JOURNAL OF THE SENATE OF THE 2003 GENERAL ASSEMBLY OF THE STATE OF NORTH CAROLINA SECOND SESSION 2004 This publication is printed on permanent, acid-free paper in compliance with the General Statutes of the State of North Carolina. 346 copies of this publication were printed at a cost of $15.90 per copy. OFFICERS AND MEMBERS OF THE SENATE OF THE NORTH CAROLINA GENERAL ASSEMBLY 2003 SESSION SECOND SESSION 2004 BEVERLY E. PERDUE, President .................................................................... New Bern MARC BASNIGHT, President Pro Tempore ......................................................... Manteo CHARLIE S. DANNELLY, Deputy President Pro Tempore ...............................Charlotte JANET B. PRUITT, Principal Clerk ......................................................................Raleigh TED HARRISON, Reading Clerk ...............................................................................Cary CECIL GOINS, Sergeant–at–Arms ........................................................................Raleigh DISTRICT NAME OF SENATOR CITY OF RESIDENCE 1 MARC BASNIGHT (D)……………………………………………Manteo 2 SCOTT THOMAS (D)…………………………………………..New Bern 3 S. CLARK JENKINS (D)………………………………………….Tarboro 4 ROBERT L. HOLLOMAN (D)……………………………………Ahoskie 5 TONY P. MOORE (R) (Party Switch 11/24/03)……………….Winterville 6 CECIL HARGETT (D)…………………………………………...Richlands 7 JOHN H. KERR III (D)………………………………………….Goldsboro 8 R. C. SOLES, JR. (D)……………………………………………Tabor City 9 HAYWOOD E. “WOODY” WHITE (R) (Appointed 5-5-04)…Wilmington PATRICK J. BALLANTINE (R) (Resigned 4-19-04)………...Wilmington 10 CHARLES W. ALBERTSON (D)……………………………….Beulaville 11 A. B. SWINDELL IV (D)…………………………………………Nashville 12 FRED SMITH (R)………………………………………………….Clayton 13 DAVID F. WEINSTEIN (D)……………………………………Lumberton 14 VERNON MALONE (D)…………………………………………...Raleigh 15 JOHN H. CARRINGTON (R)………………………………………Raleigh 16 ERIC M. REEVES (D)……………………………………………...Raleigh 17 RICHARD Y. STEVENS (R)………………………………………….Cary 18 RALPH A. HUNT (D) (Appointed 4-21-04)………………………Durham WIB GULLEY (D) (Resigned 3-19-04)…………………………...Durham 19 TONY RAND (D)………………………………………………Fayetteville 20 JEANNE H. LUCAS (D)…………………………………………...Durham 21 LARRY SHAW (D)…………………………………………….Fayetteville 22 HARRIS BLAKE (R)…………………………………………….Pinehurst 23 ELEANOR KINNAIRD (D)………………………………………Carrboro 24 HUGH WEBSTER (R)…………………………………………Burlington 25 WILLIAM R. PURCELL (D)…………………………………..Laurinburg 26 PHILIP E. BERGER (R)………………………………………………Eden 27 KAY R. HAGAN (D)…………………………………………...Greensboro 28 KATIE G. DORSETT (D)………………………………………Greensboro 29 JERRY W. TILLMAN (R)………………………………………...Archdale 30 JOHN A. GARWOOD (R)……………………………….North Wilkesboro 31 HAMILTON C. HORTON, JR. (R)………………………...Winston-Salem 32 LINDA GARROU (D)……………………………………...Winston-Salem 33 STAN BINGHAM (R)………………………………………………Denton 34 ANDREW C. BROCK (R)………………………………………Mocksville 35 FERN SHUBERT (R)……………………………………………Marshville 36 FLETCHER L. HARTSELL, JR. (R)………………………………Concord 37 DANIEL G. CLODFELTER (D)………………………………….Charlotte 38 CHARLIE S. DANNELLY (D)…………………………………...Charlotte 39 ROBERT A. RUCHO (R)………………………………………...Matthews 40 ROBERT PITTENGER (R)……………………………………….Charlotte 41 R. B. SLOAN, JR. (R)………………………………………….Mooresville 42 JAMES FORRESTER (R)………………………………………….Stanley 43 DAVID W. HOYLE (D)……………………………………………..Dallas 44 AUSTIN M. ALLRAN (R)…………………………………………Hickory 45 VIRGINIA FOXX (R)…………………………………………..Banner Elk 46 WALTER H. DALTON (D)…………………………………Rutherfordton 47 JOE SAM QUEEN (D)………………………………………...Waynesville 48 TOM APODACA (R)……………………………………….Hendersonville 49 MARTIN L. NESBITT, JR. (D) (Appointed 2-6-04)…………….Asheville STEVE METCALF (D) (Resigned 2-2-04)……………………Weaverville 50 ROBERT C. CARPENTER (R)……………………………………Franklin ____________________ SENATE JOURNAL 5 SECOND SESSION 2004 ONE HUNDRED SIXTH DAY Senate Chamber Monday, May 10, 2004 The Senate meets pursuant to adjournment and is called to order by The Honorable Beverly E. Perdue, Lieutenant Governor. Prayer is offered by The Reverend Mike Morris, Senate Chaplain, as follows: "Dear God, the short legislative session begins and offers a familiarity that is quite different from the ordered chaos of opening day of the longer session. "The sound of Lieutenant Governor Perdue's gavel and her voice are familiar, the seat at which we find Senator Basnight and listen to his words are familiar, the 'order of worship,' if you will, and rules of engagement are familiar. "Within this community the Senators have become colleagues, neighbors, even friends, though their ideas about how to do the business of the State may differ greatly. "We pray that this resonance of familiarity may act as a seedbed for the personal and corporate risk-taking that is so necessary to achieve greatness. "May the fresh wind of Your spirit guide these men and women every day so that You are a familiar presence with them also. Amen." PLEDGE OF ALLEGIANCE Led by the President, members and guests remain standing and pledge allegiance to the flag of the United States of America. The Chair grants a leave of absence for today to Senator Hoyle. Senator Basnight, President Pro Tempore, announces that the Journal of Tuesday, September 16, 2003, has been examined and is found to be correct. Upon his motion, the Senate dispenses with the reading of the Journal and it stands approved as written. The President of the Senate extends courtesies of the floor to Dr. Lawrence M. Cutchin from Tarboro, North Carolina, who is serving the Senate as Doctor of the Day, and to Pet Pruden from Wilson, North Carolina, who is serving the Senate as Nurse of the Day. SEATING OF THE HONORABLE MARTIN L. NESBITT The President recognizes Senator Basnight, President Pro Tempore, who announces that the Honorable Martin L. Nesbitt awaits at the door to enter the 6 SENATE JOURNAL [Second Session Chamber to take his seat as a member of the Senate. Senator Basnight appoints Senator Queen, Senator Carpenter, Senator Dannelly and Senator Garrou as the Committee to escort Senator Martin L. Nesbitt to the Well of the Senate. The President instructs the Reading Clerk to read the Proclamation from the Governor appointing Senator Martin L. Nesbitt, as follows: THE APPOINTMENT OF MARTIN L. NESBITT 2003-2004 BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA A PROCLAMATION WHEREAS, the Honorable Stephen M. Metcalf, elected Senator from the Forty-Ninth District 2003-2004 General Assembly, has resigned; and WHEREAS, the provisions of General Statute § 163-11 require that the vacancy created by the resignation of the Honorable Stephen M. Metcalf be filled by appointment of the person recommended by the Buncombe County Democratic Executive Committee representative of the 49th Senate District. WHEREAS, the 49th Senate District Executive Committee of the Democratic Party has notified me of its recommendation of MARTIN L. NESBITT of Buncombe County, North Carolina, to fill the said vacancy, I do by these presents appoint MARTIN L. NESBITT as a member of the SENATE 2003-2004 General Assembly IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State at the Capitol in the City of Raleigh, this 6th day of February, 2004. S/Michael F. Easley Governor ATTEST: S/Elaine F. Marshall Secretary of State May 10, 2004 2004] SENATE JOURNAL 7 (Senator Nesbitt was administered the oath of office on February 21, 2004, by The Honorable Gary Cash, Chief Judge, Judicial District 28.) Senator Nesbitt is escorted to Seat No. 7. SEATING OF THE HONORABLE RALPH A. HUNT The President recognizes Senator Basnight, President Pro Tempore, who announces that The Honorable Ralph A. Hunt awaits at the door to enter the Chamber to take his seat as a member of the Senate. Senator Basnight appoints Senator Lucas, Senator Kerr and Senator Swindell as the Committee to escort Senator Ralph A. Hunt to the Well of the Senate. The President instructs the Reading Clerk to read the Proclamation from the Governor appointing Senator Ralph A. Hunt, as follows: THE APPOINTMENT OF RALPH A. HUNT 2003-2004 BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA A PROCLAMATION WHEREAS, the Honorable Wilbur P. Gulley, elected Senator from the 18th Senatorial District 2003-2004 General Assembly, has resigned; and WHEREAS, the provisions of General Statute § 163-11 require that the vacancy created by the resignation of the Honorable Wilbur P. Gulley be filled by appointment of the person recommended by the State Senate District Executive Committee for the 18th Senatorial District. WHEREAS, the 18th Senatorial District Executive Committee of the North Carolina Democratic Party has notified me of its recommendation of RALPH A. HUNT of Durham County, North Carolina, to fill the said vacancy, I do by these presents appoint RALPH A. HUNT as a member of the SENATE 2003-2004 General Assembly IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State at the Capitol in the City of Raleigh, this 2lst day of April, 2004. May 10, 2004 8 SENATE JOURNAL [Second Session S/ Michael F. Easley Governor ATTEST: S/ Elaine F. Marshall Secretary of State (Senator Hunt was administered the oath of office on April 29, 2004, by The Honorable A. Leon Stanback, Jr., Resident Superior Court Judge, Judicial District 14.) Senator Hunt is escorted to Seat No. 12. SEATING OF THE HONORABLE WOODY WHITE The President recognizes Senator Basnight, President Pro Tempore, who announces that The Honorable Woody White awaits at the door to enter the Chamber to take his seat as a member of the Senate. Senator Basnight appoints Senator Forrester, Senator Apodaca