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House | July 14, 2015 | Chamber | House Session

Full MP3 Audio File

May I have your attention please, visitors please retire from the chamber as the house prepares for his session, thank you. The house will come to order, members will take their seats visitors will retire from the chamber. The Sargent at Arms will close the doors members and all guests are asked to please shut all electronic devices. The afternoon's prayer will be offered by representative Broody  , will [xx] members and all the guest in the gallery to please stand for the prayer and remain standing for the prayer of religious representative Broody. gracious and soverain lord, we pray that as your servants in these legislature, that you may keep us faithful to the solemn office with which we've been charged. Guide and direct us to fulfil your purposes according to your word. Give us counsel and aid that we may preserve the integrity and honor of our State, protect our neighbors best interests and uphold and preserve all life you have given us. Lord, watch over and cover this great State with your blessing and protection. Grant us an exceeding portion of your wisdom when needed, a clear mind for discernment, a boldness to do what is right in your eyes and the passion to strive to meet the needs of our citizens within the limits and constraints you have placed before us. Grant us firmness to maintain and promote law and justice, and make us leaders of a people who would do your righteous and holy will in our State and our nation. We ask this in the name of your son Jesus. Amen. Amen. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands one nation under God, indivisible, with liberty and justice for all. The gentleman from Johnston, Representative Daughtry is recognized for a motion. Mr. Speaker, the Journal for July 13th has been examined and found to be correct. I move that it be approved as written. Representative Daughtry moves of that the Journal for July 13th be approved as written. Those in favor will say Aye. Aye. Those opposed No. The Ayes have it, the  Journal is approved as written. Messages from the Senate, the Clerk will read. House Bill 201, Zoning Changes/Citizen Input. Calendar. House Bill 268, Amend Transportation Laws. -AB. Calendar. House Bill 765, Regulatory Reform Act of 2015. Calendar. Representative McElraft is. Mr. Speaker. For what purpose the gentleman from Durham representative Included the chair, if he. You got to make those inquiry, just a moment. The house will come to order. The gentleman is recognized to state his inquiry. Yes could you state the bill number of the third bill you just, that you mentioned number three. It's house bill 765 those bills were not calendar for today they were just calendar percent rule 36D. I understand but 765 hasn't been received by the house. That's correct. And calendar thank you.   And for the gentleman's information the chair intends probably to refer that bill to committee and the chair understands it's going to be a knocking currence to vote on it, so. Members we have some recognitions the chair will like to do on behalf of the gentleman, members from Gaston representative Torbett, representative Hastings, representative Bumgardner, the chair is happy to extend the courtesies of the gallery to Anne Hirsch Pph. D who's the executive director in Call Mackensen assistant director of the Shield museum in  Gaston  would you all please stand so that we can all welcome you, thank you for being here with us today. On the behalf of the gentleman, the members from Johnston and representative Daughtry, representative Lincoln the chair is happy to extend the courtesies of the gallery to Harold Lasley of the workforce development, would you please stand so that we can welcome you as well? Thank you for being here. On behalf of the gentleman from Wake representative Glier Martin the chair is happy to extend the courtesies of the gallery to Cliff Mass who's shadowing Representative Moore today, court is currently a South

Moore and Wake Technical Community College majoring in marketing he is very interested in pursuing a career in surveillance with FBI clerk could you please chance that we can wrap the news well. Clerk survey hope that you are following Representative Martin as well today. Mr. Speaker. For what purpose does the gentleman from Gaston Torbett arise? Inquiry Mr. Speaker The gentleman may state his inquiry. Will be appropriate to let Representative Mark not to be afraid of the shadow this week. Noted, counter house bill 39 the clerk will  read Representative David Howard, house bill 39 enacting to increase the penalties for the legal operation of the amusement devices and to directly department of labor to start a regulation of operation of [XX] liaison General Assembly North Carolina Enacts. For what purpose does the gentleman from New [XX] Representative Davis rise? Mr. Speaker I want to make a motion to conquer The gentlemen is recognized for motion Thank you Mr. Speaker, ladies and gentlemen of the house you may recall earlier during the session, House Bill 39, passed a house unanimously. This was a bill that was done to increase the penalties for amusement devices as a result of an accident that happened at state fair involving Vortex Amusement Ride. Once it got over to the Senate, it was a sign to senate, judiciary two, or committee to be considered before it was heard that there was incident that happened where a young lady from New hamster [xx] county was killed in an accident involving a zip line when she was in summer camp. I felt compelled to try to look toward having legislation enacted addressing the regulations to zip lines because they all non presently in the state of North Carolina. I notified the Senate chairs of that committee that I would like to talk with them about a PCS that would include that as well as any other items in the original bill that needed to be addressed. I met with them as well as representatives from the department labor, Jim Paul was immensely helpful from staff in helping me put together language and as a result of talking with them I also talked to Senator Brent Jackson who had been a also of a similar bill that was introduced in the Senate but never moved anywhere. As a result of those conversations, we came up with a language that we have in the PCS that was approved unanimously by the senate J2 committee, it did move to the house floor, it passed unanimously. The major differences in the original bill, in the PCS before you as to the original bill, the main difference is the amount of the penalty, the bill that we passed in the house would increase the present penalties by 10 times or the senate bill that don't go anywhere would have increased the penalties two times, so in negotiating with the Senate they felt that ten times was too much, we felt like two was too little, so we came up with a compromise of increasing the penalty by five times so that [xx] before you and this PCS relates to the original revise bill as far as the plan, we're talking with the department of labor, I become aware the fact that even if we pass this bill today, and the governor sign it and went in to law, there are not enough inspectors with the department of labor either in number or expertise that will be able to inspect [xx] plan, there are a lot of questions that need to be answered such as what is this[sp? Plans we're talking about? What are regulations going to do? So in looking at there recommended and a agreed to a six month study that will put the study coming back the first of February which will be before the short session, and during this time the department of labour  if you look at PCS, the 13 teams item in there that the department of labor will be looking at in deciding what recommendations they will make in their report as to what guidelines and regulations as outlined should be, then we pour what we made to the senate to house and the game plan is to look forward from that and hopefully come before you've done the short session with some sort of legislation for regulations to being inactive, Mr. Speaker that sort of short version of what we have before so I'll be happy to answer any question in your discretion. For what purpose does the gentleman from, if

the gentleman can count his remarks, does the gentleman yield the floor? Yes, sir there is a question. The chairs says no members propounding a question looks like you say. Thank you so much.  For what purpose does the gentleman from Henderson Representative McGrady rise? To speak on the motion.  The gentleman is recognized to to debate the motion.  Mr. Speaker I believe I'm the only former  director and in my house, I will tell that the worst experience in ones life is losing a child. It never happened on me but it that almost happened once and I did lose a staff member once. There are things when you're dealing with children and risky activities it sometimes happens. I think the approach that is taken here that Rep. Davis has put forward is the right one. That is let's study it. We cannot protect against human error, but we can protect against things don't get designed right or aren't inspected or don't have the appropriate protection. And so it's an issue that needs to be addressed. I've spoken to a lot of non-profits that deal with children, youth of all sizes, really big, and really small. The YMCA, the North Carolina Association of Youth Camps, a range of others, are all supportive of the approach that Rep. Davis is worked on here, and so I urge your support for the motion. For what purpose does the lady from Buncombe, Representative Fisher rise? To ask a question of the member who is moving for concurrence So does the gentleman from New Hanover yield to the lady from Buncombe? Yes sir. He yields. Thank you Mr. Speaker. I am wondering if the department will include people who actually we own and operate zip line companies in the study. May I respond? Mr. Speaker? Yes the gentleman may. Thank you, that's an excellent question I appreciate you asking it. As a matter of fact I met with the zip line operator today as well as the [xx] for that industry, and told them both, first I recommended very heavily that if this is in fact yesterday is in fact that they immediately contact, and I give them my name of who to contact with the [xx] [xx], to tell would like to talk to them and have their input included and I also said that if they had any difficulty with that to let me know and I'll make it happen Thank you, thank you Mr. Speaker. Further discussion, further debate on the motion? If not, the question for the house is the motion to concur with the senate committee substitute to House Bill 39, those in favor will vote Aye, those who oppose will vote No, the Clerk will open the vote The clerk will lock machine record the vote. 113 having voted in the affirmative and none in the negative, the senate committee substitute for House Bill 39, motion to concur is adopted The bill is ordered in road and sent to the Governor. House bill 376, Clerk will read. Representative Bingham Stan, Bishop and Gracia[sp?] house bill 376 a bill to be entitled an act of amending the rules of simple procedure to modernize this cover and witnesses and clarifying expert witness clause from the civil general assembly of North Carolina enact For what purpose does the gentleman from Ash Representative Jord rise? To make a motion to concur in the debate The gentleman is recognized for motion. Members of house I move that we do conquer with the senate changes to the House Bill 376 The gentleman is now recognized to debate the motion.  Thank you, Mr speaker, House bill 376 revise rule 26 of the rules of civil procedure to modernize expert witness discovery Actors, back in April this [xx] before my civil investigator colleague and fellow representative Benson presented the bill it passed unanimously in the house and unanimously in the senate. The senate changes are very technical and I would move to concur. I'd be glad to answer any questions.  Further discussion further debate if not the question before the house is the adoption of the motion to concur with the senate committee substitute the house bill 376.

Those in favor will vote aye, those opposed vote no the clerk will open the vote. The clerk will lock the machine record the vote, 113 having voted on the affirmative and none in the negative the motion in concurrence is adopted the bill is ordered and rolled and sent to the governor. House bill 766 the clerk will read Representatives [xx] and Cornie House bill 766 a bill to be entitled an act to [xx] exemption for use of health extract and authorizing certain neurologists to use health extracts as an alternative treatment for intractable in aboliship[sp?] without participating in pilot study North Carolina enacts. For what purpose does the lady from Carteret, Rep. McElraft, rise? To make a motion and to speak on the motion. The lady is recognized for a motion. Mr. Speaker, and members of the House, I move that we do concur with House Bill 766. Motion is before the House. The lady is now recognized to debate the motion. The Senate did make some changes, and I think they were changes for the good. I'm just going to highlight a few of those, and if you have questions I'll be happy to answer them. One of them is, they clarified who a caregiver might be in order to register a child and they have to be at least 18 years old, they put that in there. They also made changes to allow DHHS to not be as involved with the registration cards. What they decided to do is have a letter from the neurologist that the patient's parent would keep in case anyone from law enforcement questioned the CBD oil, and so that kind of takes a lot of responsibility away from DHHS who's going to have to get registration cards, call the Sheriff's department, etcetera. It did also amend that the sheriffs can contact DHHS on any situation where they may have a question. So now the doctors will write the letter, the patient will keep that letter as their proof that they are authorized to use the CBD oil. We did use Virginia and South Carolina's formula and increased the THC to. 9% it's still under 1% and you could drink the whole bottle and still not get high. Georgia is now doing 5%, which is 500% more than we are. So I just wanted to remind you that we're still under 1%. And then they encourage the medical universities to continue their clinical trials, which three of them are already in, and they did not force it but they just encouraged them to keep researching this. We also had a make the neurologist changes hospital affiliation or his address or anything, he needs to inform DHHS and they put a sun sedium of July 1st 2021. By that time we should know what the funds are doing with this because there is a bill before congress now to make hemp oil CBD oil a non schedule one to log. So, we'll know about the year 2021, if that has happened, we will know then. If this is working for this children and then we can decide then if we want to keep it or if we want to change it or just we let the sunset because we'll have the pharmaceutical grade up there wherever so I do ask for your vote for concurrence. Further discussion, further debate? If not the question for the house is the motion will  concur with city committee substitute for house bill 766. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote The clerk will lock the machine and record the vote. 112 having voted in the affirmative and 2 in the negative concurrence is ada[ted, the bill is ordered in realm and sent to the governor. Members, Senate Bill 252, the title of that bill is '' Wake County vote of equalisation, the chair removes the bill from the committee on local governance[sp?] and refers the bill to the committee on rules, counters[sp?] and operations in the house. For what purpose does the gentleman Guildford Representative Brockman rise? For a moment of personal privilege. The gentleman is recognized to speak to a point of personal privilege. When we were out, one of our great members here had a birthday Representative Mayers,

he's been a tremendous help for me as a freshman here and I just ask chamber to join me in wishing him a happy birthday [xx] members house bill 765 was read in earlier, that was the Reg Reform Act, Regulatory [xx], Regulatory before March of 2015 the chair initially counted the bill for 36B from all the chair strikes county and the bill referred to the committee on environment. For what purpose does the gentlemen from Megable[sp?] representative Alexander rise?   Point of personal privilege. The gentleman is recognized to speak to a point of personal privilege.   Over the weekend my seedmate[sp?] hit a milestone and it got me to dig in, and it seems that in this same year that he was born Mao Zedong tried his head to poetry with that famous poem that we actually we'll have copy of that  on our desk the reply to comrade Kuo Mo-Jo the first discotheque the Whisky A Go Go in Los Angeles was opened, and of course JFK declared that segregation, is morally wrong, and there it's time for the country to act, and of course  just before the like the arrival little Stevie Wonder released Fingertips so please join me in commemorating the the hush macebay Representative Moore. I want to ask the pledges to please come forward, all pledges come forward while they're coming forward for what purpose does the gentleman from Mecklenburg represent the Bradford rise? For a moment of personal privilege please? The gentleman is recognized to speak to appoint a personal privilege so for week after week for the last several years, we have these young men and women pledges who work at the and I wanted to share with all of you that today is the last day of the Page Program Director, Mr. Mike Sutton who will be leaving us and going into the private sector and you know this program does not run itself, he works hard every single week to make sure these young men and women serve us and work for the body and I'm going to miss you Mike, you've become a good friend and I just wanted to say goodbye and I hope you'll join me in doing the same in that same vain, our Pages were actually with us last night and I told them I would have them introduced this afternoon because there only about 20 or so others here I believe last night so pages in just a moment you're going to hear your name called, when you do please step forward so that my colleagues now will know who you are this week. The Clerk will introduce the pages [xx] Andrews, [xx] county, sponsor Representative Simon, [xx] Austin, Pasquotank county, sponsor Representative Steinburg, [xx] county, sponsor Rep. Steinburg. Macy Bryant, Durham county sponsor Rep. Hall, Jack Denton, Mecklenburg county sponsor Represenatative Brawley, Elliot [xx] Onslow county, sponsor Representative Shepard, Jane [xx], Wake county sponsor Rep. Dollar. Caroline Frener[sp?], Guilford county, sponsor representative Morgan Hazel, Guilford County, sponsor Representative Herson[sp?], Kyla[sp?] Hill[sp?] [xx] spokes representative Richardson, Carlson Johnson, Halifax County, Spokes representative [xx]

grand for county will ask of you Sophie Brites clotcovers[sp?] [xx] representative Johnson, Regan patland   [xx] Elizabeth Morello, Montgomery County, Sponsor Representative Burrel, Gabriel Russel County sponsor Representative Brawley, Harold Spitser[sp?] Orange County, sponsor Representative Fisher Trevor [xx] Junior, Wake County, sponsor Representative Richardson, our page Thomas crob[sp?] Pitt County, sponsor speaker Noor[sp? Paiges[sp?] Ramona[sp?], thank you for being here with us this week, we hope you'll have an opportunity to make friends, to learn a little about your government and have a little break from the heat, I would like my colleagues to please join me in welcoming our page with us this week. Pages you all may return to your post. For what does the lady from New Hanover, the Representative Hamilton rise? Point of personal privilege. The lady is recognized to speak to a point of personal privilege. Thank you Mr. Speaker. Well apparently July is Representative Rodney Moore's lucky month. Not only did he make it to the ripe old age of 50 plus, on Sunday, he was also awarded the 2015 Champion of Small Business for the National Coalition on Capital, earlier this month. So please join me in congratulating him on that honor. For what purpose does the lady from Mecklenburg Representative Schaffer rise?  Point of personal privilege. The lady is recognized to speak to a point of personal privilege. Thank you Mr. Mr. Speaker, and while we were all enjoying our break, we had another birthday that we missed and if you all would join me in wishing [xx] happy birthday to my seat mate Representative Arp Appointment of conferees, the Clerk will read, the house will come to order. House [xx] 97 [xx] leaves. Representative Dallas, senior chair, Representative Senator Jackson Chair, Representative Lamberth Chair, Representative McGrady Chair, Representative Brody Chair, Representative Sane Chair Representative Hagan, chair, Representative Luis, chair, Representative Op, Vice chair, Representative Avila, vice chair, representative Blackwell vice chair, Representative vice-chair Representative Bryant, vice-chair Representative Cleveland, vice-chair Representative [xx], vice-chair Representative Dickson vice chair, reprsentative Dobson, vice chair, representative Faircloth, vice chair, representative Hardister, vice chair, representative Holloway, vice chair represenative Horn, vice chair representative [xx], vice chair representative [xx], vice chair representative [xx], vice chair representative [xx] vice chair with senator [xx] Brown, vice chair representative Raddel vice chair, Representative Shepard vice chair, Representative and Vice Chair Representative Torbett Vice Chair Representative West Vice Chair, Representative Adams Brown v shape Brody, Catlin, Davis, Elmore, Fraley, Hastings, Bill, Jeter, Jones, Jordan Laden, Bril[sp?], Prisenal Tanner, Robnson, Rose, Morgarn, Shaffer [xx] steven [xx] Watfork and Zachary Bryson Vice chair, Representative Goodman Vicechair, Representative Hay[sp?] Vice chair, Representative Ray Vice Chair, Representative Alexander Graham, Connie  William, Jackson, Lucas, Pius more and right there.  Senate will be so notified make a big room for what purpose does the gentleman from Durham Representative Hall arise? Thank you Mr. Speaker I just wanted to check and see if there is going to be any addition staff support provided for the committee see there is a law our staff is really equipped, sir. Further notices or announcements? For what purpose does the gentleman from Mecklenburg Representative Brody arise?

Inquire the the Chair Mr. Speaker. Gentleman is recognized to say the inquiry. In honor of July 14th being being best still day I was wandering there was an intent of the chair that we approach the senate with pitchforks torches and singular months or years. We'll speak softly. For what purpose does the gentleman from Guilford,  Representative Hardister rise?   For a point of personal privileged. The gentleman is recognized Representative to speak to a point of personal privileged. Thank you Mr. Speaker. Members, I'm going to follow up on what Representative Bradford said. Mike said is leaving us, the house page director. Pages I Representative this I'm on my desk right here. It says, Representative John Hardister, House Page extraordinaire and this was given to me by Mike Sudden. And as long as I have the honor serving these bodies to remain in my desk. For what purpose does the gentleman from Mecklenburg,  Representative Moore, rise?  Inquiry of the Chair, Mr. Speaker. The gentleman may state his inquiry. In the secretary's reading I heard Moore. Is this this Moore or is this the Chair, sir? It was Moore of Mecklenburg.  Thank you, sir.  The gentleman was appointed as a Confrey and I was not, I don't know how that happened. For what purpose does gentleman from Cumberland, Representative Floyd, rise? Inquiry of the Chair. The gentleman may state his inquiry. Mr. Speaker, I'm trying to adjust my schedule for the remainder of the week. Could you provide some assistants. There may be folks that want to swap your spot on that list if you're interested. You may have to be here a while Representative Floyd, bring a big bag. Further notices and announcements? For what purpose does the gentleman from Harnett, Representative Lewis, rise? For an announcement. Gentleman is recognized for an announcement. Mr. Speaker, the Committee on Rules, Calendar and Operations of the House will meet at three o'clock P. M today in room 1228 the bill that will be considered is currently entitled the Wade County Board of Equalization. It is Senate Bill 252. Further notices and announcements? If not, the gentleman from Harnett, Represenative Lewis, is recognized for a motion. Mr. Speaker, I move that subject to receipt of committee reports, re-referrals of bills and resolutions and reading of representative statements that the house now adjourned to reconvene Wednesday, July 15th at 2:00 P. M. Representative Lewis moves, seconded by representative Setzer, let the house see now adjourned subject to the receipt of committee report re-referral of those resolutions and the reeling of representative Davis, to reconvene on ways the July 5th at 2 P. M. Those in favor will say aye, aye, those oppose no, the ayes have it, we house adjourned