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House | February 27, 2013 | Chamber | Session

Full MP3 Audio File

Representative Hager is recognized to send forth comity report. The clerk will read. [SPEAKER CHANGES]. Public utilities and energy comities representative Hager chair. House bill 119 natural gas rate adjustment mechanism favorable. [SPEAKER CHANGES]. Ladies and gentleman the chair is happy to extend the courtesy of the floor to a very dear friend to many. And former representative Caroline Justine. Caroline welcome back. Introduction of bills and resolution the clerk will read. [SPEAKER CHANGES]. Representative Hastings, Baskerville, Goodman, Schaffer. House bill 149. Kaylil's law report missing children. [SPEAKER CHANGES]. Judiciary sub comity being. [SPEAKER CHANGES]. Representative Dockham, Brody and Jordan house bill 150. zoning design in acidic controls. [SPEAKER CHANGES]. count or regulatory reform. [SPEAKER CHANGES]. Representative piers house bill 151. root out poverty task force funds appropriations. [SPEAKER CHANGES]. Representative Luebke, Holley, and Queen. House bill 152. extend sunset for earn income tax credit. [SPEAKER CHANGES]. Finance, favorable appropriation, favorable comers and job development. Favorable government, favorable rules. Counter operation to the house. [SPEAKER CHANGES]. Representative Cleveland, and r brown. House bill 153. establish general government over site comity. [SPEAKER CHANGES]. Government in favorable regulatory reform. [SPEAKER CHANGES]. Representative Wilkins, and Hurley. House bill 154. home birth freedom act. [SPEAKER CHANGES]. Health and human services, favorable finance. [SPEAKER CHANGES]. Representative Wilkins, and Hurley. House bill 155. decriminalize direct entry midwifery. [SPEAKER CHANGES]. House and human services in favorable Judiciary sub comity b. [SPEAKER CHANGES]. representative Stam , l hall Glazier and harvester. House bill 156. honest lottery act. [SPEAKER CHANGES]. Judiciary sub comity B in favorable education and favorable appropriations. [SPEAKER CHANGES]. Representative Gill, B Brown, Dobson and Szoka. House bill 157. limit usage of high way bond credit ballots. [SPEAKER CHANGES]. Transportation in favorable appropriations. especial massage from the senate the clerk will read. [SPEAKER CHANGES]. Especial massage form senate. The Mr. speak is order that the house of representatives. With information that the senate dubs the reporter on senate bill 184. a bill entitle and act to clarify states and get ?? state run partnership heath benefit exchange. To provide future Medicare eligibility compensation. Will be made by the state rather federally facilitated exchange. And to reject affordable care acts optional Medicare expansion. When the appropriate action has been taken by both chambers. The bill will be ordered in role. Respectfully Sara Lane principal clerk. [SPEAKER CHANGES]. Noted. [SPEAKER CHANGES]. Senate bill 36, bill entitle an act to make several technical. Clarifying and conforming changes to the administrative procedure act. As recommend by joint recommended procedure oversight comity. [SPEAKER CHANGES]. Judiciary sub comity eight. [SPEAKER CHANGES]. Senate bill 72. a bill entitle and act to amend universal commercial code article 4a funds transfers to continue ?? of article to ?? transfers that are not electronic funds transfers. Is recommended by the general statues commission. [SPEAKER CHANGES]. Judiciary sub comity A. [SPEAKER CHANGES]. ladies and gentleman of the house pursuant the house resolution 80 the first item on the calendar to day will be the UNC board of governors vacancy elections. This is the vacancy that was created when ambassador Dos was appointed to heath and human services secretary. Ballots will be passed out. Terms of the rules is set forth by the statues. Before the voting begins, is my obligation to explain the following rules.

The house will come to order. No nomination shall be received from before. In order to be elected a nominee must receive the votes of a majority of all members present and voting. Each member present and voting shall vote for one nominee and any ballot not so marked shall be deemed void. If there is a tie for a vacant position between the two nominees, a run-off to fill a vacant position shall be conducted until a nominee recieves the votes of a majority of all members present and voting. Ballots are being passed out. Ladies and Gentleman as you're completing the Chair would like to extend a welcome to the gallery of a group of students from my neck of the woods around Lake Norman. The elementary students from Lincoln Charter School. We welcome you today. Your teachers and your chaperones please stand and let us welcome you. Ladies and Gentleman of the House, I believe we have one name on the ballot so I feel comfortable in trusting Representative Moore to lead the effort to count the ballots. The tellers will be Representative Moore, temp Moore, Representative Dollar, and Representative Hamilton. Ladies and Gentleman of the House, upon motion of Representative John Szoka from Cumberland County, the Chair is happy to exten the courtesies of the gallery to the following active community group in the 45th district. Janice Gantalou, Donna Davis, D. Davis, Catherine Earl, Patty Fru, Judy Deniser, Virgina Kidd, Grace Mcgrath, Stardell Franklin, and Linda Towsen. Please stand and let us welcome you. The pages or sergeant in arms please pick up all ballots. Ladies and Gentleman of the House, just to use our time as we have it, the Chair has determined that we will have session at 1:00 p.m. tomorrow. And it will be a session that we anticipate votes. Are there any members? The House will come to order. Are there any members who have not turned in their ballots. ?? ?? the count will begin. The House be at ease. [speaker changes] Mr. Speaker. [speaker changes] Representative Floyd, please state your purpose. [speaker changes] Inquiry of the Chair. [speaker changes] The gentleman is recognized to state his inquiry. [speaker changes] Was it necessary to circle the only name or just sign it and send it forward. [speaker changes] Will the gentleman please restate. [speaker changes] Was it necessary on the one name, was it necessary for us to sign it or just I mean circle the name. [speaker changes] Representative Floyd, the chair examined the possibility whether we can take a voice vote. There are rules that prevent us from doing that and now that we have that we need to make certain that the ballots that were cast were correct. Hopefully, there was only, they were filled out properly, but we have to in fact confirm that they were filled out correct as per the rules. It should be brief however. [speaker changes] ?? [speaker changes] Hold please. I now understand your question. If the gentleman will yield. The Chair would invite any member to weigh into this. The Chair is going to assume, since there was only one choice on the ballot, if the member signed the ballot that we will consider that an implied vote for the person on [speaker changes]

?? Thank you, Mr. Chair. [SPEAKER CHANGE] The House will come to order. Representative Moore is recognized for a motion. [SPEAKER CHANGE] Mr. Speaker, the committee having counted the votes, James L. Holmes, Jr., receiving 113 votes in favor of his election to the UNC Board of Governors, I move that his election be approved by the full House of Representatives. [SPEAKER CHANGE] Members, just as a point of information 94 of them were signed and the candidate was circled, 19 were not. As stated earlier the chair assumes that the member just simply assumes since there was one choice there was no need to circle it so we are assuming that is a valid vote for the candidate for a total of 113. The question before the House is the confirmation of the Board of Governors Election. All those in favor will vote aye, opposed will vote no. The Clerk will open the vote. The Clerk will let the machine record the vote. 113 having voted in the affirmative and none in the negative, the motion passes. This has to be read a third time, this will be a voice vote. The question before the House is the confirmation of the Board of Governors Election. All those in favor will say aye. [SPEAKER CHANGE] Aye [SPEAKER CHANGE] All opposed say no. The ayes have it. The Board of Governors election has been confirmed and will be sent to the Senate. Ladies and Gentleman of the House, on behalf of all the members and on me personally, I would like to extend the courtesies of the gallery to our most newly elected member of the Board of Governors, Mr. Jim Holmes, please stand and let us welcome you. We are now back to the calendar, House Joint Resolution 113. The Clerk will read [SPEAKER CHANGE] House Joint Resolution 113, A Joint Resolution honoring the North Carolinians African Revolutionary War Patriots and supporting the proposed national liberty memorial, the House resolves the Senate concurring. [SPEAKER CHANGE] Representative Gill is recognized to debate the resolution. [SPEAKER CHANGE] Thank you, Mr. Speaker. Could I ask the Clerk to read its entirety except for Section 1? [SPEAKER CHANGE] The Clerk will read. [SPEAKER CHANGE] Whereas from 1775 to 1783 an estimated 5,000 to 10,000 slaves and free persons served as soldiers, marines and patriots or provided civilian assistance during the Revolutionary War and Whereas more than 250 African Americans from 41 of 100 counties in North Carolina and 11 of the state's 13 congressional districts served in the Revolutionary War and Whereas John Ellis and Curry Tan were two of the African Americans from North Carolina that participated in our nation's struggle for independence from Great Britian and whereas on April 27, 1776, John Ellis enlisted as a private in the 10th regiment in the North Carolina continental line and during his 2 1/2 year enlistment spent a year guarding the North Carolina Legislature while it met in the town of Hillsboro and whereas in August 1, 1782, Curry Tan who was born to a free person of color enlisted as a private in Capt Hadley's company of the 10th regiment of North Carolina Continental Line and served for about 18 months and whereas in 1984 Congress enacted public law 98245 honoring the contributions of African Americans who served during the American Revolution and whereas in 1986 Congress authorized the Black Revolutionary War Patriots Memorial Foundation to establish the Black Revolutionary War Memorial to honor the 5,000 courageous

slaves and free black persons who served as soldiers or provided civilian assistance during the American revolution. And whereas, in 1987 Congress enacted public law 100-265 authorizing the placement of the memorial in the ?? area of Washington DC. And whereas, in 1988 the national park service, the commission of fine arts, and the national capital planning commission approved a site in constitution gardens for the black revolutionary war patriots memorial and in 1996 approved the final design. However, the memorial was not constructed and the authority to do so lapsed. And whereas, over the years, members of congress have continued to introduce legislation supporting the memorial. Former senator Elizabeth Dole co-sponsored a bill in 2007. And whereas, in 2012 the national defense authorization act for fiscal year 2013 was signed into law with an amendment authorizing the national mall liberty fund DC to build a memorial honoring the African American revolutionary war participants. And whereas, the efforts to build a memorial had generated interest in genealogical research resulting in the publication of hundreds of books over more than two decades reaffirming the significant contributions made by African Americans in the post colonial period. And whereas, the 2008 publication entitled Forgotten Patriots, African American and American Indian Patriots in the revolutionary war, contained the most extensive list published so far of African Americans in the revolutionary war. Now therefore, may it be resolved by the house of representatives, the senate concurring, section 1, the general assembly honors the memory of the following 250 African American soldiers and patriots from North Carolina who participated in the revolutionary war. Section 2. The general assembly applauds the national mall fund DC, the members of congress and many citizens and volunteers who have worked over the years to establish the African American Revolutionary war memorial. Section 3. The general assembly encourages volunteers to discover the names of still unknown African American revolutionary war soldiers, sailors, and patriots. In large, the body of knowledge about their lives and forward the information to the national mall liberty fund DC for inclusion in a database that will celebrate these unknown heroes. Section 4. The secretary of state shall transmit certified copies of this resolution to the governor of North Carolina, local superintendents of schools, librarians, and historical societies. Section 5. This resolution is effective upon ratification. [SPEAKER CHANGES] The lady has the floor to debate the resolution. [SPEAKER CHANGES] Thank you mister speaker and members of the general assembly. Most of you are aware of the fact that this month is black history month. And it's quite an honor for me to ask you to support this resolution honoring African American slaves and free persons from North Carolina who fought for independence, liberty, and justice for all during the American revolution. Thousands of slaves, African Americans, sought freedom generations before the modern civil rights movement that we know of. As was read in the resolution, from 1775 to 1783, an estimated 5,000 to 10,000 African American slaves and free persons fought or provided other assistance to the American war effort. I am going to share with you a little bit about the composition of the 250 African Americans who have been identified. Five percent of the 5,000 African Americans who were a part of the revolution fought from North Carolina. 210 are connected to 41 counties and 12 congressional districts in this state. 109 were known with known residence are tied to 17 counties in the first congressional district. 101 are tied to the 27

...counties in the second, tenth, twelfth and thirteenth congressional district. Of those counties, the total number of recognized or identified African-American are 30 from Halifax County, 23 from North Hampton County, 18 from Granville County, and 13 from Franklin County. But those of you that do not have a copy of the resolution, you would see that there are 250 identified African-American soldiers from North Carolina, and they are listed by name, or at least identified associated with their slave master. Today I’m encouraging the North Carolina General Assembly to approve this resolution honoring the history and voice support for the National Liberty Memorial. Thank you, I commend this resolution to you. [SPEAKER CHANGES] Representative Dollar, please state your purpose. [SPEAKER CHANGES] To speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] I rise to speak on this because I’ve had occasion to study the Battle of Yorktown quite a bit over the years as sort of an amateur historian. That is an amazing battle, as you know, the culminating battle of the Revolution. The role of African-Americans in that battle is rather extraordinary. Most people are familiar with John Armistead, who later because John Armistead Lafayette who was actually a double agent. He worked for Lafayette in Washington’s spy ring. He was probably one of the most successful double agents in American spy history, really. If you go to the spy museum in DC sometime, you’ll see an accounting of his rather remarkable work. In addition to that, there were African-American troops who were working on deepening and extending the trenches in October, well September and October of 1781 when the British made an attempt to break out of Yorktown by land. Those African-Americans held off British regiments for quite some time. Hand to hand combat and at the time they were mainly equipped with shovels and hoes until American reinforcements could come to the scene and seal the breach and that basically sealed the fate of the British in Yorktown since they could not escape to the sea. Another occasion was really the final death knell of the battle when redoubts number nine and ten needed to be taken. The French were assigned redoubt number nine, the Americans were assigned number ten. In that, troops from the Rhode Island regiments, I believe the Rhode Island First, were actually hand selected by Benjamin Lincoln and under the command of Alexander Hamilton. They went in with just cold steel at night and they outperformed the French so the Americans were very happy about that along with Lafayette. They performed just tremendously in the lead forces in taking that redoubt number ten which closed the gap and sealed Cornwallis's fate. It was actually very shortly after that, a matter of a couple of days before the surrender actually took place. And the other things I would mention is, I think there are some historians now that believe that because of the roles were done, and maybe up to 20% of Washington’s force at Yorktown was actually African-American. Some of the numbers over the years have been underestimated, but clearly they did a tremendous job in terms of helping win that battle and win freedom for all of us. [SPEAKER CHANGES] Representative Horn, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker. I couldn’t let another opportunity pass to quote Winston Churchill. When once asked by a young American standing outside number ten, Mr. Churchill, what is the secret to your success, he responded with “Study history, for in it lie all the secrets of statecraft.” It is history truly which we are celebrating here today and the suggestion of the monument in Washington DC. Washington DC, our nation’s capital, is a city of monuments. This particular monument which is being paid for by private funds.

those of us who would support these as monuments come together, we're not asking the government to give us anything but permission. Give us opportunity that great issue that really dominates the American landscape is opportunity. So I urge my fellow members of the House to support this bill and to honor its intent that we study history. Thank you very much. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House joint resolution 113 on its second reading. All those in favor vote "aye", all opposed vote "no", the clerk will open the vote. The clerk will lock the machine and record the vote. 116 having voted in the affirmative and none in the negative, House joint resolution has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] House resolves, the Senate concurring. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House joint resolution 113 on its third reading. All in favor say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no". The "aye"s have it. House joint resolution has passed its third reading and will be sent to the Senate by special messenger. Ladies and gentlemen of the House, the chair is once again happy to extend the courtesies of the gallery to another group of elementary students, parents, and teachers from Easton Elementary in Winston-Salem, I think you're already standing most of you, the rest of you stand up and let us welcome you. Ladies and gentlemen of the House, tomorrow we will have session at 1. There's at least one bill that will be added to the calendar, I believe that's Senate bill 10. It will be on the calendar tomorrow, the chair asks that any materials that should already be available on the web, but any materials related to committee summary or the bill that came out of committee be available before the end of the day today. Notices and announcements. Rep. Starnes, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] The Republicans will caucus 15 minutes after session, we'll just say 3:00 in the auditorium. [SPEAKER CHANGES] Ladies and gentlemen of the House, an announcement from the Chair. We will, I have duly authorized an additional caucus, the North Carolina legislative prayer caucus. The leadership will be Rep. Burt Jones and Sen. Norm Sanderson. Rep. Stone, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The committee on government will not meet tomorrow. [SPEAKER CHANGES] Rep. Larry Hall, please state your purpose. [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker. The Democratic caucus will meet immediately after session in our caucus room, and our later meeting this evening, dinner meeting, will go on as scheduled. [SPEAKER CHANGES] Rep. Jones please state your purpose. [SPEAKER CHANGES] For a moment of personal privilege. [SPEAKER CHANGES] The House will come to order. The gentleman is recognized for a point of personal privilege. [SPEAKER CHANGES] Thank you Mr. Speaker. Mr. Speaker, I'd just like to take the opportunity to thank you sir, for the formal recognition of the legislative prayer caucus. Many of you are probably aware that just about the end of the 2011 session we had a group of at least 36 Representatives and Senators that met with many many hundreds of citizens across North Carolina out on the State Capitol grounds and basically signed a resolution saying that we wanted to follow in the pattern of the Congressional prayer caucus, which I'm sure many of you are familiar with that was established back in 2005. And I'm not gonna go into a lot of details, there'll be more forthcoming about we'll be meeting. I'll invite anyone that would be interested to join. But I did just want to celebrate the moment, and again Mr. Speaker, we're very pleased that North Carolina was indeed one of the first states in the country to want to establish this legislative prayer caucus, and now we are formally recognized as a caucus. Thank you sir. [SPEAKER CHANGES] Rep. Jeter please state your purpose. [SPEAKER CHANGES] Point of personal privilege Mr. Speaker? [SPEAKER CHANGES] The gentleman is recognized

personal privilege i would like to express my heartfelt sadness for representative Ramsey for the lose of his mother in law earlier today he was an asset to the freshman class and i think that he deserves as much consideration and thoughtful prayer from are college today as possible further notices and announcements Representative Moore is recognized Mr speaker that subject to the conference and committee reports and referral to bills and resolutions and the messages from the senate now be adjourn to reconvene on Thursday Feb 28th 2013 at 1pm representative Moore moves to the subject to the receipt and committee reports that the house 2nded by representative jay tor and referral of bills that the house now re adjourn to reconvene on Thursday Feb 28th 2013 at 1pm all in favor say i all oppose no the I's have it the house stands adjourn