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House | July 30, 2015 | Chamber | House Session

Full MP3 Audio File

The house will come to order. Members will take their seats. Visitors will retire from the chamber. The Sergeant-at-Arms will close the door. Members and visitors, please silence all electronic devices. The prayer today will be offered by Rep. Michael Speciale. Rep. Speciale is recognized. Please pray with me. Oh, Mighty God, we thank this day for all you have blessed us with. We pray that you'll guide through today's proceedings, that you'll give us the knowledge to deliberate effectively, the temperament to debate professionally, and the intelligent to proper determinations in all the decision we're responsible for making on behalf of the people of North Carolina. We pray for your love, your mercy, your forgiveness and your guidance in the name of Jesus Christ, our Lord and savior. Amen I pledge elligence to the flag of the United states of America and to the republic for which it stands one nation under God indivisible liberty and justice for all. The gentleman from Gaston representative Torbit is recognized. Mr. Speaker the journal for July 29th has been examined and found to be correct I move it to be approved as written. Representative Torbet[sp?] moves that the journal for July 29th be approved as written those in favor say aye, aye those oppose no the aye's have it the journal is approved as written. Ratification of bills and resolutions the clerk will read. The enrolling clerk will [xx] duly ratified bill to the presentation to the Governor 182 an act to regulate the use of automatic license plate reader systems senate bill 183 an act to eliminate confinements in response to violation to miss demeanor services under sentensing I recommend by the North Carolina sentencing and policy advisory commission senate bill 233 an act to improve the automatic expansion certain records charge against the person is dismissed as result of identity theft or mistaken identity. Senate Bill 374 an act to make voluntary the requirements that a holder of a for-hire [xx] recreation fishing license maintain a logbook summarizing catch and effort statistical data to delay implementation to allow the division of marine fisheries to conduct a stakeholder input and education process enter [xx] the department of environmental and natural resources from entering into a joint enforcement agreement with the national marine and fisheries service. House Bill 651 an act to bar civil actions filed after the period of record retention established under the uniformed standards of professional appraisals practice or five years whichever is greater and to require appraisal management companies to accept criminal background checks performed within the preceding 12 months. House Bill 774 an act to amend the law requiring the presence of licensed physician at execution of death sentence. House Bill 797 varying that provided that the registration of sensitive security information received compiled by the city in the course of administering in the long registration ordinance is not in public record and the following groups to identify proper role and prepare for presentation to the office of secretary of state house bill 343 an act to Extraterritorial jurisdiction of town of claim, and define Extraterritorial jurisdiction area of the town of Wallace. House Bill 386 annex to removing certain restrictions on sunlight annexation for tiles of hope mills and spring lake Chapter bill would be noticed. Members could have your attention for please today to to nurse of the day. The house will come to order members design extraneous conversation may take it to the outside of the chamber Chairs please to welcome our nurse for today, Diana Mackintosh from [xx] North Carolina. Thank you for being with us Reports are standing committees, Representative Dollar, Johnson, Lambeth, and [xx] recognize send forth report from the committee on appropriations Representative Dollar, P. Johnson [xx] appropriation committee report, House Bill 904 finds to join its improvements for the committee substitute on favor of the regional bill. Regional bill on favorable calendar committee substitute calendar, pursuing to rule 36B Representatives Turner, Reed and Jordan are recognized

to send forward a conference report, the clerk will read. The conferees appointed to resolve the differences the Senate and House for Representative on Senate Bill 336, a bill to be entitled an act to amend the law governing estate planning to fiduciaries to amend the uniform trust code and to establish uniform powers of the employment act. House committee substitute favorable 6315, fourth edition engrossed 6415 submitted by the following report. During the entire house committee substitute favorable 6315 fourth edition engrossed 6415 and substitute their tax proposed conference committee substitute S336-PCCS435393-REN-2. The conferees recommended for the Senate and the House for Representatives to adopt this report. The day conferees approved report July 29, 2015. Conferees for the Senate, Senators Fletcher, Harrington, Randleman and Daniel. [xx] representative Lexer Sam Turner lives in Jordan. Call for support is counted pursuing to rule 36B. Members upon the motion of representative Leiden from Johnson county the chair is happy to and the courtesy of the gallery to Miss Caroline Clement a Warren Leadership Fellow at North Carolina State University College of Agriculture her internship with representative Linden is coming to an end this years Ms planet would you stand and let us welcome you Messages from the Senate, the Clerk will read. House Bill HB 215, Procedure for Waiver of Jury Trial. 215 Calendar pursuant to Rule 36B. House Bill 538, Water and Sewer Service Related Changes. Calendar pursuant to Rule 36B. House Bill 556. House Bill 556, Achieving a Better Life Experience Act. Calendar pursuant to Rule 36B, and members on House Bill 538, it is Calendar pursuant to Rule 36B, it is Rule material. The Clerk may continue. House Bill 814, The William C. Lindley, Jr. Sudden Unexpected Death in Epilepsy Law. Calendar pursuant to Rule 36B. Senate Bill 438, Permanent Plates, Charter Schools. The bill is referred to the Committee on Transportation and is favorable Committee on Finance. Special message from the Senate, the Clerk will read. Senate joint resolution 718, a joint resolution honoring the life and memory of Harris Blake, former member of the general assembly. The Resolution will be referred to the Committee on Rules, Calendar and Operations of the House. Calendar, house bill 13, the Clerk will read. Representative Torbett, house bill 13, a bill to be entitled an act to require each child presented for admission into public schools for the  first time to submit proof of health assessment ; to require that absences due to failure to present the health assessment transmittal form not resulting in suspension and to allow the students to make the [xx] to specify what information shall be included in the health assessment and who is authorized to have access to the form and to require the [xx] department of health and human services and the department of public instruction to amend health assessment transmitting form and to report to the joint legislative committee on Health and Human Services and to the joint legislative educational committee [xx] North Colombian acts. For what purpose does the gentleman from Gaston, Representative Tobitt arise? Thank you Mr. Speaker. Permission to speak on the motion recognized for a motion I move we concur to the [xx] the gentleman moves that the house do concur and the senate committee substitute number two for house bill 13 the gentleman is recognized to explain or to debate the motion thank you Mr. Speaker, ladies and gentlemen of the house, this bill went through the house, it went over to the senate and senate did add some additional I guess you call it senate preferences to the bill.

If you recall the initial intent was to make sure that any child, when entering the school system for the first time in the state of North Carolina be provided a their health assessment, not be provided one, but must have a health assessment. So that was the initial intent of the bill, when it went over to the senate, the senate dug a little bit deeper into it and what they determine that there was seven forms being offered out there and so their effort was to condense that to only one form they did remove some of the the language out of the current health assessment form that they felt was objectionable to parents and I concur with that. That they put a little bit more of the onus on apparent. A few more qualifiers. The statute was amended in several places to clarify the only one health assessment trans-middle form to disable either cities or counties throughout North Carolina to come up with an additional one or any other modifications too. And I would appreciate your support. If there are any questions, hopefully I am able to answer them, and that's the end of my remarks Mr. Speaker. Thank you. For what purpose does the lady from Mecklenburg, Rep. Cotham, arise? Thank you, Mr. Speaker. To ask bill sponsor some questions. Would the gentleman from Gaston yield to the lady from Mecklenburg? It would be an absolute pleasure, Mr. Speaker. He yields. Thank you Mr. Speaker thank you, Representative Torbett. I just am briefly going through the new conference reports so just a few questions if you can help me just to understand. It says that a child will not be permitted to attend school if they do not have this health assessment completed within 30 days. So question number one, Mr. Speaker, is that a change from the health systems where we went from 60 days to 30. Mr. Speaker. Thank you if I could one of the changes in the senate and to answer your question I believe at years and let me senator Dee Davis pretty much offered amendments to a notice deficiency within 30 calendar days of the first of the child's first day of attendance also what they did is make sure that the child was adequately provided with any test books and school fund these digital devices to used at home during a duration of that absence and further more during that period there was some concern about the record and senator Todd changed simple word from attach to provide. So they did address the time period, but they came in and made sure that a child would not be have unequal advantage or be unequal to other children within the provision by providing them additional language to ensure they get proper text books and anything else school often way digital devices. I thinking that's you might be [xx] or not apologize. OK follow up Mr. Speaker. Does the gentleman yield to an additional question?   Absolutely. He yields. Thank you Mr. Speaker and Rep. Torbett and I see I think some new language starting on line 15 that a child shall not and I'm sorry for not looking at you, but I'm trying to look on the screen a child shall not be suspended for absences accrued for failure to present the health assessment. So if they're not going to be suspended and if they're not allowed to go to class, where would they be? Would you direct me to what page Representative I believe this is the first page, I'm sorry the printers. That's right, my line 15 says It's a general assembly North Carolina enacts on page one line 15. Page two Yes Ma'am. What that would be, it's a currently doing in the kindergarten process, so I don't think it's any different to what we're currently doing in the kindergarten process, other than now we're applying that to any grade level and there was some concerns about that I understand from the senate and that's why they added the additional, make sure by you understand, you take your text books and get any kind of digital device. So, is this is for my clarification, just a follow up? The lady wishes to ask additional question, the gentleman yields. The lady may proceed. And I'm just trying to think from personal experience, so where would the child be physically if they're not allowed to attend class but they're not technically suspended but they will be absent.

So are they marked absent for health reasons, and then my next question that goes with that just made me wonder about the average daily membership if they're not physically present in school especially in the beginning of the school year because that's where we do the count. How will we know that that is a student and we should fund them so that they can get their text books and materials. That was what VPI would be addressing. I don't have good solid answers for you, and the reason I don't is because that, it puts more the onus on the parent. Your initial question, where would they be? Well, by having the parent notified they have to have a health assessment and if they haven't got that done, then of course they are not going to be allowed into the classroom with the other kids because that could be a health risk. Similar to what it is now in kindergarten so that same health risk is being adapted for every year which is to start today. So the wait that determination was based heavier on the risk to not only one child but other children in the classroom as opposed to the concern of what is that child doing for 30 days. That's why they offer some additional language to make sure that what wherever that parent had that child in a 30 day period wherever that might be that they do have and the parent understands they have access to all the educational tools that a child in the classroom has and last follow up Mr speaker. Does the gentleman from yield? Yes sir thank you very much. Thank you Representative Torbett for allowing me to ask so many questions. You said in your remarks that there were some language removed from the North Carolina Health Assessment? That's correct. Tell me what? I have the assessment, can you tell me what was removed? Mr Speaker? Yes sir. I don't know the proper way to get a copy of what she has I don't have one of those with me The motion to concur on house bill 13 will be temporary displaced. House Bill 553, the clerk will read. Representative McGrady, Whitmire, Lambeth and Dixon House Bill 553 appeal to the entire authority of cities and counties to adopt ordinances regarding animals General Assembly of North Carolinian enaccts. For what purpose does the gentleman from Henderson Representative McGrady do you rise? To make a motion. The gentleman is recognised for a motion. Mr Speaker I move that the house do concur with the changes is made to house bill 553 speak on the motion. The gentleman has moved that the house do concur to the senate committee substitute for house bill 5 53 gentlemen from Haiderson is recognized to debate the motion thanks Mr vigar[sp?] colleagues this is an animal bill but it is not the monkey bill. This is a bill that relates to livestock and specifically to provide that the department of agriculture has responsibilities for setting standard care with respect to livestock which does not include horses and the certain name they want changed they wanted to exclude from the definition of the animal covered small flocks of chickens and I don't want to get into a chicken debate so I have moved to concur I don't think it changes the bill substantially in any way that I'm aware of although there are folks that are supporting the bill were quit fine with the amendment and I'll leave it at that. Thank you Mr. Speaker. Members before continuing with debate the Chair is happy to extend the courtesy to the floor to the honorary page Mr Ian[sp?] Dollar of Wake county thank you for being with us today please join me welcome. Members further on behalf of all members of the house the Chair is pleased to extend the courtesies of the gallery to the ECU advancement services out of Greenville and Pitt county Miss Karen[sp?] Whitehead if that group is with us Greenville would you stand and let us welcome you to the house of representatives. purpose does the lady from Gilfred Rep. Harrison rise. To debate the motion. Lady has the floor to debate the motion.  Thank you Mr. Speaker. Ladies and Gentlemen I do

respect my good friend from Henderson county. I do rise in opposition to this motion. I actually agree with the senate change with accepting small for much to chicken, but the underline bill is a problem because it ties the hands of local government that want to enact strict sends of care face to these intelligent and sensitive animals, and I disagree [xx]. Then I encourage you to vote no. Thank you.  Further discussion, further debate. The question before the house is the motion to concur with the senate committee substitute for house bill 553 those faoring[sp?] the motion will vote aye and those opposed will vote no. The clerk will open the vote The clerk will lock the machine and record the vote, with 88 having voted in the affirmative and 16 in the negative, the motion to concur has been adopted, the bill will be enrolled and sent to the governor. Representative Toby, the gentleman indicated we are ready to return. We'll return to the debate on the temporally displaced motion to concur with House Bill 13. Representative from Mencabar was asking the gentleman from Gartson a question, which member desires to go first? That would be me Mr Speaker. The gentleman from Gartson is recognized to debate the motion Thank you I was taking a tack and it was taking the long route so we found this simple route to address the question. The form as you know is annulled, as far as change will probably entirely change and be capsuled and reformatted, and let me tell you what the form will have on it, and perhaps that will be an easier way to I am not going to go over all of it, it is rather written in lengthy but I'll refer to member to page two, beginning on line 40 and it says just previous line 38 the health assessment transmental[sp?] form shall include only the items listed below now that's where it begins. I'm going to jump over to kind of middle this which is on page three, and tell you this some of the basics atleast a medicate prescribes state in a list of student allergies, type of allergies so on, guys regarding special diet for students. Some of the information previously request has been re-condensed in such comments as this as health related recommendation to enhance students grow performance, information whether the student has passed the vision screening concerns, information on whether the student passed the hearing screening concerns. The school medication authorization for diabetes care plan asthma action health care plan for other conditions which the school needs to be aware of, that's the generic information that will be on the new form when it comes out perhaps that better clarifies the question my good friend from [xx] And to be clear members representative [xx] had been recognised ask to respond to a inquiry from representative [xx] that what that was that was not her second opportunity debate purpose lady for [xx] Thank you Mr. Speaker I guess just debate the bill The lady has the floor to debate the motion to concur Thank you Mr. Speaker and members and thank you for the indulgence for so many questions, I still have a lot of questions to I guess I will have to vote no on this motion to concur, I appreciate the information represented to it, just listed what is in the bill I think I'm having some concern is this going to be a sheet of paper off course there is value in health assessments, and we want o know if our children need extra health, how we can accommodate their needs and want to keep them safe and to make sure that they're able to learn in school, some of the language that I'm looking at in the way the bill is written seems more that it's just a, kind of, check the box, here's the record, here it is, I don't really know what is going to be done with this information to help the child, with that I am a bit concerned about the child not being able to attend school for 30 days and yet that won't be marked as a suspension but I'm wondering is that going to prevent a child from being legally enrolled in a school which therefore impacts how average daily membership, how we fund the school such child will not be eligible then as I take it to receive home bound services because they would not be legally enrolled and I just worry very much, what's happening to that child. In Mecklenburg County I can tell you the wait to get

to public health clinic is over 60 days with the average being 90 days for an appointment so I just have concerns that we've lowered that even more to 30 and the other thing is if the child enters that kindergarten and they  doing this assessment which we have been doing for sometime, a lot can change for the health of as child over their cost of education So, why isn't it being done again, before really concerned about the child age five or age age 6, what about when they are age 13, and I do worry that distincts a bit strange to me and so I wishwe have more information this is really big policy and I know that we are all concern with the health of our children and we just don't want to give more paper work for a school and really give over extremely confidential information, the obesity of our child, family issues, genetic disorders, mental conditions, it is very sensitive information and I just want to be very thoughtful about that. So at this time I will though read, Thank you. For what purpose does the gentleman from Robeson Representative Graham rise? Thank you Mr. Speaker can I have a question for the bill sponsor. Would the gentleman from Gaston yield to gentleman from Robinson?   Will be an honor Mr. Speaker. He yields. Thank you Mr. Torbet I have a question and I'm doing this because I'm kind of confused on the language in the bill and my question when a child officially enters kindergarten they are allowed to be enrolled even if they don't have the health assessment so the child can officially enter on day one as an enrolled student in that school without the health assessment. Mr Speaker it's my understanding that of course you enroll your child for the grade level whatever this case is kindergarten. My understanding that name goes on the list, then you're asked to provide certain documentations, specifically today in kindergarten since that's the only year that this is asked for currently, then of course your basic information of which one is the health assessment. So that same very simple process is just now being expanded to whatever grade level the child enters for the time, and I hope that the thoughts that same less and optimistic that we're presented generally from Mecklenburg, that what we're to do is to ensure that the safety and the learning education ability of that child at whatever grade level, and the children that child will be entering in the classroom with is where we're trying to protect. That protection today in North Carolina is nonexistent, and so the opportunity and optimism of that is that now any child in any grade in any classroom North Carolina, has some safety margin to that anyone has been provided or has been asked about provide a health assessment to protect not only but all individual, learning capability and ability but also there to cheer the classroom too. For what purpose does lady from Missouri, representative Steven a rise? For a point of order I mean it's thursday and I think for the hour we're anxious and we got things we want to say but the debate on previous one and the debate on this one seem to be the underline bill instead of the motion to concur changes that came over but wanting to debate the entire underlying bill and as I understand, that is not proper procedure. The Chair thinks that the lady in, it is the ruling of the chair that in order to understand the motion to concur you must understand what changes were made in the senate and therefore based on the president of the house it will be in order to discuss the changes that were made in the senate and the chair believes that is what's been going on gentleman from Robinson Representative Grant, what purpose do you rise? I just have a follow up Mr. Speaker. Would the gentleman from Gaston yield the gentleman from Robinson? Certainly Mr. Speaker. Just want to make sure I understand. I want to support this but I want to make sure I understand what I'm supporting. Thank you for the support. No child is eligible for entry into kindergarten. Enrollment and enter is two different things?

That's my understanding Sir. So you you're telling me that the child can enroll but is not eligible to enter and sit in that classroom. I will double check for you, but that's my understanding. Thank you Mr. Speaker. For what purpose does the gentleman from [xx] Representative [xx] rise? The Chair? For what purpose does the gentleman from Wales rise? Question for Representative Cotham please? I have a question for Representative Cotham. Will the lady from Mecklenburg yield to gentleman from Yes Mr. Speaker. She yields. Thank you Representative [xx]. I want to ask you a question about ADM Camp for your experience in the school, could you explain to us exactly how the beginning of the year works in reference to that ADN Camp? It's been a while I just wanted to make sure that they were physically present, because that is what we always looked for, was the child physically present in the class to be counted for the first 20 days, and so if they were not there then it was marked an absent, and if they were home bound but still enrolled, then that was okay, so that's why I asked those questions specifically to that Can I speak to the motion. The gentleman from Wilkes has the floor to debate the motion. With Rep. Torbett's comments about how that works. Rep. Graham, they are very accurate. At the beginning of the school year there are multiple AVM counts that take place to ensure that the numbers of children that are enrolled that the proper numbers come down. Even with the fiscal staff, I've addressed the issue of trying to do multiple AVM counts, maybe a midyear AVM count. They said the fluctuation of students is less that 2% and also there's money set down as a buffer for these kids moving. So the concern that's being argued about an improper count of the kids and the child will not be funded because they did not have their health form is inaccurate. The money's is set down with the buffer to where we are assuring that our kids are funded regardless of the health form or if they have to sit home for a week because they don't have it. So a concern with that part to the motion, I don't think it's a valid argument. Thank you. For what purpose does the lady from Wake, Rep. Adcock, arise? To debate the bill. The lady has the floor to debate the motion. Thank you, Mr. Speaker. I'm going to speak in support of the motion to concur. While I would have been more satisfied if we had stuck to the 60 days that the House amended this bill to say, I do think this is good public health policy. Currently the law that upon entrance to public school at age five then a child has to have a health assessment. I think this bill extends that policy and makes it consistent for a child regardless of their age at the time they enter school and creates a level playing field when it comes that child's health and well being. For those reasons, I plan to support this motion. Thank you For what purpose does the gentleman from Cumberland, Rep. Glazier, arise? To debate the motion, Mr. Speaker. The gentleman has the floor to debate the motion Thank you, Mr. Speaker. I voted for the bill when it left the House, and I think there were some good amendments made and I appreciated the work Rep. Torbett did. I also and in then complete a cord with the policy, the health policy here but I do think there's an issue in language in section, the first section, section two of the bill under 138 - 440 and it may have come about when the senate made some language changes but I want to read the couple of lines which I think create a real problem and I think this should be corrected but here's my concern, it's a bit on the line of Rep. Graham's so it says every parent shall submit provide proof of the health assessment who's presented for admission in kindergarten or whatever grade for the first time, then it says the health assessment shall be made no more than 12 months prior to the day the child would have been eligible for initial entry. Now the problem line, no child is eligible for initial entry unless the health assessment is essentially submitted. Then we go on and say but you have a 30 date efficiency period when you will be notified, sort of a 30 day period to try to get it if you didn't have it and then we say if that doesn't happen then there'll be a pension but you can make up the work. Well, I think that sentence says you're not eligible for initial entry unless the assessment is presented is in conflict with saying that you can be there earlier and be there for the 30 days and oh by the way we can suspend you. If you don't have it you can't suspend a student that's never being allowed to enter, so it seems to me there's just a lack problem, I think Representative Torbett is right about what ought to happen. That is I think what we're

trying to say is, you're allowed in sort of a probationary period, but you got to have your health assessment form. And you get 30 days to get it there if it's not there, and if it's not there then we're going to suspend you, you can make up the work but you got to get the form. But that's not what this is. I think this can clearly be read to say you're barred from initial entry. That sentence is in conflict and with that I would just ask Mr. Speaker if I could ask Representative Torbett a question. Would the gentleman from Gaston yield to to the gentleman from cambron? It would be an absolute delight I Mr speaker. He yields with delight. Thank you Mr speaker. Thank you Representative Torbett. My question is, rather and I don't really care which way we do it, but I wonder if you would be willing to postpone this until Monday to try establish what that sentence does, so that if it is just needed to be cleared, it either can be taken care of in a conference, or in an agreement to do it in technical corrections or somewhere else but I really do think that there is a legal problem with that first paragraph, unrelated to anything you are tying to do with the health policy and I just think a little bit of time might work till Monday to reflect on whether we are doing wrong here. Thank you for that question, Mr. Speaker. For what purpose does the gentleman from Gaston rise? Inquire the chair sir. Gentleman may state his inquiry. Would be inappropriate at this point that if I provided that request from the gentleman from Cumberland that the people making modification for the bill would not be attorneys changing other attorneys language but that general paper or some people trying to understand would make those alterations Representative Tobert is to chair opinion that is practice of the house representatives not to discriminate against any from of life including the attorneys. Thank you Mr. Speaker, any out there answer the gentleman form [xx] question is recognized to respond to the gentleman from Cumberland. Rep. Glazier, within the [xx], we have members of the legal profession providing language and members of the legal profession saying the language provided is not adequate enough to justify a just cause. With that said sir, if you assure me that you and I could get together at least by the time of session say Monday or Tuesday, that you from the attorney aspect and me from the just normal citizen aspects, that we can clarify any concerns you may have within reason that I will deem acceptable. I would be more than happy to pull this from the calendar today. Yes. For what purpose does the attorney for Cumberland rise? Members, did the chair understand the gentleman from Gaston would like to remove the motion to conquer from today's calendar and re-calendar for Monday, August 3rd? Mr. Speaker what purpose gentlemen from camel representative a raise? Thank you Mr speaker. Inquiry of the chair Gentlemen may state his inquiry it's my understanding that the gentleman from Gaston does intend to remove it I wonder if I could ask him one question before he makes such a motion would the gentleman from Gaston re-order the gentleman from Cumblin It's a most esteemed honor Mr. Speaker Thank you Mr. Speaker and thank you Mr. Tobby in your process of deliberation could you or consider sense that's technicality as I understand having worked from schools previous. All absence is must include some kind of code, and the codes arranged from illness to truancy to suspension to all these Senate can you divulge to how you code the absence of such a child? The answer to that if we're allowed to provide some type code for in absence for parental to prepare a proper documentation put a child in school I think we can do that, in short of that I don't have a good answer for u and we will look at that if Representative Glasier concurs, Thank you Mr. Speaker. Members the gentleman from Gaston has moved to remove the concurrent vote from on senate committee number two House Bill 13 until Monday August 3rd if there's no objection to that motion so chair will just order that change, so order House Bill 607 the clerk will read. Representative Mayer and Whostone House Bill 607 is ability for the entire to authorize the placement over protective consumer, please

on protective consumer credit report general assembly North Carolina enacts. For what purpose does the gentleman from Orange Representative Meyer rise? To offer a motion Mr. Chair do you want to state his motion.   Mr. Chair I do move that house of representatives concur with the senate committee substitute to house bill 607. The general from the Orange has moved that the house do concur with senate committee substitute for house bill 607, gentleman from Orange is recognized to debate the motion.   Thank you Mr. Chair, ladies and gentlemen this is a bill that has passed the house unanimously and the senate unanimously it provide identity theft protection to children or adults who are under the guardianship of another adult, the senate changes simply bring the new language in the bill and the conformity with the existing identity theft protections and remove one set of language in the existing law that would be made redundant by the new language in this bill. I ask for your support to provide this protections to citizens of our state.   Further discussion, further debate on the motion to concur? Seeing none the question before the house is the motion to concur with the senate committee substitute for house bill 607 who's favoring concurrence will vote aye those oppose will vote no, the clerk will open the vote The clerk will lock the machine and record vote with 103 having voted in the affirmative and none in the negative, the motion to concur is adopted the Bill will be enrolled and sent to the governor. Members of the Chair could have your attention, Chair has consulted with the Minority Leader and would seek permission of the body to remove House Bill 215 which was earlier sent calendar pursuant to rule 36b, to add that to the days calendar for the purpose of not conquering. Is there objections to adding House Bill 915, the short title. The chair apologizes. Is there objection to adding House Bill 215, short titled Procedure for Waiver of Jury Trial, to today's calendar? For what purpose does the gentleman from Robeson, he does not rise. Seeing no objection, it is so ordered. House Bill 215. The Clerk will read. Reps. Stevens, Bryan, Floyd and D. Hall. House Bill 215. A bill to be entitled an Act to [xx] the Procedural Waiver of the Right to Jury Trial in Criminal Cases in Superior Court. The General Assembly of North Carolina enacts. For what purpose does the lady from Surry, Rep. Stevens, arise? For a motion. The lady may state her motion. Mr. Speaker, I move that we do not concur with this bill. The lady has moved that the house not concur with the Senate Committee a substitute for House Bill 215, further discussion or debate on the motion? Representative Davis gentleman wish to comment on that? No Sir, I was going to ask if I could be noted as voting yes on House Bill 607, I did not vote but I was in the chamber. The gentleman from new hand over of Senator Davis will be recorded as having voted aye on the concurrence motion for House Bill 607 for what purpose does the gentleman from Craven represent the Basally rise? Just a bill sponsor question. Would the lady from Missouri yield the gentleman from Craven? I will. Can I ask what the reason for not concurring is? Certainly, and I'll be happy to explain. The House sent over for a very good bill that had been people we vetted and had come to us, also from the Courts Commission. The senate changed the Bill rather dramatically at the request of DA's Association and we sought We want to maintain our position with them, this is the process that we did the constitutional amendment, and we feel much stronger about our position. Further discussion, further debate? Seeing none, the question before the house is the motion not to concur with the senate committee substitute for House Bill 215. Those favoring the motion

not to concur will vote aye, those opposed will vote no, the clerk will open the vote. The clerk will lock the machine and record the vote, with 104 having voted in the affirmative and none in the negative, the motion not to concur is adopted. The lady from [xx] has also requested that [xx] be appointed, the chair appoints the following. Representative Stephen's chair, Representative Daughtry, Representative Stam, Representative Glazier, Representative Brian, Representative Dwayne Hall, Rep. Floyd the Senate will be so notified. Mr. Speaker. For what purpose gentleman from Gaston arise? For a motion speaker? The gentleman may state his motion.  Thank you. I'd like to move that House Bill 13 be removed from Monday's calendar and placed on today's calendar, to receive additional motion to not concur. members, is there objection to moving house bill 13 from Monday August 3rd calendar to today's calendar for the purpose of a motion not to concur. Seeing none, House Bill 13 the clerk will read. Representative Toby house bill 13 has not been tied to require each child represented for admission into a public school for the first time to submit proof of fair assessment, to acquire in their absence due to their failure of presence of health assessment. Transmittal from not suspension to allow the student to make up the work missing, [XX][XX]   For what purpose does the gentleman from Gaston Representative Torbett rise? For a motion to speak briefly on the motion Mr speaker. The gentleman may state his motion and then speak briefly on his motion. Thank you motion would be to not concur to house bill 13 if I could speak briefly in the that motion Mr speaker? The gentleman from Gaston has moved that the house not concur with the senate committee student number two for house bill 13 gentleman from Gaston is recognized to debate the motion. Thank you very much Mr speaker I'd like to explain to the members of the hose as well what were are trying to accomplish here I've spoken to Representative Glazier from Cumberland and we both agree that with the drafting of this bill there's a little nick in it and we'd like to remove that nick just as soon as possible and seems to have the easiest path to have that done is perhaps not to concur today go ahead and set Conference Committee up, perhaps they can meet Monday, it could be resolved and be back on the calendar either Monday or Tuesday. That was a hope Mr speaker and a small conference committee would be respectively asked for perhaps Representative Glazier myself main reason is although this handled in the technical corrections bill there were some uncertainties as to whether that actually be a technical correction bill based on not having one last session so that's the method Mr speaker I wanted to explain that to you and the members of the house. Further discussion further debate on the motion not to concur with senate committee substitute for house bill 13? Seeing none the question before the house is the motion not to concur with the Senate Committee Substitute Number 2 for House Bill 13. Those favoring the motion not to concur will vote Aye those opposed will vote No, the clerk will open the vote. The Clerk will lock the machine and record the vote. With 103 having voted in the Affirmative, and 0 in the Negative, the House has not concurred with House Floor 30 with the Senate Committee Substitute Number 2 for House Floor 13. Members the Chair is going to ask the pages to come to the front of the chamber. Pages, on behalf of Speaker Moore and Speaker Pro Tempore Stam, the Chair wishes to sincerely thank you for your service this week it's all the members hope that you found this week rewarding that you have learnt something that you can take forward with you that you will encourage other people your peers to all also apply and attend and take part in the page program. All the members of the house sincerely appreciate your work this week and we will now rise and say thank you. The pagers may return to their station, notices and announcements for what purpose does the gentleman from Rowan representative Ford arise? Point of personal privilege The gentleman has the floor you may speak up to three minutes to a point of personal privilege.

Thank you Mr. Speaker I just wanted to say congratulations to the glowing American legend baseball team for winning the state championship this week. For what purpose does the gentleman from Cabarrus Representative Pittman rise? Point of personal privilege. The gentleman has the floor and may speak up to three minutes for a point of personal privilege, the house will come to order. Thank you Sir, just want to state I will not be here on Monday because my wife Tammy who's also my [xx] will be having sir[sp?] before Tom Muniscar[sp?] center [xx] and hopefully she'll be back with me on we will see how she does, and we appreciate Parish for her surgery. Thank you. For a purpose the gentleman from Garston Rep. Representative Torbett rise? For a motion Mr. Speaker.   Not quite ready for the [xx] Thank you very much.   Members, the Chair is going to take a moment of personal privilege. This week I am honored to be sponsoring, and before I begin this the young man told me that he is rather tired of the attention that this has brought, so for any inconvenience this causes the Chair does apologize in advance. This week I'm honored to be sponsoring Jonathan Beasley as a House Page. As many of you know, a deck on a home in Emerald Isle crushed on July 4th. It injured 25 people, with 14 of them requiring hospitalization. Before any emergency service personnel had responded, Jonathan was there at the time of the collapse and he rushed in to help pull people from the wreckage. He selflessly put himself in harm's way in order to save others and his service is to be commended. Would you please join me in commending this young man? Further notices and announcements? If not, the gentleman from Gaston  representative [xx] is recognized for a motion. For a brief moment of. The gentleman is recognized to speak up to three minutes to a point of personal privilege. Thank you. Just hearing that story and seeing the gentleman rise to that round of applause just gives me additional hope in our future and we need a thousand more just like him. Thank you for sharing that with us, Mr. Speaker. Mr. Speaker, I move that the House now adjourn pursuant to message from the senate, committee reports, conference reports, refferal of bill resolutions appointee of [xx] to reconvene Monday August 3rd at 7 pm. Rep. Torbett has moved that subject to receipt of messages from the Senate, committee report, cover support re-referral of bills and resolutions and the appointment conferees that the house now adjourns to reconvene Monday August 3rd at 7 o'clock pm. The motion is seconded by representative Landon, those in favor will say aye, aye those opposed will say no the ayes have it and the house stands adjourned.