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House | April 23, 2015 | Chamber | Education K-12

Full MP3 Audio File

Call this meeting to order of local government. Welcome everyone here today, would like to introduce our pages Lizzy O'brien, Randolf County, Davis Beth Guilford County, Desmond Woods White County and Jessica Vessqures of Guilford County. Our Sergeant of Arms Colin Adams, Joe Austin, and David Lattin. Thank you gentleman for your service. Everyone listen now this committee will meet Monday at 3 o'clock to try and hear the rest of the bills that are subject to clause seven, Monday at 3 o'clock local government okay? Keep that in mind, an announcement will be following, today. Without objection we're going to go to House Bill 613 representative Brawley and representative Floyd. Thank you Mr. Chairman this bill was actually requested by the bigamy lesser powers last year it's fairly straighforward we have written ordinates for the display of political signs on state highways I know you will be shocked to hear this but there are people that ignore our ordinances. On State highways within Cities, the Cities do not have authority to enforce our ordinates and this merely allows the city of departments to enforce state law on state roads of political science, and that's all it does. Representative Warren. For motion at appropriate time. Go right ahead. Excuse me, I'd like to make a motion for favor report on House Bill 613. and a referral with a referral to elections please. You heard the motion, all those in favor say aye. Aye Any opposed. House bill 739, Representative Brunley. Thank you Mr. Chairman. You might recall last year we repealed the business privilege license because we had cities that were billing businesses and as many as 88 counties to sell within their limits. It turns out there is another regulatory ordinates that several cities have decided to use to replace is the business privilege the license and now are sending letters all over the state asking people to register. What this bill does is remove the ability city to charge or the registration but allow them to continue to do so. Right now I'm aware of at least three cities that are doing this, one I'm not sure yet let me say I just say no name city His already put $800, 000 in their budget for next year using this subordinate source of fund raiser. There have been concerns raised by the city of Shallot by the xx of all this, and I have agreed that if we don't make changes and settle our differences before discussing finance. Next week we will resume talking your voice will be tuned to China. Today we would like to recognize the pages that are with Mcneils from Royley Nick where are you? He is sponsored by senator Stin [xx] Thank you Mr. [xx] fulfill the report on how to [xx] Alright. Anyone else We'll get anyone from the public wishing to speak on this bill? You have one minute to step Thank you Mr. Chairman We have a number of bills on the calendar today, we'll start with senate bill 83 which is a bill, sponsored by senator [xx] so if there's no objection from the committee, then we will hear the PCS to the bill seeing none, PCS [xx] senator Birmingham would you like to explain your bill?  Thank you, anyone else? You heard the motion by representative Warren? Yes chair Since this is PCS. Heard of the motion house bill 739

all those in favor say, aye who's handling this bill? House bill 128 and without objection, we have a PCS before you and Jane before you start I would like to say that Robert Moore was of great help, you may not recall but in the committee we had some concerns and Barbara came to our aid and made recommendations for the wording. And so this is what you're going to be hearing. Yes Mr. Chairman if it's okay. Thank you Mr. Chair. Will everybody hear her or would it be better for Jane to come to the microphone. I'm here, can you hear me? For now. The proposed committee substitutes the Senate Bill 83 is a significant change from the original Bill. This particular Bill contains the different statutes will amend an existing and generally the larger counties wouldn't have this problem because it is [xx] you put up a building or do something they generally have the funds available, they got a larger tax bases, and a larger family on oath against any individual or citizen that's a fault, leaner fault document. This would give [xx] support the authority to refuse or to deny the falling of such a document [xx] one of the counties in my district, apparently they just spent a lot of money rehabbing one of the jails [xx] the county commissioners made a decision some of the commissioners were leaving who were not running for the election [xx] and to seek a determination from a district court judge as to the validity of the content of that particular document in order is not permitted at this time to reject the file and just give the clerk a protection and opportunity to have the validity and also documents [xxx] and also make various changes to the same provision [forgetting to register [xxx] that it would allow spend money, overtax people on their credit and they have a right to have a say and have a referendum,  all this does is if a [xx] project [xx] bill is to cost more than $5 million. If there is enough opposition where they can get 10% of the registered voters to sign a petition they can force a referendum. Thank you Chairman Davies.  But Mr. Chairman comment please. This bothers me, as a former county commissioner, I know that when you're trying to negotiate we forgot my understanding and perhaps someone to death and this is going to be just my understanding on what the bill provides is that if the document is presented for filing or recording with the registrar deeds or the clerk of superior court that the district court judge will make a judicial determination. Follow up. Sir, could you identify yourself  for the committee [xx] If you're going to let [xx] its going to be city election or county election, something like that, that's fine, so I'll be voting no. Thank you Yes, there's a procedure for referendrum thank you, then if I can set an amendment that you could prepare in here is it too complicated? Wilson if we can displace that we can with general law. The general law right now for special elections requires that special elections to be held at one of the four falling towers. At the same time

senator county general election, at the same time is there any primary election. We can put something in it and then if, use the language is, exactly the right for the amendment on the floor [xx] still working on that and then we'll see if these other questions from the committees so let's go ahead and deal with those, Senator Alexander had a question. Yes, I think we're going to that public official and any other [xx] and I have a number from this bill probably too numerous to mention this morning, but in the case of municipal finance, I think the question is as the bill is written, is the false filing only as to individuals, or does the bill language allow us if they are trying to file some kind of [xxx] organize entity Cities, counties they don't just willingly roll a bond package together and throw it out there, it has to come to Lowry, go through the local government commission and I don't have time this morning to give you all the scrutiny that that bond package goes through with the Local Government Commission, and by the way this is unique to North Carolina one of the reasons we have the credit rating that we have. That pawn package first of all has to be justified, the financing has to be in order and every piece of that bond has gone through and the local government commission even markets the bond, local government has nothing to do with that. So if we pass something like this I'm assuming we probably need to get with the Local Government Commission, which obviously I'm not proposing because I actually think I think the way I read it, it applies to any leader in Cambridge regardless we are talking about capital project, and just as the governor said the other day Have understood the question. On follow up, it appears like strict protection for individuals and that's terrific but In your bank account, requires a lot of capital, a lot of this things especially when you get into water or sewer or issues like that, or town centre you heard the issue the other day about interest rates and what interest rates are now, [xx] they are going to go up. A critical situation came up where a local government needed to have some sort of capital expenditure [xx] if they has to wait around for a referendum, interest rates could build up against them and it could literally cost millions. I'm afraid that's probably what is going to happen with our bonds with stack. I can go on and on, but this is just not repolying for some. Follow up all of these measures through the Local Government Commission and once again, we elect city councils we elect County Commissioners, we need to let them do their jobs and we need to let [xxx] decide what to do in the process leaves that covers, but will now we've seen that's true we are going to take a look at bill and if we had some we don't want to use [xx] any other members of the committee [xx] let me see if I have got let's take this [xx]  The section shall not apply to any of the following federal law capital expenditures to comply with state law with orders in record and waste of water systems [xx] we have a motion too from Senator Smith Ingram but are there any other questions from the committee? you put up probably $5 million, $10 million, the money is not there, it's likely the tax [xxx] people should have a say in that, and I am getting opposition from the County Commissioners and illegal municipalities I said, you understand what my goal is hear, and my goal is, our primary goal is to protect the rights of the citizens, yes they elect this people, but they elect them every four years or whatever it may be.

By the time the next elections come, the excuse that you can always vote us out of office sometimes you get rogue commissioners, you get rogue folks in office who don't care, and this is as a result in my opinion of one of those cases where we had folks in office we're not going to run for reelection, or they knew they were not going to get reelected but they wanted to leave their legacy on [xx] neighboring counties $6 million to put up a jail. This county here wants to spend $40 Million. Senate Bill 182, Senator McKissick, unless there's an objection from the committee, we'll consider the PCS . This will only apply for those cases where the citizens in that unit if government [xx] is unreasonable probably a better part of the year as to know objections, we'll work with those in law enforcement and as well as those in highway control. It basically regulates the use of automated licence plate reaers already out the today and right away, already out there in the [xx] street lights to establish these rules and regulations related to their use and how [xxx] data can be captured in a 90 day time-frame [xxx] pertaining to it, unless there's [xxx] in a case where it might be needed to be I'll be real short, as the former county commissioner, I oppose this Bill because I think it's poor government. I understand that [xx] as a county commissioner, we never [xxx] the whole time I was in. Senator [xxx] would you like to perhaps explain the amendment? But I still think [xx] should be able to do it, because it preferred a good deal on a bill well, Representative would you want to explain the amendment the former commissioner [xxx] I too would like to join with my other fellow commissioners and position to this, so if we continue to kick this ball down the road, decision in counties and I think we will all remember the result. Thank you Alright do we have a motion? Representative [xx] I'll make a motion for [xx] You have heard the motion for an unfavorable report. All those in favor say aye, any opposed? aye's have it, and house bill 128 is an unfavored report. House bill 527 without objection is a PCS. Representative Burrow. So that's the change that PCS wants Well specifically as to the amendment. Thank you Mr. Chairman. The PCS that you have before you [xx] move the elections for the 10 municipalities county from the [xx] years to the [xx] years, I believe this is the right thing for the municipalities in my community because it will increase the voter turn out obviously and increase voter involvement and have a little more saying to the electing because [xx] will have a turn out. This move will also save the tax payers and those municipalities back at [xx], combining them with useful elections with the county stage better elections and for those wondering the last municipality that was [xx] 2011 Representative Paul Well moves the city went to [xx] from [xx], I know I have no oppositions for my municipality, from anyone in my community. The only request we've had is just updating of general statute to match up with some of the local ordinances and I appreciate your support and Mr. Chair I do have We have an amendment? We have a motion to accept this so that's representative Warren? Richard had a question to ask the bill sponsor if there was any opposition that he indicated [xx] is there anybody here from any of the counties that want to speak to this? Anybody here wanting to speak for or against this bill? Seeing none back to [xx] Follow up.

The amendment would create an exception term said that the data that they collect through the tolling process is not regulated by this bill. Follow up. The number on line four, it has [xx] Chairman answer that question. Mr. [xx] do you have an answer to that question? I believe it has six members. But you just voted for him [xx] no one is trying to [xx] and that's why everyone time [xx] during the next even year election. Representative Pennelton[sp?] Mr. Chairman, I think Representative [xx]   Yes I will move to a favorable report on was this P. C. S on the PCS on favor to the original with the referral to the elections among the rules and counter operations. Mr Chairman, did we vote the amendment? Yes we did. Yeah we did. We did vote on the ammendment you hear the motion before you? with this PCS and roll the ammendment and provided that PCS affavourable report and unfavourable one as the original bill and refered to the PCS committee on elections. All those in favour say aye, any oppose? Halleluyah! moving on and don't forget we'll make this announcement a couple of times, this committee will meet Monday at three. We're trying to get bills that are subject to crosser, we'll meet Monday at three and you'll be getting a notice today from Chairman Davis [xx].  I don't know [xx]. Let's do Senate bill five union county local act Representative [xx] That's what am asking and [xx]. Thank you so much Mr. Chairman and members of committee, this's a really simple bill last year in the county had a dispute between the school board and commissioners over school funding, last year put in a bill that says that says the school board couldn't sue, but then we appropriated to you for funding. The y have since played nine to come together and their bill on this and what those that will fill the second year funding and put the bank in local control, where it ought to be let the school boarding county negotiate for doing better. That's your sport. Any question? Follow up. This is senate bill five. I don't believe that it is, I think there's only being captured for property to send some calculate it all and if we find out that we need. Representative Bowl. At the appropriate time Rep. Gider. Real quick question for bill sponsor I assume both the county commissioner. I do not understand the amendment to include anything other than yes notification good answer, anyone from the public wishing to speak on this, seeing none, Representative [xx]? Make a motion to accept the bill For your benefit the language came from DOT it didn't come from the police chiefs You've heard the motion all those in favor say aye, Aye!   Any opposed, alright. House bill 761, Representative [xxx ],  Representative Stem that was the end of education as we know it, they were allowed to start but were burdened down with rules and designs that ensured the failure of this [xx] Mr. Chairman, thank you. Senator Davis, if you are questioning whether the purpose of this amendment, this exception because the definition of open [xx]

I don't think it requires to be automatic [xx] regulate the number of bills, I don't think the law as an agency will be able to take advantage of that to operate such a system within that exception? I think your question was if a private entity was operating the tore road which subject to public private partnership would they be exempt as well and so I think with this definition, would this exempt both the state [xx] who was collecting tolled data well with the private-public partnership that was [xx] towards that [xx] I think that whether [xx] operating that or not the definition would have stayed proved automated licensing plate leading, so I think in addition that the amendment could not [xx] a loophole for anybody, to operate a law enforcement [xx] his time Rep. Cravelin will lock the same board for an amendment. It's not now, but I the 77. Rep. Cravelin enabling the [xx] party, I think [xx] collect You've had from a motion from Representative Jeda for approval into discussion All those in favor of the amendment say I any opposed? Alright. Representative Stand. I would like to address the part about getting the money back, fallback Follow up Senator David? seven, but if they spend money for buying real property sites, play grounds, athletic fields. Then they would have a lean on the property, a note and a deed of trust. The bill at the bottom requires that they have a secured debt. My understanding as of today, there are no privately operated toll systems in the state of North Carolina that subject to change on the [xx] 77 project. I would think at any criminal proceedings that are subject to subpoena, tolling that from the Turnpike authority in the course of a criminal proceeding. From staff do you have any other further comment than that? The question Senator Davis to the counties I think the question is the dialogue might exist [xx] if their was a criminal proceedings just like your phone records for John Doe. I think you can do the same thing to authority the counties come out of a hit. This is a win win it is a completely  Nothing on this bill regulate I will get some lined up in a queue and keep them as quickly as possible, we have two other bills we are going to try and try to get to Representative Landon obtained by private party or whatever the system is One question that I had was safe guard about the charter schools in the [xx] like five and only one gets the money, what's the issue there when you give the money one how you are going to keep the other after you constitutionally with the way schools are set at [xx] somebody allows will already been passed Representative [xx] it might be a political problem and it shows it might be [XX] So I think that [xx] it doesn't keep you are your

neighbourhood from putting up other licence plate binding the system and then, I guess offering that for sale to [xx] enforcement. Senator Bingham [xx] today we seem to be giving law enforcement additional ideas of what they might do. Senator Bingham. First we have the amendment still pending before the committee, but, is there any other discussion about the amendment? Seeing none, all in favour of Senator [xx] amendment indicate by saying aye, aye. All oppose nay, the ayes have it, so the PSC has amended it before the committee. We have a motion from Senator Bingham for a favorable report. Do we have any other discussion from the committee. Any other discussion from members of the public? Seeing none, so the motion is, that the committee check in and check out and without [xx], so my question is, amendments aside, we allow this to happen and then a chatter school fails, and we have you know teams going in to find out where the money went and why the school isn't performing as it should and where did the money go. We've had instances of this happening on this day already, what are the remedies there? Right, Senator Kurts is recognized to explain senate bill 288. This is the PCS as well so if there's no objection from the committee, we'll consider the PCS, and I see no objection. The Senator xx please explain the bill.  We're taking a vote on this at 10.35. Thank you. First I want to thank Senator Sally Randon for all her help with this bill trying to get it right. She is very smart apparently if you're suffering from major medical events such us a heart attack, stroke or major accidental trauma, and are declared incompetent due to this condition, the county clerk of [xxx] superior court, must submit your name to the National Institute Criminal Background Check system. Listing your name with Nix prohibiting you from purchasing a firearm. After your recovery and reinstatement of your legal competency the clerk of court cannot remove your name from Nix. Hence you'd not be allowed to purchase a firearm. This bill fixes that problem after your competency status is restored you can submit a written request to the clerk of court to update your record index after the clarifications the clerk will be able to make changes next required to restore your coronary rights. I ask for your support if somebody else had a first sling to [xx] they might come ahead of them but they would not get in because of the charter schools then the part that's not changed at the very beginning of the bill on that assets got to recruit the LEA. Representative Brown. Thank you Mr. Chair, I've been interested to hear the discussion what happens when an F child go fail [xx] chartered schools have very strict rules that they must meet and if they fail to meet those standards two or three years they'll see lets start at your question [xx] Senetor McGinnis, Senator McGinnis this bill addresses only the clerk being authorized to send to send in request, Technology request in it which the one of the FBI want the criminal background to let someone know that an individual has been restored to competency and is no longer under any type of either a mental of a physical disability, and they're already worried this provision to allow the court to make a determination to restore an individual to confidence. Amendment into a PCS and provide a PCS favor report to

the original bill PCS to the committee on education. Thank you, I appreciate you emphasizing that point. You heard the motion any opposed, the no's have it, the bill fails. Division.  Division should have been called before we took the vote, the vote has been taken. I believe there are some folks in the audience that might be able to help us to answer that. Is there anybody from the clerk's association that would like to It's chair's discretion, we'll call for a raising of hands. All those in favor of this bill, raise your hands. All those opposed. [xx] most in favours, 12 [xx]. Thank you Mr. Chairman representative Brody house bill 799. And representative [xx], and without objection PCS is before you. Is that paid through that we have here. Steph do you have an answer? No any type of [xx] proceedings and processions and actions preceding for incompetency under 35A of the general statute are within the jurisdiction of the Clerk of superior courts [xx] proceedings that come before the Clerk superior court I would say this is an interesting bill we are in the process of trying to pass and if that's successful, I started out this bill with the idea that I want to encourage people to buy and rent [xx] I step back and got a hold of the other contractors do these projects, I reached out to cultural resources, the historic foundation, the [xx] we all talked and put this off, tried to put these pieces all together, and what I tried to do was answer a couple of questions that I believe was really significant in the decision or a contract, or honored to actually step into that arena because it can be quite scary, because basically when you start doing remodeling of older houses, you really don't know what you are going to find once you.   Senator [xx] do you have an answer to the question?  The other thing is that you are dealing with be called probably in general the Historic Preservation Commission whose sole purpose is to make sure that there buildings are finished in a way that they would envision them to be finished, and second barrier, maybe not even at all, is the cost of doing these, so there's a number of things in this here but there's a number of things in here, but I want to address to basing on what I would call this. Representative Brody, wait one second. Representative [xx] At the appropriate time Mr. Chair Go ahead. It's probably time I move for a favor report of 799. I don't see [xx] PCS referral to J2. You've heard the motion.  All those in favor say aye. Any opposed? There you go. The ayes have it. Congratulations Representative [xx] Thank you Mr. Chairman. It was a tough crowd. Representative Jordan, house bill 875, and without objection you have a PCS before you. This is a simple bill. So I think what she's saying is that Nix is a database and it's a way to allow the clerk at the request of a person who is formally confident, maybe Nix had that in their database so that if a firearms request was made they would it would be denied because the [xx] now the Clerk would have the authorisation to notify next t the person that the persons confidence has been restored so that updates the national data base in case they want to purchase a follow up. When a municipality or other unit of local government wants to condemn land outside of its boundaries and outside the county that it's in to going into another county, you need to get the approval of the county commission of that other county. I think, is

there somebody form Nix here today that can answer that question? That you get permission from the approval of all the other county there is a motion from Senator McGinnis If you going to keep it in your mind additional questions in the committee. And that's in my idea that's the cause of citizens [xx] and there [xx] those that we had to [xx] adapt the PCS, unfavorable as to the original bill. All in favor indicate by saying, aye.  Aye! All opposed nay, the bill receives a favor of report. Thank you. Thank you committee. Senator [xx] we're going to move down to Senate bill 419, Senator [xx] revolving [xxx] employment, this is the original bill I believe, Steph, correct? 419 Representative Bowles   Okay, Senator Hykes is recognized to speak on the bill . Thank you, Mr. Chairman, members of the committee, it is indeed a beautiful day to come before the [xx] hearing committee. What this bill is designed to do [xx] in a position of the Senate in the past as well, this would limit state employees who have worked on a contract or licensing for a particular vendor from being prohibited from working for that vendor for a period of of 6 months. After they list the vendors who appied for the contract would have to submit a statement that they would not be hiring employees, or did not have employees that had worked on those contracts or licensing within that 6 months time period, and does create criminal intent if they for if they falsely submit that report.  So I'll be happy to answer any questions. We had a motion from Senator Davis, and we have a question from Senator Jackson. We have the, in the Department of health and human services, we had an individual who had [xx] on the contract for the vendor within the state the day after the contract was signed he immediately left and went to work for that vendor within the state. I could give you many other examples that expand to similar incidences to the Department of Transportation or Department of Revenue. This is a concept that across state government with Same waiting period that we applied to disable legislature for a six month time period before you could begin to work. Questioned Senator Hikes, does it only apply if the state employee specifically, let's just say the a DOT engineer leaves DOT, goes to work for an engineering firm which he knows to be performing work for DOT but maybe he wasn't working on that project, that this bill prohibits them?   I'll give you the specific readings that a lot of attorneys around here that was with coming and it is the individual who within six months immediately proceeding termination of state employment participated personally in either the award, or the management of the state contract with the vendor or made a regulatory licensing decision that are directly applied to the victim. [xx] Senator Davies any other question? All in favour of the bill? indicate by saying aye, Aye! All oppose no. In essence they could have blocked that apartment complex from being built, by telling the city no you can't move back to Senate Bill 83. We had an amendment that was being drafted staff would you explain the amendment? I think the members have a copy of the amendement the amendment would address Senator [xx] to [xx] it would not be limited to the District Courts, but Okay this time this bill, we will move it to Monday and continue this discussion. This committee is meeting on Monday at 3 O'clock, look for another [xx] today, and Chairman Davis will try to make an announcement on the floor today also. This meeting is adjourned. objection be there to the Superior Court Judge or District Court Judge and the Judicial District and the amendment would make that change in both the provision regarding the registrar the register of deep provision that the amendment found at the bottom would indicate that it would be a superior

court judge at the respective county though it would make a mirroring change just ensuring that at the proper judge with the appropriate jurisdiction in the action makes a determination as to whether or not it's a fictitious filling. Okay, Senator [xx] moves to amend the bill, Senator [xx] ask any questions about the amendment. All in favour indicate by saying aye, Aye. All oppose no, the bill as amended is before you, further discussion on the bill as amended [xxx] Mr Chair, we'll be [xx] happy to do that, but again under the law, a person includes a corporation. I'll look into specifically is there is any difference between that and an LOP or a trust? So what I would like for you to do Jean, is just following today's Committee Meeting, send an email to the Committee in writing confirming that's your opinion about the bill. Any other discussion? Any questions from the public? Discussion from the public? Alright do I have a motion from Senator McKinnis to give the bill a favorable report? So the motion is, that we give the bill as amended a favorable report. It will be rolled into a new PCS and unfavorable as to the original PCS, I think. All in favor indicate by saying 'Aye. ' 'Aye. ' All opposed 'No. ' The bill passes and thank you, Senator Bingham. Thank you, Mr. Chairman. Once you stay here Senator Birmingham you have another bill on the calender. Alright  let me get my information. Senate Bill 378, increase punishment in case of a misdemeanor death by vehicle. Staff, why don't you just start by explaining the bill unless. I've got copies of, this is the birth certificate form some of the serving citizens where this last bill was just resolved. I'm going to pass this around. Everybody can get a copy and look at it so you'll get an idea because you'll probably be seeing some of these in your district at some point in time so thank you. Let me just give a brief explanation of what this is about. I had several folks and this is something that I've never done, it's to increase apparently. Normally it's decrease or expungement etc, but at any rate this is the case of death per motor vehicle in where today, this young man, he was sitting at a spot light on the motorcycle he had a stellar background as a veteran and extra. It was just amazing and anyway, this lady rear ended him at 55 miles an hour at a stop light. Didn't mash right killed him instantly and he had nine other convictions and the judge that only gave her maximum of 150 days and what this is going to recommend that we created you a [xx] for aggravated misdemeanor by vehicle the judge was very sad that he couldn't do more because of what happened and I have had several other people contact me across the state and they have run into same issues to the [xx], I've also spoken to other judges who couldn't agree what this is about. These allows the judge to give the perpetrator [xx] no more than one year, but at least not 150 days suspense, and that's what happened in the first case, and so that's the reason I'm here, is because I feel especially in cases where someone has constantly run traffic lights et cetera and in a case such as this, kill someone and the judges aren't able to a serve justice in my opinion.  Mr chairman I don't know Need to explain that further Jane. Any questions Jam why

is impaired driving curved out in subsection four Jane? [xx] curved out is two and four Okay, while they are looking at that, let's ask the next question to Senator Barefoot and then Senator Smith Okay let me explain that in the previous bill we dealt with false filings related to [xx]. Senator, this is an example of something that dealt with a prior bill Senator [xx] passed earlier in the session that dealt with false birth certificates. So it's not related to the lean[sp?] bill but Nevertheless. [xx] Yes, thank you Mr. Chair I 'm really sure understand the impact that this bill so with the period on the section 84 statement  for line 20 within the seventh year period, so hypothetically, if I got two speeding tickets five years ago, and maybe in additional, our two speeding tickets may be a failure to yield to the right of way. that's the third ticket that I got within seven years, and I come upon misfortune and someone is injured in an accident and I caused that injury, I caused the death. So would that classify me for this felony summarize, the question is. Let's just make it simpler, you had three speeding offences in the last seven years. In this instance within seven years you speed again and cause person's death by motor vehicle. So staff[sp?] answered the question what is that it will depend on, if this is the law specifically the state law or local ordinance, so if you had any violation, if you did have convictions for previous violations whatever they wore if they were covered by state law or local ordinance, then those would count. so let me follow up with that, so does this include [xx] of improper equipment this would be violation and again I would have to go through the traffic laws, but it doesn't specify [xx] like [xx] it says laws for ordinance and it depends on the various ordnances that apply to traffic expenses that may not be in other words the citation may not be issued, may be issued for a violation of the local ordnance depends on whether or not there is the local ordinate. I think what she is saying is we are opening up a upper pedal box and we are not sure what's in it Okay. So Senator Bingham do you have a comment? Well what I would like to do this case the judge authority, there are going to be the ultimate decision [xx] but if we go with point our serious citation, I'm proud of that I don't want somebody having some parking ticket or something to be considered as example I have given this person had six paid tickets and two reckless drive. So what I think we should do chairs this place is bare the tool reschedule it for Tuesday and if you can work, Senator Birmigham to narrow it to where it would be that could be improper lane change I don't know that that's what we're intending here. It's more like in the reckless driving, excessive speeding type of thing, so Senator [xx] In that particular case that you're talking

about and the [xx] brought felony charges ans evidently he chose not to move that. So there's other provisions that already allow for felonies OK. And then if I may just answer Senator Brown's question because it impairs driving a sentense of separate offences, so they're clogged out because they're separate offences that deal with DUI Of course you can be charged with murder for a DUI if you kill any [xx] Alright So we'll displace this bill till Tuesday and see if we can work on it [xx] thank you. As our final bill, 578 OK, so Senator Barringer is recognized to explain her bill. This is the original bill I believe. OK, yes. Senator Barringer Thank you Mr. Chair. This bill came to myself, Senator Hiss and Senator Tucker form the Department of Health and Human Services as a request and it is a good request. What it does is it places in the division of Child Development and early education part at the DHHS, the sole authority to investigate child abuse and neglect in childcare settings, but it's happening now is there are two investigative groups, the local DSS and DHHS, and we even have a court of appeal case that says that the Department of Health and Human Services needs to do the investigation. So what we have is a duplicative effort, that is, it can cause a problem and that they may not even come into the same conclusions, and in enacting this Bill, this will streamline the process, make it better, and also DHHS is ready to take it on., So we're not going to have a delay in those. Senator Davis and Senator Cook. Thank you Mr. Chairman, I would like to move for a favorable report at the appropriate time OK [xx] have agreed that two parallel investigations duplicate the effort and this will make it far better thank you. OK, hold that motion thank you for your comment Senator Cook. Alright. Senator Davis [xx] thank you for bringing this.   OK all right any other comments from the committee, questions from the committee?  Question from members of the public or comments from members of the public? Seeing none all in favor of senator this is the motion please indicate by saying aye.  Aye. All oppose no, and thank you very much. That concludes our business for today Thank you I like the way you explain the bill