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House | August 12, 2015 | Chamber | House Session

Full MP3 Audio File

if you already in your clear the gallery nobody here but we can get the staff done. The house will come to order members will take their seats, visitors will retire from the gallery from the chamber. Sergent of Arms will close the doors in a few moments after those folks wander in. Members and visitors will turn off the electronic devices. The prayer will be offered by Representative Bob Steinburg members and visitors in  the gallery will please stand and remain standing for the Pledge of Allegiance. Representative Steinburg. Thank you Mr. Speaker. Let us pray. External God, our father we're here before you each of us separately and all of us together because we are your children. It is too good to be true that you're saying to us now come under me all ye that travail and I will refresh you. Dear God, I pray we turn away from human reasoning, longing and fears and ask you to show us the way and lead us to the fullness of your good. Dear God, I ask for your help today I believe that you will help us, I pay for us to be guided and directed by you you and know exactly what to do. In this moment in time in prayer I ask for your direction, when you speak I pray we will listen to the stills small voice and experience an inter-knowing of what we are to do I pray we actively listen for your guidance and agree to follow where you direct I have faith that answers are being revealed< I place my trust in you and feel the security of being divinely guided. Thank you God for going before us and showing us the way to make the crooked places straight and orderly, and it is in Jesus Christ name that I pray, Amen. I pledge allegiance to the flag of the United States of American and to the republic for which it stands one nation under God, indivisible with liberty and justice for all. Representative Lewis is recognized. Mr. Speaker the journal for August 11th has been examined and found to be correct. I move that it stands approved as written. Representative Lewis moves the journal for August 11th be approved as written. Those in favor will say Aye, those opposed No, the aye's have it. The journal is approved as written. Chapter bills will be noted, I'd like to introduce, order please, in lieu of the notes of the day Gayle Ed Cock will be taking care of us and I would like to thank her for. I would like to thank her especially for her administration on my behalf last Thursday. Calendar. Mr. Speaker. Representative Lewis. For a motion pertaining to today's calendar. Representative Lewis is recognized for a motion to to today's calendar. State your motion. Mr. Speaker I move that Senate bill 15 be removed from today's calendar and re-calendared in pursuant to rule 36B. Without objection so ordered. We all [xx] here today of Representative of Yvonne Lewis Holly her

niece, Alicia Lewis. A family friend visiting Ms. Theliba[sp?] Thomas from Abu Dhabi and the United Arab Emirates, and a kindergarten teacher El Badaya at the kindergarten school. If they're here and would rise we'd like Calendar house bill 168 the clerk will read. Representative Tiger, Millie, Brady, Collins house Bill 160 on the board of the entire act from property [xx] the increase of every property here for sale by the builder, to extend the increase of the terminal and [xx] by the North Carolina enacts. We're all in House business, I'll ask you to please be quite, members of the House please be quite so we may hear from representative Hager who will explain the bill. Thank you Mr. Speaker, I wish to be recognized for a motion, speak on that motion?  State your motion? To concur with the House bill 168 You are recognized to speak on the motion.  Thank you Mr speaker. We passed this very soundly in the house when he came over if you remember when it came out of the house it was about residential in a three year exemption before they sold the house if it stayed there that long, just on the improvements of the property. The Senate put in some commercial exemptions and basically if you look at the summaries of the commercial buildings excluded for five years increase in value in the subdivision and improvements excluding buildings it's just on the improvements and infrastructure to the properties for what the senate put in and I make a motion to concur [xx] Mr speaker.  Further discussion or debate? If not, the question before the house is the motion to conquer in the senate committee substitute for house bill 168, those in favor will vote aye, those opposed will vote no, the clerk will open the vote. A few more people want to vote, Representative Terry part of the battlefield Malone, Elmore, Riddell Pendleton, Moore clerk will lock the machine and record the vote the aye are 98 the no's are 12 the bill will be enrolled and sent to the governor. House bill 113, the clerk will read. House bill 13 sorry. Mr. Speaker. For what purpose representative Pierce rise? Moment of personnel privilege We usually do that into the calendar, but go ahead representative Pierce Had members statement on the,   You are recognized. Is the group here? Yes, Mr. Speaker here earlier I think. Go ahead. Could I ask, Would the Clerk read the representative's statement. Representative statement honoring the 150th year of history of Shah University, where Shah University was founded in 1865 by Henry Martin. a native of [xx] and a graduate of [xx] college in Newton technological theological seminary and we are first college in the nation to offer a four year medical program. And whereas Charlotte University was the first historically black college in the nation to open its doors to women and whereas Charlotte University was the first historically black college in North Carolina to be granted A rating by the state department of public construction. And whereas the student non-violent committee was established on Charlotte University's campus in 1960 and whereas in 1976 a task force was appointed to develop plans for what was now known as the center for alternative programs of education. And beginning in 1980, eight [xx] locations established in addition to [xx] main campus site. Since 1994, more than 4000 students have graduated from the program. And whereas in 1997, former president Bill Clinton awarded the Medal of Honor to seven black World War II veterans based on the study lead by CharlotteUniversity's researchers. And whereas in 2009, the university was a $4.3 million grant from the National Institute of Health National Center of Minority Health and Health Disparities. To displacement coordinating, comprehensive, university-wide research infrastructure enhancement program. And whereas on March 24th 2012 the lady bears

the first national championship in school history, Charlotte one of the basket ball team won its first its [xx] to national championship by beating Ashford 88-82 in overtime. And whereas Charlotte graduates include several college presidents, a number of academic vice-presidents, judges, lawyers, recording artists, school principles, pastors, teachers of the year, the president of the United Nations General Assembly, and other notable persons. And whereas the founder of North Carolina Central University and the first presidents of Elizabeth City State, and North Carolina A&P Universities, and the third president of Federal State University were all Charlotte graduates. And whereas Charlotte student, staff and alumni contributed $133 million to wake counties economy in 2013, now therefore Charlotte University arm for his wavering service community and higher education for 150 years a witness of down [xx] statement was read in the house placed on the journal on the 12th day of August 2015, representative Garland E Pierce North Carolina legislative [xx] office [xx] clerk.  In for a motion of representative [xx] and peace of Scotland and Representative Ross Gill of White county, the Chair is happy to extend the courtesy of the gallery to the president of Charlotte University the board of directors member staff and alumni including Representative Pierce shall I read the list or do you want to breathing. Actually [xx] the President Lodesha Highes, Mellissa [xx], Florenda, Stanley Anderson, Jeff Randolph [xx], George Debnam, H. Donell Lewis, Bobby Sanders, Vivian McCoy, Alfonso Carters, Stanley Elliot, Keith Pal and Gwen [xx]. If you would all stand please so we may greet you. Before I recognize Representative Chris for his additional remarks. With that objection rule 12D regarding food is suspended, objection so ordered. [xx] Yes, Thank you, Mister speaker. Thank you, colegues. For allowing us the opportunity this afternoon. It is an honour and the biggest of weapons for Shawl University firmly to the North Carolina general assembly, as it could change the celebration of 150 years of education and service. Today we recognize as the oldest historic black college in the South, particularly in the state of North Carolina. With your full this great institution and many other HPCU universities were birthed and assisted in the forward progress of the black community. Shaw University has provided many opportunities for African American, men and women throughout the nation and assisted in helping those in professions, doctors, lawyers and others in educators, this is Shaw U. Shaw University is an institution that understands that education is important to change individuals and change communities, in today's world it's important to shape our youth in becoming an intricate part of society. It is our responsibility to provide guidance to the next generation of leaders, so that we may help others change agents, in their fields of interests, this is Shaw U. When the archives of this great nation are opened, I can assure you colleagues, that Shaw University will be on many pages and the great work that they've accomplished. 150 years ladies and gentlemen maybe when you saw all over today, maybe you can talk to me about institutions that have survived 150 years and still vibrant, and still doing all they need to do to make a difference in this great state. Again I want to welcome my colleagues, thank you for taking time this afternoon to recognize to Charlotte University as they continue this great legacy, congratulation on 150 years, thank you Mr. Speaker and colleagues for allow me this privilege. Representative Gill, for what purpose do you seek recognition? To speak on the moment of [xx] You're recognized.   Thank you good afternoon member of the house of representative, I want to first begin my speech by congratulating our president Dr. DeBoer the third female president of Charlotte University and the youngest female or the youngest president of Charlotte University, as an alumina of Charlotte University, I understand how dedicated she is to Charlotte University because I'm Sharen University, and I can

tell you that their is a certain pride about being a [xx]. When you've walked the halls you've studies in the classrooms and you've eaten in the cafeteria with the students and you've stayed in the dooms and you just become a part of the culture of being a Sharen[sp?] and I know if you graduate from Show[sp?] you are going to make sure that [xx] university is the best that it can be, so I congratulate the board of directors of Sharen University for selecting a Sharen graduate to be the new president. I was a student at Shah University when we celebrated the 100th anniversary of Shah University. You know I was a student that was only 50 years ago and I do claim to a little more than 50 years old, but anyway, now 50 years later, I'm here celebrating the 150th anniversary of Shah University. As I look back, I think about my matriculation at Shah University. You heard that Shah was built in 1865. The first building ST hall guess where my first year was spent? In ST hall. Not back in 1865 byt certainly 1965 in ST hall, the second building for women with Charlotte University a Charlotte Hall, I didn't get to go to Charlotte Hall because no many run and I had to go home and drive back to make things for I did remember the [xx] the second building there. The third building that was built back in 1881, was the learned medical school and you had them talk about it where they were responsible for educating all of the blood doctors Well I took classes in Linden hall. My time out? Soon.   Okay, I've just got a few more just a few more corners and the Green leaf building, was the building that they built right after that and that was where we had our dining hall and gospel services we called it a chapel. When I think about all of this history in Shah that I had an opportunity to walk through all of these buildings there, when I was in school, they are not there now, but I feel very proud to be a graduate of Shah university and I congratulate you and wish you the best and happy 150th anniversary.  Thank you. Representative Richardson, for what purpose do you rise? Representative Halley for what purpose do you rise?  Point of personal privilege. You are recognised. I too would like to talk about Shah University. I am not a graduate of Shah, but my mother worked there with 30 years, and my affirmative years cling on that campus and going to a lot of Charlotte University event and I wanted to say, as I said to some of them earlier today, thank you. Thank you for being there for a community, thank you for being there for a state, thank you for being there for a country, and thank you for being there for a people and we wish you much success in the next 150 years, and I don't know if I will be here in the 50 years from now to be able to say thank you again, but I will give you my thank you now. Representative [xx] for what purpose do you rise? Moment of personal privilege. You are recognized. I just want to congratulation Charlotte this momentous occasion as well. 150 years of producing excellence, excellent graduates, smart students and leaders. I have been lucky enough in two of my years here to have an intern come from Charlotte University, Mr. Chris Hailey, who is out there in audience this afternoon he is doing the institution will Representative, [xx] and I want to continue to get some intern from Shaw, congratulation. Thank you representative Baskerville, house bill 13, the clerk will read. The conferees appointed to resolve the difference is between the senate and the house on house bill 313, a bill to be entitled an act to require each child presented or admissions into public schools for the first time to submit prove over health assessment, to require that the absence due to the failure of present of a health assessment be transform and

not result in the suspension and to allow students to make up for the work missed to specify the information shall be included on the health assessment transmitter form and who is authorized to have access to the form and it requires the department of public of health and human services and the department of public construction to amend the health assessment transmittal form into report to the joint legislative oversight committee on the health of human services and to the joint legislative education oversight committee. Senate education, higher education committee substitute adopts 72315, six division in growth 727, 715 submit the following report. The following amendments to the senate education and higher education committee substitute adopt 72315, six addition in gross 727 and the house concurs in this committee substitute as amended. On page one line 29, 27 to 30 by re-writing the lines to read public schools within 30 calendar days of a child's first day of attendance in the public school, [xx] posses a transmill form develop [xx] to GS 1308-441 indicating that the child has received the health assistance required by the section presented to the school principal, only the half assessment. On page 2, line 2 by rewriting the line to read and on page two line five by rewriting the line to read, [xx] is a time of involvement the parent guardian person standing in local practice the conferees recommended in senate and the house representatives about this report, [xx] report in August 11, 2015 conferees for senate senator Soucek chair senators Barefoot, Bingham, Krawiec, Van Dyne, house of representative conferees representative Torbett Cahir, representative Jordan, Glenmond, Glasier and Headcock. Representative Torbett is recognized to make a motion and debate the motion. Thank you Mr. Speaker. The motion will be that the house adopt the conference report. You are recognized. Thank you Mr. Speaker. Ladies and gentlemen of the house, this bill is going to take quite a time to game it, it has come to final resting place with this adoption, I hope you will vote green, I will add for your [xx] you notice the signature of [xx] Moore is not present in the report, he assured me able to be here, and he was back in his district teaching school, that his name would have been on the conference report, so that's simply because he wasn't here and not present for that. The language was addressed as simplified. The overall outcome would be a new one form state line that would be for the health assessment and all children entering our system for the first time will now have the [xx] assessment move for the adoption Mr. Speaker. Representative Richardson for what purpose do you rise? Thank you Mr. Speaker I didn't want to interfere with the tributes that were being given, but I would like to change my vote on 168 2A. so noted and done. Representative Reeves for what purpose do you rise? Thank you Mr. Speaker for the same request. Noted and agreed to. Done. Further discussion, or debate of not Representative McGrady is recognized. I made the mistake in House Bill 168 I would like to be recorded as voting Aye. So noted and accomplished. Further discussion, or debate on the pending motion? Representative Holley. Further discussion, Representative Holley do you seek recognition? I would like to change my vote to A on that bill. Alright so noted and done. Further discussion, or debate on the pending motion if not the question before the house is the motion representative Tobit to adopt the conference report on House Bill 13 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 record the vote the Ayes 102 the Nos are 12 the motion is agreed to, and the Senate will be so notified. What purpose does the gentleman from Duplin Representative Dickson rise? House Bill 394 the clerk will read. Representatives Goodman, Riddell, [xx] house bill 394, a bill to be entitled and act to authorize Ash, Franklin, Nash, Wilson, Wilford

in [xx] counties to use of local government sales and use tax for public transportation schools construction and rural public transportation. General Assembly of North Carolina enacts. For what purpose does the gentleman from Richmond Representative Goodman rise? To debate the bill. The gentleman has the floor to debate the bill. Thank you Mr speaker ladies and gentlemen of the house we have had a lot of people request adding their counties to this bill learned yesterday that the senate budget has a provision in it to this a state wide provision and I understand that the finance Chair is on our side agree with that so if we get a budget at some point this will become state wide law so we don't need to add any other counties but I ask for you to vote green today and send a good message that we want this ability for county state wide please vote green thank you. For what purpose does the gentlemen from Columbus Representative Waddell rise? Inquiry Chair. The gentlemen may state his inquiry. The amendment that was offered yesterday by Representative Goodman I think included Columbus County and it's not engrossed on this bill. The bill wasn't ordering gross, but it is a part of the bill so when the bill passes today Bucan[sp?] and Walsh[sp?] are being included. Further discussion further debate, if not the question before the house bill is the passage of the house bill 394 on it's second reading, those in favor will vote those opposed will vote no the clerk will open the vote. the clerk will lock the machine and record the vote, 108 having voted in the affirmative and five in the negative. House bill 394 passes it's second reading and remains on the calendar and the bill is ordered engrossed after the second reading in today. House bill 504 the clerk will read. Representative Burr and McNeill house bill 504 about the entire [xx] to authorize more comments additional Aka Basi text. [xx] North Carolinian Act. For what purpose does the gentleman from Randolph Representative McNeill rise? To debate the bill the gentleman has the floor to debate the bill. Thank you Mr Speaker, and ladies and gentlemen of the house, house bill 504 would authorize more candid levy and additional room occupancy tax of 3% the bill conforms to the guidelines for occupancy tax adopt on the house finance committee, it had a favourable report and state local government the subcommittee in finance on aka Basi text would appreciate your green vote. For what purpose does the gentleman from Moore Representative Boles rise? I Speak on the bill please. Gentleman is recognized to debate the bill I concur with my co-representative from Moore county and thank you Representative Davis for giving me some leadership and I'll let in Representative McNeil run this for me, For what purpose does the gentleman from New Hanover Representative Davis rise? Speak on the bill Gentleman has the floor to debate the bill Ladies and gentlemen of the house Representative McNeil do you say correctly this was vetted in the office tax subcommittee and it did comply with the guidelines there I did receive the favorable report, I would ask you to vote green, thank you Further discussion further debate? If the question before the house is the passage of house bill 504 on second reading, those in favor will or vote aye those opposed will vote no, the clerk will pen the vote. Representative Quin does the gentleman wish to record on this vote. The clerk will lock the machine and record the votes. 97 having voted in the affirmative and 16 in the negative house bill 504 passes it second reading it remain on the calendar. Senate Bill 15, the clerk will read, I will strike that house bill 191, the clerk will read Representative Pressneil, and Setzer, House Bill 191, a bill to be entitled to an act to amendment fee schedule and expire legislation renewable procedures for the broad of [xx] General Assembly of North Carolina enacts for what purpose doe the lady from [xx] Representative Prestell rise? To speak on the bill The lady is recognized to debate the bell This is requested by the board of our examiners fees for a range, to increase the fees for permits and renewals

it has been about 10 years, and I would appreciate your vote, thank you for what purpose does the gentleman from Mecklenburg representative Browley rise? To debate the bill Mr. Speaker. The gentleman has the floor to debate the bill. Thank you, I actually have a group of people that advised me on a regular basis about everything under the sun and of course it's the [xx] barber shop where I get my hair cut we had a bill where I actually thought they should weight in and sent them a copy and got a comment. They were very favorable but there was one question raised and I wonder of the bill sponsor would yield for a question. Does the lady from Yancy yield to the gentleman from Mecklenburg? Yes. She yields. Thank you madam. Having some barbers that are actually 70 years old they wonder while you were ending the renewal of a permit without a fee for barbers over 70 years of age. There was only organisations allowing such an exemption. It's coming in line with every other board, it's age discrimination really okay, thank you Mr. Speaker, I'm sure the body will be happy to know the main health barber shop approves of this bill.  Mr. Speaker For what purpose does the gentleman from Meckleburg, representative Gitter rise?  I was going to see if I could ask representative Browley a question.  Does the gentleman from Meckleburg yield to the other gentleman from Meckleburg?  I do yield. What do you go to a barber for?  Representative Gider while I recognize that I have significantly less hair than you, I would point out that the skill in making the little hair I have appear presentable is much higher and if just a few hairs are out of place on my head, it's much more noticeable than what will be lost in the forest on top of yours. Further discussion, further debate. If not the question for the house is the passage of the house bill 191 on it's second reading those in favor will vote aye, those oppose will vote no, the clerk will open the vote. The clerk will, actually representative Hamilton and his lady wish to record on this. Now the clerk will lock the machine and record the vote. 97 having voted in the affirmative and 16 in the negative, house bill 191, passes it's second reading and without objection we'll be ready for the third time. [xx] Further discussion, further debate, if not the question for the house is the passage of house bill 191 on it's third reading, those in favor will say aye. Those opposed no, the ayes appear to have it, the ayes do have it. House bill 191 passes its third reading, bill's ordered sent to the senate. House bill 482, the clerk will read Representatives Hilton, Blessed, [xx] and Bishop. House bill 482, a bill to be entitled an act to enact employees fair classification, act. General assembly of North Carolina act. for what purpose does the gentleman from Wake, Representative [xx] rise?? To place this in the nomination. I don't what the proper wording is. Does the gentleman wish to debate the bill? I wanted to debate the bill.  Gentleman has the floor to debate the bill. Okay. This classification bill we talked about somewhat before, but it is a bill that was worked on about 13 months, and the bill has some, the primary reason for passing this bill would be number one to protect our workers who are hurt and killed on the job, disabled on the job and think they are employees when in fact they are independent contractors. So the second reason is to protect employers that operate within the law, versus rogue employers. The rogue employers are able by not providing health insurance as required under federal law, unemployment, workers [xx], social security and several others, they can [xx] everybody else, they can underbid everybody else that operates within the law about 20%. So they've done a good job at putting a lot of ethical employers out of business. The third reason is that, about according to DHHS, about 40% of the people that are delinquent on child care payment support for our children are payed

as a 1099 type and they can't be attached to collect payment, that's a lot of money there. And then you've got if the people that are hurt and not compensated on workers [xx] are flooding our hospitals, and the hospitals will have to to treat them. The last saying is, additional income for the state, and that's estimated to be about $191 million a year, which is sizeable amount of money. So those are the reasons for this bill, this same bill passed in the senate. Senator Newton, introduced the bill over there, passed unanimously in the senate. He came over to our rules committee and he called me and said, I just want to let mine die in your community and let's just run your bill, so that's sort of where we are at. Has the gentleman concluded his remarks? Yes, sir. For what purpose does the gentleman from Rutherford, Representative Hager rise? To nominate an amendment. There will be no nominations in order to but the gentleman is recognised to send forth an amendment, clerk will read. Representative Hanger moves bill on page 3, lines 19 through 41 by rewriting those lines to read. Gentleman has the floor to debate the amendment. Thank you, Mr Speaker. The amendment you see in front of your does a couple of things. If you think about our rural areas, and we generally have two North Carolina in North Carolina. We have the rule that's still suffering from and 18% unemployment and there are urban areas that are doing well like we're seeing here in Bekimhan County and Wake County. The key to rural economic development is not probably going to be the next.com headquarters. It's going to be small businesses. This amendment is very small business friendly and very innovation-friendly. Now say that because it allows innovations such as Uber to really look and kind of be held outside this thing. It allows a young man, young woman to open up electrical business building houses where he has to have him or her had their own licence, has their own trucks has their own tools to be able to work for a contractor like Representative Brody multiple days in a roll and be there eight to five and still not be considered an employee but it's truly an independent contractor that's what this bill does it. It really sets apart what a true independent contractor he is, again having your own tools do you have the option for a profit or loss, even though can you kind of select your time within certain time to be there? Is it time sensitive or not? So I believe this amendment for you guys have read hopefully will vote yes on. It really sets out a pattern for allowing small businesses and folks to get into their small businesses and entrepreneur and innovators to start small businesses and become an independent contractor so I would ask you to vote green on the amendment. There are several lights on any members who wish to debate the amendment? The gentleman from Cumberland, Representative Glazier is recognized to debate the amendment. Thank you Mr speaker. I'm actually going to vote for the amendment, but then there's one issue with one clause in it, and hope that can be resolved on Third Reading rather than holding it up today. I think it's actually a good fix or compromise that I don't think does much to harm the bill. There is an issue and it has been over time, and I think Representative Hager actually has alluded to it, about how to define an independent contractor, and that was, Representative McGrady did a great job in subcommittee. Representative Pendleton, Szoka, and Blust, and Bishop who grafted the bill did a really good job. They were using the North Carolina test. There is eight factors in that test about sort of deciding whether someone is an independent contractor or an employee. There is a federal test, the Treasury Department Test, which has 20 factors plus, which I think it makes it semi-useless in terms of really being able to govern your conduct, but nonetheless, there is some reality behind it, but there is an issue over it and there's an argument that an old test probably needs to be modernized, and I think this probably does it there is 9 and 10 that were added, and, makes some sense. I think in a way, we could have 100 factor test and really comes down to sort of the economic reality and what is the real function? Who is in control of what's happening. But there is an issue with the clause that I hope will get resolved overnight,

that I do think is a problem, and that is on line 25, where it adds , whether the individual selects his or her time, I'm fine, with that, subject to customer requirements. That subject to customer requirements creates a big legal issue. Someone who litigated in this area for a very long long time usually on the defence side, but on the defence and the plaintiff side, that particular clause is big enough to draw quite literally in this case a truck through and so, I think there are some issues on that and so I'm going to be along with and I hope others object with third but overall or the rest of the amendment making sense and I would encourage  adoption with an understanding that we can have a discussion this evening about whether that clause needs to stay in or not, thank you. Do any further members wish to debate the amendment? The gentleman from Mecklenburg, representative Bishop is recognised to debate the amendment. Thank you Mr speaker and my comments are to the amendment. It requires me to say, this bill is both very important and it's difficult to structure exactly right. It is and, for years and years court debated how to distinguish between these two relationships. The relationship between a principal and an independent contractor on the one hand, or an employer and employee on the other, and many things, it relates to many many things some of which have been mentioned. If I had to summarize what this bill does is to say that, it creates an enforcement mechanism, that we previously have not had to identify and penalize willful violators of the rules on classification. Now, the structure of the bill in order to do that properly includes something that both and what certainly representative Glazier was referring to and gets to the substance of this amendment. The bill instructs the officials who will administer the civil penalty how to determine between employee and independent contractors status. And to do that, the bill says apply the test in a case called Hayes that was decided by the North Carolina Supreme court in 1944, and has been applied in 132 subsequent cases as recent of May of this year by the Court of Appeals, another one in December of this past year by the Court of Appeals. So a body of case law that is well established and well understood and provides many circumstances under which this relationships have been judged one or another the key to balancing in this way is so that the enforcement mechanism will pick up Skoutlaws Laws who seek a business advantage against their competitors by violating the rules but on the other hand, and equally important will allow legitimate, independent contractor relationships to be carried on without undue interference or oppression by the government, and that's very important for entrepreneurship and many other thanks, we don't want to have a change regulation in a way that will preclude business models [xx] legitimate independent contractors relationships so both are important. Now to the amendment this task that I have described that it is in the bill from the Hise case in 1944 is 6 or 7-years-old or more and d it has although there are a number of factors that court articulated in as being relevant to the inquiry they've been into the application of that case and many subsequent cases including the recent one I made reference to, thy have been settled addition to it although they have been articulated as additional factors the amendment which and I agree with representative Glazier the addition of subsection nine and 10 to the test with their previously your eight factors that nine and ten are added, hope they to test and recognize item Z has been added through the law and make it our important for consideration, with respect I disagree with how with Representative Glazier about the clause of four word at the end of the item number eight, and we can have additional debate about that the point the point I would like to make about it today is there are a number of business interest that have been paying constitution toward working on this bill thorughout, and in fact this work amendment has been worked very hard the last several days, and I will say that the the coalition that has been most responsible for doing this including the association of general contractors, retail merchant association. The [xx] automobile bill

association, I'm missing two or three others but there's a large group. They are all in agreement with the amendment that Representative Hager is [xx]. I think it has improved the bill it has lead us way down the path further toward the realizing the to have a properly balanced bill where we ca speak to this violation of law that creates this level of business playing field in business without doing hard to the legitimate employer employee and principal independent contractor relationship that are essential for our economy are worked properly. I hope you'll support the amendment as well as the bill. Any other members who wish to debate the amendment. If there members are please arise the gentleman from Mr. Speaker. For what purpose does the gentleman from Guildford, Representative Blast rise? To speak on the amendment. The gentleman has the ordered late the amendment. The Chair also notes the fact that gentleman appears that Representatives McGrady and Bumgardner are the only other two members that wish [xx], okay Thank you Mr. Speaker, members of the house I do support the amendment. In fact if I had my druthers I would go further because one thing to keep in mind all are North Carolina entities and employers have to comply with federal tax rules and federal guidelines are more comprehensive than the state guidelines, there's more factors so each one of those for federal tax purposes has to show the independent contractor status if they're going to issue 1099s according to the federal law and it seems to me it would be the easiest way to do to operate would be to just adopt the federal as our own because the bill primarily is courtifying a court case from several years ago and then implementing some kind of enforcement mechanism that has been lacking. So I think both of these new factors in the amendment, add and modernize the law, business models are constantly changing and what you have more is a substance over form matter that every different situation has to be evaluated independently, so the additional factors, since they are having to be meet any way for federal tax purposes to me, I wound see any additional burden on North Carolina employer. So I urge adoption of the amendment in the bill, thank you. What purpose does the gentleman from Henderson representative McGrady rise? To speak on the amendment.   Gentleman has the floor to debate the amendment. Mr. Speaker, colleagues I chaired the sub committee that took up this bill for me like returning to law school all over again as we debated the pro's and con's of various factors and references to cases the amendment is a one had this amendment been patrolled in the subcommittee at that point in time I guess is would have passed there's one little quibble I call it that a quibble on the eight factor here and maybe with 24 hours time we can get that to point where even FedEx and UPS agree. So I would urge support for the amendment. what does the gentleman from Gaston representative [xx] To debate the amendment Gentleman has the floor to debate the amendment Thank you Mr. Speaker I think this is a good amendment and I urge members to vote in favor of it in my opinion this amendment provides a sight amount of clarity a very murky subject here that. And I was on a couple of the committees this bill came through so I would appreciate improving this bill incase it passes. For what purpose does the lady from Wake, Representative Avila rise? To ask a question of Representative Glazier. Does the gentleman from Cumberland yield to the lady from Wake? Certainly. He yields. Thank you, Mr. Speaker. Representative Glazier, I'd like a little clarification. I know you have issues, and maybe it's because those four words are so broad, but I know in my dealings in business and everything one of the deciding factors in determining whether a person for me was an employee or an independent contractor had to do with the degree to which I directed their time. Now, every customer or employer has a time line, whether it's a

newspaper asking a reporter for a story, he's got an edition he wants it to go in, or an electrician who has to have a house wired at an appropriate time for a builder. So what in your estimation or where are you seeing are tightening down on this or exactly where are you heading with this requirement of time? Thank you for the question Representative and I exactly right because I think that's why I'm fine with the first part of that, which says, a consideration ought to be whether the individual selects her time or not. When you then clarify that and say subject to customer requirements, then many customers may have a requirement of time line that goes directly to the person whose, or to the company and says, I need this done by x time and you will set up your system accordingly. Now what happens at that point, depending on how it works, you can end up having the customer requirement, be so specific that they controls the timeline, to the point that emasculates the factor effectively and determining whether or not this is something that is being imposed, by the top to their employees or whether really is a determination by independent contractor of what their timeline is that they can meet the obligation. So I need to create and I think Representative Gunner at this point, is well taken but I think it does the opposite. That's I think he's right, we need to create systems here that are stable, that are predictable, that we understand what the rules are.  When you add in subject to customers requirements, what does that mean, and what does that, it changes the element and what you are trying to accomplish by deciding, who controls the timeline, and that's my concern with it, if that makes any sense to you. It does thank you. Any other member who wish to debate the amendment? The gentleman from Rockingham Senator Johns is recognized to debate the amendment? Actually Mr. Speaker I wanted to ask if Representative Glazier would yield to a question.  Does the gentleman from Cumberland yield to the gentleman from Rockingham?  Yes sir He yields. Thank you representative Glacier also looking at the wording in number eight here and it seems to me that if you take out the subject to customer requirements in this case, and you simply say it's where the individual selects his or her on time. Recognizing that the customer or the business in this case, let's just say works from 8-5 and they need this work done on their premises and it needs to be done in time when the business is open and even as against to my profession we deal sometimes with independent contractor somewhat familiar with that it, is just seems to me that if you take out those four works and you got to ask somebody to work for you and say well I want to be what work a man on time I make a life to be able to do this in the evening or on the weekends. We stand made it the customer if the business requires that it be between eight and five or something like that and no longer can be independent contractor so it just thing to me those words are important. Is that... That is the question I mean I can phrase it question, but should not those words be there for that reason and if you leave them out do you not willing half of the ability to hire an independent contractor at a certain time interval of the work week. I don't think you do, but I think again the questions that are being raised are exactly why there needs to be a discussion about exactly what those words are going to mean. Remember that these are ten factors to be used not any one of them is [xx] by the court or the determining whether someone is an independent contractor or an employee. I view it beyond that. I view it as we're supposed to be setting up guides employers and guides individuals to know how to comply with the law. So I think where you have clarity as best you can is more important which is why I opposed for example the twenty factor test because I don't know any of us could figure that out. My concern here is what that clause can be read to do. I don't have any problem at all with the example that you have given. I think that within any time frame, you will have potentially contractors working, you may have employees working. But I think subject to customer requirements, broad spectrum of the customer then sort of dictating and we end up with a situation where you can easily have of a substance. I think that's what the factors are really designed to stop and that's my concern and I think it's worth a discussion overnight to make sure what we're doing. The other thing I think I would add is remember the last sentence here says that, what we're doing is [xx]. We really kind of not now, because this isn't

the haze factors, these are others but in any case gives some capacity to add some things that are relevant, but you have got to put that in the context. So that is well because you're asking a court or an agency, to look at this, and in context to have saying this is to be read based on that 1944 case and what it did that were never part of that 1944 case, exactly how a quarter of agencies supposed to read that in context and I've enough question about that to really raise it and that's why I said I'm supporting the amendment, because I agree with the rest of the amendment. I just want when we talk overnight to be focused on alright, what's that this is going to mean in the house is going to be looked at by the court and agencies we are going to read it. Thank you, Mr. Speaker I may be recognized to briefly debate the amendment?   The gentleman is recognized to debate the amendment. Thank you Mr. Speaker. I want to thank my friend Representative Glacier for yielding and answering my question.  I do want to rise briefly and support the amendment. I agree Representative Bumgardner and some of the other speakers I do think it brings clarity. I think it is an important issue that we bring some clarity where we can and I would ask the body to support the amendment. For what purpose say the gentleman from Cumberland, representative Floyd rise? Further discussion, further debate on the amendment? If not the question for the of the house is the passage of the amendment 1 offered by representative Hagar. Those in favour will vote Aye, those oppose will vote No, the clerk will open the vote. Clerk will lock the machine, record the vote 111 having voted in the affirmative and two in negative, commendment one is adopted. Members if the Chair of the by-laws wins laws of Chairman, we have two special messages from the senate, the clerk will read. following [xx] I received from the senate joint resolution 162. A joint resolution honoring the life and memory of Daniel Lee Simpsons memebers of general assembly. Present your rule 32 the bill in order to counter the chairman will temporarily displace [xx] 48 to senate joint read resolution 162, the clerk will read. Senators Daniel and Randleman. Senate resolution 162, honoring the life and memory of Daniel [xx] Samson former member of the general assembly, the senate result has concurrent. And members this is a resolution and there are family members, the Chair will be recognising momentarily. The Clerk will receive the gentleman from Burke, Representative Blackwell rise? Speak on the resolution, but I wonder if it's possible to have the resolution read at this time. Certainly the Chair will direct the Clerk to read the Resolution in it's entirely. A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF DANIEL REID SIMPSON, FORMER MEMBER OF THE GENERAL ASSEMBLY. Whereas, Daniel Reid Simpson was born on February 20, 1927, in the Town of Glen Alpine, to James Reid Simpson and Ethel Newton Simpson; and Whereas, Daniel Reid Simpson was educated in the Glen Alpine public schools, and graduated from Wake Forest University with a Bachelor's degree in 1949, and a Law Degree in 1951; and Whereas, Daniel Reid Simpson served his country as a member of the United States Army from 1945 to 1946, where he was stationed in the South Pacific theater; and Whereas, Daniel Reid Simpson practiced law for over 50 years with the firm of Simpson, Aycock, Beyer, and Simpson and, during that time, was a member of good standing in the Burke County Bar Association and the American Bar Association. And where as Daniel Reid Simpson showed interest in public service throughout his adult life, serving with distinction in the General Assembly as a member of the House of Representatives during 1957, 1961 and 1963 session as a member of the Senate through the 1985 through 1995 session were he proposed several important changes in the Civic State Government including a bill that created Western Piedmont Community College. And where us Daniel Reid Simpson was elected Mayor of the town Glen Alpine, and also was an alderman of the town so does the attorney for the town Glen Alpine Burke County, Burke County Schools and as a Burke County Criminal Court Judge, and a delegate to the Republican National Convention in 1968 and 1972. And where us  Daniel was after the civic, fraternal, financial and social life of his community served as a member of the [xx] large 217, fee of acceptance masons, The Lions Club, First Union National Bank of which he served as director, and The Glenaire Pine Recreation Foundation which he helped establish to create opportunities for local children to play organized football

and baseball; and Whereas, in 2007, Daniel Reid Simpson was honored by the Glen Alpine Recreation Foundation when it named its athletic facilities "Simpson Field"; and Whereas, Daniel Reid Simpson was a devoted member of the First Baptist Church in Morganton; and Whereas, Daniel Reid Simpson died on January 24, 2015, at the age of 87; and Whereas, Daniel Reid Simpson is survived by his wife of 63 years, Mary Alice Leonard Simpson; daughters Ethel Barie Simpson and Mary Simpson Beyer and her husband, Richard; son, James Reid Simpson II and wife, Lannie; eight grandchildren: Kate Beyer Haas and husband Tyrone; Elizabeth Beyer; Caroline Beyer LaCalamito and husband Michael; Daniel Reid Simpson II; Elliott Simpson Todd; James G. Simpson; Mary Helen Simpson; J. Reid Simpson III; and great-grandsons Beyer Simpson Haas and Hughes Reid Haas; and brother, James on behalf of Simpson no therefore be resolved by the senate and house or representatives concurring section one. The general assembly members of the [xx] Simpson expresses its appreciation for his service to his county, State, and nation. Section two. The General Assembly of North Carolina extends its sincere sympathy to the family of Daniel Reid Simpson for the loss of a beloved family member. Section Three, the Secretary of State shall submit a certified copy if this resolution to the family of Daniel Reid Simpson. Section four, this resolution is effective upon the ratification. The gentleman from Burke, Representative Blackwell has the floor to debate the resolution. Thank you Mr. Speaker. I can't imagine higher honor than to recommend the adoption of this resolution to the house. I first met Dan Simpson well over 42 years ago when I first moved to Burke county from Charlotte to become a member of the board there, and he was at that time already a leading light in the board but also in the community community. He was then acting as the Burke county school board's attorney and I will remember that I quickly got involved in community activities and frankly I won't go in to the details but I will tell you that I got to know Dan very well in his role because part of my role when working on a community problem we had involved going to Dan's office in Morganton, discussing the situation with him getting his advice and counsel and then driving 12 miles East to the office of another gentleman whom I won't name [xx] in order to discuss the same problem with that individual because they were sort of on opposite sides of the issue and I somehow at a rather then young age had become the middleman. And it was quite a lesson in being counselled by this experienced attorney. I think at that point he had already served as mayor of Glen Alpine, his home town he became Burke county's representative in the North Carolina house, I think if I understand History correctly when we have held some special sessions over in the old capital, that Dan's name is still on the Burke County desk because he was representing Burke County in the house when they had the last session over there before moving over here to the new building. Later he became our long serving state senator representing Burke County and several other counties. He was quite a community servant. He was a man of ability integrity and service. He was a family man in a long time married to his wife Mary. His children have likewise become important contributors in the community, at least there to that I know that live there still, one is a teacher one now as an attorney including the county attorney. He's been not only a leading attorney the school board attorney, an active church mayor for his Baptist as I mentioned mayor Glen Alpen has served in the house, he's been a member of the senate. his personal life was characterized by good humor and also things that don't get advertised as much. Lots of example of his being willing on a personal basis not just to serve as a public servant, but to do things for people individually from his own resources when they had found them selves in situations involving financial distress. Dan Simpson was an example of what but I believe to be one of the finest citizens we might have, he was

an example to be both admired and emulated and I recommend the adoption of the solution to the house.  For what purpose does the gentleman from Johnson Representative Daughtry rise? Thank you Mr Speaker to speak on the the resolution. The gentleman has the floor to debate the resolution. It's also an honor for me to speak about Dan Simpson I met him when I first started serving in the senate and we were in the minority and Dan became my mentor. I can't imagine anyone being any smarter than Dan but then in addition to being smart Dan did his work he read at every deal and when he got up to speak, we all listened because he had something to say, and he made differences in bills. He was a person that you couldn't get things by because he spent enough time to make sure the legislation was the best that he could make it. He lived with two people. He lived with Dan [xx] and George Holmes and they were quite a trio of members. George served in the and Dan served in the senate, and they were always picking on each other, and in those days you were free to go to events almost every night that [xx] would put on, and then would always pick that event where he would be nine o'clock because he went to bed at nine o'clock every night. I tried to get those three guys interested in wine, but I was unable to do that, but they were a real advocates of both Kentucky and Tennessee Bourbon whiskey were enthusiastic about that dream. Then I believe was probably one of the better legislators that I've ever met. He loved going home and hunting, he was a great hunter. He loved white bars which made, endured me to him, and he was a terrific person. I am so honored that I am able to speak regarding Dan, he was a terrific guy, a great friend of mine. For what purpose does the gentleman from Guilford representative Blast rise? To speak on the resolution. The gentleman has the floor to debate the resolution I too feel it's an honor to get to speak on this resolution about an outstanding public servant I got to serve with Dan Simpson very briefly in the senate when I was brand new, just walked in the door and he was one of the senior members at the time, so you learn to look to your senior members for guidance and example and he always set a great example for what stood out. It was just respect for the institution and even though he came through, we were starting to get more republicans presenting 26, 24 and I think Dan Simpson came along where there might have only have been 5, you could have counte republicans on one hand and even though they didn't get to do that much he developed an incredible respect for the institution and always served it well and and I learned a lot from him and I'm glad I got to serve with him thank you. For what purpose does the gentleman from Wake Representative Stam rise? To speak on the resolution the gentlemen has the floor to debate the resolution. This is what I remember about Senator Simpson just seen him from the house a senior senator blessed is the man who does not walk in the counsel of the wicked or stands in the way of sinners or sits in the seat of mockers but his delight is in the law of the Lord and on his law he mediates day and night Like a tree planted by streams of water which yields its fruit in season who's leaf does not whither whatever he does prospers. For what purpose does the gentleman from Caldwell, Representative Robinson rise? Speak to the resolution. The gentleman has the floor to debate the resolution. Yes, Mr. Speaker and ladies and gentlemen of the house I to was privileged to to serve with senator Simpson, didn't know when he was in the house, but one of the, since representative Daltrey has talked about the we call them the Three Musketeers we all lived out at Lake Johnson Mews, an apartment complex off Avent Ferry Road, and Senator Kincaid and Senator Simpson prided themselves in a thorough understanding of the game of tennis and every afternoon they tried to play some tennis or, and so little did they know that back, and I don't remember the session, but here in the House we had the North Carolina Ladies State Champion Lois Walker,

from Iredell County and also Anne Q Ducking[sp?] was the Ladies Champion of Georgia and so a couple of us who kind of knew that the Senator's love of the game, and how they really thought that they had in that we arranged a little tennis match between the ladies and the gentlemen, and the House and the Senate, and we collected probably 20 or 30 members to go and kind of sit and watch this tennis match, and of course the ladies you know at first they like would throw the ball and miss it and like that, and so these guys they were, and they were just walking around kind of like you know well we're going to be easy on these ladies. And all of a sudden the next serve they bombed just like that, and if you could have seen the looks on the senior senator's face when they completed at least that round, but I remember Dan fondly in that regard. We also served in the district, and I used to always included Avery and Mitchell County and some of those areas there, and Dan was the epitome of an old time country lawyer. And when he would start, we used to say where he quit speaking and started preaching. Then Dan would get to the point where he'd get to preaching like that and he'd get to patting his foot, and pointing his finger and you know he was really serious at those times. He was a fine gentleman and I was privileged to serve with him and I recommend the resolution to you. Further discussion, further debate? If not, the question before the house is the passage of senate joint resolution 162, on the Second reading. Those in favour will vote Aye, those oppose will vote No, the Clerk will open the vote. The clerk will lock the machine to record the vote. 115 having voted in the affirmative and none the negative, senate joint resolution 162, passes its Second reading and will without objection, be read the third time. The senate resolves, the house can carry.   Further discussion further debate if not the question for the house is the passage for senate joint resolution 162 on its Third reading. Those in favour  will say Aye those oppose No, the Ayes have it. Send your resolution 162 passes its Third reading. Bill is ordered in raw. Members on motion of representative Blackwell of Burke county, the Chair is happy to extend the courtesy of the gallery to the following folks. JR [xx] Mary Simpson Bayer, Ethel Simpson, who were the children of Sandra Simpson and grandchildren, Daniel R. Simpson II and James G Simpson. Would you all stand so that we can officially welcome you for being here with us today. One additional special message from the senate the Clerk will read. Mr speaker its only the message we senate to the house of representative with the information that the senate adopt the report of the [xx] for house bill 13, conference report, those of the the entire enact require each child to present an admission to the public schools for the first time to submit the approve of health assessment, to require that the absence due failure to present health assessment trans middle form does not result to suspension and to allow the students to make up the work promised to specify the information shall be included in healthy system transformation form, and it authorized to have access to the form and to reserve the right to have access to the form and to require the department to have the human services further constructions to amend the health assessment transmittal form and to revoke through the joint recital [xx] committee on the health and human services in to the jobless [xx] educational committee when appropriate action has been taken by both chambers the bill would be ordered enrolled respective to [xx] principle clerk.  Noted the bill is ordered enrolled and sent to the Governor, we got an hour to return back to house bill 482 we have one additional amendment before the body does the gentleman Specialty gentleman still wish to send the amendment.   [xx] For what purpose does the gentleman from Cumberland representative of Florida rise? To debate Mr. Speaker. Gentleman is recognized to debate and enact on it, Representative [xx] chair of the director of the amendment be return to the member, gentleman Wesley retrieve the

amendment, the amendment will be returned, now the forward to debate the bill. Mr. Speaker there were some articles read in the Raleigh cycle and [xx] concerning independent contractors and that particular point I became concerned mot so much, well so much with the article but at the same time with the revenue laws, both state and federal were losing because of the way in which certain individuals was sort of playing in between independent contract and contractors, and over a period of time I begin to learn that such a bill was coming forward to address that, and just talking before install us sometime back he was an employee on Monday he became an independent contractor, on Tuesday he had to required unnecessary insurance in order to provide the service he also had to then use his own truck instead of the company's truck by providing some of the same and some of our work I understand today in support of this bill and I say in our clock this is the first story to make someone just made and some correction as relates to independent contractors and contractors.  Further discussion, further debate if not. For what purpose does the gentleman from Gaston, representative Burgadner arise? To debate the bill. The gentleman is recognized to debate the bill. Thank you Mr. Speaker. Ladies and gentlemen I would ask you to vote against this bill for multitude of reasons not list of which if you read through the summary the first item on the summary, is asking people that are in competition with each other, to turn each other in to the Department of revenue. It doesn't take much imagination to see that if two people are going after the same job, we just passed a large bound that's going to hopefully spur some construction growth, I don't know, that's debatable, but if so, say sales be available to receive reports of employees in this classification by telephone or electronic communication. That means that if Joe and Bob are competing for the same job and one of them loses out, the loser can be can be angry about it and can email the Department of Revenue and say my competitor over here is misclassifying employees and I wan't you all to investigate him. This is just a bad road to go down. This has been done a lot of times throughout history and always had a bad ending I would as you to vote against this bill. We know we have an issue here, it needs more work, I wouldn't as all of you to take an interest in this and study this issue some more That's all I'll say. Thank you. Further discussion, further debate? If none, the question before the house is the passage of House Bill 482 on the second reading those in favor will vote aye those opposed will vote no the clerk will open the vote the clerk will lock the machine record the vote 93 having voted in the affirmative and 20 in the negative house bill 482 passes it's second the bill is ordered engrossed and will remain on the counter for third reading the chair will direct the third reading occur tomorrow's session.  Members we are going to move ahead to senate bill 560 the clerk will read. Senator Hise Senate bill a bill to be entitled an act to authorize the director of the budget to continue expenditures with operations of government and [xx] effect on June 30th, 2015 to August 31st 2015, General Assembly enacts.  For what purpose does the gentleman from Wake Representative Dollar rise? To debate the bill. The gentlemen has he floor to debate the bill. This bill is our continuing resolution to keep our government open and operating from now until or from Friday until August Monday 31st we are extending out a couple more weeks in order

for our To continue to work on their project, the process and hopefully get to a successful conclusion. This continuing resolution in section 1, 1 that by reference carries forward all of the provisions, that were in the original continuing resolution, so if you are wondering about something from the last continuing resolution [xx] it is by reference included in this bill, by that provision. There're other provisions in here, I can go into one, but the economic development funds this are items, all of these items are items that are in, both the house and the senate budget, and with respect to 1.1, this is simply a matter of funds that were in both versions that are continuing forward, our current obligations and really only for technical reasons, we had to put this in there. [xx] base rates broad band funds was a small thing that we need to make sure we are ready for on September the 1st the Sc observer program with something we identified in the past that we needed to just make sure we cover that and on the back there are kind of funds and section I guess will be section two the federal grants we had but $3.6 billion excuse me million dollars worth of federal money that the department needs to be able to expand and put forward for a variety of purposes that will revert to the federal government if we do not act to appropriate that and then their balances of matters in section three that also had to do with pending gland awards so that folks can move forward with their business and section four dealing with health and human services so Mr. Speaker members of the house I'll be happy to answer any questions and would appreciate your support for the continuing resolution thank you. For what purpose does the gentleman from Durham representative Hall rise. Thank you Mr. Speaker to sent forward amendment. Representative Hall the Chair reviews the amendment and the amendment is out of order for senate rule 43B. Further discussion further debate? If not the question before the house is the passage of senate bill 560 on it's second reading, those in favor ill vote aye those oppose will vote no the Clerk will open the vote. The clerk will lock the machine and record the vote. 113 having voted in the affirmative and two in the negative, senate bill 560 passes it's second reading and will without objection be read a third time. General Assembly of North Carolina enact. Further discussion, further debate if not, the question before the house is the passage of senate bill 560 on it's third reading, those in favor will vote aye. Aye, all.  Those oppsoed no, the ayes have it 560 passes it's third reading. Bill as ordered is sent to the senate by a special messenger.  Senate bill 332, clerk will read Senator Daniels, senate bill 332 a bill to be entitled an enact to enable register of deeds to collect divisional fees and explain instruments for containing [xx] with multiple internable[sp?] [xx]. General Assembly of North Carolina enact For what purpose does the gentleman from Ash, Representative Jordan rise? To debate the bill The gentleman has the floor to debate the bill.  Thank you Mr speaker. As you and maybe other members of this body are aware, our registrars of deeds record documents that are brought to them, when they are brought these documents they to prepare a database of all the parties all the names that are listed as parties to the documents, which is called indexing. In the last few years we have started phasing documents that have dozens and some hundreds of parties that need to be indexed, I got power of attorney right here that has 200 bank trusts that will have to be indexed. This document might be $26 plus $4 for each page over 15, but yet it could take a staff member several hours to index all of the information in this one document. What this bill does is allow the Registrar of Deeds to charge an extra $2 per entity when you are more than 20 entities to be indexed on a document of any sort, and I stand ready to answer any questions.

I's ask you to vote Green for this please. Further discussion, further debate? And if not, the question before the House is the passage of Senate Bill 332 on it's Second Reading. Those in favor will vote Aye, those opposed will vote No, the clerk will open the vote. Representative Catland on the floor. The Clerk will lock the machine and record the vote. 113 having voted in the Affirmative and 0 in the Negative, Senate Bill 332 passes its Second Reading, and will without objection. Be read a third time. General Assembly North Carolina enacts. Further discussion further debate? If not, the question before the house is the passage of senate bill 33 two on its third reading. Those in favor will say aye? Aye! Those oppose No? The ayes have it, senate bill 332 passes its third reading, and is ordered returned to the senate. Senate bill 448 clerk will read. Senator Jackson's senate bill 448 a bill  to be entitled enact to equalize the taxation, liquefied propane gas is used in motor fuel, general assembly of North Carolina enacts. Whose handling this bill? Representative Collins is designated to handle this bill he does not seem to be on the floor. For what purpose does the gentleman from Merckenburg Representative Boley rise? Mr. Speaker I'll speak in favour of the bill. The gentleman has the floor to debate the bill. Thank you. Several years ago when I started my career, I worked for Piedmont Natural Gas, and at the time we had a subsidiary that sold natural gas and propane as motor fuels. What this essentially does, is equalize the tax on propane with other motor fuels the question was raised, how do you know that propane is being used as a motor fuels rather than a grill? It's the fact that the tank into which he put is attached to the back of a motor vehicle inside the trunk. This is a fairly straight forward bill and I recommend approval. Further discussion further debate. If not the question before the house is the passage of senate bill 448 on its second reading those in, favor and terminologies be debated on third reading. The question before the House is the passage of Senate Bill 448 on its second reading. 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. 114 having voted in the affirmative and none in the negative, Senate bill 448 passes it's second reading and will without objection be read a Third time. [xx] North Carolina enacts. Does the gentleman from [xx] representative [xx] seek recognition. Further discussion debate if not, the question before the house is the passage of senate bill 448 on its Third reading. Those in favor will say aye, Aye, all.  Those oppose No. The ayes have it. Senate bill 448 passes its Third reading, the bill is ordered enrolled and sent to the governor. Ratification of bills resolutions the Clerk will read. The following be ratified for presentation to the governor. Senate bill 429, enact, making technical conforming and other changes to labor laws of North Carolina. Chapter bills to be noted. Notices and announcements? For what purpose does the gentleman from Cumberland, representative Floyd rise? Two things Mr. Speaker. The gentleman state the purpose. See is representative Floyd would yield for question in which Mr. Speaker, if you will be so kind to allow me to inquire with the Chair. Does the gentleman from Atlanta, representative Floyd, yield to the gentleman from Cumberland? Yes. He yields. Representative Floyd, I got some assistance from my seat mate and we have three bills in local government and the time for that is 10. I would refer to representative Davis, he is chairing this week' s meeting. Does the gentleman from New Hanover yield to the same question? Certainly. He yields. The question is, that we have three bills in local government, we're seeing that they are non-controversial and the time is ten and I was just pleading with you If we could do that a little bit earlier and ask the speaker a question Representative Floyd Session will be at 11 if that helps. Representative Floyd, I got my [xx] May the gentleman wish to continue to having a conversation If the gentleman wish to ask Mr Speaker, but you answer my second Since, may I respond? The gentleman has the floor to respond.

Thank you Mr. Speaker. I was thinking due to the fact that sessions is at 11 we'll just go ahead at 10. Thank you sir Yes sir thank you Mr. Speaker Further notices and announcements. Now the gentleman from Rep Luis is recognized for a motion. Mr. Speaker. Subject to messages from the senate, committee report, conference reports, re-referrals of bills and resolutions appointment of conferees and the reading of representative statements. Denise, can we do a ratification of the bill. I move that the house now adjourn to reconvene Thursday, August 13th at 11 O'clock Representative Louise seconded by representative Daughtry that the house be now adjourned subject to the receipt of messages from the senate committee reports, cooperate reports, re referral bills and resolutions. Appointment to cooperate reads and position statements and reconvene on Thursday August third team, at 11 AM, those in favor will say aye, those oppose no, the ayes appear to have it, the ayes do have it, we stand adjourned. Representative Staterm recognizing Robert Douglas Junior, whereas 89 years ago on December 8th, 1925, Robert [xx] of Eco Scout as a memebr of the Boy Scouts of America. He has continued to serve God, his country and others by following the principal of the scout oath and the scout law, and where Robert Dake Douglass Junior has demonstrated unselfish dedication to scouting as a member of green council and almost eight council of the most council of America, normally has elaborate big [xx] has lived his life according to the principals, scouting safeguards your thoughts for proper companionship, guides him by adult leadership and develops him with the well considered program of activities as a purpose of making him more servant to God, more loyal to his country, more helper to his fellow men and more useful to himself and whereas Robert J Dougals Jr achieved his distinction as a Boy Scout, FBI Special Agent, Attorney, and Community leader, with character and integrity Mr Douglas completely devoted himself to legal intention as a renown labor attorney. He dutifully served his community in specific before the supreme court of the United States. He has demonstrated unwavering committment to scouting since joining at age 12. Representative boy-scouts of America is one of the three scouts chosen for a safari in Africa, and culmanated in writing the book, Three Boyscouts [ XX ] national best seller. We ask the recognition of these and other achievements and desire of the boy scouts of America upon the nomination of the old North State acting on behalf of the national executive order of the border scouts of America the honor and length of distinguished eagle scouts will be awarded to and conferred upon Robert Douglas junior, in September 2015. Now therefore Robert D. Douglas junior deserves recognition for his outstanding service for the voice council of America congratulation to all the achievement and rank of distinguished even scouts. The [xx] certifies that the floor going statement that was written to the house and placed upon the journal on the 12th day of August 15th. Submitted by representatives John [xx], Denise [xx], Principal house Clerk.