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House | August 10, 2015 | Chamber | House Session

Full MP3 Audio File

The house will come to order, members will take their sits, visitors will retire from the chamber, the sergeant at arms will close the door. We ask that all members and all visitors in the gallery please silence all electronic devices, this evening's prayer will be offered by Representative Warren. We ask that all members please stand as well as our guests in the gallery, please stand and all stood remain standing, for the pledge of allegiance, Representative Warren. Thank you Mr. Chair, you all join me in prayer. Heavenly father, creator of all things, seen and unseen, known and unknown, we come together this day, asking for your guidance as we address the issues before us, Father help us to refrain from politicizing in [xx] the discussions that we are about to have, inspire us to redirect our discussions and our final decision to the alpha made true agenda, your agenda to benefit all the people of North Carolina, those present and those to come. Finally further burden each and everyone of us reminder there are idealistic reasons, many of us originally sought this responsibility and hold us true to those values today and every that we assemble to work on the issues before us, we ask this prayer many of us in the name of Jesus Christ, your Holy Son. Amen. 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 Harnett, Representative Lewis is recognized for a motion Mr. Speaker the journal for August 6th has been examined and found to be correct, a move to stand approved is written. [xx] move that the journal for August 6th be approved as written, those in favor will say 'aye, as opposed the Aye's have through this written, ratification of bills and resolutions, the Clerk will read. [xx] for presentation of the governor Senate Bill 581 enact to the right of Department of Transportation since started the process for accepting subdivision street dedicated as public on the state highway system for maintance, and to amend the senator property owners needed to approve traffic line, devices for certain divisions. House bill an Act to Amend the Law Pertaining to the Medical Support and Health Insurance Coverage Relating to Child Support, to Align State Law with Federal Guidelines that no longer include the provision that employee-provided group health insurance is automatically considered reasonable and to modify the long term care [xx] program perform the federal guidelines. House 371, an act grading the civil claim for relief for damages sustained as a result of terrorist act, amend the laws related to members national guard carrying concealed weapons and submit to rules to the decommission to retain [xx] under several stances Introduction to bills and resolutions. The clerk will read. The committee on rules, calendar not based in the House. House resolution and four to four. A House resolution respectfully partition the cities will stand as committee of United States as opposed to [xx] United States to issue a commemorative stand ordering the [xx] down. The bill is referred to the committee on rules calendar and operations of the house, special messages from the Senate, the clerk will read. Members, I know there are a lot of conversations going on, and I know this is sort of the routine part of things. I would ask the folks who have conversations to step up House call we have several non votes to go through for a while so you won't miss anything, but I believe there are members who are trying to pay attention to what is being said. Say again, if members need to have conversations above a very small tone, please step on the floor. The clerk will read. Mr. Speaker, the Senate received on August 5th 2015, that the House Representatives failed to concur on House Bill 334- Senate Committee Substitute for [xx] a bill to be entitled an act to establish the office of charter schools located under the state board of education to modify the charter school advisory board and to enhance the river school application process. The president appoint Senators Clark and Sanderson to concur to consult with like committee appointments [xx] to end the deficients arising [xx] respectively sir [xx].

Noted. Messages from the senate the Clerk will read. House bill 168, the [xx] inventory Calender on rule 36V. House bill 571 [xx] power plant. Bill is referred to the committee on rules calendar on operations of the house. House bill 792, privacy protection act [xx] postings. Calender [xx] 36V. Representatives Davis and Floyd are recognized to send forward their committee report the Clerk will read. Representatives Davis and Floyd, local government committee report, senate bill 159, transfer of property [xx] house committee substitute 507 committee substitute number two we are waiting for it to finance. Said Committee substitute number two is referred to the placed on the unfavorable calendar, the house committee substitute is re-referred to the committee of Finance. Calendar. House Bill 184. The Clerk will read. Representatives R. Brown, Cleveland, Floyd, and Riddell, House Bill 184, a bill to be entitled, an act to allow the department of cultural resources, office of archives and history, to use the net proceeds of the sales of artifacts for maintenance of the conversation. For what purpose does the lady from Davidson Representative Brown rise? For a motion Mr Speaker. Lady is recognized for a motion. Thank you so much. I move that we concur with the senate committee substitute for house bill 184. Lady has made a motion to concur, the lady has the floor to debate the motion. Thank you so much. If you remember we passed this bill out of the house 108 to nothing, but the senate amended it three times and then they passed it back to us unanimously, and I'd have to say it is a better stronger bill than when it left us, and if you'll permit me I'll just go through those three amendments pretty rapidly, if you have any questions I'm more than happy to accept those. The first amendment just re-doubles our efforts to reunite owners with properties that has been lying to the department of cultural resources and in this apps the senate, changed the amount of time that notices must remain on their websites it's amazing that they're they have artifacts that are worth over $10, 000 and for those folks that have let those artifacts there that are worth that much we're going to have them keep them on their website for at least a year anything less than that, we're going to up it from 80 to 180 days, if you have any questions I'll be glad to accept at the moment this amendment and it's a good one and DCR is in full agreement. The second amendment clarifies that the work product of DCR particularly as it pertains to shipment and their videos, and their photographs they are public record and as such they're protected under the North Carolina public records law this has absolutely nothing to do with the current law suit, the shipping of the current planning of events has nothing to do with that, has no effect on any on going contracts are permitting, but it will clarify the process from this moment forward and I'd ask for your concurrence on that as well. The third amendment was suggested by the state treasurer and has the approval of the attorney general's office and the North Carolina, retail merchants association and the substance for this amendment states. That when a retailer issues your gift card for credit balance of the customer, and it has not expiration date, the three years is not a sheathed back to the state and I didn't know this, there might be those of you who don't understand this and I din't understand this initially as well, but say; you are given a gift that you can't use, and you don't have a receipt you take it back to the merchant. The merchant looks at it and says, Yes, you did get this from my store, and I'm willing to give you a gift card. Well, you may find something to exchange it with, that exactly that amount, that fine, but if you don't, if it's less than the amount that of the original purchase or if you just don't find anything the merchant will go ahead and give you that gift card, and if there's no expiration date, he's on the hook to you forever. As long as his business is there he's on the hook for that payment to you and I didn't realize that after three years, if you don't cash it in and I'm notorious or doing this, for having 2.50 on the card and forget to turn it in. That money is [xx] back to the state, so that merchant is saved twice, he is on the hook to you for the amount of that balance and

then he achieves that back to the state the same amount after three years. This is the most unfair practice when the senate put this in my bill, I was unhappy about it initially, but then when I really looked at it, I thought, this is such a great amendment and I was so on favor of this. So I really would ask that you concur with this amendment as well, and I'm happy to stand for any questions. Mr. Speaker?  For what purpose does the gentleman from Durham, Representative Lubkey, rise?  To see if Representative Brown will yield for a question.  Does the lady from Davis yield to the gentleman from Durham?  I'll do my best. She yields. Thank you I understand the explanation for what the problem is right now was not clear to me what the fix is, what in the amendment what's the fix you said the return merchant association will like this fix, if you tell me just what the amendment says.  Okay, when this bill asked it's going to be retroactive up to 2012, there's your three years, this would no longer be the practice in North Carolina, it would stop. So, they would not have to reschedule it, we are responsible, if we have a gift card that has a credit balance, we are responsible for seeing that, we spend that. They are not responsible for that, so from this bill going forward, they will no longer have to shade it back in this state, but they will in good faith, as long as that business is in operation, they will after honor that court and this is only for this court we know the expiration day, if you get one that has, this is our meet point. Does the lady have an additional question? I do. She yields. You're saying with the amendment we still have, we'd have a situation where you'd still have $5 credited on your gift card and now I have $5 in mind, we could still cash that in? Absolutely, so it's good for us. You can without this bill, the margin is still on the hook for that, we just saying that he no longer has to shit it back to the state that you are irresponsible and don't get the balance, spend the balance. you. What purpose does the gentleman from Rutherford, representative Hagar rise, further discussion further debate, if not the question for the house is the motion to concur with the senate committee substitute, house bill 184, those in favor will vote aye, those opposed will vote no, the clerk will open the vote Representative Weamor on the floor representative Alexander hear this gentleman on the floor representative Baskerville. The clerk will lock the machine and record the vote 107 having voted in the affirmative and none in the negative the motion is concurred adopted the bill is ordered enrolled and sent to the Governor, house bill 512 the clerk would read. The conferees are called to resolve the difference between the senate and the house of representative on the house bill 512 a bill to be entitled an act to allow time extensions for implementation of back-up PSAP requirements, to define uniform standards for back-up PSAPS, a bill to be entitled an act to allow time extensions for implementation of back-up PSAP requirements, to define uniform standards for back-up PSAPS, to develop a master purchasing list for 911 system eligible expenses, and to prohibit the double taxation of city residents for 911 dispatch services.  Senate judiciary committee substitute Senate Judiciary I Committee Substitute Adopted 7/2/15, Third Edition Engrossed 7/15/15 and the House Concurred on the Senate Committee Substitute as amended. Delete the entire Senate Judiciary I Committee Substitute Adopted 7/2/15, Third Edition Engrossed 7/15/15 and substitute the attached Proposed Committee Substitute H512-PCCS40499-SA-2. the conferees recommend that the Senate and the House of Representatives adopt this report. The conferees will report August 6th, 2015. Conferees for the Senate [xx] Chair, [xx] Huges and Sanderson, conferees for house representatives. Representatives Martin Chair representatives Saine, Brown, Boles and Butterflied. What purpose does the lady from Wilson Representative Martin rise? For a motion, Mr. Speaker. The lady is recognised for a motion   Thank you, I move that the house do adopt  the  conferees committee substitute for house bill 512 Into debate the motion.  The lady is recognised for the motion to adopt the conference report. Thank you Mr. Speaker. Members of the house, this bill originated, been over to the senate with unanimous support,   it was very simple to extend

the deadline for having a backup [xx] and we brought the community together with the 911 director and the folks who are knowledge about this topic, it's something I'm not  knowledgeable about, but everyone came to the table and they worked on the language, it was a good bill, no one opposed it. The Senate made one change to this part of the bill that strengthened it which was, To make a date certain that the county had to have it in place.  So the change that we're keeping in the conference report is that, county has to get approvals, specifically by the 911 board, and still have the full back plan implemented by July 1st 2017. so that straightens it. The part that we took out was house bill 730 that was added to this bill in amendment in the senate committee. So this had a strong statement but was a lot of implications between counties and cities and what it would mean so we're going to take that out and continue working on it and it may cross over and that is with the support of the bill sponsor of house bill 730 Jason Stein, so if you have a questions I'm happy to take them but again this kind of pulled apart two pieces got added together and we're back to the original part of house bill 512 that we passed so thank you. Further discussion, further debate? If not the question before the house is the adoption of the conference report for house bill 512. 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. 107 having voted in the affirmative and none in the negative the conference report for house bill 512 is adopted the senate will be so notified. House Bill 394, the Clerk will read.  Representatives Goodman, Waddell, Pierce, and C. Graham, house bill 394, a bill to be entitled an act to authorize Franklin, Nash, Robenson, and Rutherford counties to use the proceeds of the local government sales and use tax for public transportation for school construction and little for the transportation, general assembly of North Carolina annex.  For what purpose the Gentleman from Richmond, Representative Goodman rise? To debate the bill. The Gentleman has the floor to debate the bill.  Thank you Mr. Speaker. We had great progress on this on Thursday For what purpose does the Gentleman from Nash, Representative Jordan rise? To send forth an amendment. The Gentleman is recognized to sent forth an amendment. The clerk will read Representative Jordan moves to amend the Bill on page one, line two which changes the title on the lines to read The Gentleman from Nash is recognized to debate the amendment. Thank you Mr. Speaker. In an attempt to catch the train that had left the station I'm looking forward from my district we're going to have to be building a middle school in the very near future, and I thought this might be a possible future instrument for my district. Thank you Mr. Speaker. Further discussion further debate on the amendment? If that is the quest before the house says the adoption of amendment two sent forth by the Representative Jordan. Those in favor will vote 'Aye', those not will vote 'No'. The clerk will open the vote. The clerk will lock the machine record the vote. 101 having voted in the affirmative and 6 in the negative mechanism adopted. Members the amendment to this bill is material, which means the second reading of the bill will be pushed to tomorrow. So the bill remains on the calendar. house bill 287 the clerk will read.  Representative [xx] [xx] house bill 287 an Act to make Conforming and Clarifying Changes to the Laws Governing Professional Employee Organizations, Insurance Company Deposits, Continuing Care and the community's Health Insurance external reviews Health Insurance [xx] and Insurance company names to revive the study to the Health Insurance premium rate review process and monies from the insurance regulatory fund to implement that study as recommended by the state [xx] allowing [xx] individual have tax reduction for investment who concur losses for [xx] fraudulent investment arrangement general assembly for North Carolina enact. For what purpose does the gentleman from Gaston representative representative Bumgarder rise? To speak on the bill. Gentleman has the floor to debate on the bill.  Thank you Mr speaker, this bill has gone from insurance to appropriation, to J2 to the house floor, to finance, to rules, and now back to the floor. I think it's been I think everybody in here has heard it and I would appreciate a vote.

Green thank you. Further discussion, further further debate if none the question before the house is the passage of house bill 287 on its second reading. Those in favour will vote aye, those opposed will vote no. The clerk will open the vote clerk will lock the machine record the vote. 107 voting in the affirmative, 0 in the negative, house bill 287, passes on second reading, without objection will be read a third time. [xx] All in favor will say aye, Aye all oppose will say no, and continue the chair ayes have it, the house bill 287 has passed it's third reading and we will be set to the sent. Mr. Speaker. Yes sir, Mr. Representative [xx] Thank you Speaker Jitter arise just so I can say Speaker Jitter thank you. Gentlemen I have some order. House bill 482, the clerk will Korir, [xx] But serious [xx] for the entire an act to enact the Employees Fair Class Protection Act. The General Assembly of North Carolina enacts. Mr. Speaker Representative Louise is recognized. For a motion.  Go ahead.  The speaker a move that house bill 482 be removed from [xx] rule 36B. Discussion on debate, without objection. [xx] Representative Luebke.  I couldn't hear Representative Louis to when he was re-countering. Calendar pursuant to 36B is the motion. Thank you. Without objection, so ordered. Senate bill 699. Clerk will read. Senator McKissick. Senate bill 699. A bill to be entitled an act to protect certain personal information of law enforcement officers from disclosure. The General Assembly of North Carolina enacts. Representative Hager is recognized.  Thank you, Mr. Speaker to speak on the bill. Gentleman may speak on the bill. Thank you. We're sitting on the J1 when Senator McKissick ran this bill, and I thought this is a good bill and I asked him if I could carry it on the floor. This bill adds to the list of exempt data that can be sent out to the public and Mr. Speaker, I think Representative Malone may have an amendment speaker I think representative Monroe may have an amendment for this bill if you ask him, Representative Monroe, please state your purpose, I'd like to move the movement at the desk.  Gentleman is recognized to make a motion on to present the amendment Thank you Clerk will read President Mallon moves to amend the bill on page one  lines 25 by rewriting that line to read.  Ladies and gentlemen, on the 30th of April dearly passed 477, 114 to zero and what it did was it made public records was said public shall not include local mobile telephone numbers issues by local county or state government t any of the following sworn local leaders, sworn employees, republic law enforcement agency rather, an employee or a fire department or any employee whose duty include involves responding to an emergency. I just ask for your vote. Vote green. Thank you. further discussion further debate? If not the question for the house is the amendment one on senate bill 699, those in favor will vote Aye, those oppose will vote No, the Clerk will open the vote. The clerk will lock the machine will record the vote. 106 having voted in the affirmative and none in the negative the amendment passes. Representative Quinn, please state your purpose.  Yes I would like to be recorded as voting aye on the joint amendment for 394. Representative Quinn will be voted as voting aye on the amendment for 394. Representative Rodney Moore of Mecklenburg, please state your purpose. To have my vote recorded Mr. Speaker, I was in the chamber couldn't make it

over across the chamber for the previous amendment. Representative Moore will be recognized as having voted my own amendment 269, Further discussion further debate on the bill? If not, question for the the second reading on senate bill 699 all in favor will vote aye, all opposed will vote no, the clerk will open the votes the clerk will lock the machine and record the vote. 106 having voted aye, zero voting no, senate bill 699 passes on its second reading and without objection will be read the third time General assembly or North Carolina enact. Further discussion, further debate? If not those in favor will say aye. Aye! Those opposed will say no, and the opinion of the chair is that aye's have it, and the aye's do have it and senate bill 699 passes on it's third reading and will be ordered and grossed and returned to the senate. Members of the chair also failed to introduce nurse of the day who's actually with us right now [xx] from Ms Downey, thank you for being with us. Please join me in welcoming our nurse of the day. I would ask the pages to come forward. Miss Waiters[sp?] our page this evening, Miss Winter[sp?] thank you for serving as a page this evening, we're glad to have you here, thank you. I hope you make a lot of friends and learn a lot this week, notices and announcements for what purpose does the lady from [xx] representative Stevens rise? Mr speaker, I was almost too late but I just also want to say speaker Jader, because that did not pick chance again, speaker Jader. That's a nice ring to [xx] for what purpose does the gentleman from Wein, representative Bill rise? Point of personal privilege. The gentleman is recognized to speak to a point of personal privilege. Mr. Speaker, members of the [xx] a couple of weeks yeah I went to the doctor's office, to get a healthy system, to get back in shape and live a healthy lifestyle and as you realized we could about kill me I want to thank everybody for your thoughts and prayers while I was in the hospital last week. I appreciate the emails, the phone calls, etc. I'm doing well when you start for me a list say in the session. Thank you very much much. For what purpose does the gentleman from New Hanover, Representative Davis, rise? For an announcement. The gentleman has the floor for an announcement. Thank you, Mr. Speaker. The finance committee Oxitech Subcommittee will meet tomorrow morning at 8 O'clock at room 544, will consider house Bill 504 which is the county Oxitex increase. Thank you, Mr. Speaker.  For what purpose does the gentleman from Gaston, Representative Hastings, rise? For an announcement. The gentleman has the floor for an announcement. Just to announce that the House Finance Committee will meet in the morning at 8:30 AM in room 544 for what purpose does the gentleman from Guiford, Representative Faircloth, rise? For a point of personal privilege.  The gentleman is recognized to speak to a point of personal privilege. The House will come to order. The gentleman has the floor. Thank you, Mr. Speaker. Last Thursday August 6th I had intended to raise this particular item but because of the importance of that particular day that many of our members spoke to chose to wait until tonight but last Thursday, August 6th was 71st anniversary of a phenomenal feat by one of our World War II heroes that is very seldom heard about. And since this person is a North Carolina Hero and they will soon be this fall I am hoping there will soon be a documentary coming out on his life. I want to tell you about one incident that happened on August 6th 71 years ago. If you go through Greensboro, business 85 through Greensboro is Preti Boulevard name for George Preti, who was a Major in World war II flying for the

army aircon and is the six leading AC of all time and was at time of his death, he was the leading AC in the European theater he finished up by taking third place there. I want to tell you about what happened on August the 6th, sort of tells us something about this great warrior. The night before, PretI, who already was an ace several times over, was scheduled to fly the next morning and lead out at a flight to protect B17s going to Brandenburg. The weather soaked in and they couldn't take off didn't think there could be [xx] they cancelled the flight. As the fighter pilots were prone to do, they love to party. So, they decided since they weren't going to fly the next morning they just have a party. They all started drinking, shooting Craps and George actually $12, 200 that he was going to spend on war bonds at night and at 2 O'clock he staggered into bed and laid down on his bunk, couldn't have a nice sleep, and then spend the next day off in Port Flock, the clouds went away and they came in and told them they were going to fly everybody up they had to help him up. He was in pretty bad shape, and they got all the gear on, and started out to the flight line, they one of the commanders said I don't believe George can lead this flight today, and his Colonel, Colonel who later became a General, said don't worry George will be ready when it's time to go. They took off and leave. Factored over to where the they were supposed to enter amidst this bombers flights, hundreds and hundreds of bombers, and they picked up the group that it was support to escort, and all in the whole there were 30 BF, 109 German planes attacking of one box of those bombers. So George and the two [xx] flying with him, flew into this 30 plains, the battle and at 30, 000 feet, five minutes later at 5, 00 feet, he destroyed the 6th plain. Six plains in five minutes, nobody has ever done it before, nobody has done it since, and it wont happen again because they don't fight that way any more. This was grate hero, that is [xx] unrecognised here in North Caroline, and I hope you will watch for the documentary and I hope you'll remember all those from World War II the greatest generation, we're loosing them fast, but we need to remember everyone of them. Thank you very much. For what purpose does the lady from Wake representative Adler rise? An announcement. The lady has the floor for an announcement Thanks Mr. Speaker, members I just wanted to remind you of the Wednesday presentations starting at 3:30 Bertrosa will have staff and leadership from that drug and alcohol treatment center here, but more importantly we'll have residents here who will tell you their story of recovery and reintegration, and I hope all of you will make an effort to attend. We have three sessions and hopefully you'll be able to find one that will work for your schedule, thank you. For what purpose does the gentleman from Craven representative Speciale rise? Point of personal privilege. The gentleman is recognized to speak to a point of personal privilege. Moses was an elementary school, he had a classmate, who happens to now be my seatmate who had, [xx] both here last week, but we couldn't acknowledge it because he wasn't here, so I'd like to acknowledge now, a happy birthday to representative Steinburg, Moses' buddy For what purpose does the gentleman from Onslow representative Shepard rise?  Mr. Speaker for an announcement. The gentleman is recognized for an announcement.  Ladies and gentlemen of the house transportation will meet March 12th noon in room 643 we have one bill on the calendar, hope to see you there, thank you. further notices and announcements, special message from the senate, the clerk will read.  Mr. Speaker, it is [xx] be sent to the house with the information that the senate adopt the report [xx] for house bill 512, [xx] committee substitute [xx] to the entirement act to allow the extension for implementation of backup PSAP requirements, to define uniform standards for backup PSAP and to develop a master purchasing list the 911 system eligible expenses when the appropriate action has been taken by both chambers it will be ordered enrolled, respectfully, [xx]

to the clerk.  Noted the bill is ordered enrolled, and sent to the Governor. For what purpose does the gentleman from Cumberland, Representative Floyd rise? Inquiry of the chair. The gentleman may state his inquire? Mr. Speaker, could you possibly provide the calendar and the schedule for this week.? Yes sir, tomorrow's session will be at 1:00 P. M, the next day session will be most likely be at 2:00 P. M. Thursday is to be determined, and I think it's worth pointing out members that at this time it is not anticipated that we will be here past Thursday of this week, however, there is work ongoing among the budget chairs and if something moves in a positive direction we stand ready but at this point I think members can plan going home at some point on Thursday for normal week but if that changes we'll keep members informed, it is always a possibility. For what does the gentleman from Mecklenburg representative rise? Point of personal privilege. Gentleman is recognized to speak to a point of personal privilege.  Thank Mr. Speaker. I had a little fun teasing one of the general policeman today he saw me kissing my wife last week and it was probably the first time in a while he'd seen a politician kissing his own wife. He was in Durham for business and came over for us to go out to dinner and celebrate our 36th wedding anniversary, and as you may recall last March, there we're some real question as to whether or not we would celebrate that anniversary, well we did, and I know no small part because of the prayers good wishes that were lifted up by my friends on this gallery. So I wanted to thank you for the gift you gave me last week of urge of having an anniversary dinner with my wife for 36 years, thank you. For the notices and announcements, if not the gentleman from Harley representative Lewis, rise up for a motion Mr. Speaker subject to the referral of bills and resolutions receipt of messages from the senate and appointment of conferees, accomplish reports, I knew that the house now adjourned to reconvene Tuesday August 11th at one o'clock P. M. Representative Lewis moves seconded by Representative Brolly, the house still adjourns 72 received your messages from the senate, received the corporate reports and re referrals bill resolution to reconvene on Tuesday of August converge at 1 PM, those in favor will say aye all oppose no, the ayes have it, we stand adjourned.