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House | September 2, 2015 | Chamber | House Session

Full MP3 Audio File

The house will come to order, members will take there seats, visitors will retire from the chamber, the sergeant of arms will close the doors. Members and visitors are asked to please silence all their electronic devices. Today's prayer will be offered by representative Brandford. We thus  call a ll members and guest in the gallery to please stand and remain standing for the pledge of allegiance, Representative Bradford Mr. Speaker, members I offer this prayer pray on behalf of my legislative assistant Anita Spence who actually wrote this, please bow your heads. Father in your name we give thanks for the United States and its government. We bring before you the men and women who represent the state of North Carolina and the general assembly and ask you to bless there decisions. Thank you for the opportunity to serve you as we lead our great state, you word declares that blessed is the nation whose God is the lord Psalms 33 :12. We desire your blessing, wisdom and the decision we made, Proverbs 21:1 the king's heart is like a stream of water, directed by the Lord, He guides it wherever he pleases. Today, we seek your well as a legislature body. Thank you for your protection over us and those we serve Father in your name we pray. Amen. I pledge allegiance this is the flag of the United States America, and to the republic for which it stands one nation under God, indivisible with liberty in justice for all.  The general from Hoke representing Louise is recognized for motion Mr. Speaker, the general for Tuesday, September the first has been examined and found to be correct, I move with a stand of prove was with.  Representing Louise news for the journal for September the 1st being proved as written those in favour will say aye Aye those opposed no the ayes have it, the general approve it is written ratification bills resolutions clerk will read   if anyone oppose will testify when bill do you presentation to the government, send bill 304 an act to clarify signs may be placed on the lighter way of following and pass the control XX has ways and to revive the transportation to division of the problem of transportation, shall administer the logo sign program and the following bill will do the ratify proper [xx] and prepare for presentation to the office of secretary of state senate bill 156 an act to revise and consolidate the charter of the town of [xx] Chapter bills will be noted. Members our nurse for the day is with us today Magret Maki from Durham, Mrs. Makki thank you for being here, please stand and join us welcome you. Calendar house bill 333 the Clerk will read. Representatives Wadel, Whitemire, Bob and Aila house bill 373 be brought and be entitled in United state procedures 16th presidential public. Johnson will now X welcome [xx] the gentleman from [xx] Representative Louise rise? A motion Mr. Speaker. The gentleman is recognized for a motion. Mr. Speaker I move to the house, do not concur with the senate for house bill 373, further discussion and further debater if not the question for the house is the motion not concur with the senate committee substitute the house bill 373, 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, the motion to concur is adopted, the senate will be certainly notified that the motion not concurs adopted the senate will be notified the chair will point [xx] of either way in [xx] senate bill 378, the Clerk will read. Senator Beham Senate bill 378, a bill to be entitled An act to increase the punishment for certain offenses, a misdemeanor death by vehicle. General assembly North Carolina enact. Further discussion further debate if not the question for the house is the passage of senate bill 378 on it's third 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.

104 having voted in the affirmative and none in the negative, Senate Bill 378 passes its third reading. The bill will be returned to the senate bill 238 clerk will read Senator Stain and Hartsel senate bill 238 a bill to be entitled n act to for driving a person commissive cyber stocking because [xx] he was talking as a person [xx] a places his tracking device without considering the use of device to track the location general assembly North Carolina enact.   For what purpose does the gentleman from Wake representative Stam rise? To debate the bill. The gentleman has the floor to debate the bill. Mr. Speaker members of the house, currently cyber staking is a class two misdemeanor but does not include hocking EPS to somebodies car to track him. A similar bill to this has passed the house many months ago not identical and taking up the senate bill representative Faircloth will be offering an amendment that will address many of the concerns that have been raised by various people so, I'm going to generally explain the Bill and not a tip to explain his amendment, but it addresses the private investors to get a question that came up. Basically to put something on somebody else's personal property is a civil tress pass, but we have some exceptions in here for people who do that. They  would not be guilty of this class two misdemeanor and they have pretty obvious exceptions, for example a law enforcement officer who's lawfully performing official duties. The owner or lessee of the vehicle, you can obviously put it on your own vehicle unless you're subject to a domestic violence protective order and you're trying to track the person you're not supposed to be tracking. You can track your children, if you are a guardian, your ward if you're the owner of fleet vehicles, if you're a creditor you can still own that vehicle in a sense you have a lean on it, you can you it to track. The manufacture can do it in certain cases and our parents can do it. This involves a serious problem that needs to be addressed and before I debate it further I think it would be helpful if I would ask to speak to direct to representative Faircloth so we have got the full package in front of you. Does the gentleman from Gilford Representative of Faircloth rise? To put forward as an amendment. The gentleman recognize to send forward amendment. The clerk will read. Representative Faircloth to amend the bill on page two lines 11 through 13 by rewriting those lines to read. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker and members of the house, the amendment is relatively short. It had a lot work has gone into it. Though you may remember, a week or so ago we had this bill and there was quite a bit of discussion about it it was withdrawn from the agenda in order to do a little further work on it. The first on the changes is this rewrites a line on line five on page two lines 11 through 13 simply clarifies that particular paragraph. No major change there the next one is on page three lines five through six, and on that page, these three items would be rand sorted and these are under the exemptions that were mentioned by Representative Stam. First one is an employer, when providing a communication device to an employee or a contractor for use in connection with his or her work or the employer. The next one is a business if the tracking is incident to the provision of a product or service requested by the person excepted as limited in sub division and that particular section is the private investigator, or private detective, or private investigator where that's addressed and this it would exempt property detectives or property investigators licenced to undertake 274, the general statutes but only for three items and those items are included in the statute, present statute under under the property protective services profession definitions and paragraph eight of that reads this any person who engages in the profession of or accepts employment to furnish a [xx] to make or makes enquiries or investigations concerning any of the following the contractual basis. First on the list is crimes, or wrongs done or threatened against inner

estates or any states or territory the United States. The private investigator would've the right to use a GPS device, if he were involved in some kind of investigations either contractual or whatever the case may be, but he could use the GPS device if crime against the State were involved organs to federal government. The next one is the midget[sp?] and their amendment, you see and that's the location this palliation[sp?] or recovery of laws that stop on property. If it's a contracted wealth in order stolen properties, stolen booth, trail her or something like that that he can use GPS to track in order to find them, and then the third of the exemption is protection of individuals from serious bodily harm or death. For instance, If somebody is threatened with injury or death by individual this will allow him to assist in tracking that individual by using GPS now the two that are I think are three are under the powers of property investigator they are not purport of being in exemption at first these allows the property investigation you're to determine now you're included in this paragraphs so listen carefully. The identity, habits, conduct, business occupation, honesty, integrity, credibility, knowledge, trustworthy, efficiency, loyalty, activity, movement, ware belts, affiliations, associations, transactions, acts, repetitions or character of any person now we're not allowing that to be included in the exemptions. Because if a person, personally has the right to, or does not have the right to use GPS. Why should they be able to go out and contract with somebody to use it on their behalf? Next paragraph it's not included in the exception is the calls or responsibility for fires liable losses, accidents damages or enriched[sp?] the person through the properties, and the next is securing evidence to be used before in a Court Board Officer Investigative Committee. And one of the reasons there is that in those types of investigations, legal permission to search can be used. Private investigator can collaborate in that and take advantage of that. So basically what we are saying is that, private investigators will be under this amendment, able to use GPS, with only for these three restricted events. I hope you will vote green for the amendment, thank you. Further discussion for the debate on the amendment, if not the question for the House's adoption as to the adoption of the amendment, once fourth by represent the [xx]. Those in favor of vote, those in oppose will vote no the clerk will open the vote. The clerk will lock the machine and record the vote. 101 having voted in the affirmative and three in the negative, the amendment is adopted, we are now back on the Bill. For what purpose does the the bill. Representative Bass if if you arise. The gentleman is recognized to debate the bill. Move the bill Mr. Speaker. For what purpose does the gentleman form Cleveland representative Speciali rise? To submit amendment. The gentleman is recognized to send fourth an amendment the Clerk will read. Representative Speciale moves to amend the Bill on page 1 line 2 through page 3 line 17 by rewriting those lines to read. The gentleman has the forward to debate the amendment. Ladies and gentlemen, this bill has had some contentious issues since it came to the floor. It came to the floor if you remember a couple of weeks ago, and it was pulled from the calendar because of some issues. Over the last few weeks, in talking with Representative Glazier, we've come up with several different fixes to it and that's the fear. That's my fear. Okey, there have been several proposed amendments I've got one that was proposed. He's got one that was proposed. He's got another one that was proposed. So the one that just came out to you is one of many. This thing has been discussed when Representative Glacier last day here. When I asked him to

pull that bill it was on the condition that I told him that we were going to do a study to make sure that whatever we do here is the right thing to do. We're talking about whether or not to allow private investigators to have access to this to be able to use it. I don't have a dog in the fight on either side except in the case of law and the case of liberty. But what I want to do is make sure that what we do is not a knee jerk reaction. And when we're debating it over and over, over a couple of week period that tells me that we didn't look at this thing close enough. I discussed it with one of the representative that's brought it up here and the Bill sponsor is up  here today and they'll say, we did look at it. We did study it in JII. For what? Less than an hour? This is an issue that's going to affect people's livelihoods, this is an issue that's going to affect people's liberty. It needs to be addressed. But it needs to be addresed properly where we've looked at all the angles. So what this amendment does is that it allows us to study it during the interim and address it when we come back next session. Let's take the time to do it right. We do need to put restrictions under both law enforcement and private investigators. But what are those restrictions? What is the parameters? We've passed Bills here before where we didn't do enough research and it came back to haunt us and we had to make corrections. Let's not do that with people's livelihoods and people's liberty are at stake. Let's make sure Please that we've done the right thing there's no exigencies that require this bill to be done I was kind of surprised to see a deck on the calendar today. Please support this amendment and let's do the right thing, let's put out a good piece of legislation. Again it does needs yo be addressed and it will be addressed but let's look at it and make sure we've taken the time to look at all all of the ramifications. Now what we want the bill to do but what the bill is actually going to do and how it's actually going to affect people so I ask please support this amendment. For what purpose does the gentleman from Wake Representative Stan rise? To speak on the Amendment The gentleman has the floor to debate the amendment. Mr. Speaker, members of the house they should not agree to the amendment. The subject has been thoroughly discussed if I count right our house should committee has considered this at four separate meetings, the first time when the companion house bill came over and passed and went through the senate then twice more on the senate bill then it came out to the floor with the rules, with the judiciary too precisely to discuss the issue that representative specialty has raised the exception to private investigators I think is amendment that offered is perfectly legitimate, reasonable and a very good consensus. We really can't just wait on this, there's nothing more the LRC can tell us that your own committees haven't already told you. If you don't pass the bill, it will remain legal for people to do this type of cyber stalking for the next year till we deal with it, that's not a good thing. Please pass the fifth amendment.  For what purpose does the gentleman from Cumberland representative Floyd rise? the speaker to see if the rules chair is available. The rules chairman is off the floor. Mr. Speaker again, may Does the gentleman form Hornet representing Louise yield to the gentleman from Cumberland? He yields. Mr. Chair, I want to ask you is this germane to the bill? Actually that question should be directed to the chair, the chair rules the amendment, and while it does change the bill it would be germane to the bill the way it is titled but the effect of the amendment would be essentially to strip the bill of its contents make it a study bill, but it is germane. Thank you. For what purpose does the gentlemen from Craiven representing [xx] rise? Speak on the amendment again. The gentleman has a foreword to debate the amendment, If this had been studied four times, then why was it necessary to put in an amendment today, because we didn't, because we didn't look at everything was just asked a while ago, because there were questions, because there were issues, because it wasn't studied enough. There is no emergency that

causes us to have to pass this Bill. GPS has been out for years, a few more months is not going to hurt anything. We need to get it right. That is our responsibility to the people that sent us up here and I'd ask you to please support this amendment. For what purpose does the gentleman from Ash, Representative Jordan, rise? Debate the amendment. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker, I would urge you to vote against this as chair of [xx] but ask you to share it too, we've just studied it extensively. The reason there was no amendment made during the committee is because the people who had concerns about this did not come with any suggestions about what to do. They just said we have a problem this bill. They had no suggestion, no amendment, no change, no nothing so they're lucky to have an amendment today, and I would say we do have a liberty confirmed this is legal to use on people now if we don't make these restrictions, so we need to put these restrictions in place and if we need to tweak them later we start looking in, but to perfect the liberty of people who have been tracked by GPS we need to put this into law now, thank you. What purpose does the lady from Orange Representative [xx] rise? Inquiry of the chair or the rules chair.   Lady may state her inquiry. Is this the only amendment that we have on this bill? This is the only amendment. Thank you. Further discussion further debate on the amendment. If not the question before the house is the adoption of the amendment to send forth by Representative Speciale those in favor will vote aye, those oppose will vote no the clerk will open the vote. . The clerk will lock the machine and record the votes. 15 having voted in the affirmative and 89 of the negative the amendment is not adopted. We are now back on the bill. further discussion further debate for our purpose does the gentleman from  Mecklenburg rise? Representative Bishop Rise to answer the bill sponsor a question? Does the gentleman from Mecklenburg  to the gentleman from I do yield. Representative Stem focusing on the Bill as amendment that Representative [xxx] offered and looking at that section 74C-3 parenthesis eight, subsection A so if I understand the effech here with the it is that a private investigator will be exempted from this new law if he or she is investigating anything that is a crime or wrong done or that is a threat to the United States or any state or territory of the United States do I have that right so far? Right Follow up Mr. Speaker Does the gentleman yield to a second question? Does the gentleman from [xx] and So then my question is I'm not sure about that but does that just mean anything that is a crime under the code of North Carolina, or the code of any other State, or the code of the United States? Well if it's a, well that's existing language, crimes or any state or territory of the United State so if it was a crime against the state of Virginia and they were trying to investigate it in North Carolina, yes they could do that. Does the gentleman opt to an additional question? I do. right, then under 14, 184, fornication and adultery are crimes against the state of North Carolina. Would that mean that if a private investigator is hired by a spouse to investigate whether their spouse has engaged in that conduct, that private investigator would be free to use a court in [xx] Wellington declared that law unconstitutional, so give me another for example. How about crime against nature? The gentleman is recognized to reinstate the question. Thank you substitute crime against nature, a prime investigator is investigating that. Would that be of crime against nature is defined by judicial interpretation. It has never been defined statutorily and under law versus Texas. It only applies to a relation with minors or in public, or non consensual so yes it would apply to that but it does not apply to the old definition of crime against nature which is been declaring constitution and [xx] for Texas Thank you Representative Stan, like to speak on the bill Mr. Speaker. In just a moment, before the gentleman does the chair has a few recognition the chair will like to make momentarily, our motion of the members of Mecklenburg representatives

Jeter, Bishop and for the chair is happy to extend the courtesies of the gallery to Jim Packet Mecklenburg county commissioner, Bill Russell, Lake Norma chamber Michael Russell, Lake Norman chamber 2015 chairman and John Hatwar who's the former chair of the Lake Norman would you all please stand so that we can welcome you for being with us today. Also a motion of a member representing Anson county representative Brody and on the full body the chair is happy to extend the courtesies of the gallery to a Elizabeth Tylor and her husband Brian Galley from Enson county. Elizabeth is the daughter of former speaker of the house and Lieutenant governor Pat Tylor and she is also a her birthday today, would you please stand so that we can welcome you as well. I also see Lockhart up there as well, glad to have him here as always, and also on behalf of the gentleman from representative Howard the chair is happy to extend the courtesy of the gallery to Joe Agovino who is the chair [xx] republican party and [xx] who is the president of the north [xx] club glad to have you with us, please stand so that we could welcome you with us today. Thanks for being with us. For what purpose does the gentleman from Craven Representative Speciale rise? Further discussion further debate.  What purpose does the gentleman from Craven representative Speciale rise? To speak on the bill. The gentleman has the floor to debate on the bill. Again further questions, further issues that haven't been addressed as you just heard and a nice try by our legal team here, but the problem is there are still many issues that havent been addressed on this bill, I'm asking you to please vote against the bill. Let's do it right. For what purpose does the gentleman from Mecklenburg representative Bishop rise? To speak on the bill. The gentleman has the floor to debate the bill. I rise Mr. Speaker simply to say not withstanding my [xx] I'm going to support for the bill. [xx] is not the enemy of the good and the bill needs to be passes, thanks.  Further discussion further debate, if not question before the house is the passage of senate bill 238 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 lock the machine and record the vote. 98 having voted in the affirmative and six in the negative, senate bill 238 passes it's 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 passage of senate bill 238 those in favor will say aye, those who oppose No. The ayes have it. Sender bill 238 having passed its third reading return to the Senate bill is ordered and glaced. Members for your planning purposes, there will be no recorded votes tomorrow there will no reported votes on Monday. However, those members who were working on the budget should plan to see what Reilly is like on the weekend. Notices and announcements. For what purpose does the gentleman from Wade Representative Bell rise? For an announcement. Gentleman has the floor for an announcement. Thank you Mr. Speaker, members I've mentioned to you about a meeting dinner with mission Cathedral and mission North Carolina, their meeting will schedule for one o'clock in digital lovely debate we are living behind schedule so as soon you are done with session, please come down stairs  room 1228 representative George Graham, I would welcome you to come listen to some of the issue facing our coastline, thank you. For what purpose does the gentleman from Wake, representative Sterm rise? An announcement. The gentleman has the floor for an announcement If you're conferee on house bill 334 about charter school modification, if we would meet around my desk immediately after session for what purpose does the gentleman from Hartford, Representative Hegan rise? For announcement. The gentleman has the floor for an announcement. Thank you, Mr. Speaker I refer [xx] 1228 to 15 For what purpose does the gentleman from Scotland, Representative Pearce rise? Moment of personal privilege Mr. Speaker. The gentleman's recognized to speak to point of personal privilege. Thank you Mr. Speaker, ladies and gentlemen. In the absence of representative Becky Kani[sp?] I just to want to recognize her seat mate and long term member of assembly we will not be here tomorrow, and we want to recognize representative Foushee, his birthday, I will not his age but we want to recognize his birthday on Friday, so if you would, all give him a hand Friday

is his birthday, Representative  Mickey Mitchelle. For what purpose does the gentleman from Haywood representative Queen rise? For a point of the gentleman recognized speak to a point of personal privilege. Well, we may be making our plans for Labor Day weekend with the idea that we're not going to have some voting sessions tomorrow or Monday, and I'd like to invite anybody who wants to come to the mountains for a cool and wonderful Labor Day weekend. There's the Smoky Mountain Folk Festival, the 45th year will be at Lake Junaluska [xx] auditorium Friday and Saturday night, and the nation's longest running Labor Day festivities are in Canton, North Carolina they are all weekend particularly on Labor Day, Monday the Labor Day, with the longest-running continuous parade in America, so come and celebrate with the working men and women of West and North Carolina, we'd love to have you, thank you. For what purpose does the gentleman from Henderson, Representative McGrady rise? For a point of personal privilege. The gentleman's recognized to speak to a point of personal privilege. My colleague from Watford County reminded me that I would be remiss if I did mention that the apple festival is a occurring in Henderson county, it doesn't sound like I'm going to get there, but I hope some of the rest of you manage to get there and maybe we'll deliver a budget on time, thank you Mr. Speaker. Further notices and announcements . Again members for your planning purposes, no votes tomorrow, no votes Monday of course there won't be any session Friday. We're going to have session alk Monday just in case there's some reports to be read in, I'd expect however that there would be some votes next week, so [xx] to be prepared for votes. The gentleman from [xx] Representative Louis is recognised for a motion. Mr. Speaker, subject to messages from the senate, the receipt of committee reports, conference reports, [xx] referrals of bills an resolutions and the appointment of conferees, a move that the house should now adjourn to reconvene Thursday, September the 3rd at 10 o'clock A. M Representative Louis move seconded by Representative Dollar that the house adjourn subject to receipt of messages from the Senate, committee reports, conference reports, [xx] Those are resolutions and [xx] to reconvene Thursday September 30 at 10:00 am, those in favor will say aye, aye, those oppose no, the aye's have it. We stand adjourned.