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House | May 13, 2013 | Committee Room | Regulation

Full MP3 Audio File

But if the formerly a House Committee on record for reform this is the full committee of members could take their places and visitors and guess if you could retire to the back and rumor to the shares on the southern back to recognize our source in the march today lucky enough to be the first in the wake of the tame the freight lines ready sales dawn Brandon and Mike Leavitt freshman walk in the crossover week missile be a memorable experience for all of your guarantee of a first look today is to be presented by Britain that Chris no list is also member committee are some else are you ready the PCs for some of Wells visit the PCs to before slaughter say I (SPEAKER CHANGES) all POS motion passes some parts of the bills to four jurors because Charlie ways to move to many operas in this bill last week in committee and we are a lot of fun, with a few seconds for fun at nothing further to say the suns dissolution of the PCs before you are the only thing that alters is to provide a more got its specifically the fact that when you set a working group was established on board to all the surrounding them decide by June 1 order of schools of fast track permitting process and will be loose to be done so, with the current state of water quality standards of pursuant to the original statue stairs and winds 14 and 15 and 16 have been added to the bill into that same language support has also demanded compensation two on Omaha Beach to with alliance 2 to 4 on his chair in which one works in the Aleutian Libyans of plagiarism else any questions from members of the committee are some bright as the motion one of 520(SPEAKER CHANGES) questions from the committee that somebody you recognized again into motion 2424 on the committee substituted an unfair won the original emotion is properly the four servers and wood blocks and abetting this city of Agoura Federal Court to be a most of the substitute the house bill for ad on fire bolt original bill on favor say I will oppose this past week or so no snakes love this house bill 774 like to recognize that some devotes upgrading their PCs are some Conrad visit the PCs people for the committee author say I hope those motion passes for 294 jurors up because chairman, this is a bill that deals live on the a building codes and in your back and I understand is a an article on the appeared Wall Street Journal on about the situation that gives rise to this mail on the wars among us know that the poll found that fax you rush to bad law and 1:00 AM trying to do is avoid of my dad had faxed them all to become emblematic of law on and what this bill basically Dawes is exams remove camps and from the farm buildings from building code on Representative George E district and Jordan’s bill because my camp background on running four lead on basically all there are a number of all summer camps on baton and farms that home operator as if they were in the 1830s and this camp has no electricity from the fact that Japanese cement and so how do you bill from buildings are here are supposed to be about one bowl outweighing your children and young adults to come and see what was like to live in this sort ascending or to raise your own food work in your own food on and comply with the building from the summer camp specifically year was in operation for 26 years and apparently all this on the county and that was there and they came in and shut down and on represent Jordan I were out there are 10 days ago on it's a fun place on these kids had a great time doing out on her range of blacksmith and other on the skills that made them somewhat lost over ??......

and so again, what this bill is about, is simply exempting primitive camps and primitive farm buildings from the building code. And I'm not trying to do any more than that. Mr. Chairman, I don't have the PCS in front of me. If I could get us a copy... [SPEAKER CHANGES] Mr. Chair, if I may make an inquiry? ?? [SPEAKER CHANGES] Rep. Avila? Yes. [SPEAKER CHANGES] I have 2 PCS's? [SPEAKER CHANGES] I just believe we're being very efficient. Or not very efficient. [SPEAKER CHANGES] This is not the PCS. The PCS that I've got has an effective date of immediately, as opposed to July 1st. So if you've got 2 PCSs... [SPEAKER CHANGES] The committee will suspend for a moment. [SPEAKER CHANGES] That's how you can tell the difference. [SPEAKER CHANGES] ?? [SPEAKER CHANGES] That's it? [SPEAKER CHANGES] Members, you should have the new PCS before you- the- what is- the difference between the two is one has an effective date which is immediate, that would be the PCS that McGrady will be working from. [SPEAKER CHANGES] This shows version 3, Mr. Chairman. [SPEAKER CHANGES] Thank you Rep. McGrady. The floor is yours. [SPEAKER CHANGES] I'm gonna stop right there and see if people have questions. [SPEAKER CHANGES] Rep. Shepard? [SPEAKER CHANGES] Yes sir Mr. Chair. I just have a comment, Rep. McGrady, I certainly support this. A few years ago I went with a youth group, a high school youth group, to West Virginia whitewater rafting, and we stayed in some of these primitive camps and it was quite an eye opener for me, especially for an old man like me to have to take blood pressure pills at night and had to trek about a mile down the mountain to the restrooms, but anyway I certainly support this, and I think it's great for everyone to have an opportunity to stay in some of these primitive camps and to see what it was like during those days and times. Thank you. [SPEAKER CHANGES] Rep. Ross. [SPEAKER CHANGES] Thank you Mr. Chairman, and I too think this is a good bill. I just though want to protect the owners of the camp, and is there any- could you tell me how liability is dealt with? Because if a kid gets hurt on something that isn't something that wouldn't have been up to code, is there- what happens? I mean with greenhouses and farms where it's more adults, there's maybe a little less concern about it, but I just wanna make sure that there's- people don't think that just because now they're not inspected by the building code that then they don't have any responsibility to the campers. [SPEAKER CHANGES] Rep. McGrady? [SPEAKER CHANGES] Great question. The first thing that a camp director does is on the application get the parents to clearly understand what type of camp they're going to, and provide a waiver with respect to- they can't send their son or daughter to this camp and expect the same standards they might have if they were going to a more developed camp. And so that's the first tool that a camp director puts into place. The second one frankly is insurance. And the expectation would be that a jury would, if there was a question of negligence, would have to take into effect- account that in fact here, the parents are making a decision to send their son or daughter to this camp, or to attend themselves, and they need to understand that they're going to a camp that tries to replicate things in 1830, and they don't have some of the same protections they otherwise would have. [SPEAKER CHANGES] May I follow up, Mr. Chair? [SPEAKER CHANGES] Well I think that that's all great, and I don't want to slow the bill down so I'm not going to say that we have to do something about this in the committee, but I just think it might be good to put something in the law, particularly because this deals with children, saying that anybody who owns one of these camps needs to have liability insurance. Or something just to be very direct about it, so that people don't feel like they're completely allowed to operate free outside of the constraints that they'd be operating under now. And that can be on the Senate side or somewhere, but I just- a friendly recommendation. [SPEAKER CHANGES] Noted. Rep. Richardson? [SPEAKER CHANGES] If you could

Please use your microphone. [SPEAKER CHANGES] On the PCS down at the bottom effective date, I know that’s just a typo I think. This act will become, when it becomes law, effective should be in there correct? [SPEAKER CHANGES] I believe it is, line 36 on page 2, this act is effective. [SPEAKER CHANGES] I was looking at the bill summary. Thank you. [SPEAKER CHANGES] Representative Presnell. [SPEAKER CHANGES] I was just gonna say I wholeheartedly agree with this bill. [SPEAKER CHANGES] Representative Jones. [SPEAKER CHANGES] Mr. Chairman I think this is a good bill and I will be prepared to make a motion at the appropriate time. [SPEAKER CHANGES] Any additional questions for members of the committee? Seeing none, Representative Jones you're recognized. [SPEAKER CHANGES] Thank you Mr. Chairman. I move for favorable report for Opposed Committee Substitute Version 3 for House Bill 774 unfavorable to the original. [SPEAKER CHANGES] The motion being properly before us, all in favor say aye. All opposed. Motion passes. Thank you Representative McGrady. The Chair would like to recognize an additional Sergeant of Arms John Bay. Thank you for joining us this afternoon the last bill on today's agenda is House Bill 796. Representative Whitmire you're recognized present your Bill. [SPEAKER CHANGES] Thank you Mr. Chair. Thank you all for hearing the bill. 796 is somewhat of a unique bill and I will simply say it's the epitome of the one size truly does not fit all in our great state that has rural and urban issues where often times we assume when in reality you can find many niche and pockets of this great state where you have small counties whether it be geographically or in population that simply don’t fit what's on the books. In this case a columbarium, just so everybody knows what it is, is basically a structure that if one chooses to have their remains upon their death cremated it's a place instead of scattering their ashes to the winds they can be placed and commemorated with their name there. It's basically you could just consider it a tombstone, except it's basically a structure to where multiple people in their little placquered area would be commemorated. With this in the interest of the very jammed week I certainly welcome questions but we have endeavored for quite some time. The people who brought this to my attention have endeavored for over three years to find a means within the law and within the various provisions to seek out to build a columbarium in Polk County which has 21,000 people and is our third smallest county in this state and it simply is not there. They've reached out to various oversight agencies within the state, the Cemetery Commission in particular dating back to march 2011 trying to seek solutions and they simply have not been able to find them. I continue to work for the Cemetery Commission which may here at the very last minute have found an option and if they do find an option that can be corroborated, I will certainly endeavor to go that method instead of changing the law. But in the mean time with much due diligence in place this is merely crafted so as not to circumvent the free market. The free market has known of this need that 292 members of our greatest generation who now are in their 80s and 90s at a retirement community in Polk county have thought to solve. They're wanting to build a 3X10 structure so that those in their privately owned retirement community can let their cremated remains be commemorated with their name instead of simply being scattered amongst the trees and bushes in their area. So with that I ask that you support this and realize this is at the heart of, we've got some situations in our great state where one size truly does not fit all. It's merely crafted and no it does not run counter to the free market because it's an infinitesimal piece of the market share out there. The backers behind this are not gonna simply build this and let it become abandoned. Are there any questions? [SPEAKER CHANGES] Thank you Representative Whitmire. Before I take questions from members of the committee I would like to recognize someone who would like to speak in opposition of this bill. Mr. Lucious Pullen in the audience. If you could Mr. Pullman state your name and who you represent. [SPEAKER CHANGES] Can you hear me Mr. Chairman? I'm Lucious Pullmen, I

Been a North Carolina lawyer for 59 years and I've represented North Carolina Cemetery Association for 19 years. And I have talked with Chris Whitmire about what his constituents want to do and I've talked with several of them as far back as over a year ago. And they seem to want some free legal advice so I opened my book and gave them the names and addresses and phone numbers of lawyers in their county who would give them free advice like the county attorney and the city attorney. But what they are trying to do does not need to be in this law, it is an unnecessary law and Ive tried to explain that to Chris and I think we're making some headway here. The chairman of the North Carolina cemetery commission is a constituent of your first vice chairman, Hugh Blackwell, a good Harvard trained lawyer. And I told the chairman a long time ago that they could not under our law, which is a perpetual care state cemetery law, regulate a private columbarium like this. Nor can they regulate a family cemetery like my grandfathers family cemetery on a Nash county farm. So the chairman called and told us that they had no interest in trying to regulate what these people want to do. And here with me tonight is Bill Gaffney, stand up Bill. Bill is on our association legislative committee and he is also secretary and treasurer of the state cemetery commission. And he has told Chris that he will go over to the office tomorrow and get a letter from the North Carolina Cemetery Commission saying they don't need this bill and we will not try to - the cemetery commission will not try to regulate them. And if you want to hear from Mr. Gaffney who owns cemeteries and serves in several capacities. Are you okay with that? He'll bring a letter tomorrow to representative Whitmire telling these people they can do legally what they want to do. [SPEAKER CHANGES] Thank you Mr. Pulan [SP] At this point I'll open up questions to members of the committee, representative Elmore. [SPEAKER CHANGES] Just a motion at the appropriate time. [SPEAKER CHANGES] Okay, we'll suspend that. Representative Blackwell. None? Representative Lambeth. [SPEAKER CHANGES] This is my question Mr. Chairman and for the bill sponsors. So what harm does it do to have this in statute? [SPEAKER CHANGES] Representative Whitmire? [SPEAKER CHANGES] Representative Lambeth, to the best of my recollection with the due diligence that we put into this, one of the concerns that - I have the letter here that dates back to where the outreach to various oversight entities such as the cemetery commission. One of the things that they have dwelled on is the number of abandoned cemeteries. And when I say cemetery, whether it's an acreage plot, traditional caskets, mausoleums or columbariums, it all falls under that definition. The context of concern has been for abandoned cemeteries. Now keep in mind that when you got to the effort in such a nearly crafted provision to do this in the first place, you're investing money into a very significant purpose, and I really think that we're stretching to say that these columbariums are going to open the door to make a whole bunch of abandoned cemeteries, but that was what it was dwelt on. And it also gave reference in this letter back to what cemeteries require. and it requires 30 acres. We have a bill that's been filed that would increase various thresholds of bonding an acreage for commercial endeavors. But right now, what would this hurt? This would basically fulfill a hole in our law and give people who have a very vested purpose to be able to satisfy a need that has been vested. I don't think it hurts anything. Could it? Could you extrapolate? Sure but I don't think that's reality. [SPEAKER CHANGES] Representative Avila. [SPEAKER CHANGES] Thank you Mr. Chairman, if I could ask Mr. Pulan [SP] a question. [SPEAKER CHANGES] Yes Ma'am. [SPEAKER CHANGES] I just heard the presenter mention that they've been working on this for three years. And what you're offering is such a simple solution, why was it not arrived at sooner? [SPEAKER CHANGES] I guess I didn't talk to the chairman until he called me and asked my advice, which he has been doing for 19 years even before he was chairman. I told him that this is like a family cemetery, family cemeteries are not regulated in North Carolina. [SPEAKER CHANGES] Representative Insko.

But one wondering if we could just pull from define and columbarium with an attack us a family cemetery , that the ms Kings to: a question to school with the data which included among the different loan for this reason that wall is all about having a stroke and cemeteries within the trusts them regulated by the state of North Carolina and provide insurance to people that part of their purchase price will go into a trust fund to take care of the cemetery for a of the family farm and the private columbarium built on Friday, may well have no such assurance unless some of our way of chips sixth of the way they can go to the spear court clerk's office and put money in hand report card ?? (SPEAKERC HANGES) contrast, Newspapers Trust account for about an dad would be something desirable for them today but then they are not in the cemetery business and oracle and regulates: senator wallop actual cash senators they regulated so when of Lycos and we're appreciated not have their ball mall explaining the one in an article in the miss at level of San question I believe that this latest poll numbers and violent chairman questions to ?? (SPEAKER CHANGES) that's a question are put to the poll sponsored home if this is so necessary what's the harm the damage to their first project two of the bank as well we're on our mall bills with a petrol care of state regulated in the first seven years what they wanted to use a nonprofit OK and private senator so it really does not belong in the wall bearing all the first time since this ball regulates companies that are engaged in selling Burrell rights to the public they have promised as they do not plan to do that yet, but he'll get into the fourth as deputy, the state your name and down the year represented, until Gaffney, representing the North Carolina saint information on the status of this whole issue could be resolved quickly the product community college, community has not officially come before the North Carolina senator commission we have communicate with them off to a representative of isn't saying that we can work this thing out to deal that does not need the law changed but you can't have your columbarium and the money we have made several efforts to communicate with them have noticed that they have never officially, of asking for the so we haven't officially turned down a thing as secretary of the most awesome to commission on answer the phone one day she gave them the interpretation of a long way she's always like to know I can assure everyone on this committee on that the North Carolina cemetery commission is morning land for this community is private retirement community, Kalb. We would just preferred not to change a very good wall and effort to let him get within one that's all we're asking that this decade: (SPEAKER CHANGES) Mr. the following are some of the cell and fled from a third of the unregulated and some of the famine forms that : they could be built under existing law, Rossellini Harmon and the slaughter : arson rolling back in his chair out to a question for the bill's sponsor the PLO believe them that she can do this already which the brawling I've got some documents over that time frame that we have the first outreach was 30 March 2011 all of that any pool 2012 letter from the sanitary commission on and there's a tractor he recalled later years back and say this live in the context that question without said verging on ??.....

is simply this. The outreach has been there, I certainly know that there's a whole lot more buy in if all stakeholders have a means to make substantive input and are as close to happy as possible, and my moving forward and has been for several weeks, this was not done in a vacuum short notice by the way. Is if these speculative intentions statements can come to fruition where I have it clearly in front of me, I would ask that one, we move this on through this committee, and in the course of the House, if it's favorable there on to the Senate, I will continue to work with the subject matter expertise that is voiced, but also been quoted to the contrary in letters to see if we can find the solution. And I've done that in good faith, I'm not saying that I'm all-knowing and perfect, we know that better than to assume any of that. But do I believe them? I don't want to say that I disbelieve them, but I haven't gotten what I need yet, and that's where I'm at and why we're still up here in front of the committee. And thank you for your indulgence. [SPEAKER CHANGES] Rep. Speciale. [SPEAKER CHANGES] If I heard correctly, the secretary of the cemetery commission gave an erroneous explanation, an erroneous interpretation of the law a while back. So the purpose of this, and from what I can see, would be to ensure that that doesn't happen again. Because the bottom line is they called up and they asked can we do this, and she interpreted it as "no you can't", maybe someone else will interpret the law as "no you can't", so it makes sense to put this in so there's no erroneous interpretations. I recommend we pass this. [SPEAKER CHANGES] Rep. Lucas? [SPEAKER CHANGES] Thank you Mr. Chair. What I am hearing is there has been communication, although maybe some kind of mixed response inducement there with the cemetery commission. But what I'm also hearing is that the cemetery commission feels that this can be solved without law. Would that be your assumption, Rep. Whitmire? [SPEAKER CHANGES] Rep. Whitmire? [SPEAKER CHANGES] I think that's an accurate summary, and we're at the point based on crossover and all this, that all the due diligence that we've done, there's a point where we have to either stay or go. And I do not have enough information to say "Oh yeah, all's good", because the conflictions, and such as this letter that talk about minimum acreage requirements to do a traditional cemetery, when in reality, the pursuit is not a traditional cemetery, it's a columbarium run quite- the facts don't quite add up and I certainly don't want to say that someone has given me poor information, I always assume that people are giving me the best information they have . But at this point, your analysis there is correct. [SPEAKER CHANGES] Quick follow up. [SPEAKER CHANGES] Follow up?[SPEAKER CHANGES] Since I believe that we have all the parties in this room at this time, is there any reason that there can't be some kind of collaboration between the parties in this thing solve without a law? [SPEAKER CHANGES] Rep. Whitmire? [SPEAKER CHANGES] Sir I will simply say that we're continuing to do that. And maybe when things are brought to a crucible of it's before a committee, maybe that brings more players to the table with more information. And I will continue to work with them pending a favorable approval here, but to date, and it's not just been here and there, I have not received enough to make the assumption that we are good to go because the context of private vs. this, vs. that, it is somewhat of a stretch at this point to know this with confidence and reliability to know that we're good as is. I do not think we're good as is based on the facts presented today behind the scenes leading up to the day's committee hearing. [SPEAKER CHANGES] Rep. Ross. [SPEAKER CHANGES] Thank you Mr. Chairman. Well I get what's going on, this is basically leverage. But the bottom line s that some of the folks who have testified said that it wouldn't- you could be accommodated without changing the law completely. And the downside to changing the law in this part of the law is that certain protections wouldn't be afforded even to these folks. For example making sure that things were

taking care of in perpetuity. Whether or not it's leverage, it seems like they might get what they want today, but they may not get what they want in thirty years. We need to be thoughtful when we make the law because you're making people happy today but there may be problems down the road. It appears that there are probably the votes to move this but I would just ask that you think about what you're doing to the law and potentially to the people who want this today by exempting them from some of the protections that we have in our cemetery act. [speaker changes] Representative Horn. [speaker changes] Thank you, Mr Chairman. Question for the presenter. As I understand it, you've indicated that if we pass this onto the floor, is there a ?? referral Mr. Chairman? [speaker changes] There is not. [speaker changes] If we pass this on to the floor, but from the time we pass it and before we vote on in on the floor, you become satisfied that this is not - this is redundant, then you would ask that it be displaced from the floor 'cause my point here is passing a law for the sake of passing a law is not what we should be doing here. We've got plenty of laws. We need a whole lot fewer. I'm not encouraged to vote for passage of another law, however, in order to ensure that the goals intended are in fact achieved, I would like assurance that if you are satisfied, you will ask for the bill to be displaced before it goes to a vote on the floor. [speaker changes] Representative Whitmire. [speaker changes] Representative Horn, I couldn't have said it better. Thank you. Yes, we don't need any more unnecessary laws, if possible, than we've got now but with that, until we get reliability and confidence in that the alternative is not just a matter of we won't check on ya, which is not good enough for me. If we get a viable solution that is legally solid, and run through subject matter experts far more savvy in this field especially on the legal side than myself and many of us. Until we get that, I have to continue to pursue. But, if we get a solution, absolutely. That would make this pursuit unnecessary and it would be handle d without further pursuit. [speaker changes] Representative Avila. [speaker changes] Thank you Mr. Chairman. Just a comment that Representative Whitmire is up against a lot of the same thing that I have been up against and some of you have been when you want to get a piece of law passed and that is nobody will come to the table till you're standing up in front of a committee or you've got something in writing and it forces them to and for my input, I would second the recommendation that we continue to carry forward and if we can reach an agreement before the governor has to sign it, so much better. [speaker changes] Representative Shepard [speaker changes] Thank you Mr. Chair for the bill's sponsor. Representative Whitmire, how long have you been working on this for your constituents? My question has to do with the time frame that you've been working on it and now, there seems to be people willing to work with you all of a sudden now that it's on the committee floor. [speaker changes] Representative Whitmire. [speaker changes] Sir, I personally, dates back to January. As far as the chronology here, my predecessor and her predecessor were involved with this too. [speaker changes] Representative Brisson. [speaker changes] Thank you, Mr. Chair. I don't know why the - just trying to understand why the cemetery commission ?? could be worked out. I don't know why we can't take em at their word instead of using a bill to force them. That's not good business, I don't think. When we moving in the private ?? of cemeterys. That's a big area. Rural areas are full of em and I don't know why you just having this discussion on one cemetery and here we are making a law for one cemetery. I really got a problem with that. [speaker changes] Representative Ross. [speaker changes] Just thank you Mr. Just for another comment just to remind the representative that if he leaves a bill on the senate side and doesn't want to use it, all sorts of things might happen to it. [speaker changes] Not all necessarily good. [speaker changes] Representative Brawley [speaker changes] Thank you Mr. Chairman. I've been listening to the debate and I just kind of want to reflect back what I think --

That hurt from the two sides are group wants to do a private columbarium and is considered like a private cemetery of family cemetery church cemetery is not regulated by the cemetery commission because senator commission only regulates commercial cemeteries the cell blocks to somebody sent from some form letter for tells me the rules for being a commercial cemetery but they don't apply because of private cemetery bell they showed up today they have really said the 20 most is a bad thing what the site is what was then doesn't apply to the sanitary commission belt regulated than ever had a vision that had been working with his cause the same reason the architecture board and try to work with me on someone else like they don't regulate I think that's one hearing if that's what I'm hearing I think the walls are necessary because we're dealt after weeks of them from the commercials cemetery law because the commercial cemetery law doesn't cover that they are not a commercial featuring they're just proud the discussions about perpetual skier commercial cemeteries are required to establish trust forms to take care of cemeteries and perpetuity that situation not been operating like those are the ones that fall into disrepair been mired in column one on a day (SPEAKER CHANGES) if we wanna go forward with a small we can we can and then the commercial statutes to say that noncommercial cemeteries that meet certain criteria are not regulated but there already not regulate how they got the support the cemetery commissions tried my original was James waller's not because it diminishes territory is just mail, exercising authority in this area people been free to do what they want do an expert in that situation and we want our web of a big problem with this I just don't want to waste a long-term deal as you go to cross over debating a bill that will apparently did not act as chairman additional questions for members of the committee Artemis the shawl and if it's taken several years to get to the spelling and that means is that ambiguities in the law that the suspend all support for what they're going open to the point where they realize a tiny change the law so beautiful even if they don't regulate of what they're trying to do if it's taken in seven years to get information to find out if it's badly it is not regulated me get that information from the second cemetery commission which the body's own web as a secretary them in the survey we need a clear that they can begin the fact that this is a good way to go in additional questions from our own committee are some of the scope thinking is checking receiver can you explain what that the party is dying of white pages (SPEAKER CHANGES) a bill to set the tone of culinary and in doubt what they were told that a letter dated May 11, 2012 instead you were to be if you would need to now and the way beyond wishes to crack use currently ran short of unhealthful and think and retains is also if you need county grew 30,000 edition at 530 acres of cemetery for national cemetery line because Polk county in the situation in nearly crafted on if less than 30,000 people population they would default only have about 15 acres of traditional cemetery plots they'll need any of the cemetery plot feedback as commercially available and can always not commercially viable and Polk county that called in and out while created with and on and may have had lost your question if you are due to begin work on both live in CP and not a few non-regulated businesses selling is not regulated by the cemetery commission while it's just a permit from the county commissioners to build it sell off if things fall into gray areas this is a nonprofit deadlines on from the state's 292 P B of weights earn 90 years old 80-acre CDs and as far as to try and get a permit like they had been thrown in the letter from various sources to say this to be done by this is that you need the bank rates in addition to simply going so they ??.....

00:00 effectively been told that [??] may have been correct but they have to go on what our regulatory oversight bodies in this state tell them that they needed to have the [??] edition to just the 30 square feet to build it on. follow up. could we just have the staff explain the problem. yes miss [??] Brown. thank you Mr chair from my reading of the statute there is an ambiguity and there is some level of un-clarity in the statute there're references in the statute to businesses operating [??] but there also is a section of the law that provides any legal entity wishing to establish a cemetery has to file a written application for authority with the commission so it is absolutely clear that the statute only applies to businesses number one and so based on that ambiguity someone who wanted to create a cemetery and a [??] is included within the definition of a cemetery might have to get authorization from the commission this bill would make it clear that this type of [??] is outside of the statute and outside of the act that requires that authorization. representative Jones. Mr chairman I think that the explanation was excellent and explains the reason why this is a good law and I am prepared to make a motion at the appropriate time. representative Elmore has already beat you to that representative Elmore. I move for a favorable report on house bill 796. the motion is properly before the committee all in favor say aye. aye. all opposed. no. motion carries bill passes no additional business before the committee we are adjourned. thank you. 02:00