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Senate | June 10, 2014 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order, Sergeant of Arms will close the doors, members will go to their seats. Members and guests of the gallery will please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate chaplain, all members and guests of the gallery please stand. [SPEAKER CHANGES] Let's pray together. Heavenly Father, we deal with so much more than meets the eye here and we thank you for creating all there is. We thank you for giving us structures in society to order our lives. All intended to be agents of your good grace and your good purpose, and Lord I pray that these structures that we are involved with right now will the power of the principle here, the power of darkness. No, Lord, we pray against rebellion. We pray Lord that you will enter in and have your way with us. May your sovereign grace invisibly bring us back to your proper place of humility. Underneath your leadership, Lord, and those that need your corrective voice, refine our sense of being called to something greater than ourselves. And Lord, give us the power to become agents of your redemptive work around this state. In Jesus name that we pray, Amen. [SPEAKER CHANGES] Members upon the motion of Senator Jeff Tarth of Meckleburg County, the chair is happy to extend courtesies to Christopher DeMilo and his family. If you're in the gallery, if you could please stand. Reports of standing committees. Members, we are going to move on to the calendar unless there is something else before then. Calendar, public bills, second reading, Senate Joint Resolution 879, the clerk will read. [SPEAKER CHANGES] Senate Joint Resolution 879 honor Zeb Alley. May the rules be suspended to the end that the Senate Joint Resolution 879 be read in its entirety. [SPEAKER CHANGES] Without objection. Members, in preparation of Senate Joint Resolution 879, the Sergeant of Arms will secure the doors and pages will be seated. Members and staff are reminded to stay seated during the resolution. Clerk will read. [SPEAKER CHANGES] Senate Joint Resolution 879. The joint resolution honoring the life and memory of Zebulon Doyle Alley, former member of the joint assembly. Zebulon Doyle Alley was born on August the 9th, 1928 in Sylva, North Carolina to Doyle Davis Alley and Edith Powell Alley and where Zebulon Doyle Alley attended the public school of Hayward County before transferring to Oakridge Military Academy, and whereas in 1948, Zebulon Doyle Alley joined the United States Army and served until 1950 when he entered the Enlisted Reserves and whereas Zebulon Doyle Alley was soon called back to active duty when the Korean War broke out and served as a forward observer in the 38th infantry regiment. On March 3, 1951, he was involved in an intense battle in which he distinguished himself heroically, risking his own life for his fellow soldiers. He was seriously injured but recovered and was awarded the Bronze Star with the "V" device for valor and a Purple Heart for his service. And whereas Zebulon Doyle Alley returned from the war to complete his undergraduate in legal education at the University of North Carolina at Chapel Hill. And whereas Zebulon Doyle Alley was Assistant Director of the Institute of Government of the University of North Carolina, practiced law with former Chief Justice Joe Branch, and served as a state attorney to the Federal Land Bank, and practiced law in Waynesville, NC. And whereas Zebulon Doyle Alley was elected to the North Carolina Senate in 1971, represented a district that included his home town of Waynesville

And whereas Zebelain, Doyle and Alley went on to serve the citizens of the state including governor’s legislative liason, commissioner on NC Alcoholic Beverage Control, commissioner on the NC course commission, and chair of the state capital foundation board of directors, among others. And whereas Zebelain, Doyle and Alley had an unmatched career in private practice, as a lobbyist, having been ranked #1 on the list of most influential lobbyists by the center for public policy research for 16 consecutive years. And whereas Zebelain, Doyle and Alley passion was pro bono representation for the state’s veterans for 25 years. And whereas Zebelain, Doyle and Alley passed away on Thursday, July 11, 2013, at the age of 84. And whereas Zebelain, Doyle and Alley is survived by his sons Doyle D. Alley II, Randall D. Alley, and brothers John H. Alley and Charles P. Alley, and granddaughter, Miranda Alley. Now therefore, be it resolved, by the Senate, the House of Representatives concurring, Section 1, the General Assembly honors the memory of General D. Alley and expresses appreciation for his life and service to the people of his community and this state. Section 2, the General Assembly extends its heartfelt sympathy to the family of Zebelain, Doyle and Alley for the loss of a beloved family member. Section 3, the Secretary of the State shall transmit a certified copy of this resolution to the family of Zebelain, Doyle and Alley. Section 4, the resolution is effective upon ratification. Chairman: Senator Jackson of Mecklenburg is recognized. I’m sorry Senator Davis of Macon, I apologize. Senator Davis: Thank you Mr. President. Ladies and gentleman of the Senate I am honored to serve in the same district in which Zeb served, and although I have heard of his service, and the legend of Zeb Alley, before I got here, I never got to meet him or talk to him. I met him one day in Representative West’s office, and he treated me with extreme graciousness and friendliness. I thought, because I was from the mountains, and representing his district, that he was really embracing me at that time, but what I found out was that Zeb treated everyone that way. I am sure that there are a lot of stories from those members who served here while he was an active lobbyist, and I am sure we will here some of those stories, but as a Senator in the 50th district, I commend this resolution to you, to honor the icon Zeb Alley. Thank you. Chairman: Apodaca, for what purpose do you rise? Representative Apodaca: To speak on the resolution. Chairman: You have the floor. Rep. Apodaka: Thank you Mr. President and members. I too, like Senator Davis, first met Zeb in Roger West’s office, that was also Zeb’s office and he would hold court daily. Then, I started going, I know you are going to find this hard to believe Senator Ruccho, to the cafeteria in the mornings for oatmeal and, no matter what time I arrived, Zeb was already there. I was trying to think of a story or a joke that Zeb told me, but with the kids in the room, I really can’t think of one I can share. He was always a friend to everyone, and he was a historian, which we cannot replace in this building. He had been around for so long, and knew so many things, and was always a good soul, but always a mountain man. He never forgot where he came from. He would always say, now and then, that he had a distant relative that was a Republican, but would not discuss that at family functions. He said that more often as time went on, especially after 2010. Zeb was a mountain man. He was a good man, and will be dearly missed – he already is. Thank you. Chairman: Senator Tilman, for what purpose do you rise? Rep. Tilman: To speak on the bill. Chairman: You have the floor. Rep. Tilman: Let me take it a little further about those morning meetings down in the cafeteria. Zeb wanted his bacon cooked crispy, and every morning. Later…

On George’s last days, and he was there up until about two weeks probably before he couldn’t get out – maybe three. And you have Donny here, Apodoka here, Harry Brown there, me over here, who did get there before Zeb, but not much before him. No, we cannot tell the tales that were told there, but Roger West would join us every now and then and the stories would really get way out there. Some of Zeb’s favorite times were those times in the mornings when he could talk about, especially when he and Roger West and Don East got together up in the mountains at one time - they had a tremendous amount of fun. You know Zeb spent a lot of time supporting the military, and he gave us all these flags and was wanting us to be sure we wore them. He was truly a patriot. He was involved with former governor Hunt‘s library project over at the Centennial Campus. They had a lot of things going on, and Zeb was very gunho about that, and was actively involved in that right up until his last few days. So, I certainly recommend a resolution Senator Davis and thank you for doing that. Chairman: Senator Brown, for what purpose do you rise? Senator Brown: To speak to the resolution. Chairman: You have the floor. Brown: Thank you Mr. President. Senator when you were with Zacharia those mornings, in the cafeteria we are always entertaining to say the least – to get your day going. You are right, when you had Roger, Don and Zeb, getting that conversation going, you never knew what might come out. One of the things I can remember the most about Zeb is the military piece. I can remember on several occasions, I would be in Jacksville, at a military ceremony of some type, and I would look up and there would be Zeb. He would always go to those events, and they were gratuitis, they never charged him. I know the Marine Corp Museum was something he had a passion for in Jacksville and he represented them for no charge. So he had a passion for that. He gave to the military any way he could to support them and all their endeavors. I have a vision of Zeb right now, and I promise you, it is he and Don East having a conversation, and I bet there will be 20 people in that little circle laughing just as hard as they can. So I recommend this resolution. Chairman: Further discussion or debate? Senator Bloom, for what purpose do you rise? Senator Bloom: To speak to the resolution. Chairman: You have the floor. Bloom: Thank you Mr. President. You know back in ‘81 or ‘82, governor Hunt brought Zeb over to Raleigh to basically implement his legislative program, immediately Zeb sought out all us young fellows who had just gotten here and it was about 15 of us I reckon, and started laying out what the governor wanted. I commented to one of my colleagues that he was a sort of strange fellow – he sort of comes at you and assumes you are going to do and this and that, but that their [xxbellie??]. He ended up being what I called North Carolina’s great treasures, he was very involved in the last effort we had to increase the ability to build the infrastructure of this state, and I remember distinctly in ’83 or ’84, that Loch [Fairclaugh??] was the Secretary of Transportation, and they have this idea where Moore headed a committee to put an extra nickel on gas to build highways – this was before the highway trust fund. That thing was pretty much dead: couldn’t get the votes out of the committee, kept being one vote difference and stuff. So, the governor dispensed Loch to work on some folk, Loch was a democrat then, and Zeb to work on others, and finally he would bring it out of the finance committee, and I learned a lot about Zeb’s style of operation, and got to be good friends with him. He understood people and took the time to make sure you understood exactly what he was trying to achieve, that he wasn’t trying to put anything over on you. He respected people and he found value in everybody with whom he dealt. He was a great traveling companion. Over a 20 year period, probably 2 or 3 times a year, we traveled together to different places – legislative events and things of that nature, and…

South Beach, or New Orleans, or San Diego, or Mexico. The many many other places. Zeb was always there, always looking out for all the North Carolinians he could put his hands on, and that he could gather together without expecting anything in return. I remember distinctly once we were in New Orleans, I was hanging around on Bourbon Street. I had my daughter so I was behaving on Bourbon Street. And Zeb had seen this mule a couple blocks up from where we were. And he sent somebody to come get me right quick, and I found him after I wandered through the crowd. Found Zeb and he had followed this mule around. And the mule was named Aretha. And Zeb said, you won’t believe what this mule can do. Now you and I are two of the few people in the state who really understand the virtue of mules. But you won’t understand what this mule could do. So he says get in this wagon and we’re going to take a ride. And so we got in the wagon and pulled up to the corner. And the driver said, Aretha, speak to that guy standing on that corner there. Aretha reached over, shook her head, and then the guy said Aretha, kiss that fella standing on that corner. Aretha reached over, kissed the fella standing on the corner. I said Zeb somewhere or other you must have figured out that you could pay this guy to do all of this stuff. This can’t be for real. This mule ain’t doing all of that. But that was just Zeb. He’d find something that was very interesting and he would seek you out to make sure that you could get the same experience. Zeb was an interesting guy because he was very, very smart. But he came on as if he was just one of the old guys, sort of bumming his way through, but a very great fella. And again, he knew how to break things down so everybody understood it. And if you really wanted to know Zeb, and this applied to Democrats, Republicans, staff, anybody who would come over him, he used to routinely have hoards of legislators at his house in East Barton. And the older ones would leave early. Early being nine and ten o’clock. The younger ones would stay until one or two o’clock in the morning. Checking their stakes and various other things and listening to Zeb tell his stories. Some of them funny, some of them very serious. Again, I think that we sometimes forget that people are multi-dimensional. And we tend to deal with them in the boxes in which we’re comfortable in dealing with them. Zeb lived north of the state capitol, more than any other single individual. The World War II monument, World War I monument that you see there, Zeb had to fight like all get-out to get that statue placed on the capitol grounds. Zeb helped lead the effort to restore the historical chambers, by helping to sell chairs, many people bought chairs. Members bought chairs that were replicas of the original chairs in those two chambers. But he was constantly doing civic kinds of things, in addition to the things that we saw him do over at the legislature. So he was a great North Carolinian, he contributed immensely, he was a friend to all, and not just a war hero but a hero in any dimension or in any respect that you want to think about him. And I’m proud to have called him a friend. [SPEAKER CHANGES] Further discussion or debate. Hearing none, the question before the senate is the passage of senate joint resolution 879 on its second reading. All in favor will vote aye. All opposed will no. Five seconds will be allowed for voting. The clerk will record the vote. 50 having voted in the affirmative and none in the negative. Senate joint resolution 879 passes its second reading and without objection will be read a third time. [SPEAKER CHANGES] North Carolina general assembly enacts. [SPEAKER CHANGES] Is there further discussion or debate? Hearing none, all in favor of the passage of senate joint resolution 879 in its third reading will stand and say aye. All opposed no. The ayes have it, and senate joint resolution 879 passes its third reading and will be sent to the house by special messenger. Members you can have a seat now. I just wanted to add a little bit to the discussion. Zeb loved a lot of things. But I don’t think he loved anything more than he loved veterans. And Zeb was

One you could always count on to look after the interests of our veterans and any veterans that happen to find a way into North Carolina or particularly into the Legislative building. And I can remember, many times, having meetings with Zeb and a group of veterans and always, always, Zeb was the chief and primary spokesperson for all those veterans. And not withstanding the fact that veterans have a special place in the hearts of many, I would say that in the heart of Zeb they were, they were clearly number one. So we are proud in the Senate to count him as a former member. And we are proud to have seen him as our colleague and our friend for a long period of time. Members we have a number of people in the gallery and on the motion of Senator Jim Davis of Macon County, the Chair is happy to extend courtesies to the family of former Senator Zeb Alley. And as I call your name if you would please stand. Doyle Alley, the 2nd, Randall Alley, Anne Hoover-Alley, Charley Alley, Kathy Alley, Chip Killian, Dr. Dale Hover, and Miranda Alley. These are members of Zeb's family who are here and members I would ask that you recognize them. [APPLAUSE] Thank you for being with us today and thank you for sharing Zeb with us for all those years. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Two motions please. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Senate Bill 810. Federal red light changes need, is currently, I don't know where it is, but I need to add a serial referral to the finance committee. [SPEAKER CHANGES] Not objection. [SPEAKER CHANGES] House Joint Re-, oh we did that. Thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] For what purpose do you rise? [SPEAKER CHANGES] I send forward a report from the Senate finance committee. [SPEAKER CHANGES] Send forward your report. Clerk will read. [PAUSE] [SPEAKER CHANGES] Senator Rucho for the Finance Committee submits a passage. House Bill 573, Committee Substitute Number One. Stonewater Management fee used as a favorable. Senate Bill 853. Business court amortization, favorable. House Bill 133, Committee Substitute Bill Number One, unfavorable as to Committee Substitute Bill number one, but favorable as to Committee Substitute Bill “Clinton/Use Design-Build Method”. Long title, "An Act to Clarify That the Charlotte-Douglass International Airport Commission is an Agency Within the City of Charlotte. And to Extend the Charlotte-Douglass International Airport Oversight Committee by One Year." House Bill 133, Committee Substitute number one, unfavorable as to Committee Substitute Bill Number One, but favorable as to Senate Committee Substitute bill titled, "An Act to Clarify That the Charlotte-Douglass International Airport Commission is an Agency Within the City of Charlotte. And to Extend the Charlotte-Douglass International Airport Oversight Committee by One Year.." [SPEAKER CHANGES] House Bill 8-, I'm sorry. House Bill 573 calendar. Senate Bill 853 has a sequential referral to J1 and House Bill 133 calendar. [RECORDING ENDS]

Further committee reports. Notices 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 Meredith, for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Commerce will meet tomorrow at 3:30. [SPEAKER CHANGES] Senator Daniel, for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President. The Senate Transportation Committee will meet tomorrow at 11 am, at the regular time. The calendar should be posted shortly. [SPEAKER CHANGES] Senator Robinson? [SPEAKER CHANGES] Just a moment of personal privilege. Do you want me to wait until all the announcements are…? [SPEAKER CHANGES] Yes ma’am. We’ll see. Senator Newton. [SPEAKER CHANGES] Thank you, Mr. President. Make an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Members of the J1 Committee, after a spirited meeting this morning we have other business to conduct, and sometime tomorrow at some place yet to be determined we’ll have another J1 meeting, so be on the lookout for that notice and announcement. And the bill we’ll take up is the one that we’ve already had on your agenda and sent out to you by PCS, so we may take up some other items too. Thank you. [SPEAKER CHANGES] Are there further notices or announcement? Senator Blue, for what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. To make an announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] The Democrats will caucus immediately after session in our regular meeting place. [SPEAKER CHANGES] Other notices and announcements? Seeing none, Senator Robinson is recognized for a point of personal privilege. [SPEAKER CHANGES] Thank you, Mr. Chair. Members, I would like to bring your attention to a notice you received earlier from Senator Bryant and myself regarding tomorrow’s Delta Sigma Theta day here at the capital, and those of you who’ve been here have seen every year all the ladies walking around in red, especially Senator Apodaca; he’s nodding his head. So if you will… they’re from your districts, they’re from all over the state, there are thousands of them – you’ll only see a few hundred tomorrow – so we’d appreciate if you would see them, talk to them regarding the issues they have, and tomorrow they’re certainly… We’ve invited Senator Berger to come out to speak to them as well, and you can find them at different places tomorrow and they’ll be recognized here, so I thank you for receiving them. [SPEAKER CHANGES] Other further notices or announcements? Is there further business to come before the Senate? If not, the Chair recognizes Senator Pate for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn, subject to messages from the Governor, the introduction, referral and re-referral of bills and resolutions, the receipt and the re-referral of committee reports, and ratification of bills, to reconvene on Wednesday June 11th 2014 at 9:30 am. [SPEAKER CHANGES] Senator Pate, it’s my understanding that the 9:30 meeting time will be a skeletal session and business will not be conducted until later in the day at 2 o’clock. Is that correct? [SPEAKER CHANGES] That’s correct, sir. [SPEAKER CHANGES] With that clarification, the motion is that the senate do now adjourn, subject to the stipulations stated by Senator Pate, to reconvene Wednesday June 11 2014 at 9:30 am, seconded by Senator Blue. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it and the Senate stands adjourned.