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House | June 4, 2015 | Chamber | House Session

Full MP3 Audio File

The house will come to order, members will take their seats, visitors will retire from the chamber. The Sergeant of Arms will close the doors. This morning's Bill will be offered by representative [xx] Members, as well as guest in the house you're asked to please stand during the prayer and remain standing for the pledge of allegiance, represenative [xx] Thank you Mr. Speaker, let us pray Oh God from whom all power comes, by his divine will almost abide, we thank you for a civil liberties and freedom, for opportunities and our privileges. We beg of you to bless, assist and enlighten us and all who are elected to represent the citizens of our great state. May we pray for the worthy of the for the confidence placed in us, may we be just and upright in our thinking honest in our elections, and guided by a true conscience in the legislation we propose and vote upon, forgive us all our mistakes and selfish tendencies and help us to prepare for and internal union with you, in your name we pray amen. I pledge allegiance to the flag of the United States of America, and to the republic on which it stands. One nation under God, indivisible with liberty and justice for all. The gentleman from Howard representative Luis is recognized for the motion. Mr. Speaker the journal for June third has been examined and found to be correct a move stand to prove as written. Representative Moores[sp?] at the general for June third be approve is written, those in favor will say aye, those oppose no the ayes have it the journal is approved is written rectification of bill and resolutions, the clerk will read. The [xx] will force to follow the Bill [xx] out of as a matter of fact presentation to the governor. Senate Bill 315 an act authorizing local [xx] issue to make out door school program available to the public for recreational purposes and to make other environmental changes house bill 852 an act to alter standards public sector, telecommunicators and dispatchers. House Bill 465 enacts the women and children's protection act of 2015. And the following bill do clarify and  prepare for presentation to the office of the state sectors of state house bill 279 an Act regard the special board of equalization and overdue for wake county. Chapter bill to be known members are nurse with us. Representatives Jordan and Steven are recognized to send forth the committee report. The Clerk will read. Representative Jordan and Stevens Steven, Huges and family committee report. Senate bill 578 transition, certain abuse investigations DCDEE favorable and we refer to bill is brought before the committee or judicial three the purpose is Brost and John is recognized is before the committee report the clerk will read. Representative joint judiciary committee report senate bill 60 North Carolina tax order for exploration favorable house committee substitute number two unfavorable house committee substitute number one. House Committee substitute number one on favorable calendar House committee substitute number two calendar. Representative Conrad personnel and Ross are recognized send forth the committee report. The Clerk will read. Representative Conrad Personnel Commerce and Job development committee report. Senate bill seven [xx] outdoor through [xx] is favorable. Calendar. Members on motion of representative [xx] of Wayne county, the Chair is happy to extend the courtesies of the gallery to the in it[sp?] Bill Elementary school, gifted kids, would you all please stand so that we can we can welcome you with us today Thank you for being here Members also on motion of all of the members of Durham, Orange and Wake Counties, on behalf of Representative Blackwell vote county. The Chair is happy to extend the courtesies of the gallery to students from Green Hope High school in Wake county, The North Carolina School of Science and Math in Durham and Cobras High School. They are here representing the 200, 000 Microsoft Office specialist certification earned in our State's high school,

pre and technical education programs. And actually my 15 year old earned one of these this week as well. Would you all please stand so that we could welcome you with us today. that's a great program and I know it will serve you well going forward again congratulations and thank you for being with us. Members, we're momentarily going to take a recess, the chair is going to disclose of one very quick bill and then we're going to go into recess therefore we're going to go ahead and move to the calendar. House bill 347, the clerk will read. Representative Blast, House Bill 347, a bill to be entitled an act to modify the authorization of the occupancy tax to authorize county to increase its room occupancy from tourism development tax to 6% other administrative changes and to authorize the Guilford County Commissioners of Rockingham County Commissioners to call a special election in the state for a purposes of to the qualified voters, for the question of increasing the allowable special tax for fire protection within the district, there are ten cents on the $100 valuation to 15 cents on $100 valuation on all taxable property within such districts [xx] the gentleman from Share a few webs in the west that recognize for motion.  Thank you Mr. Speaker member I do say we do not concur in cynic community the house we are 347. The gentlemen from The Gel from Churkey [Sp?] is moved as the house do not to concur with article 347 further discussion further debate if not, question before the house has motion not concur, those in favor will vote I those who oppose will vote NO. The Clerk will open the vote We need to take two and [xx] when vote [xx] 222 and Senate Bill 2 The Clerk will lock the machine and record the vote. 105 having voted in the affirmative and two in the negative. The motion not ofcoarse is adopted, the Senate will be so notified and conferees will be, Madam Clerk, we have, conferees are as follows Representative West, Chair, members Representative Rina Turner, Representative Brawley, Representative Lewis, the Senate will be so notified. For what purpose does the Gentleman from Catawba, Representative Adams rise? Yes sir, I was in the chamber. I would like to be shown as an I on that last vote The Gentleman will be recorded as having voted I on from the previous bill. For what purpose does the Gentleman from Carlow, Representative Robinson rise. Be recorded as Aye Gentleman, is that the same Representative Fraley as well? Yes All the Gentlemen will be recorded as having voted I on the previous vote. For what purpose does the Lady from Wake, Representative Able[sp?] rise? The same motion please [xx] The Lady will [xx] [xx] having voted I on the motion. For what purpose that the Gentleman from Durham, Representative I on the previous anyone one else who needs to be recorded as voting aye on the previous vote. Representative Blackwell, the gentleman's light is on. Is that on for, that's for a point of personal privilege I believe. OK, Joe we'll come back to you. Representative Adams, the gentleman's light is still on. Does the gentleman desire further recognition? For what purpose does the Lady from Derby that be recorded as aye on the previous vote. The Lady will recorded as vote aye in the previous vote. The gentleman from Brook Representative Blackwell is recognized to speak to a point of personal privilege in reading of a representative statement. Thank you Mr Speaker, it's very much a privilege to follow up on recognition that we had just a little while ago of individuals that are in the gallery who have achieved their Microsoft certifications in certain areas. This is an initiative that started back in 2010, when North Carolina watched the Nations first state word Microsoft IT Academy, and as of now we have over 200, 000 of the certifications that they've been earned. On your desk there is a letter from Will Collins assistance secretary of North Carolina commerce for work force that UG referred that I would encourage you to maybe take a look at pointing out the important connection between preparing students for what force

positions for jobs that are out there that employers need to feel and the relationship to these national business certifications that this house and the senate have agreed over the last few years to promote by helping to pay for the exams to be taken and in the house budget the this year and AID providing funding to begin providing some bonuses for encouraging teachers whose students are successful on the process that particular bonus programs being in the area of advanced placement courses as suppose to the CTE courses that we recognize today I want to quickly say so but not so quickly that we diminish the honor. The we also have in the gallery, the 18 winners from North Carolina that is the top three in each of six court categories that ultimately are competing nationally, and included in the group I want to point out that since 2010 we've had one student who brought home third place in the world wide Microsoft office systems competitions, and we've got an impressive prac records in those same competitions in the nation that we've had 12 high school students, but Mr. Speaker if I may ask at this point one that the 18 students who are those top three and six category winners for North Carolina currently could be again Stand if they weren't in the group that stood before, and if we could ask the reading clerk to read the statement. The clerk is directed to read the statement. Representative Stan congratulating the NC Microsoft IT academy on 200 000 certifications and the industry MRS 2015 champions. Whereas in 2010 North Carolina launched donations first statewide Microsoft IT academy and whereas North Carolina' Microsoft IT academy offers digital access to instructional curriculum and certifications that enable students to learn applications such as Microsoft Word, PowerPoint, Excel and Access as well as the skills necessary in the studies of computer Science and IT manufacturers. And whereas, currently 47 519 North Carolina students are enrolled in career and technical education courses through the Microsoft IT academy and whereas, in 2010 North Carolina students and teachers have earned valuable skills and more than 200, 000 professional certifications through the Microsoft IT academy for state wide cost savings for more than $20 million in certification costs. And whereas today 18 North Carolina house school students have been recognized for earning a place among the top three finishers in six categories of the 2015 MCSE Microsoft Office specialist competition and six first place finishers will go on to represent the state and so appoints NOS US National championship in Orlando, Florida in mid June, and where as North Carolina students have an impressive track record in these competition as 12 high school students from the state have been among the winners in National MOS competition since 2010 and one student brought home 3rd place in this world wide MOS competition and now there are four North Carolina Microsoft IT academy deserves recognition for enabling teachers and students to be of viable careers skills and earn 200, 000 professional certifications and the 18 students made in 2015 MC MOS competition winners should be congratulated in their outstanding achievements, and witness thereof the undersigned certifies that the foregoing statement was read in the House and placed upon the Journal on the 4th day of June 2015, seconded by Representative Hugh Blackwell Denise Weeks, Principal Clerk. Noted. Members, we are about to go into recess until 11.45. The majority leader, Representative Hager from Rutherford County is recognized for an announcement. Thank You, Mr. Speaker. Republicans will focus in 1228 immediately after recess. For what purpose does the gentleman from Durham, Representative Hall rise? Announcement, Mr. Speaker. The gentleman has for the floor for an announcement. Democrats will caucus in 1425 immediately after Session. Ok, upon the recess? On recess. Further notices and announcements? If not, the House is going to sit in recess until the house will come back to

order members I also want to especially welcome all our nurse today Justin Nickson who also is a and made a man already from kings man but now and there Justin right here today. Representative Hall she lives in you district now so take care of her I'll get reports. House bill 909 the Clerk will read. Please don't say things. Representative Hague and Joe Brown house bill 909 a bill to be entitled in act to make various changes to the alcoholic beverage control commission laws General Assembly North Carolina enact. For what purpose does the gentlemen from Rutherford Representative Hager arise? Briefly debate the motion. Thank you just moment The House will come to order. The gentleman from Rutherford has the floor to debate the bill on its 3rd Reading. Thank you, Mr. Speaker. They[sp?] had a good vote yesterday, I'd ask you to do the same thing again today. For what purpose does the gentleman from Wake, Representative Stam rise? Mr. Speaker, parliamentary inquiry. The gentleman may state his inquiry. Mr. Speaker, could we cut this bill up into eight little pieces and vote on it? The gentleman's request to divide, the question is denied. Further discussion, further debate? If not, the question before the House is the passage of House Bill 909 on it's 3rd Reading. Those in favor will vote Aye, those opposed will vote No, the Clerk will open the vote. The following members have not yet recorded Representative Moore, Representative Representative Seltzer, Pendleton and Bradford the first members in the chamber please record. The clerk will lock the machine and record the vote, 81 having voted in the affirmative, and 29 in the negative. House Bill 909 passes it's third reading on the motion concur Is ordered enrolled and send to the governor. House bill 222 the call card read  Representatives Brian, Geoffrey and Stephens House bill 322 a bill to be entitled in act to allow on photos to elect and then returned justice in North Carolina supreme court elective general assembly North Carolina enact. The gentleman from Johnston Representative Daughtry is recognized for a motion. Thank you Mr. Speaker, I believe we're concur with the bill 222 it came from the senate as you recall we sent the a bill with a retention elections not only for the supreme court but for the court of appeals this reduces it back to the supreme court only, I wish to include the court of appeal but it does not but I do wish you would concur in senate bill 222, thank you very much. For our work purpose does the gentleman from Cumberland Representative Glazier Rise to speak to the motion Mr. Speaker. The gentleman has the floor to debate the motion. Thank you Mr. Speaker, this bill passed I believe on it's when it was over hear 61, 56 or something like that, I was one of the one's who voted for the bill and have one believed in the possibility of moving away from judicial elections and to retention and I think Representative Daughtry and the house bill did a good things. But I am not going to vote for this motion to concur because of what the senate did. I think the judicial elections and the way we handle judicial processes have got to have the absolute appearance of impartiality in every way that we can, and that includes and at least how we do the elections. It is obvious to anybody in my mind over three months of age that what's happened as a result of the Senate is we're setting up a process for Justice Edmonds[sp?] and potentially a different process for every body else. At least with the Court of Appeals in, it was equal no matter whether you were a democrat or republican, seating justice or judge, the rules applied equally and we knew they would apply to every body. With what the Senate's done that's not true, in fact we know it to be exactly the opposite, and because we're playing political games on the Senate response with the judiciary of the State because they have absolutely infected this bill that was sent over in pretty pure form by Representative Daughtry and by the members of the House with democrats supporting it and comes back in this form, I will not concur and I think it leaves, whether it is out of self respect for this Chamber, respect for the judiciary and the process we are putting in place or simply confidence in what we do and how we run elections, I would encourage

us not to concur, form a conference committee and work this out. With that Mr. Speaker, thank you. Representative Grier Martin is recognized to debate the motion. Do you recognize? Thank you very much Mr. Speaker members like my friend from Cumberland, I was one of the folks who voted for this Bill to help it get out of the House on that narrow vote and after that vote I was really proud of us in the House. It was one of those Bills where there were Democrats and Republicans for and Democrats and Republicans against it. There wasn't really a partisan aspect to it at all we had a good debate on the Policy. There were good arguments for it. There were good arguments against it. I'm one of those folks that doesn't agree with the current system on how we choose our judges, and while I didn't think that retention elections was by any means the perfect solution, it certainly represented an improvement and I was proud to join with some of my colleagues on side of the isle to narrowly pass it and at the same time, I had a great deal of respect for my colleagues on both sides of that isle who opposed it and gave good about arguments about some of the problems with it and really that's how things should work here in the House and I'm generally been proud of both under Democratic control and under Republican control that that's something that distinguishes us here in the House versus the folks over in the Senate both under Democratic and under Republican control. They are way more often, than the Senate does, come together and transcend partisan differences to actually do something that enough of us at least agree is a tangible step forward in public policy. Well, we send that bill with all of my good feelings attached to it, over to the Senate and the Senate does what the Senate all too often does under both Democratic and Republican control, they mess it up and pollute what was a good bill, and they have sent it back. The smart move here, is to vote down the motion that concur, a point caprice, go to conference, and stand for what was a pretty done good bill when it left the House. Representative Daughtry, you're recognized to speak a second time. Thank you Mr. Speaker. I'm not here to pre-judge the Senate on why they took that out, but they did and politics is the art of the possible and while we didn't get all we asked for, certainly we should not conquered just because we wish we had a bail that suited us. I hope we will conquer and there's major disobey I stay up and the direction that we were starting on when we passed HB 222, I hope you will concur and vote green further discussion or debate? If not, the question before the House is the adoption of the Motion to Concur on Senate Committee Substitute to HB 222 those in favour will vote Aye, those opposed will vote No, the Clerk will open the vote The Clerk will lock the machine and record the vote. The Ayes are 65, the Noes are 49, the motion is agreed to the bill be enrolled and sent to the governor. Mr. Speaker? For what purpose does Representative Blust? I would like to be reflected as voting No on HB 909 please That will be done. HB 795, the Clerk will read. Representatives Torbbit, Hager and Mellis House Bill with that conscience we would like to be entire and actual reform and amend the state environmental policy act. General assembly North Carolina act. Representative Torbbit is recognized for a motion and to explain and to debate the motion. Thank you Mr. Speaker. The motion will be to adopt the coverage report for House Bill 795 and to speak on the motion. You recognize. Thank you Mr. Speaker. Ladies and Gentlemen, the bill went through the accomplished process, I will try to just touch on the changes and would stand ready for any questions on page two of the document, there was an additional of what I think is impressing is number five, then a then in number 7A, there was an amendment by I believe that was Senator Bryant changing that to 10 million and then in number 11 below also from Senator Brian I believe that was greater than 10ikers and that was the only modification to the conference committee move for a green vote. Representative Harison is recognized to debate the motion. Thank you Mr. Speaker, ladies and gentlemen in the house, I am very help debate on this one in the house, but I just want to in what we're doing with this conference report. When the bill left the house, it had a threshold of many projects in more than $18 million or more tax payer money and threshold for

the five acres when I went to the senate it increased to 20 back which was the original level on the bill but on senator Brian haven't introduced the bill I remember tomorrow is turn and turn and that is still twice average this will have a lot project it's going to be captured it should be I just want to remind you that the purpose of transparency and accountability in expenditure of tax payer money and public lands. That's the only projects involved. Not private money I just want to respond on a couple of the [xx] what this means to our stay [xx] refused not to lay heavy projects it'a actually most of the major project are still going to be covered by the very cumbersome national government policy act. Environmental permits do not provide the necessary oversite will only deal with specific aspects of environmental perimeter not the overall review the secrets of provides an earlier considerations so might consider alternatives and that's going to began and the notice to the public is going to began, so I think that we are talking about projects that only involve public money and public lands and I think that we are doing this service to the public just as we did yesterday and I urge you to vote no. Thank you. Representative Bradford is recognized. Mr. Speaker I was in the chamber for 909 and I would like to be recorded an aye please. On which bill?   House bill 909 You'll be so recorded further discussion or debate if not the question before the house is the adoption of conference report on house bill 795 those in favour will vote aye those oppose will vote no the clerk will open the Clerk will lock the machine and record the vote. The ayes are 74 the nos are 40, the motion is agreed to and senate should be so notified. Senate bill 154 the clerk will read. Senator Bingham, Senate bill 154 a bill to be entitle the act of clarify the operation of immunity prosecution of certain [xx] or alcohol related offenses committee an individual experienced in drug or alcohol related overdose, and an individual who seeks medical assistance [xx] in requirement and conditions that must be met before the [xx] immunity is established to provide that. The person shall not be subject to arrest or [xx] of retrial release probation for all or post released if faced upon the offense for which the person is immune from prosecution provide the law enforcement officer shall not be certain to settle liability for arresting and charging of person for entire immunity for prosecution, if law enforcement offices and [xx] from good faith to provide their performances lead to the place of entrepreneur and [xx] upon receiving [xx] in accordance with the GS90-102.6 and to provide that the pharmacies who dispenses the [xx] be antogonasly[sp?] according with the GS90-106.2 is immune  from certain civil or criminal liability. The General Assembly of North Carolina enacts. For what purpose does the gentleman from Davidson, Representative Waterford rise?   To speak on the bill. The gentlemen has the floor to debate the bill. This clarifications to the good Samaritan law were by law enforcement, and supported by sheriff association and chief pf police association and as for your support any technical question I would direct to Representative Blazer or Representative Backof, thank you. Further discussion, further debate if not the question for House says passage of senate bill 154 on it's second reading those in favor will vote aye those oppose will vote no the clerk will open the vote. the clerk will lock the machine and record the vote. 114 having voted in the affirmative and one in the negative senate bill 154 passes its second reading and will without objection be read a third time. General assembly of North Carolina enact Further discussion further debate if not the question before the house is the pass the senate bill 154 on its third reading those in favor will say aye, Aye! Those oppose will say no, the ayes have the senate bill 154 passes its third reading is order to return to the senate, for what purpose does the gentleman from Durham Representative Mitchel rise I was too busy reading the rule I need to vote aye Gentleman wish to recorded as voted aye the gentleman would be recorded Recorded as having voted aye. This gentleman  the gentleman wants to oppose the chairs rule. For what purpose does the gentleman from Caldo

Representative Robinson rise? Be recorded voting no, on 909. On 909, the gentleman will be recorded as having voted no on House Bill 909. Senate Bill 336 the clerk will read. Senator Hartsell and Rupperberger Senate Bill 336 a bill to be entitle an act to amend the law governing the states planing and preview to amend uniform trust code, and to establish uniform powers of form enact. General assembly North Carolina enact. For what purpose does the gentleman from Wake Representative Stan rise? To debate the bill. The gentleman has the floor to debate the bill. Mr. Speaker, members of the house, this's a 30 page bill which I know you read last night with great attension and  delight. It's a typical one from the BAR Association from the State Planning group and the Trust group that is extremely important but very technical. What I would like to do is go over in some of the detail a couple of the provisions that have raised some questions or controversy and then just hit the others with a [xx] promise and if you want to ask about that file or if you want me to object to third reading so you can study it over the weekend that will be fine. I remember one time in doing one of these bills, there was a 30 pager my speech was 15 second I said there're six people in the State who understand it, they're all in favor of it please vote for it and it passed unanimously. I'm not going to do that for this one. Section one deals with stand by and successor guardians and this addresses the fact that sometimes as children age, maybe they have special needs or some things like that, they may need a guardian even as an adult, an incompetent person might need to have a guardian and these strengthens the procedure on that. Part two is when I'll come back to with an amendment that's on your dashboard when a will is proveted in common form, somebody who wants to challenge the will can present what's called a KVR which just means beware that's not really the will, and then you have a trial of whether there was under influence, duress, coaxion, mental capacity, incapacity or that kind of thing. The bar association and the folks who deal with this a lot, and I agree, think there should be a process by which representative Cleveland could go ahead, and I only mention him since he's my elder by a few years, where he could take his will while he's still living, notify all the potential heirs and have the question for whether this is True will decided before he dies because he's the best witness as to his mental capacity, and whether somebody is trying to make him do it, so this sets up a procedure to do it before you die. Now, it's possible and frankly I've actually tried a case like this where there's coaxion and durace that occurs outside the execution of the will. In the case that I tried for three weeks for one time, there was a very experienced and expensive lawyer who drew a will and provetted it, offered it for provet and the lawyer didn't know that outside the building the elderly father was being bitten up and his insulin wasn't being given to him, so that he really wasn't capable of giving consent under the circumstances although he was mentally okay. So the amendment will have an exception where after death a will can be challenged on those types of grounds. The third section deals with the uniform power of appointment act and I won't go on the details on that. A parable appointment is where you don't own property but you get to decide who it goes to without it going to you. Part four, there will be an amendment by Representative Turner that I will oppose to take that talk[ that out. This is a debate that's been going on for 10 or 15 years in the state, state few. Some clerks of court don't like the fact that is some wills the personal representatives, the executor is given the power have to sell the real estate. Most clerks of court have

been doing it for years, some don't like it for various reason, we'll get into that on a debate. But the Clerks Association negotiated the [xx] and they stood up in committee and said yes they are in favor of the bill, they are in favor of this part for as well part five deals with law about tenants by the entarity[sp?] just to make sure we are clear on that today. By the entarity if there's a deed to Nelson Dollar and his wife. Tended by entarity means the survivor gets it completely, but what if it's conveyed to a trust does it still retain its character as attended by the authority. There is amendment there to make that clear. Part 6 clarifies the statute limitations against the trustee particularly where there is a case of a lot of beneficiaries and maybe the statue limitations would run it 15 different times as people age. Part 7, I won't even discuss part 8. The canteen[sp?] from a traditional trust this would be like if you gave money to your manage your children, to grandchildren but it turns out that one of your grandchildren has special needs, mental or physical for problems, so if that person would take under your will, it might disqualify him for governmental benefits, SSI, Medicate and whatever. It deals with that situation. Part 9 and 10 are just too uninteresting. So with that Mr. Speaker if I could offer for amendment. The gentlemen from Wake is recognized to send forth an amendment the clerk will read. Representative Stam move to amend the bill on page 8 line 22 by inserting the following at the end of that line. The gentleman has the floor to debate an amendment. Thank you. You will recall on Part 2 deals with the living probate and I'll explain to you the problem, if the duress or cohesion is occurring outside the courtroom, if a party shows by clearly convincing evidence, and that's the standard in caveats, it's not preponderant to the evidence, it's not reasonable doubt, it's a mid level of board of proof, that before enduring the hearing, the test aider was subject to financial or physical duress or coercion which was so significant that the testator would not have reasonably disclosed it at the hearing, then it can be upset even after death, and I think that strikes a good balance between the bill as drafted, the desire for people to make sure that they stand up as opposed to the possibility that we do not want, of having this procedure being used as a fraud itself on elderly vulnerable people and the rest of the amendment is just a coupe of technical things that stuff come up with. I move the adoption of the amendment. Further discussion, further debate, if not, the question before the house is the adoption of amendment A1 sent forth by a representative Stam. Those in favor will vote I, those opposed will vote. The court will open the vote. Representative Stem the court will have the machine to record the vote, 115 having voted in the affirmative and none in the negative, the amendment is adopted. We're now back on the bill as amended for our purpose stands the lady from Iredell representing Turner Ras. Sent forth amendment. Ladies recognized to send forth amendment the clerk will read Representative Turner moves the amendment bill on page 17 line six to the page 23 line 12 by rewriting those lines to read. The lady has forwarded debate the amendment Thank you Mr. Speaker, the section for that representatives same alluded to might just make a significant change and yet it has been in the works for several years and we have considered it over our term, the clerks were involved in the work I must say that they they have been involved in the process and have expressed that they have no opposition to this. However, this is the property right issue because at the point of death the property versed[sp?] in the heirs names, sometimes when person representatives go to seek advice for attorneys and they agree to have the property from the state sold, they don't fully or clearly understand what's happening and then the property is gone it's sold,

"Oh you mean we could have saved it we could have kept it in. " For instance in my family we had a large farm and at the point of our parents death we got together as a family and decided how we would divide the property. So we have had any of those major discussions and we dint have to sell it for that. So, I understand that Representative Stam says that some attorneys are already doing this, some we're already allowing it. I don't think we need to make it easier, so I would encourage you to vote for the amendment to not allow PRs to sell property without proper authority thank you For what purpose does the gentleman from Wake Representative Stam rise To speak on the amendment The gentleman has the floor to debate the amendment I would ask you to vote no on the amendment, the Clerks Association is in support of the bill and in support of this part of the bill. It's not just a few attorneys who've been doing it, it's most attorneys, most counties but there have been a minority of clerks who have not allowed it, and we need a uniform procedure around the state, so that your rights don't depend on what county  you happen to live in. It is a question of property rights. But who's property rights? I think that the person who makes the will should be the one deciding whether or not the personal representative should be chosen by the person when a person makes a will to make decision whether they has to be a innovation by the clerk of [xx] or not. And if the person making the will says, 'No,  I want my personal representative to be able to do it that should be able to be done and we have procedure on page 19 that's going to be a notice of exercise of this [xx] to respect the [xx] of state [xx] for the representative has to go out to him, it has to be a petition, excetra. That's on page 19 around lines 25-51 so, they do have an opportunity to be heard but the real property right is in the person who accumulated the property and wants to send it out. This has been a policy debate. It's been around for as far as I remember five or 10 years. So. There was a person in the senate who always would stand on the way but he's gone, the cat's away the mice can now play. So it's time to pass this and wishes have the best tittle. They might be used. What progress does the gentleman from Hash Representative John Lesch Debate the memo the gentleman has before to debate the memo? someone who is practicing that liars there representing this power should be a liar with a lot of situations take works off of the clerk because the will is very clear and there wouldn't be a need for the clerk to have to make a decision or use discretion but the taste status could actually decide and what should be done with the property, so I would say please do not vote for this amendment, let's keep the original proposal that was in the bill, thank you. Further discussion, furher debate for what purpose does the lady fro Wake representative [xx] rise? To ask representative Stan a question. Does the gentleman from Blake yield for the lady from Wake. I do. He yields thank you Mr. Speaker. Representative Stan, having served as executor of my father's will if I had the necessity of sowin property in order to meet tax liability and there was a disagreement that had siblings who didn't want to do that. What I was reading really quickly what they can file a petition and see that but what happens whi makes the decision based on whether my desire or need is adequate and overrules any objections. There are four variations there depending on whether it was an executor or an administrator, depending on whether it's to pay to pay debts or whether it's to in the best interest of the state which is a different standard than to pay debts, so what I can tell you is that under this bill, it will be more likely that the executors will be able to proceed as the will says without intervention by the clerk, but there is where they would otherwise have to have an order by the clerk, there is notice to all the beneficiaries.

Thank you Further discussion, further debate on the amendment? If not, the question before for the house is the adoption of Amendment 2 sent forth by Representative Turner. Those in favor will vote I, those opposed will vote no. The court will open the vote representative [xx] does the lady wish to record on this vote? The clerk will lock the machine and record the vote 24 having voted in the affirmative and none in the negative, the amendment fails. Further discussion, further debate on the bill? For what purpose does the gentleman from Arydia[sp?] represent a flat rate rise I'd like to be recorded as voting no on House Bill 909 The gentleman will be recorded as having voted no on House bill 909. For what purpose does the lady from Wake[sp? Represent her [xx] I was voting on the bill instead of the amendment. I'd like to be recorded as voting no On the amendment madam? The voting[sp?] will be recorded as having recorded no, on the previous amendments further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to SB 336 on its 2nd Reading those in favour will vote Aye, those opposed will vote No the Clerk will open the vote. The Clerk will lock the machine and record the vote. 111 having voted in the Affirmative and 4 from the negative. Senator bill 336 passes at second reading and will without objection. You read a third time. Do you [xx] knock around your neck? Further discussion, further debate if not the question for the house is the Senate Bill 336 on its third reading. Those in favor will say 'Ai', those who oppose 'No'. The 'Ais' have it Senate Bill 336 passes its third reading reading and is ordered and grossed and sent to the governor. Strike that returned to the senate then grossed. Senate bill 366, the clerk will read. Senator Barringer, Senate Bill 366, [xx] act of media reporting and media requirements under the laws pertaining to the provision and a bit and oversight committee General assembly North Carolina act. For what purpose does the lady from wake Representative Abel arise? To debate the bill. The lady has the floor to debate the bill. Thank you Mr. Speaker, as a co-chair along with Senator Barringer of the Permanency Innovation Initiative Oversite Committee, we'd like to have a couple of changes may we feel like will improve the work of the committee one of those has to deal with reporting date currently is September and we feel like it's a little bit more noticeable if we make it closer to the start or close to beginning with session I would like to change the date to February 15th of each year and then it's required as originally written as to meet once a quarter which creates a problem when we're in session so we'd like to change that to twice a year but there is the intent of course to have more meetings than that and I will ask for your support thank you. Further discussion further debate if not the question for the house is the passage of senate bill 366 on it's second reading those in favor will vote aye, those oppose will vote no the clerk will open the vote. Representative Howard is the lady I would like to clerk will lock the machine to record the vote 115 having on the affirmative and none on the negative senate bill 366 passes it's second reading and will or without objection be read for a third time. North Carolina general assembly act. Further discussion further debate if not the question for the house is passage of senate bill this is in third reading those in favor will say aye, aye, those oppose will say no the ayes have it senate bill 366 passes it's it's third reading. The bill will be ordered as ruled and sent to the governor. Senate Bill 487 the clerk will read. Representative Pete, Senate Bill 487 build to the entire act David and obsolete provision of chapter 10AA of the general statue on North Carolina health insurance program in order to avoid confusion by stakeholders entering increased inefficiencies and administration of the program General assembly North Carolina act. For what purpose does the gentleman from Rockingham represented Jones arise?  To debate the bill. The gentleman has the floor to debate the bill. Thank you Mr. Speaker, ladies and gentlemen of the house, senate bill 487 is regarding the North Carolina health choice program and makes technical revisions as recommended as the department of health and human services two major prophecies are to increase the efficiencies administration of the program and to avoid confusion by the stakeholders. Briefly, they does four things.

It eliminates the definition of predecessor plan was amended to make the health choice benefits equivalent to the North Carolina medicaid program benefits and therefore the health choice plan is nor longer benchmark to this predecessor plans This change eliminates their confusion. Secondly, it eliminates the obsolete reference in chapter 108A to the general statute in it's provision regarding the administration of the health choice plan is no longer accurate. The general assembly has shifted the oversight of the health choice program from the state health plan to the division of medical assistance back in 2010. Thirdly, the bill codifies the Alegent intent of the health choice program. currently the division of medical assistance does not cause settle payments and by changing the language that will avoid confusion among any providers. And then finally the bill eliminates the statutory reference to quote the plan and so not to confuse the administration of the health choice program with the state health plan. So this are technical changes that the department recommends and ask that you would support the bill Further discussion further debate? If not the question before the House is the passage of the House Committee substitute for Senate bill 487 on it's second reading. Those in favor will vote Aye, those oppose will vote no. The clerk will open the vote Representative Graham of Lenoir, [xx] wish to record on this vote. The clerk will lock the machine and record the vote, 114 having voted in the affirmative and none in the negative senator, Senate bill 487 passes it's second reading and will without objection be read a third time. General assembly North Carolina enacts. Further discussion further debate? If not the question before the House is the passage of senate bill 487 on it's third reading. Those in favor will say aye. Aye. Those oppose will say no. The aye's have it senate bill 487 passes it's third reading, the bill be returned to the senate. Would ask all our Pages to come forward and as they are the Chair would like to recognize a school group that's joined us we have a group of students from Washington Elementary from right here in Raleigh, would you all please stand so that we could welcome you. Thank you for with us. To our Pages, it's been a pretty quick week. I believe the time hopefully has passed quickly for you guys, and I hope you've had a good opportunity to observe and see a little bit about how your House Representatives functions. We've dealt with some interesting issues this week, so I hope you've had a good time. I hope you've made some friends and enjoyed, if you're still in school or a break from school and those of you who are now out of school, a good start to your Summer. You've done a great job this week, we've been getting good reports. I would ask my colleagues to join in me in thanking you for being with us this week. Thank you. Thank you for your service, you are dismissed. the notices and announcement. For what purpose they like it representative Stephens rise? For representative statement of personal privilege please. The lady has the floor for representative statement to a point of personal privilege. Thank you Mr. Speaker Ladies and gentlemen in the house, back earlier in the session I found an actual house fale, house fale for a nun to designate It's an official fall festival. We don't really do that any more because everybody's festival is most important. However, this bill was important to me cause it came from a fourth grade class, who's learning about politics, and I spoke to them. So, I agreed to present this as personal privilege. The MME festivals held annually in Mania, North Carolina and one of the longest running events in the state. It began as a celebration to end back on apple harvesting season, and it's now on it's fortnight season. It attracts over 200, 000 people over a three day weekend in October of each year and provides fun activities for the entire family. Bare in mind that the population of our town is about 10, 000 or 12, 000 and we bring 200, 000 people there for this festival the festival showcases the stage, rich musical heritage with local musicians performing styles that include; All-time bluegrass and gospel music.

200 demonstrate their and talents and skills passed down through generations through unique arts and crafts attendees can sample food for the soul served with hospitality by local Civic and Service Organizations. The festival consistently as one of the top 20 events in the South East, by the South East tourism society. North Carolina currently does not have an official festival so we'd like to think of this our official Fall Festival, we'd welcome you anytime to come and prepare to stand in line to get your collard green sandwich so I thank you and ask that the words be spread across the Journal. For what purpose does Representative Millis rise? To make an announcement. You're recognized to make an announcement. Ladies and gentlemen, I just want Just a moment. Quiet for the announcement please. Ladies and gentlemen, members of the Regulatory Reform Committee, there is an email that went out earlier regarding our committee meeting coming up on Monday at 3 O'Clock. Definitely make sure that you're there, and on time. Further notices or announcements? Representative Meyer. May I ask a question of Representative Millis? Do you yield Representative Millis? Do you yield to a question? Representative Millis, can you announce which bills we'll be hearing in Regular Reform? According to the email which says that will be determined and that's something that we will determine, and we will email it out to the members. But your presence there is going to be important so we can actually determine these bills. If those were the notices and announcements for the rules chair, is recognized for a motion. Mr. Speaker. I move, subject to the CEO committee reports, re-referral of bills and resolution, and reading of representative statements, that the house adjourned to reconvene Monday June 8th, at 7 o'clock p. M. Representative Lewis moves, seconded by representative Dola that the house adjourn to reconvene Monday June 8th, at seven o'clock p. M. Those in favor will say aye. Subject two, committee reports, re-referral of bills and resolutions and reading of representative's statements, and receipt of messages from the Senate. Those in favor will say aye, those opposed will say no. The ayes appear to have it, the ayes have it, we're adjourned.