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Senate | May 14, 2015 | Committee Room | Commerce

Full MP3 Audio File

Good morning. Back to the commerce committee first of all I'd like to recognize our Senate Pages they've done a great job this week. I hope they have had a good time. We have Chris McCain from Bolington, senator Wodered. Are you sir? Matthew Anderson, A. Town Hays, Senator Randleman, Robbie Blankenship, Rolly, Senator Alexander, Andrew Paul, Beach, Lucky Andrew, Senator Lee, Rachel Gowey Birmington, Senator Rabin. Brenda Daniel, Morganton[sp] Senator Daniel. Elizabeth White, Deep Gap, Senator Soucek. Thank you all for serving, I hope you have had a good time, we appreciate you doing that. As always we appreciate our Sergeants-at-Arms helping us out today. We are going to first hear House Bill 130, and I will call on Senator Brock to present. Thank you Mr. Chairman, and members of the community. This is a very very time sensitive bill. Currently in Davie County we don't have many prisoners, but when we do we have to feed them. The problem is as far as how much it would cost for us to set up through standard stipulations to provide a kitchen and everything else, it would cost way too much money. This allows us to contract with the local schools to provide these meals, and it saves us a. Senator [xx] table a motion or a report? [xx]   No Sir. I would like to hear Senator Brock [xx]   You certainly can! is that a No? That's a No. That's a No, never mind. Senator Tillman has moved for a favorable report, all in favor say Aye. Aye. Oppose No. Thank you so much for that wonderful presentation Senator Brock. That's the best he's ever done. Certainly the shortest he's ever done! House Bill 405, Representative Szoka. Thank you Mr. Chair, Members of the committee. It's a pleasure to be here in the Senate today. We all know that property protection is a serious issue that North Carolina companies of all sizes and all industries face on a daily basis. And property can take on many different forms as we know, patient records, financial information, consumer data, credit card numbers, things like that. And currently North Carolina's weak property protection laws put businesses, as well as the privacy of customers, at serious risk. So what does this bill really do? Plus a couple of things. It codifies and strengthens North Carolina Trespass Law to better protect property owner rights. It puts teeth into North Carolina trespass law by providing a 5000 per day penalty for the violation and that's really similar to civil penalties that are already in place under the unfair and deceptive trade practices act. It protects property owners against those who gain access to the non public areas of the owners property and that engage in activities that go beyond that permission given by the owner, it guards against co-operate espionage and organized retail theft which is a problem in the State. Puts a decision to bring the city at the discretion of property owner. And one important thing here that has been mischaracterised, it does not take away any whistle blower protections, always the blow of protections under federal law and state law stay enforced. I'd be happy to answer any questions or dealt deeper into this bill if you would like me to. Okay at this point in time no hanging close we will open it up to our members and first of God descended him against us. Lord, we believe the current state brown I think my thing about long living I hear you Sir, I think if it's okay with Representative of Ohawo ask for comments or Who never felt like they would like to handle. Is that you? Yes the we are

refering to nice it is not all thing satisfy to change the title It's all traffic on line. I think this is older language for stuff Followup. Follow up to make sure I understand [xx] same thing [xx] Stephan, yes we have Senator McEserk[sp?] [xx] [xx] but I can get to some understandin [xx] on my [xx] [xx] [xx] [xx] Thank you Stam 8 employees The specific that was  question is, is to 127 that article 219995 which is close intonation from employee that those section will solve it  sudden under cover brandy no one explains who guy was is white and clean as this bill modifying some of the object even change our I understand [xx] Is their any I will call on Representative [xx], thak you sir [xx] yes alot of this law proposed legislation does kind of find from that case specifically, specifically their is a portion of the case where the forth circuit says in some real convince the highest court of North and South Carolina will hold that this individual committed trespass because they are consider to be on nullified when they tortiously brace their dirty loyalty, we are putting that directly into law there, we're agreeing with the force circuit and saying we agree that you should rule that way is the legislator making that way in law. Follow up, [xx] yes the simple damage yes sir Thank you we have senator Wadell. Yes thank you. looking at my  talked about and I was wondering talking about numbers, so Staff specifically enjoying Follow up. I was talking about, like [xx] [xx] Well, the Bill defines [xx] [xx] Well, followup. Followup. [xx] concerning line 10 and three knowing the intention

[xx] find out for the information of a person [xx] Wendy. [xx] Follow follow please. it absolutely will government favor so, [xx] if the phone failed to and commit or Representative Jordan thank you Mr. Chairman Senator Waddell from the fourth sacking case that Representative McKissick was discussing, that we're codifying from, there is a portion of it where the fourth circus says the Court of Appeal of North Carolina has indicated that secretly installing a video camera at someone private home can be a wrongful act in excess of consent given to enter. There is no specific indication in  current law about a commercial situation which is why we're codifying this because a sacking court said still we believe the general principle is a applicable her, in the case of at least one individuals who work in food line in North Carolina, although food line consented to this persons entry to the job, she exceeded that consent when she videotaped in non public areas of the store, and worked against the interest of her second employer food liner, first employer was the media outlet. So we're codifying that that is also a crime in North Carolina to do it on a commercial business situation. Senator Sanderson. Thank you Mr. President Are there any safeguards in place? Or let me ask you this, where does the burden of proof lie in proving that a person [xx] Is that upon the employer that has to prove [xx] there, extremely there or is that on the person who is actually charging [xx] Do you have to prove [xx] and the reason I'm asking this, I know that all of us have good intentions are in place, what if I'm on my job two weeks or one week or one day and I see something that [xx] is actually wrong? Am I still protected under [xx] Yes, Senator you are. An employee in the course of seeing something they think that it is illegal or wrong, they're forged[sp?] protected under whistleblower, and they should report that to the appropriate authorities. Follow up. Follow up. [xx] is there anything in this legislation that would prohibit [xx] as a lawfully present the  individual from sharing that they way like you just said. Whether I share it with one[sp?] whether I share it with my neighbors, whether I share it in any other place [xx] I think this is pretty much the crux of the issue here, depending on who you share it with and what your intentions are in sharing it. If you see something, an illegal act going on I would hope that that person work share that with appropriate authorities be it the police, sheriffs or whoever. If they see something that they think is illegal, and then they're breaching their confidence to their employer and that's saying going to the employer to legal authority and running out to a news outlet to sell it for a lot of money. I think that's breaching the employer's confidence in their duty and loyalty to their employer. So, I don't know if that answers your question, but that's kind of how I look at it. I have Senator Rucho. In effect we can, Representative Kelso[sp?] and some members can get a fake[sp?] job and skill. I think it's MOU[sp?] that we can get some clarity on this[sp?] court session that I don't know who ever what I understand 45.

Thank you Richard senator Stam and I understand what is it flies to those issues  can you elaborate what areas of the law, the violation of law whistle blower attached? Are you speaking to 96 to 41?  Yes. Okay, there is an start change in chapter 97 as change to talk about hour article 16 is a chart and  safety Two A is traffic for a fact. 9528.1 is discrimination against civil soft part of 15 is 1.78 is the National governing point of rate, magnified automatic testing article 52, Chapter 143 is the exercise  board Follow up. Thank you sir, I appreciate I don't understand why a lot of people should not be sued to protect decided about this detection [xx] since you govern your access so there is a what I said [xx] [xx] [xx] [xx] have been screwed that thing in the discussion screw with that production where the intention are power against the employee, but it actually having law suits fall against and it should be no point actually and I don't want to speak about every thing. Thank you for your comment senator if you the case to expand the whistle blower protections or thing like that, that was not the purpose of this Bill, and I don't see that for laying this bill would serve that purpose, that seems to be like it should be a separate act of legislation. The point of this bill was to strengthen trespass laws in North Carolina and put some protection protection for the employer in there, so, well I'm not that familiar with all the whistleblower Protections Act that we just went through, my understanding with staff that the wording that we have in here is adequate for what we're trying to do. Thank you Any other members? Senator Bryant. Yes, one of the sponsors mentioned something about, that he said to clients [xx] Let us start  No crime created by federal program since no other senator Stam this is a

very are the items discovered exclusive store those files we are searching for [xx] Stam. It isn't accessible. OK. Alright thank you, this time we have had two individuals that have asked to speak I would like you to come to, just kind of the back front of the room if you will, and please state your name and who you're with, and you have two minutes. I think first we have Clowe Waterman. Hi thank you, I'm Clowe Waterman[sp?] [xx] This bill is fresh investigation on firms [xx] other businesses. This bill is about protecting business owners from theft or fraud or [xx] we should have a bill to strengthen [xx] for those states, and those are already [xx] This bill is packaged for investigators, law firms [xx] that are illegal and unethical [xx] This message is just here in North Carolina can lead to felony [xx] he is senator it turn out in 2008 audio source saying investigator in that piece tried to report it to USCA, USCA wanted to take action they tried to report it again USA then they relisead hey guys run it and keep it safe city investigate until they find him something preserve order this morning 74% of North Carolina like few hour support under cover investigation behind doctored onces say also this bill I think impact under cover investigation and I want to give you a scenario [xx] 16 year old begin employment at [xx] that she thought Turkey [xx] and the cause of her employment he thought that he can access few things and legal today that is she tell about this is for cyber she takes pictures of it. Please wrap up violation of his life [xx] it is time I call it down. Thank you our next Mr. Prack. Thank you Mr. Chairman [xx] everything one of them is very worried about [xx] all of the lanes that were done [xx] [xx] What are we trying to do? The answer is, what kind of [xx] [xx] camera on people whose job it is to public [xx] [xx] [xx] [xx] I guess what they're trying to do is create more loses, more lawyers, more civil action the energies due all kinds of things that are in the legislation to the temple and the laws of our state restricting the circumstances [xx] lest of

the amount this is all about who are on wrap up please You are inside and really what you had to say I don't deserve to die we currently heard murders in building here and that happens in situations Thank you for your comments. Wait, 15 seconds wrap up please. What is going to be done with the equation will help provision of this law to the bill it said I have a signal to divide us we try to go in we pay attention to this serious. Thank you very much. Okay we have senator Richard who has moved for a favorable report. All in favor say aye, opposed no. The aye have it that is the business for today the meeting is adjourned.