New York or Millennium Park in Chicago. Parks like that not only preserve valuable green space for increasingly dense urban centers, they're also economic drivers for their communities. Such a destination park is the next chapter in the growth story of Raleigh and of North Carolina. Why is it that Mr. Whitehurst can understand what's in the state's interest, but you all can't? Your short-sightedness is astounding. Senator Blue did a wonderful job highlighting how irrational your focus and obsession with fair market value is. There are literally dozens, dozens of instances of intergovernmental transfers and leases across the state. Senator Hise, one of your first bills that you passed as a freshman Senator was to allow for the transfer of a vacant prison to your, to the community college in your community for one dollar. That's fine. That is a good use of a public asset for a public purpose. There is no public purpose more public than a park. It isn't going for private development, this lease. It is going for a park for the benefit of every person in this state. Your bill actually will make it substantially more likely that it will be condemned for private developers. I can't wait till the constitutional amendment comes before us about that you can't condemn public property, I mean private property for a private development interest. But what the lease says, what your bill says is if you can't work out a deal with Raleigh, it goes to the highest bidder. Well who's that gonna be? Someone who wants to put a skyrise up. Are there people who wanna put skyrises up in Central Park New York today? You bet there are. Does that make a lick of sense? Of course not. This is an unbelievable once in a lifetime opportunity that you all are throwing away. Ya'll want to change the motto of the state to North Carolina, the state that breaks its contracts. We have a contract valid, we heard it in committee. What this is really about is, this is a late in the session deal. Even Senator Pate, which by the way, you're familiar with Wayne County's transfer of a hundred and twenty nine acres for zero dollars. Zero dollars. Wayne County went to the Old Waynesborough commission. That was a deed, that wasn't a lease. I don't have a problem with that, Senator Pate. Why, because I bet you all are putting that to good use, use that benefits the people of our state. How you can't see that a park is for the interest of the people of the state, I don't understand. Intergovernmental transfer happen all the time. What Temple Sloan, head of Highwoods Property, General Parts International said yesterday is, he said I'm a businessman. I don't break my word, let alone a written contract. The fact that the lease

[Speaker changes.] [Speaker changes.] [Speaker changes.] [Speaker changes.] ...mentions the condemnation, doesn't mean that it is encouraged or contemplated. What it means is it's a breach of the contract. Anybody who negotiates a contract, knows that you put in provisions for breaches. What you are doing is breaching the contract. This story has been in the San Francisco Press. Companies there are choosing, do I wanna' be in San Francisco or do I wanna' be in Raleigh or Wake County. This is the signal you are sending across this country. Someone else testified at our delegation meeting yesterday..."North Carolina's not Venezuela". We don't just appropriate things...expropriate things. Do not turn us into Venezuela. Vote against this very short-sighted legislation. [Speaker changes.] Any further discussion or debate? [Speaker changes.] Mister President? [Speaker changes.] Senator McKissick, for what purpose do you rise? [Speaker changes.] Speak on the bill. [Speaker changes.] You have the floor to speak on the bill. [Speaker changes.] We've heard alot from our Senators from Wake County today but I stand and speak as one of the Senators who's not from Wake County. And in doing so, I think of the unique opportunity we have as a state to honor the contract that we signed. A contract that's legally binding, a contract that we should honor, a contract that we should enforce, a contract that we should recognize. Back away from what would be the wrong thing to do...morally and legally. If you'll look at those unique urban amenities that have been spoken of today, those resources such as Central Park in New York City or Golden Gate Park out in San Francisco...and I look at what we have here in our city's capitol. This unique opportunity, this land which is strategically located in a way that can serve as a regional amenity and I guarantee it, there will be people coming from a hundred miles away, coming to use this park and the facilities that it offers...and not only will it generate growth on its borders and on its periphery, not only will it enhance the quality of life for those that use its facilities, but it does something positive in terms of identification of the city of Raleigh, our state's capitol for what it has the potential to become. I hear about these compensation arguments but these compensation arguments vacillate so much from week to week, month to month...depending upon whether it's a prison, whose district it's in...depending upon whether it's an airport in the city of Charlotte...and you're taking away from the city and giving to a wholly new independent entity and ?????? say we're gonna take the debt and we're not gonna reimburse you and compensate you for the years and millions of dollars that went into it. Let's be consistent. If we're gonna sit here and use fair market value, use it consistently. Let's not vacillate from week to week, month to month, depending upon what's convenient and what the issue of the day happens to be. If you sit here and you go out there and you do a fair market evaluation, based upon the use of this property as park land, my best guess it's gonna come back and it's gonna say that, basically what the city of Raleigh's paying right now would've been fine. If you look at highest and best use, putting skyscrapers in there, that might be a wholly completely different outcome. But when you have this unique opportunity, to preserve 300 acres right in the midst of an urban area...and to create something new, distinctive as a destination...that will improve the quality of life, not only for those in Raleigh and Wake County, for those throughout the state of North Carolina...all those school kids you see, coming through here on a regular, on-going basis...coming to view the museums. All the others that will come as a destination, all those businesses that will want to be near that destination...we should do it! And we should help the city of Raleigh and help these leaders and do all that we can to help this dream come to fruition. [Speaker changes.] Mister President? [Speaker changes.] Senator Rucho, for what purpose do you rise? [Speaker changes.] If Senator Hise would answer a question please? [Speaker changes.] Senator Hise, yield for a question? [Speaker changes.] I will. [Speaker changes.] Thank you, Mister President. Senator Hise, is there anything in this bill that prohibits the city of Raleigh, at some point in the future, from having a park as being described here? [Speaker changes.] No sir. There is actually the opposite, in that the requirement when we go back to the master plan...that Raleigh is that they give it the first right of refusal on the lease of property to have the park that they intended to have. [Speaker changes.] Follow up? [Speaker changes.] Senator Rucho follows up. [Speaker changes.] Senator Hise, as part of our legislative responsibility and fiduciary responsibility since many of us at the time of the decision....

And ask that it be delayed because of the fact that there were some questions about the lease and some of the lease we didn’t even get a chance to see it until after the cabinet had reviewed it. But the covenants and restrictions it’s my understanding requires that this money that is accumulated from this property, be used for mental health or any kind of activity would be used for mental health in the state. Is that correct? [SPEAKER CHANGES] That is correct. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Senator, do you yield for a follow up? Senator Hise, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Yes sir, thank you. I guess the last question is, therefore shouldn’t we as a legislative body have the fiduciary responsibility to be sure that the best price and this is representing all the people of the state of North Carolina, not just Raleigh. But the best price that is available so that money could have its most effective use in helping mental health as is required by that property? [SPEAKER CHANGES] I believe that is our duty and our obligation. [SPEAKER CHANGES] Thank you, sir. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] See if Senator Hise will yield for a question. [SPEAKER CHANGES] Senator Hise, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator Rucho just asked and you responded that this legislation does not prevent the city of Raleigh from having a new lease issued over the park land. Is it for the same property for which they have a current lease? [SPEAKER CHANGES] They have the option for entering into the park based on what is left over from the planning process of the state in 2007, 2008. If that planning process determined that parts of the property would be better used for the new headquarters for the Department of Health and Human Services or others, then the remainder of the property which I think comes to close to about 300 acres, would be available to the city of Raleigh to have a park. [SPEAKER CHANGES] Follow up question. [SPEAKER CHANGES] Senator yield for a follow up? [SPEAKER CHANGES] To make sure I understand, the city of Raleigh currently has a lease for the entire 300, approximately 300 acres. And that what your bill in section 4 says, lines 31 to 33 on page 2, or at least that was the original bill before the amendment, is that the city can only lease what is the former landfill and the flood plane, which is to the west, but the rolling hills with the oak trees, the beautiful part of the park that looks out to the skyscape of Raleigh, is not even eligible for them to get a lease. [SPEAKER CHANGES] Mr., that would not be accurate. I think, I don’t know the ?? we did in the committee presentation some graphical representations of the two options that were originally presented in the last state plan. It is my believe that somewhere around the neighborhood of 260, 270 acres of the 310 that is originally there, would still be available for lease. Depending on which one of those two options were considered the best use by the state, and provided for the relocation of nearly 1800 state employees that currently work on that site. [SPEAKER CHANGES] Final follow up. [SPEAKER CHANGES] Senator, do you yield for a follow up? [SPEAKER CHANGES] So you believe, and I do not believe I am inaccurate, in stating in section 4A, lines 31 to 33, I’ll just draw your attention to it, the Department of Administration shall lease at fair market value, a portion of the property identified in the 2007 state government facilities master plan as suitable for a public park. I am exceedingly familiar with what that map is and what the master plan looks like and it only includes a portion and it is the portion which is flood plane and are you saying that I’m wrong? [SPEAKER CHANGES] There are two options presented in that plan and both represent about 80 to 85% of the park property that they are currently discussing. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Blue, for what purpose do you rise? [SPEAKER CHANGES] Will Senator Hise yield for a question? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator Hise, you heard me read a list of various leases, and leases particularly and even deeds that the state had entered into with other governmental entities. Are you familiar with those transactions? [SPEAKER CHANGES] I’m familiar with some of those transactions. [SPEAKER CHANGES] Do you think it would be fair, since you figured out a way you think to condemn this lease, for the state to go back and collect fair market value for the other leases that it has entered into over the last ten years? [SPEAKER CHANGES] Senator, I would agree that none of those leases that I’m aware of involved the relocation of state employees from a current work site, none of those had a specific law that was involved, that required before that agreement could be entered into, that we made a relocation plan

...for those State employees, we failed to do so, but in this Dix property, it is clear that there is many State employees working there. A significant percentage of all of the HHS employees in the State. Almost 17,000 - 18,000 individuals working out there, that no plan was made for their reallocation or what to do with those individuals. And simply saying you can figure it out in 15 years does not constitute a plan. I will also talk about you brought up the first bill I read for ?? Community College, the property transferred from the Department of Corrections. Community College intended to use for law enforcement training. A process that took so long in moving that by the time the property transferred there was but one use left for the property. It had been vandalized and decayed to the point that the local fire departments were able to use it for fire training. That's what was left of that department because they had to burn it to the ground, because it had been so mismanaged by the State and lost its value. [SPEAKER CHANGES] Follow up? Another question. [SPEAKER CHANGES] Senator Hise, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator yields. [SPEAKER CHANGES] Do I take that to mean that your answer is you don't think the State ought to go back and collect the fair market value for these other leases and deeds that it's entered into? [SPEAKER CHANGES] I take it to mean that the State should follow its own laws and when the State fails to follow its own laws, additional action is sometimes required. [SPEAKER CHANGES] Another question, Mr. President. [SPEAKER CHANGES] Senator, do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Senator Hise, are you aware of the fact that if the State has not followed its own laws, there are procedures in the court to rectify the State not following its own laws? As opposed to the General Assembly unilaterally going back on the State's word and voiding a lease? So that we're the ones not keeping the word of those who have the authority to make it? [SPEAKER CHANGES] Mr. Senator, I am also aware that there is wording in this language that allows for any entity that has the authority to condemn that property and to do so without compensation back to the lessee. That's the agreement the City of Raleigh entered into in coming forward. [SPEAKER CHANGES] Any further discussion or debate? Senator Nesbitt, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. To speak on the bill. [SPEAKER CHANGES] You have the floor, Senator. [SPEAKER CHANGES] Thank you, Mr. President and members of the Senate. I feel like I need to bring a little something else into this conversation. I've raised it on several occasions, where we are taking assets from other people as if we have the absolute power of, we're the deciders about who gets to keep whatever they've got. We finally got the opinion in the Rucho case, as I'm sure it will become known as it works its way to the Supreme Court. And basically, I'll read this from the summary here from Vance Holloman. And you all, I'm sure, have the opinion. You can read it for yourself. He states that, as the opinion states, "It raises a number of legal issues including potential claims of bondholder rights under the contract clause of the United States Constitution, potential events of default under the documents governing the issuance of the city's revenue bonds, potential violation of GS 15993, the State's agreement with holders of revenue bonds such as city airport revenue bonds." Moreover it goes on to discuss, "These issues identified with Senate Bill 81 give rise to matters that have never been decided by our courts and we believe the legal uncertainty could result in potential long litigation." And here's the important piece. This is the one I keep telling you all that we're wading into. "Furthermore, we believe such a legislation could have an"... [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose... [SPEAKER CHANGES] Inquire the Chair, please. [SPEAKER CHANGES] Senator? [SPEAKER CHANGES] Are we talking about Dix property or Charlotte Airport? I'm confused. [SPEAKER CHANGES] Senator? [SPEAKER CHANGES] Thank you, Mr. President. We're talking about the State having to begin to disclose on bond issues for Henderson County or Mitchell County for Fayetteville that...

And I’m fixin’ to read the paragraph [CROSSTALK] ?? In reference to our rules I think it’s rule 16 or something where we come back and debate a bill we’ve already voted on. I think we’re getting awfully getting close to violating that rule. Thank you. [SPEAKER CHANGES] Senator Nesbitt please your comments focused on the bill at hand. Thank you. [SPEAKER CHANGES] Thank you sir. If we continue with this bill and we take another piece of property that does not belong to us from a city, he has said the fact that a North Carolina Government issuer of bonds which Wade county is has lost ownership and control of an asset as a result of the General Assembly action would have to be disclosed in the official statement of any future revenue bond offering. The disclosure could affect the cost of borrowing and the desirability of North Carolina revenue bonds. Now I know we don’t like facts around here and we don’t want to hear anything that doesn’t back up what we’re doing. But when you start in this state to violate contracts and violate those two principles that Senator Blue brought up a while ago it has ramifications. We lose our ability to be trusted by the business community. Certainly by bond holders by the people of this state. And if you think this thing’s got anything to do with mental health you ain’t been looking. For those of you who still have an LME left their fixin’ to try to merge them all down to just as few as they can possibly have. When they gave us the waiver which gave us flexibility to manage our LMEs they cut the money 15% over what they had spent as the state of North Carolina on Medicaid the year before. And said now they won and you make that work. Well you cain’t make that work. Those are entitlement programs. Now they slowed down after finished ruining ours. But the’re coming for yours. We took a severe cut in the money, in the, in the reserve accounts that the various LMEs had which gave them financial stability. There’s been nothing I’ve seen around here in the last two years and there could be good reason for it. I mean you can say we don’t have any money. We had to do what we had to do. But I haven’t seen us move mental health up forward. You’re not going to put mental health treatment back on the Dix property. If you do you’ll pay for it 100% with state funds cuz they’re not going to let you put them in those buildings and pay you Medicaid. We have got to start livin’ up to our word. And I thought well the Democrats can’t tell y’a. The lawyers can’t tell y’a. Nobody will listen to any of them. Maybe the business community they can tell y’a. And they came to our finance committee the other day and they told y’a. How are we to believe anything you say from now on? You’re gonna damage our ability to grow, our ability to bring companies to this state, our ability to be respected, for potentially the bond rating at least of local governments and potentially that of the state. And I ask that we please stop this nonsense before we destroy the integrity of this state. This is the integrity of this state. Our ability to be trusted. And I ask you to vote against the bill. [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 334 as amended 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. Bingham aye. 29 having voted in the affirmative and 21 in the negative. The committee substitute Senate bill 334 as amended 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 the committee’s substitute Senate bill 334 as amended

on its third reading will say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed "no"? [SPEAKER CHANGES] No. [SPEAKER CHANGES] The "aye"s have it. Committee substitute to Senate bill 334 as amended passes its 3rd reading, the amendment will be engrossed and sent to the House. Senators, upon the motion of Sen. Rabin of Harnett county, Chair would like to extend courtesies of the gallery to Carolyn Brewington, vice-chair of the Harnett county GOP, and Carolyn why don't you stand and be recognized. Thank you for being here today. Senators, we're going back to the calendar. We have one bill for concurrence. Senate bill 45, the clerk will read. [SPEAKER CHANGES] Senate bill 45. In capacity to proceed amendments. [SPEAKER CHANGES] Sen. Randleman is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President. Ladies and gentlemen, with consent, the House made 2 technical changes to the bill. This bill did pass the Senate and the House unanimously, I move that we concur with the House committee substitute for Senate bill 45, and we need to vote green. Thank you. [SPEAKER CHANGES] Sen. Randleman recommends that you concur. Is there any further discussion or debate? Hearing none, the question before the Senate is the passing of House committee substitute to Senate bill 45. All in favor will vote "aye", opposed will vote "no", 5 seconds will be allowed for the voting, the clerk will record the vote. Allran, Pate, "aye". Allran, "aye", Bingham, "aye". Tucker, "aye". McKissick, "aye". Barefoot, "aye". 50 having voted in the affirmative and 0 in the negative the concurs in the House committee substitute for Senate bill 45, and the bill will be enrolled and sent to the Governor. Senators we do have a nurse with us today, our nurse of the day is Elizabeth Liza Elliot of Sanford, North Carolina. Elizabeth thank you so much for being with us, we appreciate your service. We'd also like to take this time to recognize our pages for the week. So the pages, if you would come forward to the front of the dais here to be recognized. The clerk will read. [SPEAKER CHANGES] Pages serving in the chamber this week: DeeDee Anthony, Reagan Booth, Rebecca Chisham, Davis Colton, Sara Finney, from Munroe, Maya Finneau from Durham, Jacqueline Greely from Marshalville, Katie Honnecker, Raleigh, Spence Hutchinson from Durham, Jenna Johnson, Benson, Tim Jordan Jr., Winston-Salem, Christina Stone, Cary, Matty Tart, Benson. Matt Taylor, Wilson. Nick Thomas, Gastonier, Rosalyn Ward, Garner. Cole Wicker, Bear Creek, and Jackson Yulverton II from Eureka. [SPEAKER CHANGES] Pages we thank you for your service this week and look forward to working with you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Sen. Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, motion please. [SPEAKER CHANGES] Sen. Apodaca has the floor for a motion. [SPEAKER CHANGES] Senate bill 422, revised controlled substances reporting, current committee on rules move that it be removed from rolls and be sent to J2. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Sen. Gunn, for what purpose do you rise? [SPEAKER CHANGES] To send forth a committee report out of order. [SPEAKER CHANGES] Senator, you can send forward your committee report out of order. Clerk will read. [SPEAKER CHANGES] Sen. Gunn, for the commerce committee, submits the passage, Senate bill 228, unfavorable as to bill, but favorable as to committee substitute bill,

and act providing that a unit owner in a condominium, and a lot owner in a planned community shall afford access to a limited common element assigned or allocated to the owner's unit or lot, to the association and when necessary to other units or lot owners for the purpose of conducting maintenance, or repair, or replacement activities, providing that a unit or lot owner is legally responsible for damage to a limited common element caused 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. [SPEAKER CHANGES]Senate Bill 228, calendar. [SPEAKER CHANGES]Mr. President. [SPEAKER CHANGES]Senator Goolsby, for what purpose do you rise? [SPEAKER CHANGES]Announcement. [SPEAKER CHANGES]Senator, you have the floor for an announcement. [SPEAKER CHANGES]Will absconded members of the Justice and Public Safety Appropriations Committee will please bring their Governor's budgets with them when they attend the meeting tomorrow morning at 8:30. Thank you, Mr. President. [SPEAKER CHANGES]Mr. President. [SPEAKER CHANGES]Senator Brown, for what purpose do you rise? [SPEAKER CHANGES]An announcement. [SPEAKER CHANGES]You have the floor, Senator. [SPEAKER CHANGES]Republicans will caucus immediately after session. [SPEAKER CHANGES]Mr. President. [SPEAKER CHANGES]Senator Brunstetter, 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'd just like to sent forward a senatorial statement supporting Transverse Myelitis Awareness Day, and ask that it be read into the journal after the general session. [SPEAKER CHANGES]Senator, you can sent forward your statement. [SPEAKER CHANGES] Sir. [SPEAKER CHANGES]Do we have any other notices or announcements. [SPEAKER CHANGES]Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES]To make an announcement [SPEAKER CHANGES]Senator, you have the floor for an announcement. Thank you, Mr. President. Ladies and gentlemen of the Senate, the Ag. and Rural caucus will be meeting tomorrow morning at 7:30 AM in Room 414, and we have our State FAA Director coming to speak to us, and we'd appreciate your support. Thank you. [SPEAKER CHANGES]Do we have any other notices or announcements. [SPEAKER CHANGES]Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES]To see in Senator Tillman will yield to a question. [SPEAKER CHANGES]Senator Tillman, do you yield? [SPEAKER CHANGES]Yes, I would. [SPEAKER CHANGES]Senator Tillman, will the Education Committee be meeting tomorrow? [SPEAKER CHANGES]Education Committee will meet at 10:00 o'clock tomorrow in 544, to take up the Charter Public School Bill. [SPEAKER CHANGES]Do we have any other notices or announcements? Do we have any other business to come before the Senate? If not, the Senate recognized Senator Berger for a motion. [SPEAKER CHANGES]Thank you Mr. President. I move that the Senate now adjourn, subject to the introduction to bills and resolution, and the receipt of messages from the House and the Governor to reconvene on Wednesday, March 27th, 2013, at 2:00 PM. [SPEAKER CHANGES]Motions to the Senate do now adjourn, subject to the stipulation stated by Senator Berger, to reconvene Wednesday, March the 27th, 2:00 PM. Seconded by Senator Soucek. All in favor say aye. [SPEAKER CHANGES]Aye. [SPEAKER CHANGES]All opposed no. The ayes have it. The Senate stands adjourned.