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House | June 10, 2015 | Committee Room | Judiciary I

Full MP3 Audio File

I would like to call House Judiciary one to order, we have a number of outstanding pages, we have Maria Ward from Orange County. Maria where are you? Stand up and tell us who sponsored you, and where you go to school. Ok, I'm from Orange County, my sponsor is Miss Valinsko[sp] and I go to Chaparral high school. Ted Copeman[sp] from [xx] My name is Ted from [xx] I go to the community school and I was sponsored by Speaker Moore What year are you? I'm bachelor senior and have you decided on a college yet? I'm looking at American University, [xx], and NYU and more schools Sabrina  Brewer of [xx] My name is Sabrina, I was sponsored by Rep. Dortry I get insurance in school and I'm from Mecronberg county. And I like I know your father. You do. and I know your grand father. Yes Sir. Your grand father was a man the goes later who stated later foods grandfather did and he went to wait bars with me Yes sir James Brown I am Jake Brown, I was sponsored by Debra Conrad Forsyth county. I go to Ronald Reagan High School and I will be a senior next year And where are you thinking about college? I'm looking at Cornell, NYU and any these Chair withheld. I this through the location I want to state that. Our Sergeant at Arms is Barry Moore, B. H Pal and David Little. Glad to have them, we've had fights in this room before and they saved our [xx]. We have a number of Senate Bills today and I want to recognize the senate we love the Senate, we're glad your here and we want you to love us back with our Bill. The first bill is Senator Curtis's bill rest of these UCC records fees, recorded please.  Thank you Mr. Chairman. This bill was requested by the Registry Dean Association we have Wayne[sp?] here if you've any questions come up. It basically says that the UCC polling at the county level has been and continue to be $38 there are some confusion because at the Secretary of States office they want to encourage e-filing so they dropped it to $30 if you e-file and $38 for paper filing and this just says that this is only at Secretary of States level, at the county level it has been and will continue to be $38 no matter how you any question are the bill's sponsor [x [xx] x] Mr. Chairman I'd like motion, is this a committee substitute? No Sir, No Sir. You've heard the motion, to give the Bill a favorable report all those in favor of that motion raise the numbers saying Aye hope no [xx] and representative Robson will chair the bill on the board which I did on the first time thank you Senator Randleman has the bill, Senate Bill 199 Representative [xx] moves that we give the Committee Substitute the floor at this time. All in favor of that motion raise the numbers saying Aye now Senator Rabon, you're recognized. If we can ask [xx] to explain the PCS of the two things, the first is simply in the context [xx] is money and amount of $2000 a war is [xx] is required to take that money and [xx] authorized by the [xx] [xx] Mr Chair may I. Certainly you may. So on [xx] as Erica the proper security recordings required to within 60 days of stage and the span more than $2000 that they expect to have more than six months so the $2000 amount has been a effective since 1971, so with low interest

rates for this account are small they are not cost effective they yield little to no returns and they are very time consuming the first call to catch to do open up the account being one approaching campaigns to get their disbursement I have to go with the driver money issue the cheque for already time consuming on the clock the clothes being supported proposal and also the EOC who is here being supported as well and I know there is no opposition this is [xx] into a timely amount Representative McNeal For a motion if appropriate time. Believe this is the appropriate time Alright, I move that twe give the proposed house committee substitute senate bill 199 a favourable report [xx] [xx] are you part of the motion? Representative McNeil, all in favour of that motion let it be know by saying aye? Opposed no? And the ayes have it. Representative McNeil will be [xx] on the floor. The next bill is Senator [xx] Senate Bill 301, we don't have it bring it about now but Representative Hardister moves the proposed committee substitute bill in front of us all in favor say aye 'Aye. ' Oppose no and ayes have it. Senator [xx] Thank you Mr. Chairman, members of the committee excuse me this is agency bill and basically what it would do it will allow DOT when they have to purchase contaminated land not to to take that request before the Council of State. Currently they have to take it before the Council of State before they can purchase the land, and this would actually speed the process up 45 to 60 days the council or state is never denied any purchases of contaminated land that DOT is taking reform so this is just to expedite the process for [xx] buildings. Any questions? Representative Mark you have a question? Just a motion. Representative Mark. Thank you Mr. Chair, the type of transaction for this [xx] due to acquiring contaminated senator [xx] would you mind just talking a little bit more about what the purpose behind that is why DOT does this. Thank you for the question. Basically any time you purchase a rodge you have to purchase not only the road way but the right way for the road construction and during that process hey have to do testing and sometimes when they do testing they will find contaminated land, within the right away of the road construction. So we have to purchase the land and then have it remediated, and this just would speed that process of Follow up Mr. Chair Follow up Just to be clear under the current law is the requirement that the purchase of the road and the right [xx] land be approved by the council state, is that triggered by the fact that it's contaminated or more broadly the acquisitions [xx] I think it's to answer it specifically, I think it's because the property is contaminated [xx] sir, thank you. Churchill do you have anything to add to that? is that correct? Representative Robinson. I was just wondering why it requires that the Council of State, why does this have to go before them for it to be considered. I think it's just the protocol, it's been in place for a long time, I don't know specifically the history. Yes sir. Have you brought the questions to the bill sponsor? Is there a motion, Representative Hardister. OK Mr. Chair I'd like to make a motion for favorable report EPS for extended bill 301 unfavorable to the original bill. By the motion made by Representative Hardister all those in favor of that motion let it be know by saying aye? Opposed no? Ayes have it and Representative Hardister will be carrying your bill on the floor, but you won't meet the governor. Yes, I was going to get Representative [xx] I don't want to fight [xx] He can carry it, I'll provide moral support. thank you Mr. Chairman, it's good team work. The next bill is protection against unconstitutional foreign judgements, Senator Newton is recognized to explain the bill. Thank you Mr. President. Thank you representatives, committee members thank you for letting me be here today and Senator [xx] also primary sponsor on the bill. The bill is fairly straight forward, it is a bill designed to protect our companies here in North Carolina from unjust foreign judgements. There have been issues with governmental entities basically fixing the law to their advantage to try to get judgments against our companies and our corporations, and this bill address that.

I'm sure staff can be specific about it if we need to but I will be happy to answer your questions. I'll contribute just a little bit what this bill says it says if you are in foreign country and you sue a North Carolina corporation that it has to be under our laws North Carolina laws or the US constitution we can't use their laws will be unenforceable unless a court in North Carolina says it is fits into our constitution. [xx] you want to add anything? Anybody have any questions? Bill sponsor you [xx] I was just want to make a motion Mr. Chairman. questions on debate, Representative Robertson you're recognized I move that Senate bill 596 receive a favourable report. Follow up. Just a minute Reverend Martin. I did have a question Mr. Chair you have the [xx], you can ask the questions. Thank you Sir. Just want to make sure I understand the flow of the Legislation. So, if I can repeat it to you tell me where I've got it wrong where I've got it right so if foreign government paint a judgement against a North Carolina candidate to recover for the of the foreign public funds for government programs that's the first trigger and then having found that the North Carolina court would also have to find one of the items in [xx], either, just an example, number eight is already in law but see in a foreign court it was unfair or the new part that were added, foreign law would have been contrary to to our law hear, so it has to be both, my question is I guess it has to be both B and C? [xx] that's fine, thank you. Okay, thank you. [xx] [xx] the North Carolina [xx] foreign country money judgement [xx] and it's addressing judgment from foreign countries foreign country judgement, and the first section of the bill is saying that court [xx] have to recognize the foreign country judgement [xx] the court is not going to recognize [xx] any of those items are in there including [xx] Representative [xx] point out, in subsection C, North Carolina corresponds that any of the following exist Call these Chair.  Sir I think I missed it clearly when I heard you say is that instead of the answer you're saying the forces. I did list to be I'm going to be denied unless they are determined. Going to fall of this chair. So separate from anything that's in B, if we've got a judgement from a foreign country, where the planets are seeking recognition and a North Carolina court. We could, as a North Carolina court could I ̓m certainly confused myself, which is easily done. So the North Carolina court would recognize that judgement unless it finds one of the items in C. is that correct? What is your understanding? Yes, Mr. Chairman, I might just add one more thing these are my judgement in particular Okay, I call this Chair. Right, so, looking at

the factors in a line on page one lines 9 through 16 if we have a judgement from a foreign country that does not meet any of those which would be, I guess now four requirements in this Bill. We ̓ve  which that doesn ̓t fall under any of those categories. A North Carolina[sp?] court still would not recognize the foreign judgement, if any of the factors in [xx] running from line 21 through line six on page two if any of those we're proud of. Just by understanding is that correct? Yes Mr chairman [xx] reasonable under the circumstances.   Is anyone in the house want to speak about this bill? If not, the motion before us is to give the bill a favor with forward. All those in favor let it be known by saying aay. Oppose no and aays have it know clear on the floor.