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House | July 25, 2013 | Chamber | Session Part 4

Full MP3 Audio File

The House will come to order. Senate Bill 515, the clerk will read. [SPEAKER CHANGES] House committee substitute for Senate Bill 515. The bill has been entitled an act to delay additional implementation of the Jordan Lake rules and Jordan Lake session laws to provide for alternative implementation of the protection of existing buffers rule. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Ross, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill for a period not to exceed three minutes. [SPEAKER CHANGES] Thank you, Mr. Speaker. I don't think it will take that long. Yesterday, I think. Yeah, let me look at the clock. Yesterday, we had a very healthy debate on this bill. We also had a good solid vote. I would ask you to continue to support the bill. Thank you for your support. [SPEAKER CHANGES] Representative McGrady, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill for a period not to exceed three minutes. [SPEAKER CHANGES] I don't want to extend the debate at all. I just want to pose some questions. The question is, does the state have an agreement with EPA with relating to achieving targeted reductions of nitrogen and phosphorus into Lake Jordan? The answer is yes and then my question would be, has anyone determined whether delaying implementation of the Jordan Lake rules may cause a stage of default on this agreement relating to clean up of the lake? And the answer to that is also yes. The EPA in a recent letter has raised concerns about the potential impact of this very bill with respect to its compliance with this agreement between the EPA and the state. The EPA notes that any abandonment of efforts to achieve reductions from non-point source discharges could make it necessary for the EPA to revisit the current agreement and assign greater reductions to permit point source dischargers. This would likely shift, or move, the cost of cleanup from new development to upstream cities like Burlington and Greensboro. Just the opposite of what's being sought here. I've gone over at some length, the Pilot Project funded through the Clean Water Management Trust fund. I'm very hopeful, Mr. Speaker and colleagues, that we can get the state auditor to look at that one because it really does appear to be a sole source contract. It is the type of thing that we really shouldn't be about. I would tell you that this is not a good bill. I would urge us not to concur in it for all the reasons that we spoke about yesterday. Thank you, Mr. Speaker. [SPEAKER CHANGES] The question before the House is the passage of the House committee substitute of Senate Bill 515 on its third reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members please record. The clerk will let the machine record the vote. 63 having voted in the affirmative and 41 in the negative, the House committee substitute of Senate Bill has passed its third reading. It will be returned to the Senate by special message. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Dollar, please state your purpose. [SPEAKER CHANGES] I had a malfunction and wish to be recorded as voting no. [SPEAKER CHANGES] The gentlemen is recorded as voting no. Representative Warren, please state your purpose. Representative Brandon please state your purpose. [SPEAKER CHANGES] I would like to be recorded in voting aye on 182. [SPEAKER CHANGES] The gentleman will be recorded as having voted aye on 182.

[silence] Speaker: Members, we have two bills that… and with the possibility of objection, a third reading, that we have to take a second reading on. We are waiting for committee reports from rules. We are going to go ahead and move forward. Representative Carney has chosen not to remove the objection and to begin the debate on 380 at this time. So we will take that up when we reconvene tonight. So, we are going to go back to… [silence] Speaker: House bill 92, the clerk will read. The clerk will read the amendments. The clerk will read all four amendments. Clerk: Senator Hart moves to mend the bill on page 12, lines 28-29, by adding the following between the lines. Amendment 2, Senator Hart, moves to amend the bill on page 33, lines 36 and 37. Senator Hart moves to amend the bill on page 24, line 39 - page 25, line 22 by deleting the lines. Senator Davis moves to amend the bill on page 32, lines 47 and 48, by inserting the following and deleting those lines. Speaker: Representative Moore is recognized for a motion and to debate a motion. Representative: Mr. Speaker I first of all move that the house…that the first motion be that the house do concur with the sitting committee’s substitute for house bill 92, but I believe first of all we have to move the adoption of the four amendments. So at this time Mr. Speaker, I motion that we move the adoption of the four amendments and ask to be recognized to explain that. Speaker: Representative Shal, please state your purpose. Representative: I don’t know what we are doing. I do not have anything on dashboard at all. Speaker: It may be that the clerk needs a little more time before the amendments hit the dashboard Representative, we will wait. Members, this particular bill is not time sensitive: we can’t take it up in the morning. The chair is just trying to do the best we can to use this time between now and midnight. Representative Jackson, please state your purpose. Representative: Mr. Chairman, Mr. Speaker, I have got a few questions on behalf of Senator’s bill and I did not know if I could be asking those questions while we are waiting…

Amendments. [SPEAKER CHANGES] Representative Moore, does the gentleman yield? [SPEAKER CHANGES] I will. [SPEAKER CHANGES] Gentleman yields. [SPEAKER CHANGES] Representative Moore, I know I'm pesky and like to read things and I apologize. Section 42 of the deal, refers to a session law. And it adds a line about electronic notice in lieu of traditional publication and I was wondering if you could refer me to the statute instead of the session law. I mean, what is we're changing. [SPEAKER CHANGES] That is a provision that deals with electronic notice in lieu of the traditional means for Apex, Carey, Garner and Nightdale. That is an existing law that is in place. I believe Representative Stam actually requested that provision if the gentleman would like to direct the question to Representative Stam if the Speaker would allow that. [SPEAKER CHANGES] Representative Stam the gentleman yields you may respond to the question. [SPEAKER CHANGES] Yes, this was requested by the town of Carey because their bond counts or whatever didn't think that the law was clear enough for them. Apex, Raleigh were okay but this request of the town of Carey. [SPEAKER CHANGES] Speaker may I follow up? [SPEAKER CHANGES] Representative Stam does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] And Representative Stam I represent Nightdale and Garner. I just want to make sure we're not taking away any ability they currently have. [SPEAKER CHANGES] No, it doesn't add any towns, it doesn't subtract any towns, it just gives some comfort to hyper-technical bond counts. [SPEAKER CHANGES] Mister Speaker another question. [SPEAKER CHANGES] To whom does the member wish to direct. [SPEAKER CHANGES] I don't know who is offering each of these, but it's section 36.7 which has to do with redistricting communications. [SPEAKER CHANGES] If the gentleman would speak up Representative Jackson, I don't know if the others are having difficulty. [SPEAKER CHANGES] It's section 36.7 it has to do with redistricting communications. [SPEAKER CHANGES] I can handle that one. [SPEAKER CHANGES] Representative Moore yields. [SPEAKER CHANGES] What that provision simply does, is that codifies the holding out of the case of Dixon vs. Rucho. That codifies what the court holding was. That's it. And one thing, I know we just sort of jumped into questions. What I want the House to understand is, the bulk of these changes are staff driven. This is a technical amendment. The way the sections are done, there's the purely technical. Then there's the, I guess what you'd say is technical plus. I'm not aware of any major policy type things that have occurred. This is a clean technical bill as far as, from everything I've seen. If I were writing the bill and able to just put what I wanted to it'd probably be a lot more stuff. But this is more technical. The bill is before us. [SPEAKER CHANGES] Follow up Mister Speaker. The final question I have to Representative Moore. If I could. And I just got an email so I'm not sure, I haven't ?? bill. But I understand that we're changing as far as it goes to mediators, about the authorized practice of law. It changes it makes it so you don't have to be an attorney to write up a mediation agreement. [SPEAKER CHANGES] That is a limited exception that is for university employees to write up a mediation agreement only in that context, ?? and it doesn't go beyond the scope of practiced law, or anything else that is limited. Just in the universities. Again I believe that was requested by, is that by staff? Office of state personnel of the university system. I'm aware of no opposition to that. [SPEAKER CHANGES] Mister Speaker, if I could follow up. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you. Do you know if the state bar was consulted about this change? [SPEAKER CHANGES] That section, by the way, if you want to see it in the section is section 38.5 of the bill. I do not know whether or not the state bar was consulted, I've received nothing and I don't know if any of our staff have received any objections from the state bar on this. I saw one of the lobbyists for the bar earlier tonight talking and nobody said word one to me about it so I know of no objection. [SPEAKER CHANGES] Follow up Mister Speaker. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] I'll ??. [SPEAKER CHANGES] But if someone sent me a communication saying that the state bar objected to this change you wouldn't dispute that characterization would you? [SPEAKER CHANGES] No, I think if you said somebody sent it to you I'd believe what you told me. [SPEAKER CHANGES] Thank you Mister Speaker. [SPEAKER CHANGES] Representative Floyd please state your purpose. [SPEAKER CHANGES] ?? to the amendment ??. [SPEAKER CHANGES] Representative Moore does the gentleman yield? [SPEAKER CHANGES] I'm thrilled to. [SPEAKER CHANGES] The gentleman is thrilled. [SPEAKER CHANGES] Representative Moore, in rules my concern still relies in the first word of mine. [SPEAKER CHANGES]

Four. SPEAKER CHANGES: Of which page? SPEAKER CHANGES: In your amendment. This is H nine two A R one dash one one zero D one B one I'm sorry. SPEAKER CHANGES: Mister speaker. SPEAKER CHANGES: I can answer that question if I might. Representative Ford what that does is that fixes an effective date on House bill seventy four that passed today. That is purely technical. SPEAKER CHANGES: It's technic but my concern is we talked about it in rules...you follow me mister speaker. SPEAKER CHANGES: The gentlemen yields. SPEAKER CHANGES: We talked about this in rule and if that's a concern that's a concern that when staff sent us one if House...it seems to me that it should be when but we keep getting it from staff if a certain thing come to us and it's a order and we must respond to it in the positive. That's just my question it's just a question. SPEAKER CHANGES: If I can respond I think I understand and that is where we had our English debate in "Friend Rules" and what the gentlemen is saying is that the gentlemen feels like that if you just read it. Instead of saying if House bill seventy four you should say when House bill seventy four. And we almost made that change but our staff cautioned us and said "Wait a minute we've always done it as if". That's how we know to catch it. So as a result we leave it as is. It's just how you want to word something. I think we'd all agree there's no substitute difference but the gentlemen from Cumberland feels like it will flow better and probably it would, I guess these are statuettes and not poetry I don't know. SPEAKER CHANGES: ?? mister speaker. SPEAKER CHANGES: I yield. SPEAKER CHANGES: The gentlemen yields and ladies and gentlemen before the following question Representative Malone ?? SPEAKER CHANGES: I yield. SPEAKER CHANGES: The gentlemen will yield. SPEAKER CHANGES: Representative Malone the Chair understands that you wish to change your vote from aye to no on the Jordan light bill. So ladies and gentlemen for your information...and this is very important for you to hear...we have probably three votes to take before midnight. Be sure to cast the right vote. The Chair will not allow any vote changes as a courtesy to the clerk because we're moving bills as quickly as we can to the Senate. And to change the vote after a few minutes requires them to withdraw the bill and that would be a lot of administrative work so the Chair will not allow any vote changes after the vote is recorded for the remainder of this evening. Representative Wilkins please state your purpose. SPEAKER CHANGES: Inquiry of the Chair...?? SPEAKER CHANGES: Gentlemen ?? his inquiry. SPEAKER CHANGES: ...as to procedure mister speaker. We will block vote the amendments is that correct? SPEAKER CHANGES: That is correct. SPEAKER CHANGES: And could we get a bit of detail from Representative Moore as we move into this. SPEAKER CHANGES: Yeah absolutely Representative Watkins we were trying to make use of the time as the dashboard was updated. I believe now that the amendments are on the dashboard. Is that correct madame cleric? So at this time I think we can move back in I'm just trying to use the time ?? and I appreciate the members indulging. So at this time Representative Moore is recognized to explain the amendments. SPEAKER CHANGES: Thank you mister speaker, let me start with amendment number one. Again amendment number one fixed the effective date issue as to House bill seventy four. That is the staff explanation has been provided on that. I think this is amendment number two but what I'm looking at is H ninety two ASU fifty two B two members have a chance to see that one? This one I'm reading on is V two anyway what I'm ?? moves to amend the bill on page twenty four line line thirty nine through page twenty five line twenty two by deleting those lines very simply this removed the section on Meclink which had been handled in the budget technical corrections again that's The other amendment which unfortunately mister Stalin told me is longer was offered by Senator Harts. This is...in the words of the state grand city councilman, "This is a hodge podge." And what these are...I can tell you section eighteen.

.5 has to do with, for example it said, an entity, said a person or entity. This had to do for the immunity from civil criminal liability as a result of transmitting data related to those, to that section. The next two are simply modifying effective dates. [inaudible background] The next section there 30.5 is one I was involved with remember we passed House bill 26 [tightened it all up] on a salvage yards about the vehicle being stolen and reselling and not having all that and so forth. This fixed a technical issue on that. [inaudible background] The next section that deals on where it says page 19 line 42 about the hearing aid specialist that was consensus language requested by all of the stakeholders on that. And it goes all the way down to line 16 of the next page. [inaudible background] Right, [inaudible background] this, there was a section in the next section see there, that had to do with rental units and metering. It simply removed that from the bill that was a request of the bill sponsors. [inaudible background] The next whole thing that has to do with appoint, with the appointments bill you’ll see where it mentions all the names of parties appointed, as your technical corrections to the appointments bill that’s already passed. [inaudible background] [unintelligible] One of our staff found some problems if you look at section 2.2 with the effective dates for the State Personnel act again but just had to be modified to reflect the correct days. I think those are pretty self explanatory, if you look at those. [inaudible background] The remaining section was a request of Senator McKissick of Durham, to clean up language related to speech pathologist. It was all clean up language and I believe that entire rest of the bill through the final through page, all the way through page 6 of it, was what that amendment covered. [inaudible] The next, the next amendment that was offered by Senator Davis which says section, starts off of section 44.5, was, deals with an issue, there was a bill that Representative Brown had passed that dealt with I think a school board and it was technical, and it appears, I guess that would be a bipartisan thing there, if the members want, if the speaker wants Representative Brown to speak to it, if the members felt they have questions that had to do with that school board and would be, would appear to be technical in nature. Those are the amendments that Mr. Speaker of the House wants to vote on the amendments and then we can get into the weeds on the rest of the bill. [speaker change] Are there members wishing to ask questions on the amendments? Representative Harrison. [speaker change] Thank you. Mr. Speaker, Representative Moore, I just could not, follow you on where the metering language is, which section that is that you referenced. The change to metering. [speaker change] It’s amendment H92ASU50 v14 at the top. And if you look at, there there's no change to the statute, it removed the language from the technical correction, that if you look it’s on line, look, look on the lines, it’s page 2 of 6. Lines 22 to 23. You’ll see it just deleted those lines. [speaker change] Thank you. [speaker change] Representative Glazier please state your purpose. [speaker change] To see if Representative Moore would yield for a question. [speaker change] The gentlemen yields. [speaker change] Thank you. Mr. Speaker, thank you Representative. I just wanted to double check it’s, trying to read it fast, but the effective date changes Representative, can you tell us just which bills the effective date is changing? [speaker change] which section there were several of them ?[speaker change] Well it’s in [Heartzle] amendment the long [Heartzle] amendment you said there couple sections are changing effective dates of bills. I’m just because I can’t get [speaker change] I believe that was the Personnel act if I’m not mistaken section 2.2 page 3 of 6. [speaker change] Ok one follow up question Mr. Speaker [speaker change] The gentleman yields. [speaker change] Thank you and Representative Moore is that the only bill where the effective dates being changed? [speaker change] there’s one, there’s a couple in the appointments bill in that same

Amendment. But we don't see anything else. [SPEAKER CHANGES] All right thank you.[SPEAKER CHANGES] If the gentlemen sees one please point it out. But we don't see anything.[SPEAKER CHANGES] Thank you.[SPEAKER CHANGES] Further debate on the amendments. If not, the question before the House is the motion to concur ?? the senate amendments for the senate committee substitute of House bill 92 all in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 106 have voted in the affirmative, one in the negative. The motion passes. We're back on the bill. Further discussion, further debate. Representative Harrison please state your purpose. [SPEAKER CHANGES] Question of representative Moore.[SPEAKER CHANGES] The gentlemen yields.[SPEAKER CHANGES] I yield.[SPEAKER CHANGES] Thank you. On section 41, page 32, there is a change in rental units inspections. I wondered if you could give a little bit of background on that because I know we changed rental unit inspections both last session and earlier this year.[SPEAKER CHANGES] All right. There was a bill that passed.[SPEAKER CHANGES] Representative Moore, we have two other bills that we need to take up. I do believe the members have legitimate questions they'd like to ask. What the chair would like to do is advise the gentleman to maybe go over, meet with Representative Glazier and Representative Harrison to answer the questions to maybe answer the questions.[SPEAKER CHANGES] We can do one better than that. We have a summary Mister Speaker. And we will make that available, the bullet points that staff did. Welcome to look at that, and this ?? to be voted on tonight.[SPEAKER CHANGES] If we have time we'll do it tonight otherwise we'll carry it over but we'll provide you adequate time and displace the bill. Representative Moore is recognized ?? committee report, the clerk will read.[SPEAKER CHANGES] Representative Moore ?? the House ?? Senate Bill 473, Healthcare Cost Reduction and Transparency. Favorable is House Committee Substitute number two, unfavorable is the House Committee Substitute number one.[SPEAKER CHANGES] House Committee Substitute number two, calendar. House Committee Substitute number one, unfavorable calendar.[SPEAKER CHANGES] Senate bill 483 Streamline Certain Leases for State Agencies. Favorable is the House Committee Substitute number two, unfavorable is the House Committee Substitute number one.[SPEAKER CHANGES] House Committee Substitute number two, calendar. House Committee Substitute number one, unfavorable calendar. And ladies and gentlemen in both cases the calendar for immediate consideration without objection. Senate Bill 473 the clerk will read.[SPEAKER CHANGES] House Committee Substitute number two for Senate Bill 473 ?? the provisions of House Bill 834 related to Healthcare Cost Reduction Transparency to fair healthcare billing and collections practices to allow the Speaker of the House ?? as agencies of the state to join and intervene on behalf of the general assembly in any judicial preceding challenge of North Carolina statute or provision of North Carolina constitution. The general assembly of North Carolina unites.[SPEAKER CHANGES] Representative Burr, the chair understands you're carrying this bill.[SPEAKER CHANGES] That'd be correct.[SPEAKER CHANGES] The gentlemen is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mister Speaker. Just one moment please. Mister Speaker, this is a bill that is near identical that was passed earlier today by representative Collins. It was included in his bill, there were several changes made to it that I know were changes requested by some of the attorneys in the rules committee. Perhaps Representative Stam or Representative Daughtry would like to speak to the changes they made. Otherwise it's identical and the debate's basically the same as we had today with exception of those few changes, so perhaps one of them would like to address those changes. [SPEAKER CHANGES] Representative Stam is recognized to debate the bill.[SPEAKER CHANGES] Is this 473? I can't see. Yes. Yes Mister Speaker. It has three provisions. The first two, were amendments that were adopted in the rules committee yesterday, but because they come over in a different bill, we couldn't for concurrence amend them. The first one deals with a health care provider can only charge the actual cost to the provider if they do a procedure before getting informed consent. The second provision, representative Daughtry he'll explain that. The third gives standing to the Speaker of the House, President ??, as agents of the general assembly, if they act jointly, to intervene in litigation to defend the constitutionality of our statutes.

And set out a procedure, because under rule 24 of the rules of civil procedure, which together with the commentary and cases is about 10 pages in this book, that procedure is set out. This is a protection for the assembly, and I recommend the bill to you. [SPEAKER CHANGES] Representative Glazier, please state your purpose. [SPEAKER CHANGES] To see if Representative Stam would yield for a question please. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] I will. [SPEAKER CHANGES] Representative Stam, I’m going to ask a question, possibly several, on section 3 I believe. [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] I’m trying to again read it really fast. But my first question is, is that section designed to take away the authority of the Attorney General to defend or to decide whether to defend the state, and giving it to the speaker and the president pro tempore. [SPEAKER CHANGES] No. The Attorney General retains all the authority to be a party in litigation by the state. Intervention is an additional party, but no taking away of any authority of the Attorney General. [SPEAKER CHANGES] Second follow up, Mr. Speaker. [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Thank you, Representative and Mr. Speaker. Under intervention, the rule of intervention is under as you suggested the rules of civil procedure. Is this section designed to trump the North Carolina rules of civil procedure? [SPEAKER CHANGES] No, as I said in my statement the procedure by which this would take place would be under rule 24. [SPEAKER CHANGES] Last question. [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you. And so a court in your mind, under section 3, reserves the right to deny intervention under rule 24 if the court determines that intervention is not appropriate. Would that be correct? [SPEAKER CHANGES] Well, there’s two interventions under rule 24. Intervention as of right, and permissive intervention. So under subsection B, permissive intervention, it would be discretionary with the court. Under subsection A, in certain cases it would be a matter of right. [SPEAKER CHANGES] The last question. I apologize, that leads to one more. [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Under intervention as a matter of right, is your claim that section 3 creates any specific intervention as a matter of right independent of the rule and its guidelines? [SPEAKER CHANGES] [PAUSE] I don’t think so, but I have to think through that. In other words, the procedure would be under rule 24, and its guidelines. It just states that these two gentlemen, if they act together, are agents of the state so if the state has a right to intervene, then under rule 24A, they would have a right to intervene. Doesn’t mean they replace any other party like the Attorney General, the Governor or some agency. But they have a right to be a party. [SPEAKER CHANGES] Speak on the bill, Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you very much. I appreciate Representative Stam and I’m going to try to repeat what I understand section 3 to be and hope that it’s clarified before it finally becomes law. That it is not the intent nor the language to replace the Attorney General’s right to defend the state, but the Attorney General is still the primary defender of the state, but the speaker and president pro tempore though were given authority to intervene on behalf of the General Assembly, but only to the extent that it meets rule 24 standards where the court determines either permissively they should be allowed to intervene, or where it determines that they have otherwise qualified as an intervener as of right. And I guess maybe Mr. Speaker, my best way to explain that would be to ask that as a final question of Representative Stam, if he concurs. [SPEAKER CHANGES] I yield, Mr. Speaker. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] I agree that you have correctly stated it. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] The question before the House is the passage of House Committee Substitute number 2 for Senate Bill 473 on its second reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. [PAUSE] The clerk will lock the machine and record the vote. 70 having voted in the affirmative and 38 in the negative, the House Committee Substitute number 2 to Senate Bill 473 has passed its second reading and without objection. [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] Objection having been raised, the bill will remain on the calendar. Senate Bill 483, the clerk will read. [SPEAKER CHANGES] House Committee Substitute number 2 for Senate Bill 483, a bill to be entitled an act to streamline a process of leasing space of state agencies under very limited circumstances and to amend the setoff debt collection act. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stam, please state your purpose.

I don't have my glasses on. Is this... [SPEAKER CHANGES] Senate Bill 483 [SPEAKER CHANGES] Oh yes. The first sections of this bill is one that streamlines the leasing for the Western Crime Lab because, apparently, it's on a month to month right now. That's really all I know about it. Section 2 is new today and I would ask the Speaker to recognize Representative Brian Brown. [SPEAKER CHANGES] Representative Brown is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, this addition that we added was something that I spoke about on the floor earlier today in regards to House Bill 834. In an environment where we continue to ask our University systems to be more efficient, find cost saving measures, working in an environment where they become more creative in generating revenue to remain solvent and provide their mission of charity care, essentially. This is a very important provision to remain in effect that is currently statute, that helps them do just that - remain solvent and continue to carry out their mission. What settled debt collection essentially is, is when you go into a facility such as ECU Physicians and in the rural portion of the eastern part of our state, which has a high propensity for Medicaid, Medicare and cash based based patient, and you are unable to pay your debt, and after collection attempts of being able to recoup that debt, we have the ability to be able to recoup that debt via your tax return. It is a way for us to recoup that debt and continue to remain solvent. A fiscal note that was prepared in regards to a Senate Bill where this provision was originally proposed in, estimates that East Carolina University alone would have lost $5.5 million this fiscal year and up to about $7.7 by 2017-2018. Again, this is an important provision for us to maintain to allow these providers to continue to carry out their mission and provide great healthcare in our rural communities and I urge your support of this bill. [SPEAKER CHANGES] The question before the House is the passage of the House committee substitute number 2 to Senate Bill 483 on its second reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 103 having voted in the affirmative, 4 in the negative, the House committee subsitute number 2 to Senate Bill 483 has passed its second reading without objection. Will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of the House committee substitute number 2 to Senate Bill 483 on its third reading. All in favor say aye. All opposed say no. They Ayes have it. The House committee substitute number 2 to Senate Bill 483 has passed its third reading and will be returned to the Senate by special message. Message from the Senate, the clerk will read. [SPEAKER CHANGES] Special message from the Senate. Message speaks solely that messages ??represented with the information the Senate adopts the reports of the conferee zone Senate Bill 182. The Bill has been entitled AN ACT TO ELIMINATE APPEALS FOR INFRACTIONS, TO MODIFY APPEALS TO THE SUPERIOR COURT IN PROBATION REVOCATIONS. When appropriate action has been taken by both chambers, the bill will be ordered enrolled. Respectfully, Sarah Lang, principle clerk. [SPEAKER CHANGES] Noted. Representative Carney, we have ten minutes before we'll have to adjourn. If the lady would like to use that time and then come back in and continue if necessary. Does the lady wish to remove the objection to 380. The lady removes the objection to 380. Senate Bill 380, the clerk will read. [SPEAKER CHANGES] House committee substitute for Senate Bill 380. The Bill has been entitled an act to create the Charlotte Douglas International Airport commission under the city of Charlotte. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Carney, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Ladies and gentlemen of the house I'm really sorry we can't adjourn right now a little before midnight and go on home on Thursday. I hope we still can. This bill should have never come back to us. You all voted on it. It was passed. Senate voted on it. It was passed. There was a lawsuit and there was an injunction placed on the bill. There's still lots of legal questions hanging out there. And here at the 11th hour...

a session is shutting down. Last night, early this morning, a new bill was drafted. Our city council has not seen it as a whole. One council member was a part of some of the discussion last night, late last night, and then this morning. He had some input as for what you see in here, the Monitoring Commission Committee. And then at 12:40 today, he sent me a text and said "Please take that out; I was talking about coupling that with our bill, which is the city's proposal, before you pass the bill out of here." This new bill before you has not even begun to be fully vetted. Not even begun to look at all the problems that may be within it. And our city manager, and his advice from some of the council members, I don't know how many; I'm not a part of that (it's been a very long day). But there's one glaring piece in here that's new to this bill, and I need for you to know about this because from the time we recessed we had this bill earlier. And to this point, I've talked to a lot of people, some attorneys. And there's a section in here that the day that the bill became law from the Senate, the city filed an injunction and the city seated city airport aviation director submitted his resignation because they stunned (???) a law that was passed. He was the new director of the authority. But the city's injunction being filed, and his resignation, they removed him. As they should have; that's the process. They put in his place, as was stated early and ??? to me, well not a nice way, the new intermittent aviation director, Brent Cagle. Comes with an incredible resume. He's learned at the hand of Jerry Orr in the short time he's been there. So he is running the airport, and very competent. But in this bill is a new section, and it comes more and more to light, you know the more you read something the more it's talked about, which we should be doing with every bill up here. You see flaws, but you rise (???), "why we're doing this?" We're doing this bill to get Jerry Orr back in his job. This section says, you're doing this bill, and I'm not doing this, the commission on behalf of the city shall, page 7 of the bill--read it some time--be deemed as a matter of law to have appointed as its initial executive director the aviation director of the city of Charlotte as of February 14, 2013, retroactive, with initial compensation and benefits of the initial executive director, being the same compensation and benefits as were being received from the city of Charlotte on February 14. Give him back his job. Well what I found out, is this now raises a completely new constitutional defect under the special privileges clause. And it probably could also be deemed unconstitutional private act relating to employment. A state government in a new law repealing a law that is held in the courts right now. A state government dictating who a city government may hire. I have never heard of this. I have asked numerous people that have served up here before. They've never heard of it... [SPEAKER CHANGES] Marney, I apologize for interrupting you, but because of the midnight hour upon us we are going to adjourn. And we will come back in about four or five minutes so that we can let you continue the debate on the bill. [SPEAKER CHANGES] I'll hold my thought. [SPEAKER CHANGES] Representative Moore is recognized. Mr...

I move that the house now, the house do now adjourn to reconvene tomorrow July 26, 2013 at 12:01 a.m. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative Johnson that the House now adjourn to reconvene July 26 at 12:01 a.m. All in favor say aye. All opposed no. The aye's have it.The House stands adjourned. [SPEAKER CHANGES] Good morning everybody. The House will come to order. Members please take your seats. Visitors please retire from the chamber. The Sergeant-at-Arms will close the doors. A prayer will be offered by Representative Rena Turner. Members and visitors in the gallery please stand; please remain standing for the Pledge of Allegiance. [SPEAKER CHANGES] May we pray? Our dear heavenly father. We thank you and we pray to you for another day of life. We ask for your wisdom and guidance and discernment as we approach this day, that we might be a witness for your power and your love. Forgive us and help us to show your love to others as you have loved us. Thank you for allowing us to do the business of our state here at such a time as this. For you alone are the source and sustainer of all we have and all we are. Mold us into your likeness. Give us your strength to do your will. For it is in Jesus name I pray. Amen. [SPEAKER CHANGES] I pledge allegiance to the flag of the United States America, to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [SPEAKER CHANGES] Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, the journal for July 25, 2013 has been examined and found to be correct. I move its approval is read. [SPEAKER CHANGES] Representative Moore? [SPEAKER CHANGES[ It only seems like yesterday. [SPEAKER CHANGES] Moves that the journal for July 25 be approved as written. All in favor say aye. All opposed no. The aye's have it. The journal is approved as written. Petitions, memorials and papers addressed to ?? Chapter bills be noted. Representative Hollo is recognized as the doctor of the day, the nurse of the day. [SPEAKER CHANGES] Senate bill 473. The clerk will read. [SPEAKER CHANGES] House committee substitute number two for Senate bill 473. A bill we've been trying to enact to amend the provisions of the House bill 834 related to health care cost reduction and transparency and fair health care billing and collections practices. And to allow the Speaker of the House of Representatives and Pro Tempore of the Senate as agencies of the state to jointly intervene on behalf of the General Assembly and any judicial proceeding challenging a North Carolina... [SPEAKER CHANGES] Will the clerk yield? Ladies and gentlemen, we're going to displace this and move back to 380. The chair apologizes. Senate bill 380. The clerk will read. [SPEAKER CHANGES] House committee substitute for Senate bill 380. A bill to be entitled "An act to create the Charlotte Douglas National Airport commission under the city of Charlotte." General Assembly of North Carolina enact... [SPEAKER CHANGES] Representative Kearney is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. [SPEAKER CHANGES] The House will come to order. [SPEAKER CHANGES] Good morning ladies and gentleman. I've had the time to cool my jets and now it's time to rev them up again. Thank you for the little interlude. I just want to remind you again that his bill does not need to be here. There is no rhyme or reason for it to be here. Our city has not had the chance to view it as a complete council with our mayor and our managers and our lawyers. This is one councilmen talking with a couple of the members up here. And a new bill will appear this morning in the roles committee. Appeared on...

...my computer and my colleague's computer at 9:30. That is no way to do business for the state of North Carolina. That is no way for us to treat local governments. We've already done it to them, to the city, last week. Why turn around and add insult to injury because you can. No need to do that. No need to keep the lingering uncertainty over the community. No need to take a purported compromise, and that's a quote from the city, and turn it into a product that was not a product of negotiations with the city. You can say we talked to the city if you talk to one councilman? No. Not when you're doing legislation of this magnitude. Not with the implications that it has. And certainly not, when we still have in question with this new bill. Our Constitution says that we cannot write laws for one citizen. And that's what this bill does. It's for one citizen to get his job back. Again, this bill has no business being before us. The question of whether the governance of the airport in Charlotte should change or not has never been debated. It's just been deemed. And here we are at the eleventh hour, about to shut down government tomorrow, and you have no recourse. Please don't do this. I know you're going to vote for it. We don't...it's just pointless for us to stand here and beat our chest over this. You're going to move forward. And with all the legalities that are still surrounding this, that numerous attorneys have said there are still questions, we'll probably be right back here again. I ask you to vote no. [SPEAKER CHANGES] Representative Alexander, please state your purpose. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. I'll be very brief. We've talked about this around and around. I just do want to point out that up to this point we really have not had opportunity to either debate or to research the merits of a purported authority versus continued city control as a department or some other form of appropriate governance. Now I know that in our long days it becomes a spectator sport for members to watch large metropolitan delegations tear themselves apart as one group of legislators from county X argues against another group from the same county and how people from various parts of these counties purport to represent the people. Well, we do know from survey data that the people in Mecklenberg County are not clamoring for change. They're quite satisfied with an airport that is managed in the traditional manner by the city. As Representative Carney has pointed out, we really don't know what the genesis of this change is. We just know that it's here, and we just know that it's moving forward. The last thing that I want to leave you with as you enjoy the delegates from Mecklenberg County having at each other at discussing policy, especially those of you from Guilford, those you from Asheville, those of you from Durham, those of you from Wake, where you have from time to time in the last six months experienced some variation of the same problem, tonight it is us. Tonight, Mecklenberg is going to feel the power of the majority as it exercises its will. Well, it's us tonight. It's going to be one of you next week. [AUDIO ENDS]

Six months from now, sooner or later they gone come for you. It might not be your airport. It might not be your water system. It might not be directing you to hire Joe Schmo. It might not be a directive for you to use your tax dollars to extend your water and sewage system all the way out to ?? and wait 20 years or mare to get money back. It'll be something else. And then I'll have luxury of sitting down in this chair and watching you twist slowly in the wind chair as the majority exercises its will. I'm going to vote red tonight I hope some of you will join with me. [SPEAKER CHANGES] Representative Blazer please state your purpose. [SPEAKER CHANGES] Mr. Speaker to debate the bill. [SPEAKER CHANGES] The gentlemen is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker and I'm not going to engage on the merits of the dispute. I don't know enough to do that. But I am going to engage on three points of law. First, you can repeal and this body has, legislation but we can't repeal a lawsuit and they are independent of each other. Second I've read the temporary restraining order and if the act that we pass today we just dealing with the first ?? of the TRO I agree with the majority that their bound together. But there is a second third and fourth ?? of the TRO which are absolutely fundamentally unrelated to the act that was passed and enjoin particular actions by the state and I am very sure that this state will now be subject to contempt of court for a violation of that order should this bill that we pass be enforced or try to be enforced. If there is not a resolution by parties in Charlotte. And third practice law as an employment and labor lawyer for fifteen years and if the majority can show me any case or any bill that has every been passed by this general assembly that ordered the hiring of by a municipal and local government of a particular employee that meets constitutional specifications I would like to know it. What possible authority we have to order a municipality to hire a specific employee, none I suspect, and what authority says we can't I suspect and I fear in the next round of litigation we will find out but I believe multiple provisions of the constitution bar it and I am sad that we have added that into the bill for whatever your view is the Charlotte dispute. And for all the legal reasons that I believe this opens up enormous constitutional challenges, opens up the tax payers to a fine and being held in contempt of court and because this is just wrong as a matter of law on so many levels I will be voting no. [SPEAKER CHANGES] The question before the house is to pass this to the house committee substitute to senate bill 480 on its third reading all in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will out machine will record the vote. 67 have voted the affirmative and 40 in the negative the house committee substitute senate bill 380 has passed its third reading. Will be sent to the Senate by special message. Senate bill 473 the clerk will read. [SPEAKER CHANGES] House committee substitute number two for senate bill 473. The bill will be implying an act in the ?? of the house bill 834 related to health care costs reduction and transparency ?? in the joint Carolinian act. [SPEAKER CHANGES] Representative Stam please state your purpose. [SPEAKER CHANGES] To offer and amendment but I don't see it on the dashboard there. [SPEAKER CHANGES] I think the members will be at ease I think the clerk is adding it to the dashboard. The clerk will read. [SPEAKER CHANGES] Representative Stam moves to end a bill on page two by adding the following for the period.

The gentleman is recognized to debate the amendment. [Speaker changes] Lets speak to the members of house during the debate on second reading representative of ?? asked me some good questions I actually learned during the overnight in consultation with the representative of hall of ?? we prepared an amendment that just makes explicit what I stated on the floor that the procedure for this is at least in state court is governed by rule 24 of rule the ?? procedure. [Speaker changes] Actually adopt the amendment then pass the bill on 3rd grading. [Speaker changes] Rep of glaciers please state your purpose to speak briefly. [Speaker changes] Ladies and gentlemen Is recognized to debate the amendment. [Speaker changes] Thank you Mr. Speaker thank you representative of Senate my word occurred ?? yes on the amendment I still oppose the bill, the provision of the bill I do believe it makes a better clear and does with our disc on floor and appreciates represents ?? doing. [Speaker changes] Further discussion further debate on the amendment? The put a question before the house to pass amendment for by representative of ?? for the house committee serves to ?? number two Senate go for 73 on favorable vote I oppose ?? [Speaker changes] ?? machine recurred the vote We have seen 105 having voted in affirmative known and they are getting their amendment passed just for on the back on the ?? amended. Further discussed and further debated? [Speaker changes] The question before the house is to pass to the house committee serves the substitute number 2 this time the bill number 73 is to be amended on its 3rd grading. All on favor vote Aye all opposed vote No ?? in the vote [Speaker changes] 71 having voted in affirmative 36 of them in negative The house committee serves to number two this time it will go for 73 as to amended to passed the 3rd grading the bill be sent to the Senate. [Speaker changes] Pass your message. [Speaker changes]?? [Speaker changes] Rep please take your purpose [Speaker changes]?? After looking at the text ?? in my understand with to get him to work with representative Hurley over the ??. [Speaker changes] They before rep of ?? will gonna have to ?? the fact that the amendment was written by Jerry Collman [Speaker changes] And J Collin is still in the house, Jay welcome [Speaker changes] Ladies and gentlemen this completes this account for this evening, The Chair appreciates the consistent performance by all the members of this house that we had debate today that took people to various places emotionally appreciated and the ?? here and the respect for the institution. There have been some members that were wanting us to push through and get everything done this evening but honestly we have at this late hour even some of the simplest bills to go very long and I think that we probably will find out tomorrow we will most likely go two hours or more so I think in the opinion of the Chair I would like all of you to rest and come back at nine and hopefully be up by eleven or eleven thirty tomorrow morning. [Speaker changes] Now this is an announcement. [Speaker changes] Rep of ?? please take your purpose [Speaker changes] Thank you Mr. Speaker, announcement. [Speaker changes] The gentleman is recognized for an announcement. [Speaker changes] Democratic ?? will meet at 8 am 8 in the morning. 8 o’clock [Speaker changes] Further notices and announcements. [Speaker changes] Ladies and gentlemen the house we are going in a recess. [Speaker changes] We will recess subject to ratification of bills and resolutions to see the messages from the Senate committee reports, conference reports way before our bills and resolutions. [Speaker changes] Appointment of conferees and modifications to the counter the house is in recess till 9 am.