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House | April 14, 2015 | Committee Room | Transportation Committee

Full MP3 Audio File

Good afternoon ladies and gentlemen, welcome to House Community on Transportation. Tuesday the 14th approximately 12:01 first thing we'll do we'll introduce our Sergeant at arms we have with us today Joe Austin Hey Joe Walter Hawkins, David Lantern[sp?] is that right David? [xx] thank you and Martha Garterson[sp?]. Martha thank being with us today. Pages today, we have Will Dan III from Pitt County, sponsored by Brian Brown Welcome and Hornback from Rutherford, sponsored by majority leader Mike Hager. Thank you all for being here. Ladies and gentlemen, members of the committee Strapian, we got a lot of bills we are going to do our best to get through this, so without any further do, the first one we're going to hear from is house bill 464, representative Faircloth, thank you. Need a motion to bring the PCS before us, thank you I have a motion. from Representative Adams, all in favor say Aye. Aye. Opposed? None unanimous, thank you. Representative Faircloth. Thank you, Mr. Chairman. Thank you to the committee for hearing the Bill number 464 I'll try not to take much of your time, this is a Bill requested by the Piedmont area regional transportation folks and and the Greensboro area, in that area the Piedmont area there, and what they're trying to do with this Bill is to bring a little more order to their organization and to their management, authorities and so forth. So, it's pretty much of a technical Bill. I think the first question might come is, since it's a public bill and it has to do with the Region of Transportation Authority, they're as you understand two more in the State and you probably would like to know whether or not this affects them, and Mr. Chairman, I do have somebody here I'd like to speak to that when I get to it. Thank you Representative Farecloth. Please keep me in the loop and we'll address that when we get there. Let me run down what's in the bill section one of the bill changes the board membership for what we call PART to provide for two or three members of the board transportation is voting members from the PART area. Section two of the bill simply provides determination of a quorum of the ruling trustees shall exclude vacant seats provides member of the board who withdraws from the meeting with there being excused they are going to be counted as present and et cetara a couple more of those order keeping addition to the bill, the third section provides the board shall employ a chief,  administrative officer and this is a large part of the board Chief Administrative Officer and number four specifies the duties of a Chief Administrative Officer etcetera. Mr. Chairman I'd like if you'd to to ask Mr Tom Taylor to come to the microphone in the back if you will allow him to give us a little more detail Thank you representative, sir please you are welcome, you need to push the button on microphone, and please let us know who you are why you're here. Thank you, Mr. Chairman. I'm Tom Tillor[sp?], I'm General Councils to the Pittman Authority for Regional Transportation. Representative Faircloth is exactly right, this is technical bill it does not affect the triangle transitive authority which is article 26 where structure are very different than they are factor as the original bill was drafted for such imposition such as legal council, I can choose three separate ways to count a column, and we need to fix that we need to fix that, we need a vehicle for some better management, it is not grant in new authority to the agency that does not shift authority or power around, it just tell us better how we can manage ourselves. Thank you, Sir, and thank you for taking your time to be with us today. Representative Faircloth, you're ready for questions? I'm ready. Representative Jeeters Is there any opposition to this Bill? Representative Faircloth, you're free to respond. I don't of any. Follow up? Follow up, Representative Jeter thank you representative Ann for a motion or a vote? Representative [xx] we're fighting over your motion the questions saying none, representative Jedda, look for a favor report for PCS on house bill 464 original I do not believe it has a referral. Second. Who did the second?

Representative Art. Thank you. You've heard the motion in front of you. All in favor say I, in opposition say No. Hearing that thank you Representative Fairqual[sp?]. Thank you Mr. Chairman. next up House Bill 256 Representative Forward. Representative Floriada I remind you we've got two gables[sp?] today so we are running it twice this representative Boss thank you Representative boss. for favorable. We have no motion for me to present, right? Okay, go ahead Representative Foward. Thank you Mr. Chairman and members of the committee. This is a very simple bill it simply allows detrance that has a partial disabled plate to park in handicap parking spaces, very simple! Thank you, any questions to Representative Cleveland? I've got a problem with this bill. We presently allow 100% disabled veterans to park in disabled of the areas. Someone with a 10% disability is going to be allowed to park in a handicapped area? That makes no sense to me. I'm a disabled veteran. I collect a considerable amount of money from the government for being disabled, but I don't look it, I walk around OK. I would never consider using a handicap parking space. I just have a, I guess a philosophical problem with this when we're going to tell people who are physically able to walk and do what they have to do, to give them a handicap parking place, I just had trouble with that idea. Representative Floyd. The veteran that has a disabled handicap plate, he is proud to display that plate. At the same time that same veteran can go to a physician, and require a handicap from a physician, and park in the handicap parking space non of these veteran. Follow up. Follow up representative Crivelen I understand that and I have no problem with that if a doctor verifies if the individual has a physical problem and he cannot walk over, I think it's 200 feet is the requirement or something like that, I have no problem with that but I do have a problem and there's a lot more out there that are capable, that can do do the walking that's necessary to go from a parking lot to a store. I do have a problem with giving them car plough to just park in a handicapped space it just, I don't openly think it's the right thing to do. Representative [xx] that answered my question about whether or not she can just go to a doctor a doctor and get a handy cab sticker so Im just going to have to agree with representative Clinger on this thank you representative gram thank you Mr. Chair. A question for the [xx] Absolutely Representative Floyd, this language does not require that person to park in that space, does it? No. So it's an optional thing? Yes So can I follow up Follow up Representative Graham  If someone who is a veteran and has a partial disability and they have access to that space if this bill passes but it does not require them to park in that space. Thank you representative Floyd. Thank you representative McNeil Bless you. My question is being someone answer so I'll pass. Thank you, Representative Adams. I'm going to conquer, my father was a person of World War two, he was 100% disabled, he refused to use the handicapped parking, not the circle but hand tag. I'd say in this particular situation. This is a terribly abused privilege and I think that we need to look in to this because people who are genuinely disabled are being deprived of disabled parking because people who are not disabled but have the stickers, however they got them I don't know are not being properly placed[sp?] So that is my comment in this thank you. Any additional questions? for motion, Representative Jeter Move for [xx] report to

house bill 256 with the [xx] of finance.  Second so give me the second. Representative Rodney Moore a second.  Thank you very much representative Moore. You've heard the motion in front of you saying I, any opposition? NO Then the I's have it. Thank you Representative. Thank you Mr. Chair and except House Bill 350 Restore privileges, Competency, Representative Farmer-Butterfield. On deck will be Representative Martin. Representative you have the podium. Thank you Mr Chair. Ladies and gentlemen, we have three sponsors with us today, there are four primary sponsors. The only one that's not with us is Representative Patricia Hurley, and our Bill is House Bill 350, it will basically restore driving privileges for people whose competency have been restored. So in the State of North Carolina right now, if you're declared legally incompetent, the clerks of the Superior Court in North Carolina have to notify the Division of Motor Vehicles and they in fact remove that person driving privileges unless there is evidence to demonstrate why they should keep in the case of heavy people some rights restored in North Carolina we have done nothing with the statute to make sure that the division in the motor vehicles is notifies when their competency is restored. So this is a gap in the current statute on and the clerks the coolest and some of these system staff is cool and we want to make sure that we rectify this is possible, and representative Turner is a former clerk of court, representative Harley, and representative Randleman and representative [xx] is our resident expert.  Thank you representative, any comments [xx] wish to share any comments if not we'll go right to question. Going to question. Representative cleaver[sp?] For motions For motion, Representative [xx] shepherd representative Moore thank you Mr chair, just very quickly is there a time frame from the time that the person is put that or may [xx] again to where they can have their license reinstated or you're just trying to. That's a good question Representative Moore that's done immediately about [xx] court once they do those restorations of rights [xx] Representative Yarber.  I'll come in on this with some experience [xx] even after you've been allowed to have your license and you've been flagged by DMV as having any kind of conveyance issue, you're expected fill out a great big huge form and have your physician fill out part serve it in order to drive every year, so I don't think this is going to address any of that but the the oversight regarding confidency is over killed right now. That's a good point, that might be a whole another bill. Thank you.  Thank you, any further questions? I'm sorry, Representative McNeill I didn't have your name, I apologize. Well, part of my question was after the rights are restored what process does the D. M. V do they have to go through a driving test again, do they have to go through all the process, or they just get their licence bank and start driving? They have to make sure that they comply with all the driving laws, they just have to comply with.   Thank you representative for the motion, did somebody said Representative Gram you're recognized. I move for a favorable report on house bill 350. I'm sorry you're absolutely right. Representative Grambo will try that name for a second and we're going to go to Representative Cleaver. Thank you. Thank you Mr. Chairman. will report on house bill 350. Thank you, my apologies representative you heard the motion in front of you all in favor say I, all any opposition? Hearing none and thank you representatives. Thank you committee. With a re-referral J2 the motion would have incorporated that into it we're making good time. Ladies and gentlemen next step.

House bill 434 handicap placard, medical re-certification representative Susan Martin. Representative you have the podium I do need a motion for PCS so move Representative Clevelent[sp?] All in favor? Thank you very much Representative Martin. Thank you Mr. Chairman this is a simple veil and I'm [xx] And so we'll be in recess for and I'm pleased to have Chairman Toved[sp?] as well as Representative Marvel Lucas he had a conflict he couldn't be here as primaries with me. The only change with the P. C. S is the date from 2015 to 2016 otherwise it varies if you just looked at it. It just came to my attention as a result of constituent call I'm sure you get many of I had a constituent who is 100% disabled, he is 86 years old veteran served in World War II career in Vietnam has heart problems and cancer he has a handicapped tag that expired in May 2015. He was told by D. M. V that he needed to have a doctor appointment scheduled to have a form completed so the doctor could give him his tag renewal and he was very upset about this because he was 100% disabled and had been permanently disabled by the government. So I sent it to research and we have Wendy here on staff who did some research and I will let her explain if you have question some who is 100% disabled has the option of getting the plate or the removable tag. If they get plate they're renewed annually, but they do not require any medical recertification, but if they get the removable tag they could be renewed every five years, but they did require a medical recertification, so that was just something that we had and and so here's [xx] if I'm dimmed 100% permanently disabled why should I have to go back and have a medical recertification and spend the money, which you know its not that easy to do these days, and research came back and said you have to change the statue, so that's what I'm proposing to do and DMV is completely supportive with the exception of because of their I. T system, they suggest give us to 2016 to fix this error. Thank you Representative for the question. Representative Jitter.   For unfavorable report, Clause committee substitute 434 unfavorable to the region. I'm saying that we have another question, I'm saying [xx] I believe you have cleared the skies, so the motion is reported committee all of favor say I. I In the opposition? Thank you. Al right let's see here and favor the bill second, I [xx] Thank you Representative. House bill 550 clarify bigger plate requirement representative Tan you have the podium. motion for [xx] report at due time Thank you, Mr. Chairman and thank you members for hearing the latest instalment of the saga, how the dealer plates turns. This is I believe the third attempt and moving the bill over to the Senate that would be acceptable to the Senate. This is an attempt to offer another point of discussion. We passed an amended bill that started out similarly I believe last time, we passed out I believe three [xx] to change I believe would be with the amendment that certainly been passed out and it start over in Senate, so what the bill does though for those that worked here before is that clarifies DMV reinforcement grey area, it tries to balance the need for caution and accountability in regard to the utilization of these plates, it doesn't affect any dealers negatively, it actually just allows some more to be able to use the dealer plates and so we believe that the hope is that we could move it over to the Senate and have a different discussion than no discussion which is what we had last time. Thank you Representative any of you have questions saying none sorry Chairman, Chairman [xx] Mr. Chairman [xx] the amendment that has been passed out. I like to discuss or present. Does everyone have a copy of the amendment. Representative Arnold explain the amendment. Thank you Mr. Chairman. What this amendment does as Representative Tine said the house bill 513 by the number was last past 103 too quite differently when it passed over and this basically the way this amendment does that an independent are all franchised motor vehicle dealer can use this plates, but these issue is fairness and why

you are picking over trade number 15 where most independent day those have got far, far less than 15 folks on staff and again and maybe other thought the staff was correcting me back their sorry I was correcting you. It's alright. So this pusey wanting back like the hospital 513 in past 103-2 and let the senate know that we like to them in the past bill not just what they like first to do and the much as I love my senators not here as in catering in every case to they want to have no idea why they want to do a bill with 15 and the unfair to independent leavers. Members of committee representative Tane. Thank you Mr. Chairman and if either my colesponders one way in honored repesenative Wadel Representative Wardford I'm going to pause the amendment because I completely agree with representative [xx] there's a fairness issue true that. We should make it fair across the board for businesses to be able to compete the problem is that something. To me something is better than nothing and what we've shown so far is that sending it over within the amended language is we're going to get nothing. So, I would rather be able to to help some business to be able to compete more fairly than no businesses to be able to compete more fairly. Thank you, Representative. Representative Ford you had a questions are only on the amendment of the bill? It's actually both now because. Please refer to the last question. Thank you, Sir. I'm getting a lot of push backs and this is what my local used car dealer like the amendment, they don't like the bill at all and have had from several used car dealers say it's going to hinder them and hurt their business. Representative Turn response? I'd love to know exactly what they're concerned about? What it would hinder them to do? Because it doesn't actually all it does this has actually allowed others to compete the same way, if you look at the original language of the way the statute is right now there is an A through F for ability to be able to use these plates we simply added G. S o there is no restriction on the existing businesses they're just not being included in the ability which this amendment would do that would make your folks taffy, but it seems to me that it's almost at the independent or mad they'd rather have somebody else stay excluded than instead of having them they want the whole interloader  as opposed to allowing some of the businesses to be included in it. So, and I can frustration. Representative Shefered. Thank you Mr. Chair I recall one my dealers earlier today he has about four five leadership in town representative Tan and he was concerned because he said one of my leaderships I have about 16 employees, so this would be good for them. It said across town I have about six employees and this would help them witness them at all and so I think this amendment is fair and I can't understand and maybe you can relate to me why anybody will oppose this but this seems to be the fairest way to go for anybody involved. Whether there are large leadership or when there's a smaller mom and pop leadership. Preceded time And I completely agree with you that the fairness issue. I completely agree, I don't have a disagreement on that. This is I voted for the bill last time, the way that it's amended so I'm all for that as well. My one question to the dealers would be why didn't they run if this is so important to them that the're willing to undo this bill. Why didn't they run their own bill in order to make that happen. The session which there isn't one out there. So this is again is just another attempt to trying and get the Senate to at least make some movement that maybe we can deal with the full issue as we have done with. Follow-up Representative Shepherd. Representative Tom to cut to the chase, where is the problem? Who is that is opposed to this amendment? cause to me is about fairness, if their's somebody in the Senate, who's completely opposed to it, What's the situation? Representative [xx]   Yeah. You'd have to ask the senate I believe it and maybe representative Fabric would answer this, where it resided last in the Senater? I have no knowledge of where it resided last in the Senate. It's okay but it didn't see the light of day from wherever they put it. So you'd have to ask Senate members. Thank you representative, Representative Jeder for question. Going to the question of whether or not the Senate, there's two things I know I don't understand, my wife and the Senate. I do have a question [xx]

representative Tom[sp?], did you access registration fees or their plates, is that correct? [xx]   Represetative   [xx], would you repeat the question please? do dealer plates pay registration fees on their tags? They do. Follow-up Follow-up Representative Jeeter. Is it just a discounted rate than a normal tag would be if they didn't have a dither tag? We'll refer that question to stand. We'll find that for you, we don't have that right now. Follow-up? Follow-up Representative Jeeter. What is the benefit of having a dither tag versus a regular tag? I'll refer that to staff as well, Do we have an answer? Representative Blaurry[sp?] is it for an answer to that question?  It is Mr. Chairman. Thank you. I believe the advantage of a dealer plate is as is not tied to a specific vehicle but it's tied to the dealership so that the plate can be put on whatever vehicle needs to be driven at the time. Thank you, Representative. Representative Jeeter. Mr. Chairman we have the fee information. We'll go to staff when answering your question [xx].   For half price the under 20877 Mr chairman if I can just respond Absolutely representative Jayder If I understand your comments correctly what your saying is ideal licence to fit registration fee is half what a regular licence fee would be is that that correct? After the first five plates at a regular fee the reminder are half price just here thank you, Representative mcghana[s. P?] Thank you Mr chairman I'm warned to say that I support this amendment because it's the right thing to do and if someone else has a problem with it or will but it's a right thing to do and I'm going to vote for it Thank you Representative, Representative Candy Thank you Mr chairman could your Representative Tom tell me why you were restricting this bill to just 15 employees and under. Represented time?, yeah, and there is no valid policy reason. To be frank it is simply trying to get some movement that perhaps the senate might take another look at it, I can't say it's a compromise because we haven't had a bill to compare and then bring to resolution what we do know is that they won't look at it all the way down to zero, all the way down to the level that the amendment will do so this is an opportunity to try and move some businesses under the envelope, send it over the Senate and see if we can start a conversation on that. You have that passive look Representative Conia, you think you can second the question? Representative Conia: I can't decide if I want to follow up because am assuming that you do want one [xx] thank you representative [xx] because when you throw the senate in I get perplexed I support the amendment and I know it's taken us right back to where we started, but sometimes we have to keep our your head against that wall and you might open it and I just think that the fairness issue is valid. My father was in the car business and everybody had the dealer tag.  So I don't understand I know you want to get something moved, and then they say you can come back and amend it next year or next time if we pass this, then we can add on the independent bills, but I'm not ready to go down that road. I'm sorry I have to oppose you and I'm going to support the amendment. Representative Jeter for your final question. Two please? Your first one, second one is dependent upon the length of the first. Is independent dealer defined in statue. I guess my question is, could I decide that I'm going to go and sell cars and be an independent  dealer and then ultimately I'll qualify for [xx]  upon receive the proper of licensing from the state of North Carolina; yes sir it is, OK, follow up, real quick; follow up representative Jeter; you know to me, the only way we can guarantee the same outcome is to do the exact same thing and I commend Representative Dine for trying to get an innovative approach to get something done that may not be 100% what we want and we may not like it, but it'll get us 80% of the way there. We have every piece of empirical evidence that shows, that if

we pass this amendment this bill dies and it hurts everybody. Getting as 80% of the way there and the way it works makes sense and I ardently oppose the amendment. Thank you hearing very powerful and normal questions but at last there is one, representative Specialle; I too subscribe to representative Barm Gardener or well theory and I don't think we can anticipate or try to anticipate what the that really won't do on any given bill, a lot of bills set there and die simply just because of any action, they were focused elsewhere. I think we should do the right thing on this bill pass this amendment and let's be fair to everybody. Thanks representative Royce, we are also anticipating your anticipation. Any other questions? Here on the amendment on favor say Aye Aye Those opposed? Opinion chair, the ayes do have it that we're back on the bill as ammended by representative Claim Wan Or a motion We're at the appropriate time Representative Claim Wan for a motion. I'm at it as amended Lowland and it's the favorable House Bill 550 has amended into P. C. S and referred to finance. Absolutely on target. Thank you P. C. S representative. If you had the motion on the favor say Aye Aye Any opposition? Ayes have it. Thank you representative Tyme Ladies and gentlemen thank you for your patience and your brevity. Today we are on our last bill and we are ahead of schedule. Some said it couldn't be done. House Bill 550, Clarify Dealer Plate, we saved the best for last Rep. Brawley It's 551, Mr. Chairman. Thank you Mr. Chairman, what time do we need to vote? About three minutes after your presentation which should be about two minutes. Okay. For those of you that look at this and say that this is dejavu all over again that is because it is exactly that. This bill has passed the house twice and gone to the senate and not as third time's a charm. Simple propositions. As they move roads around, BOT has lots of small pieces of land, they are about 4000 of them, the largest one is four acres, most are under one acre. This is to establish a procedure where we can get them off of our books in the hands of private individuals who will then register them for taxes, put them to useful productive use, and as a member of the committee, Mr. Chairman, at the appropriate time I'd like to move the favorable house bill 551. That sounds in motion, but I'd like to perhaps wait just a few moment if you have any questions, Representative Earl? I was going to make a motion. Then we will relax Representative Brailey's appeal, and we'll lean on you when appropriate time for Representative [xx] Well let's say say if you are gender friendly, I was going to do do the same. Were you speaking personally or just? I don't go down personal roads up here.  Thank you Representative Carney. We will rely on you for a very strong second when the time is appropriate. Any other questions? This one I actually thought would draw a lot of questions, and it is not, lucky us. For a motion, Representative Earl. Make the motion of favorable, House Bill 551, With a serial referral to the judiciary four? thank you for a second just for the fun of it Representative Courney[sp?] a second thank you very much, members of the committee you have heard the motion in front of us all in favor signify by saying aye, any opposed. Ladies and gentlemen that is the conclusion of our committee meeting. Thank you for your attendance. The meeting is adjourned.