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House | April 29, 2015 | Committee Room | House: Judiciary IV

Full MP3 Audio File

House committee on [XX] will now come to order. We have a few bills on the agenda and just to clarify, we, the notice that we sent out yesterday had five bill son the agenda, one of those bills, house bill 829, has been rereferred to another committee I'm sure we are not be taking that bill today. Before we get suddenly to avail when it takes a moment to recognize our surgent at arms [xx] and Joe Austin. As always, we thank you for your service. Second thing I want to mention is we have pages here today, pages if I call you name just raise your hand so we know you are. Predson Ponder all the way in back. Savannah Shoki, enjoy your wake man. Great to have you with us. Thank you for your presence. one quick set of House Keeping before we get started, I want to make sure that everyone is aware, about the occupancy issues in the you are welcome to take a seat, if there is an open seat, if there no open seat for you to seat in we going to have an action to step out the spot for occupation the key issues and crowd issues, so if you have a question about that, please see one of the Sergeant at Arms, but we thank you for respecting that issue, for the clarify unmanned aircraft law, presented by Representative Torbett, Representative Torbett, you're now recognized to describe your bill. for you. Welcome to [xx] that's when you were supposed to laugh but definitely being good. Thank you so much, your transportation project will be online, anyway, ladies and gentlemen we have talk about house bill [xx] by an aircraft system. If you were with us, fortunately, with us last session, we addressed an oncoming industry called unmman systems and unmanned air systems, and as you follow this at all these other [xx] has been applied for this for over a decade actually and it's just now that here starting come up with some operational, are you okay so let people start developing use of this pro commercial application. They're actually to the point now that if you're a commercial or want to be a commercial user, you can submit a request to the Federal Aviation Administration FAA and become exempt. Which means you could actually go fly one of this in your commercial operations. So they're becoming more and more prevalent in the landscape out there, and if you follow the news, I dare say that, rarely a week goes by, I don't find a real story about someone else having something to do with unmanned system. So last year we started looking at what do we need to do to protect the most most prominent and valuable asset we have as citizens of North Carolina, the issues I had brought to me were their safety and privacy and security, and so we took steps last year to initiate the oncoming effect unmanned air spaces may have on our general North Carolina population. That means that we address some things pretty specifically. We look at the laws currently on the book that would have been applicable, we address those we had to add a few more that weren't on the books, to finely discern things related to operating in an unmanned air system. Then of course we had to do the split between what is government used and what is just commercial use. Let me start there for a second make sure everyone out there understands. Today, it's against the law to operate an unmanned air system for commercial purposes. period unless you have received one of those exemptions from the payroll aviation administration that's the only way you can operate commercial that being said the law last year thrilled some specific relative to operational thesis of  unmanned systems and then about mid, mid The Federal Aviation Administration, released a 95 pager, if I remember correctly, pretty much addressing some of these issues, and people have been waiting for this issue for many many years, and I finally released it, and it's an effective document now and so we took a leap journey in the room and went back to our bill, and so okay what do we need to tweak in our bill to still make it run parallel for what the palliation effort is. One of those things the bill is addressing is we instituted last session. If you want to think of it as a drivers license, you know how you go get your drivers license you've to take a written test and then you've to take a drivers test.

We implemented the same type of scenario in unmanned system for you have to go take a knowledge test as the step to learn what the rules of the road where, and then go prove your operational capability with the actual flight test. The Federal Government said they're going to handle the licencing, they're going to take care of that. So we removed them the licencing plates, so you would no longer have to do that for Commercial Activity, when they become based on North Carolina or you have an exempt status with FAA. You all have to do that if the same thing goes for government agencies. However, you still have to receive a permit in North Carolina, and the reason being, the reason being in today's world to have a permit in North Carolina is that the FAA does not have policing, they don't have a police post, they can't here 50 States have untold quantities of unmanned systems out there inadequate place. I'm not the bribes bob in the box but that tells me if they don't have that, that it's going to fall on our local sheriffs, local police department, [xx] it's going to fall on the people that state has got boots on the ground everyday of the week so to do that we thought it best to have a permit so we know who is operating those in United States. And that being said our placing authorities would have access to that and just through the permitting process, very similar to driving a car once again. so we're changing a lot of things, we're doing away with a lot of things. We're saying you do have to have a premier so to be able to file operationally in North Carolina our management system you will have to apply for a premier understand the rules of the road as laws pertain to operation used inside the territorial jurisdiction of North Carolina. And you understand that and the State feels certain that you do. Then pretty much you can [xx] a permit and go bank your business, another change we did we noticed a technical correction need to be made after we did initial bill last year. The intent was to do it in what's called in rally a tech correct or a technical correction. Piece of legislation that typically comes after everything else is being done and we notice the errors or flaws and access we had taken. So we had it plugged in ready to go in the technical corrections piece last year, and if you recall, if you're here last session, you were called whenever it had a technical correction pace, so that didn't get done. This bill applies to [xx] be able to hold what was out there for a period of time and it basically states that Chief Information Officer to grace State of North Carolina, until the test and the qualifying pace to receive a permit is in place that the Chief Information Officer in the State North Carolina can give you the authority to go out of class or not give you the authority to go out of class. It's not that we just had to feel that whore until inside guilt aiviation comes online with that other permitting process, and it takes a lot but we're working purposely on it. And let me see if there's something else out there, we've attested the [xx] we have the [xx] instead of 18 to be able to go and operate [xx] 895 page the doctrine said 17, so we are going to 17. If they ask to find people that operate this US based are not as pirates, they posses a [xx] operators, so to become an operator of UIS in North Carolina you cant be 17 years of age, once you have a promient, and I'll say what else Any question Madam Chairman? Question from Representative Hagler.  Thank you Madam Chairman, couple of questions If you indulge me just for a few minutes. The permit for commercial operation Representative Torbett, I'm just trying to think someone who lives out like I do. In the woods. You got to go to nowhere and keep them going. How would you obtain a permit if you live not in Raleigh and not in Charlotte? Mail in permit, or what would you have to do? That's one of the concepts that's being developed inside Madam Chairman, move for a motion at the appropriate time. Representative Richardson. Yes, I have a question and it may be proper here, but on page two Representative you're referring to valid licence or permit. I'm sorry dear, would you repeat

the page Page two under section 4 I'm seeing page 136 and in line 51 [xx] That's a very good question. Thank for bringing that my team should now look into it map and map one paper one of them is, I look at that line 39 and 51, but yes we're striking a line licensing language [xx]. Thank you for bringing that to my attention Representative Becker[sp?] Thank you for the section to privacy of the citizens of North Carolina in the interest of transparency will the C. I. O release information about who the weavers are granted to I would see no ways of man not to actually I can't give standard not being the C. I. O, but I can imagine the reason that they would not unless of course he's dealing with such things it might deal with National Security. In that relation I follow a question have had a follow up consensually, there was worry because they believe that there has been waver or the blackwater and North Carolina and I don't know more about that could that be a type of security? more york, more york Thank you very much. Some more york. We do have some area that we can go, [xx] Further questions from the committee, Representative Adam are there any limitations on the size of the vehicle this people could fly? I'm thinking it's under 55. I couldn't read if it's 50 0r £55. [xx] insurance, for the operator to operate the vehicle? [xx] Representative Hager [xx] gallons of fuel [xx].  Representative Willingham. I had two questions but one was answered. Who was certified person to fly these things? You're talking about having a life so why can't you just apply for it rather than go through some kind of I'm sorry, Madam Chairman a FAA certification will be issued by the Federal Aviation Administration. What the state would do would simply provide a permitting process to make sure that you, having received you FAA certification, you may be from Saskatchewan, but you would know what the rules of the road in North Carolina were and then be issued a permit to go actively participate. Are there further questions from the committee? Rep. Hager is recognized for his motion. Thank you, Madam Chairman. I move for a favorable on House Bill 4, going through the full [xx] for this, it looks like? Yes, sir. You've heard the motion. Rep. Hager moves for a favorable report. Is there a discussion on that motion? All in favor say, aye. Aye. All opposed no. The motion carries. Thank you, Madam Chairman. Thank you. Members, we're going to move ahead to another bill that hopefully will be pretty quick and deal with some of the other things we have on the agenda. We're going to move ahead to the enter the agenda to house bill 548, Representative Stunt, you want to come forward, there is a PCS, you have a motion to have a PCS before us, open the motion we know that we have the PCS before us, is there a debate on that motion? All in favor say ay.  Aye. All opposed no. The Ayes have it. Representative Sam. Thank you Madam Chair, and the three other primary sponsors are members of this committee, Representative Brian, Hamilton and Bishop, we hope to take five minutes on their script, let me explain what we'd like to do. This is intended to be a weak application of existing law that is all jumbled up in all over the general statutes. It's also intended to be consensus and not changing policy. That consensus is not arrived yet although it's closed. So what we would like to do is first of all adopt a first committee substitute that gets

us the 100 page bill that is closer to consensus, and is that not available? Are you going to, or this is just a steady thing? The actual big bill. Okay. Right, and then there's really a separate PCS. Alright, yes. This is a little complicated but it should just take moments. The first PCS is the big bill, 100 pages long, but you don't need to look at that today. That's just so we can have it on a website somewhere that all the stake holders can look at. Then we ask the next motion to be a second PCS that sets up a study to report back for the 2016 session, and there is one technical amendment that someone will be offering on that. So if you can follow that process it should take five minutes. We don't need to get into to the merits of 548 to do that. Chairman. Representative Bishop[sp?]?. I have a procedural question after that, which is, if there's a motion to report favorable to second PCS which will be. Will that be unfavorable to the original or not? I'm going to defer to Zack on this, It'll unfavorable to the original bill that we've introduced. Representative Tobit Okay.  I understand that gentleman from Wake is asking us how to mind up working. What we have now before us and I would ask you to correct me if I'm wrong is we have the PCS, the community receive two PC S last night. The first is what you see that's up on the website on the committee web that is the P. C. S that's the proposed revision. There is also a second document that the school [xx] provided that's got few notes that are explanatory that's before the committee, for your reference, for your discussion today but what the committee is going to take up is actually the copy that you have which is the second piece here which is a study and that's what the committee will actually vote on. Is there discussion on that? Well explained motion P. C. S of the State. Representative Brian is recognized to send forth an amendment. [xx] you should have, this is should have been passed out [xx] H548H-18 version 1. Representative Brian. Yeah, just to this goes to the actual PCS that we'll be voting on today. So the first one is just what we'll stay up on the internet for everyone's reference. There's a PCS that you will vote on which is turning the original bill into the internet for everyone's reference into a study bill. So all you're going to be voting on is making this a study bill, just to make that easier. This is an amendment to that proposed study bill which if you see that there's some [xx] just for your reference. I'm sorry, this is actually the actual bill the proposed. If the numbers on it are 8548 CFCH-17 version five at the top and we've got a list of membership for the study committee basically, and the amendment before you'll see is just changing in section one c from a humble recommended to a representative of the home boarders just they can send a representative if they actually having an actual hand voter on the committee. Very simple. Amendment and I hope you'll support it. Are there questions for the amendment? Representative Bishop. Do we need a motion to have at PCS report or it has been done? PCS, a motion for the PCS for the study to be in front of us. You've heard the motion. All in favor say aye. Aye! Opposed no, motion carried the PPS is properly before us Representative Richardson. Thank you madam chair so on the PCS is the only area that this council could study or [xx] we are talking about [xx]. I think that

that question will direct to staff [xx] Study will inform any of the issues that are raised in House Bill 48, so it includes this this that are in current law. So will not be additional things [xx] we are going, questions on debate on the amendment, specifically, representative Stepha [xx] do we already on amendment to make this statute correct? Yes at some is easier to the whole past PPS in conversation that So you should be looking at the actual PCS that we're going to be voting on today. Which is [xx] Version 5. This PCS, turns what you originally so if the bill for the discussion a week or two ago into a study bill. What I just offered you was an amendment to this PCS to describe [xx] who wanted  one of the members of the study committee would be. To alert the bill representative as opposed ask for home daughter so we're voting on the amendment is a slight revision to the study committee for that. Made it clear as much. Question Representative Topeka. Thank you very much Madam chair. On project [xx] we gave my question is to either calculation [xx] of collective data to become [xx] Yes, there will be a study created. But that's period, that's it, no nothing else. Representative Terry. Thank you Madam Chair. Quick question, the big little words the statute [xx] are the same in most instances but do contain some difference. Is there any place where the differences are? Steph You can answer that. That is 100 kb than laws that we are not the one's going to pay but just want to thank you. Any questions on the amendment? All right. Representative [xx]. [xx]. You've heard the motion, all in favor say aye, Aye! Oppose no, the ayes have it and motion carried. The amendment is adopted and back to the PCS, for the study and are there further question to the debate on the PCS? Do we have a motion? Representative Hagers recognized for that motion. [xx] I move or the favourable or PCS to House bill 548 as amended committee substitute and unfavorable to the original bill. Thank you. I think that's correct. You have heard the most in here motion, all in favor say aye?  Aye! Oppose no?. The motion carries, thank goodness. there, right there. Wow I thought we were getting into a [xx] alright we're going now to move to House bill 460, Representative Wayne there is a PCS for this. Do we have a motion to have a PCS before us? Representative Hager is recognized to have the PCS before us. All in favor say aye. Aye oppose no. The ayes have it. The PCS report will move forth, representative Warren you're recognised  thank you madam chair and thank you committee for taking the time to hear this bill. This really, really, truly is a very simple bill. It simply says excuse me, potential endangered by domestic animal, state cattle persons

or wild animal, they can include proper alarm and enforcement agency. If the incident happens within a county then it would be the county's sheriffs department if it happened in the municipality, it is the municipal police force and now will give you, receiving that information would act upon do investigation would be important put this behind us, this is where the report to be used as evidence in any civil or criminal trials permitted by rule of evidence. The bill just asked me to include the memo which is to vary at the PCS yesterday and I was to require law enforcement to the Local Health Authority in front  of  domestic animal bite to local health so that they can properly lay control measures if needed, and that is there's a few amendment which I pull indoors. Representative Black Moore you're recognized to explain your amendment. Okay I think everybody should have it. This is technical in nature and I think we need to do this probably before the adjustment of the bill. The amendments there are all these municipalities in the State that do not have all the support. So therefore, what we are doing is re-wording it to make clear that if an incident that would otherwise be reportable occurs in one of those municipalities and there is no coincidence, then they will report it to the county police. Any questions on the amendment? Representative Richardson. We are on the amendment. Any questions on the amendment? Representative Tesha, [xx] when our police force was at ease [xx] I think it's, I think [xx] forwarded to the county [xx] on duty at the time, but this I guess just clarifys now believes in the question, [xx] Katie please help me. Well, otherwise the employees that are not sometimes on duty, there are towns that don't have no police department, so that nobody on duty ever [xx] you for report. Follow up? follow up. This is not [xx] if you don't have a municipal [xx] then the Sheriff's Office automatically have jurisdiction, as a matter of law Madam chairman I think that's correct, unlike the bill is specifying that you do things in a certain way, so we'll [xx] allow for that Are there further questions on the amendment? We have a motion to adopt Representative Haga moves that we have several report of the amendment. All in favor say, aye. Aye. Those with no. The ayes have it and the motion is adopted and we back on the bill Representative Bishop. Thank you madam chairman, and my question is, it looks like a mandate that every time there's a reported animal scratch that there  be a written report, and I don't even know if the police report is in every essence ever go through somebody, I know in Charlotte whether they come out to your house is kind of an open question at times. If that was and if compound to be good, what could be the cause of mending the police forces throughout the State? Okay personally I don't know the whys or nots but to your point, actually we've been talking to the sheriff's department and the AFs from Sheriffs Association. One of your law enforcement is not required to write a report or not even required to make an arrest, so I'm working with them on language before we go to the floor on the May and the shower aspect of it is, one of you poited out earlier on big word So that would be correct to do when there's a lot to do for that. Again the problem and reason for the legislation Representative is that when these are called in, typically, animal control is called out rather than police, and so responsibility is an [xx] through that, and as far as cost is, it's all in the cost of normal duties Representative Richardson? I'm seeing the domestic animals and the purpose of [xx] on a criminal case, but who will be liable in the case of the wild animals to [xx] [xx] It wouldn't be a liability for say, for

that or responsibility for the animal but the report would come in handy and short cases, things of that nature. Yes. Follow up? So you think for the purpose of the insurance company we have that information? the victim, I should say to have that.   [xx] Are there further questions do we have a motion for favorable report for the PCS? Representative Zehtser you're recognized [xx] We have a motion of Representative Zehtser moved, for favorable report, the proposed committee substitute as amended rolled into a new PCS favorable to the new committee substitute, unfavorable to the original bill. Is there a [xx] I don't believe so, I don't believe so [xx] he came here from another community I believe [xx]. I put in a motion, is there a discussion or debate on the motion? All in favor say, aye Aye oppose no No The ayes have it thank you     All right, final thing on the agenda here we have house bill 881 [xx] alias [xx] summary ejectment. We do have a PCS for this, do we have a motion for [xx] PCS properly before us representative [xx] of PCS report on favor say Aye? Aye! Oppose no. The ayes do have it. PCS [xx] Representative Jordan you're recognized to explain the the PCS.   Thank you madam chair members of the committee. When a tenant doesn't pay their rent a landlord can file an action for summary ejectment and money owed for the back rent due. [xx] the letter sent to the tenant with the court date and the Sheriff is required to serve him sermons within five business days. If the person can be personally served the landlord can proceed in court to request an eviction and a judgment for the money owed. While typically though the summons is posted on a tenant's door, although the landlord can proceeding court to evict the tenant but may not receive a judgement for money owed since the tenant was served personally. In many of the large counties in North Carolina There is a delay in the time, the eviction hearing is held and sometimes weeks go by before the eviction is granted. Now I know that a lot of you've been approached by your sheriffs some have been around the legislature opposing this bill. Due to their concerns we prepared this PCS which raises the population level to 200, 000 and we specified this process is available only for the posting part of the notice, not for the personal service. House Bill 881 seeks to address these troubling issues for landlords. The first part of the legislation would biprocate the two actions so the landlords could move quickly to evict and then choose to keep the lawsuit open and seek personal service to the summons so they can get the money owed portion the law suit. Only one action will need to be filed and this will give the landlord flexibility to make business decisions that makes sense for themselves for their companies. The second piece of legislation addresses the delay and eviction hearings and will allow private process serves to post the Summons on the door of the tenant, notifying them at the law suit and the court date. The ability to use a private process server will be limited to the larger carriers while large portion is already overboard and the lace have been a major issue. If I can give for example, in 41.2% of the cases of 2014 and 2015, Solicitor sheriff was six or more days which violates the rule for the rules and the procedure 41%. Every extra day the concern here is every extra day after five, that the services delayed, the landlord looses one of these, approximately $40 per day in the larger counties. And even those cases where the clerk of court schedules the hearings later, it's due to a history of having reschedule due to late service, and the clerk is avoiding multiple schedule changes. Private processors services are not new, not even in North Carolina. Most of the states, more than 30, allow private process servers and use them regularly for service process. South Carolina, Virginia, Tennessee, Florida. In fact, North Carolina, in nearly every civil matter, other than summary adjustment, which is eviction, North Carolina allows the use of private process servers for personal service, once the Sheriff has attempted process and failed to serve the defendant. This includes highly contentious matters such as divorce or child custody cases. So that's all you're allowed in rule four process, 4H and H1, it has returned unserved. Due to the economic reasons we want to have this bill. Approximately 10% of North

Carolina department lease contractors, resulting to Lessee becoming delinquent and paying rents when it's due, about 10%. Housing providers are not eager to evict residence, but eventually they need to take legal steps to reclaim their asset to minimize revenue loss. After filing a complain of some rejection or eviction, the housing providers depended on the County Court and County Sheriff to coordinate on the delivery of timely notice to delinquent lessees to bring about the court date before the County Magistrate and everyday the process of [xx] delivery is drawn out and exceeds the statutory mandate, it's a significant business expense that ultimately hurts housing affordability. Average my is got nine $900 per month so every dollar sluggish summer reject on that delivery they ask for fine or equals about a $30 loss for the property owner. On average, seven days are lost when the case is continued fire and chase data company I always see it's based on 2014/15 numbers, there are great losses and estimate for example Mecloneburge. With 23, 249 summary [xx] cases, it's 3213 or so late that's $30 a day for seven the potential economic loss to the landlords and businesses at $674, 000. Add More stand ready to ask any questions? Madam Chair. Yes add more to responses. Representative Bradford.  Good morning I'm John Brad. Perhaps I just want to speak for a few minutes on this bill. Outside of my job as representative I actually own a company that manages thousands of rental property so I really understand this issue the spill of this bill is not intended in any way to have a negative implication on our shares because I'm in Macklemore county. I spend some time with [xx], our sheriff. [xx] who already is our sheriffs are doing some fabulous job and for that they should all be commended. The reality is not the Sheriffs per se. That is not it at all. The culprit a market that is moving where more and more apartments of this bill renting is becoming a lifestyle with more rentals and more mobile families in these counties will only going to see this particular issue of adjustment summer actions continue to increase and  in cases where landlords are footing the bill the're paying mortgages and for every single day that a proceeding is delayed it is real money to a landlord and all we want and all I want I think also want is to make sure that accountability standards are held and the [xx] since the accountability standard is for the tenant because the tenant is the one who is winning, they are not paying their rent and for everyday that's lost through delayed process is another day that the landlord loses. So this process, while the sheriff even in Mecklenburg county, they meet the statutory obligation and they do that. The challenge is the courts are scheduling the hearings later and later to accommodate that and that is where we start seeing a problem. I can assure you that my company, as big as we are, we have no intention necessarily using private processors, we will continue to use the good sheriff of Mecklenburg county. There are instances there where I know landlords who would want to use private process service and that is where and why I supported this bill because it gives that to allow that to happen happen and as for that reason alone that I encourage your support of it, I don't think the impact is going to be as big to the shares as they may think it will And because of the company my size, you can look in the eyes and say I will embrace the shares to keep doing it but we want to have the union narrow ability, to engage a private process server if we need to, in fact it's much things about way to that, so it's to my interest to keep using my share. so I think that's a very good point. So I just want to comment on it, thank you to all the shares for being here, we appreciate your passion and I don't want the spirit this bill will to take away from anything because I'm on your side, I just want to create another alternative to keep things moving faster when we see it starting to get the bottom neck, thank you. I just want to briefly make some comments not very much that I can add that has not already been said. I do support this bill this's something that we need to move on and support I'm sure and certainly don't want them to think that this is something thing that we're doing against them. But this opens up the doors to other options and have some little property and I'm not quagmire, I'm just a small individual with some little property and it understands how important it is move these process on and it gets to slow down in the very begining and it slows down the whole process and right now now it can take up to two months to gain access to property. Going to the entire process

and I have been through that process and I know how it can be delayed, and this is just giving the landlord another option to be able to speed up this process and we did some legislation a couple of years ago supposedly to move the process alone and this portion of it was removed from the registration and it processes it not that any better and I have spoken to my sheriff who I have supported and I have worked for him on election and this is something that needs to be done in our I appreciate your support. Members of the committee we are going to enter a very brief time of pull a comment we have to be here in about seven minutes so if you were here I know that their're folks who have come out to speak in favor as well as in opposition to the bill we've really only have time for about maybe two members from each side and about one minute each so if you're here to speak if I can speak on the bill, please come forward now, and again I would just ask for two individuals from each side, there's a microphone at the back and if you please state your name and your organization for the committee, thank you. Thank you Madam chair. I'm Eddie [xx] with the North Carolina Sheriffs Association, here on behalf of each of your sheriffs, and I ask you to vote against this bill for a couple of reasons, first off the change in the population doesn't affect the Association in the sheriff's opposition of the bill, because ultimately you know how legislation works, you get it in 200, 00 and you'll be back looking at 100, 00 and so forth. I'm concerned about the members that have been provided to representative Jordan, I'm sure he relates them correctly as to what was provided to him, about 41% delay, but in Mecklenburg County the sheriff tells me that their rate 98% or better. He's here, he can certainly address the numbers in Mecklenburg County. I think Representative Bradford said they we're serving him in a timely manner. The delay when we've looked into it has been in the clerk's office. In Wake county, we got this allegation that they weren't being served in a timely manner. For one law firm in one year, the sheriff's served 9, 593 some readjustments and they were only late in four of them. In Mecklenburg County they did a one quarter a three months test, they served 11054 papers, only 55 level were not served, and none of those were due to the interdetention in the share office, they will be recalled by the plaintive for the head defective information and I submit to you that that record is better than I and so will get this allegations that the sheriffs are not serving them, but if you can ask any sheriff in this room or you can ask your sheriff their data shows that they`re serving many times in a month. When you turn this over to private folks, right now you have sheriffs doing it they`re accountable to the public they can be held a accountable the private folks You know there are no standards in this bill for process servers. Anybody can do it, and when somebody shows up on your porch or somebody else's porch to serve them papers that tell you Thank you Mr. Coblow. You could wrap up your comment. Yes mam. That they're going to throw you out of your house. It's better to have a sworn law enforcement officer who is under an oath to perform that duty in compliance with the law thank you. We are going to move, If their is someone here in favour of the bill if someone wants to speak in favour of the bill. Thank you and again if you could keep your comment to one minute thank you. Absolutely thank you my name is Coling Sonica representing department of association and we've been working on this issue for many years and I think there's little disagreement understanding about the time frame, and when the sheriff say they are serving on time, they are serving at prior to the hearing. What's happening is the Clerks are setting it out order beyond the time they are supposed because they can't get it served in time. So, you can say we are serving on time and the hearing is set out two or three weeks, but that two or three weeks is vital for our folks to turn that property over and get another tenant so I think that's why the numbers were different. I understand Representative [xx] has the numbers from AOC, and they keep statistics on some of the files am told so that so where are getting those numbers. But, we would appreciate your support, this gives our businesses an option that they don't currently have and if they can't get the service they need from the government, then private companies should be able to do that. They are doing it now, we've met with those private process servers, and they were very professional, most of them are [xx], thank you so much for your comments, I know there, I think there is someone else who would like to, thank you. Good morning, my name [xx] there is a black eye in the [xx] and also the President of the North Carolina Sheriff Association Now I can tell you in [xx] county and I know in the other counties that we have throughout North Carolina we all worked very hard to get every process served and served in time and in a manner I'm sure be very concerned when it comes to this type of moneys issues an we try to through this paper personally in

order we can get this money judgement, I know that is being addressed, that aspect is being addressed in this bill as well, but another thing to consider, we talk about lack of standards, lack of certification that's type of thing for process all those. When you go in the to kick personality of the house in the initial sermons, I'll give you a real life example from [xx] county. One of our deputies goes out to serve the notice for the sermons just for the hearing not to kick person out of the hose but just a notice lady comes to the door, deputy informs her wife is their, she goes out again she says, I'm going to kill myself, my husband doesn't know anything about this, get financial situation to herself then she looks at the deputy she says   [xx] your comments I'm not going to kill myself, I'm going to make you kill me, you will realize situations a lot of this folks to pick me in crisis, we have tremendous [xx] health issues across our state and this we don't think it's a good idea for private processor to be taken on this type of issue, thank you. Madam speaker, thank you. Thank you Madam Chair women committee commitment bill [xx] my name is Katy Thomas I'm representing North Carolina [xx] and we have appropriate measures to deal with some adjustment all the time and this bill yes you are putting someone there to post a notice to the door and it's not unlike other processes that we already allow and much more contented situations such as divorce and child custody hearing, so I would ask you to please consider that as a safety measure, I also would like for us to really start recognizing the value of our sheriffs and understand that they have more important things to do than post the paper to the door and a lot of free market system where we can have a choice on how we operate. Thank you. Thank you Ms. Thomas. We have a very short amount of time for a questions and question from the committee either representative Waddell. Thank madam chair I appreciate the public comments here I just want to say I fully support this bill and its a good idea provides I needed [xx] in larger communities where they're having trouble getting these things done on a timely fashion takes that thing away from our sheriff's department or the clerk's office recognizes people are loosing money. People are loosing the value and the free use of their property and the time of delivering the paper work has come actions need to be taken. The more that's delayed the more revenue is lost to people who hold the most of these properties. So we need to protect property rights in this case Thank you [xx].  Further questions or comment? Representative Willingham. Thank you madam chair. I have to question Well, how many cities do we have that still want a thousand awards? where can I start for them. It's counties and the counties are listed on your summary on the back page but I quickly say them. They are Makenburg that question anyway because, what I'm asking is this is just like a local bill to me. It's not going to my county, the county that I got two counties I going to buy 200, 000 people in those two counties so I have just asked the question. I'm going to support the bill because I think it's, I don't see any harm in what you're asking for, I just think that maybe at some point I don't know maybe it would be a such a big cry for if it will be supported those files we were looking at it and sometimes [xx] I don't see the reason why ask me to make a decision really when it comes to support the bill. One minute [xx] The individuals that probably won't come in [xx] what kind of train do they have as direct and your part of profits xx, what kind of training do they have to the few situations they are not, because I did law enforcement is straight. If went up to the door I wouldn't be, but my family has quiet kept so I'll view this different. We are not involved. Thank you for the question Representative [xx], because this is just posting, there's no specific train program in place, it's the choice of the Landlord, who to choose, and of course this since is affecting their business interest, they are going to have people that behave prudently abide by any requirements that they set out as a policy for their company because they are representing them publicly, and if

anything negative happens it would reflect directly on that landlord or that business. Representative Johns, I will pass xx. Representative Richardson. Yes I would like to ask if the bill sponsors who will be servers be bonded or insured and who would do that to ensure that is something happens to them or lost vote against them and who will be responsible for that kind of liability? That's it and thank you, Representative Richardson. As I said to Rep. Setzer, it's going to be the choice of the landlord who to choose, and they can now if process is returned unexecuted, then the plaintiff can choose anyone that they want  not less than 21 years of age, not a party to the the action, not related by blood or marriage to point to the action, order a portion upon him services to be made and that's current law and the rules of civil procedure. So the trainer will choose whoever they would like and set whatever policy they feel is prudent for this person representing them in the public. Representative Johnson. Thank you Madam chair, the question I have as occur two different sets of numbers and [xx] come back to the issue about the [xx], have we got any information on them? stay on the job when they are requested, and the other one we said in allowed when they are requested. Something about 98% of those gone to the residents. Thank given the question Representative Johnson, I think what's happening is, sheriffs are talking about numbers that were not executed at all. We are talking about anything that is six days or longer that is late. The rules of civil procedure shall be done in five days. The crazy Brandenburg from the areas see  numbers for 2014 and 2015, 41.2% are served six days or later. So they are late, and every day that is late, a landlord loses that day of the rent. Yes. Very, very brief follow up, we are out of time. Okay, so the question is very often they are scheduling the further because how long process takes in their particular counties and they don't want to have to re schedule a hearing over and over. Due to the hour, I would like to recognize Representative Brian fro a motion. Thank you Madam Chair, in view for a favorable report, we PCS for house. Thank you representative Brian for the motion, all in favour say aye. Aye! Oppose no. No! The Chair cannot tell. If your in favor, please raise your hand. All in favor say aye The ayes appear to have it. The ayes do have it and the motion carries. I'm sorry. I'm sorry I didn't know this was an official part. My apologies. All opposed please raise your hand. The ayes have it and the motion carries.committee is adjourned.