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House | July 10, 2013 | Chamber | Session

Full MP3 Audio File

Members, on behalf of all the members of the House, the chair is happy to extend the courtesies of the gallery to 25 students, who represent the Agri-Business Institute through the STEM Early College at North Carolina A&T University. We ask those folks to please stand so we can welcome you. Representative Stam is recognized to send forth the conference report, the clerk will read. To the President of the Senate, Speaker of the House Representative comprise report to resolve the differences between the Senate and House of Representatives on Senate Bill 200, a bill to be filed and acted to extend the time for local forensic's science labs to obtain accreditation. The comprise recommends Senate and House of Representatives adopt this report. Comprise for the Senate. Senator Bingham, chair, Senator Goolsby, Newton, and Canard. Comprise to the House of Representatives, Representatives Stam, chair, representative McGrady, Bryan and Glazier. Calendar. The House will be as ease, just a moment. House Bill 468, the clerk will read. Senate committee substitute for House Bill 468, a bill that's been filed, acted, and changed the method of election of the mayor and city council members of the City of Hyde Point, to hold the elections on odd numbered years, and by non-partisan primary and an election method is provided by general law, and amend the charter of the Town of Trion. For what purpose does the gentleman, excuse me. The House will come to order, would ask members to please take your seats or conversations outside, and by way of advising, this will be a voice vote, as opposed to a recorded vote. For what purpose does the gentleman from Guilford, Representative Faircloth authorize? Make a motion, and explain a motion. The gentleman is recognized to make a motion and debate the motion. This is a local bill, it has a strong local support. It went through the House here with a good vote, and comes back with a iii with the Senate with a couple of changes. It is what we need in Hyde Point to bring our election system up to what our citizens and the office holders want, and I would ask your concurrence. I do move that you concur. Further discussion, further debate. If not, the question before the House is the motion to concur to the Senate committee substitute for the House Bill 468. Submit-tees who favor the adoption of the motion will say aye. Aye. Those opposed will say no. No. The aye's appear to have it, the aye's do have it, and the Conference report is adopted. And the House does concur. The bill is further ordered and rolled. Members, we're going to move to House resolution 1018 which is the middle of the page, unless I hear objection. Hearing none, House Resolution 1018, the clerk will read. House Resolution, honoring the founders of China Grove, while observing the town's 125th anniversary, the House resolves. My bill. For what purpose does the gentleman from Rowan, Representative Ford, rise. To debate the bill. The gentleman has the floor to debate the resolution. Thank you. We will not have it read today, the 125th anniversary is next March, we won't be in session before then, had to get this passed now, an China Grove has a new town hall and an open house coming up in the coming weeks, so I want to take care of this now. Local resolution for the 125th anniversary of the Town of China Grove. I'd appreciate your support. Thank you. Further discussion, further debate. If not, the question before the House is the adoption of House Resolution 1018 on its 2nd reading. So many has favored the adoption will vote aye, those opposed will vote no, the clerk will open the vote. We'll wait on you, Representative Holloway. The clerk will lock the machine and record the vote. 103 having.

noted in the affirmative and none in the negative, House Resolution 1018 is adopted and is ordered printed. Members, House Joint Resolution 1017 is the next matter we're going to take up and the court will read. [Speaker Changes] House Joint Resolution 1017, the joint resolution honoring the memory of the designers of Grove Park Inn while observing the Inn's 100th anniversary. The house resolves its ?? [Speaker Changes]For what purpose does the lady from Buncombe represent ?? [Speaker Changes]Thank you, Mr. Speaker, to request that the resolution be read in its entirety. [Speaker Changes]The court will read the resolution again would ask members to please take your seats. If there's any conversations please to take those outside. The court will read the resolution in its entirety. [Speaker Changes]Whereas, the Grove Park Inn seats on Sunset Mountain in Buncombe County North Carolina and whereas Grove Park Inn was envisioned and designed by Edwin Wiley Grove and his son-in-law Fred Loring Seely and whereas Grove Park Inn had a ground breaking ceremony on July 9, 1912 and open to the public on July 12, 1913 and whereas in his speech at the opening banquet United States Secretary of State William Jennings Brian proclaims the Grove Park Inn as a triumph of architectural skill mingled with a scenic splendor of nature's handy work, the whole blending in one great harmony never before equal in the annals of the builder's craft and whereas Grove Park Inn upon its opening was called the finest resort hotel in the world by newspapers across the United States. And whereas, the spa at the Grove Park Inn since its 2001 opening has been consistently recognized as one of the top 20 in the world by prestigious travel publications. And whereas the Grove Park Inn is the home of the national gingerbread house competition and display and whereas the Grove Park Inn has the largest public display of arts and crafts ?? in the world and has serves as a retreat for ten United States presidents and whereas welcoming nearly 500,000 guests from around the world annually, the Grove Park Inn is the largest single contributor of occupancy tax to the Buncombe County Tourism Development Authority and is one of the largest private employers in the City of Asheville whereas the Grove Park Inn celebrates its Centennial on July 12, 2013. Now therefore be it resolved by the House of Representatives the Senate concurring Section 1, the general assembly honors the memory of Edwin Wiley Grove and Fred Loring Seely and expresses its appreciation for their role in establishing the Grove Park Inn. Section 2, the general assembly recognizes the Grove Park Inn as an important landmark and joins the citizens of Asheville in congratulating the Grove Park Inn on its 100 anniversary. Section 3, the Secretary of Sate shall transmit a certified copy of this resolution to the Grove Park Inn. Section 4, this resolution is effective upon ratification. [Speaker Changes]Members, rule 12 be suspended for the day. For what purpose does the lady from Buncombe ?? [Speaker Changes]To speak to the resolution, Mr. Speaker. [Speaker Changes]The lady has the floor to debate the resolution. [Speaker Changes]Thank you. And thank you ladies and gentlemen of the House. I wanted to tell you maybe a few things that you might not know about the Grove Park Inn as a part of this tribute today. Many of you may have already visited the Grove Park Inn and I would suggest to you that after the hard session we've had you might want to make a visit there when session ends, it will be a great place to go once you're done with your work here, it wouldn't hurt our economy either. As you may or may not know F. Scott Fitzgerald and Zelda Fitzgerald visited the Grove Park Inn in 1935 for their health and actually the Grove Park was touted as a health resort in its very early days more than just a tourist attraction. While they were visiting, the Fitsgeralds, while they were visiting in 1936, Zelda was hospitalized and F. Scott took suites 441 through 443, the Grove Park has continued throughout history to be a showcase for architecture, for antiques, for the arts and crafts movement, but especially the Grove Park Inn has been a wonderful benefit for the City of Asheville

How many visitors have come because of the cache of the Grove Park and fallen in love with Asheville over the years? How many have returned to visit or become residents of our great city in the mountains because they were first guests of this magnificent hotel? My daughter happens to work for the gentleman who puts on the arts and crafts conference every year at the Grove Park Inn. And if you're familiar with the arts and crafts movement, it's the movement that showcases mission furniture. And that is one of the largest conferences to be held at the Grove Park Inn each year in February. And I would invite you to come to that, as well. The director of that conference, Bruce Johnson, has written...he's an historian and the director of the conference. And he wrote a recent novel titled, "An Unexpected Guest." And it tells an historical fiction about a murder in the inn. It's protagonist is convinced that the Grove Park Inn is haunted by a beautiful young woman. And I'm sure that you, maybe some of you, maybe not, have heard of the Pink Lady at the Grove Park Inn. And finally, I want to give you a quote from the author of this book himself. Bruce Johnson said in his book, "While today Edwin Wiley Grove is best remembered for his contribution to the architectural fabric of Asheville, most notably the Grove Park Inn, the Battery Park Hotel, and the Grove Arcade, he also led the fight in the first quarter of the Twentieth Century against those who wanted to transform Asheville into a national center for the treatment of tuberculosis. Fearing Asheville would become known as a leper colony of victims of the highly contagious and often fatal disease, Grove inserted bans against boarding houses and sanitariums into the deeds for any of his 1,200 acres of residential real estate. His argument to promote tourism over tuberculosis eventually found favor among Asheville's political leaders and helped to cast the character of what has since become one of the country's most popular tourist destinations." Ladies and gentlemen of the House, I commend this resolution to you. [SPEAKER CHANGES] Representative Ramsey is recognized to debate the resolution. [SPEAKER CHANGES] Mr. Speaker, members of the House, I rise, too, with my colleague, Representative Fisher, to commend this resolution to you. Grove Park is truly one of the icons of this State. Mr. Grove gave many things to the people of Asheville and Buncombe County. Much of the, he is known as the father of modern Asheville because as Representative Fisher stated, the Grove Arcade, Battery Park Hotel, the Grove Park area, the Grovemont Community in Swannanoa, are all the legacy of Mr. Grove. But Mr. Grove, two days from now, the Grove Park will celebrate its 100th anniversary. This hotel was built in just less than a year. This was before modern construction equipment and techniques. And you see the large boulders that were taken from Sunset Mountain to construct this hotel. That was a very impression feat at the time. But Mr. Grove, on July 12th, 1913, stated, "After a long mountain walk one evening at the sunset hour, scarcely more than a year ago, I sat down here to rest. And while almost entranced by the panorama of these encircling mountains and a restful outlook upon green fields, the dream of an old time inn came to me. An inn whose exterior, and interior as well, should present a home-like and wholesome simplicity. Whose hospitable doors should ever be open wide, inviting the traveler to rest awhile, shut in from the busy world outside." Well today, that's what the Grove Park Inn offers to you and to so many others that come there each and every year. Grove Park has hosted 10 presidents, most recently President Obama who stayed on multiple occasions at the Grove Park. If you sit on the sunset terrace, you can see the beautiful downtown Asheville and off in the distance you see the Pisgah National Forest and the mountain range of the Blue Ridge Mountains. And in the distance you will see Mount Pisgah. And we often say that I know whatever part of North Carolina you come from is your home and your promise land, but God in the Book of Exodus told Moses that he could not enter into the promise land but see the promise land. So God took Moses upon Mount Pisgah and Moses got to see the...

if you come to Buncombe county, come to Asheville, you can see the promised land, you can see Mt. Pisgah. We hope you come and attend and spend some money. There are over 1000 families that owe their livelihood to the Grove Park. And for them, it's more than just a respite and a vaction for folks, it's the way they support their family, and the Grove Park has been a wonderful asset to our community, it's one of our top taxpayers in the county that helps support our basic services that the city and the county provide, and it is truly one of the special parts of North Carolina. Most of the things that we do a hundred years from now will long be forgotten, but what Mr. Grove did in 1913 still pays dividends for the people of this state and for the city of Asheville. And I commend the resolution to you. [SPEAKER CHANGES] Rep. McGrady is recognized to debate the resolution. [SPEAKER CHANGES] I will only add this to what Rep. Fisher said. This is a treasure not just for the city of Asheville, but for all of western North Carolina. My parents had their honeymoon there, and I'm proud to say that my son is now a manager at the Grove Park Inn, and is one of those thousand families that are supporting himself on the salary he earns there. I commend the resolution to you. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of joint House resolution 1017 on its second reading. All in favor vote "aye", all opposed 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 none in the negative, House joint resolution 1017 has passed its second reading, and without objection will be read a third time. [SPEAKER CHANGES] House resolves, the Senate concurring. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House joint resolution 1017 on its third reading. All in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no? The "aye"s have it, House joint resolution 1017 has passed its third reading and will be sent to the Senate by special message. Rep. Moore, please state your purpose. [SPEAKER CHANGES] For a re-referral. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Mr. Speaker, House bill 607, which is the require paper ballots bill was taken up in elections today and has been converted to a study, and I would move, Mr. Speaker, that that bill be removed from the committee on elections and be referred to the committee on rules where we intend to take up that study bill this afternoon. [SPEAKER CHANGES] Without objection? So ordered. [SPEAKER CHANGES] And motion pertaining to the calendar? [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Senate bill 444, which is on page [SPEAKER CHANGES] Two. [SPEAKER CHANGES] Page 2 of the calendar, I move that that bill be removed from the day's calendar and be calendared for tomorrow. [SPEAKER CHANGES] Without objection? So ordered. Ladies and gentlemen of the House, we're moving back to the top of the calendar in public for concurrence. House bill 168, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 168, a bill to entitle an act granting the North Carolina industrial commission jurisdiction to decide disputes between an employee's past and current attorneys regarding the division a fee as approved by the commission. [SPEAKER CHANGES] The clerk will read the ammendment. [SPEAKER CHANGES] Sen. Goolsby moves to ammend the bill on page 1, lines 12 and 13 by rewriting those lines to read, Section 2, this act is effective when it becomes law and applies to fee disputes for which no action is adjudicate and has been filed in Superior Court prior to that date. [SPEAKER CHANGES] Rep. Murray is recognized for a motion and to debate the motion. [SPEAKER CHANGES] I move that we agree with the ammendment offered on- the Senate ammendment to House bill 168 and be recgonized on that motion, to speak on the motion. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Thank you Mr. Speaker. This ammendment ?? by Sen. Goolsby just addresses the effective date of this bill to make sure that it applies to cases and controversies after a certain date, and I would ask for your support of that ammendment. [SPEAKER CHANGES] Further discussion, futher debate? If not, the question before the House is the concurrence in Senate ammendment number 2 for the House committee substitute of House bill 168. All in favor vote "aye", all opposed vote "no", the clerk will open the vote.

The clerk will let the machine record the vote, 112 having voted affirmative, none in the negative. The House has concurred on the Senate Amendment Number Two for the House Committee Substitute of House Bill 168. The bill will be enrolled and sent to the governor. House Bill 296, the clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 296, an act to adjust the fees charge for certain hunting and fishing license and establish a black bear management et cetera. [SPEAKER CHANGES] Representative John Bell is recognized for a motion and to debate the motion. [SPEAKER CHANGES] I'd like to move that we concur with the bill and to debate the bill. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thank you, Mr. Speaker, members of the House. House Bill 296, the Omnibus Wildlife Commission Act, I'll go through it real quickly for you. They pick on me because I can't say that word but anyway, we'll move on. The bill will make the following changes as requested by the Wildlife Resource Commission. One, it would adjust the fees of certain hunting and fishing license beginning in August, 2014. These fees have not been increased since 1997 and are below the other states and we continue to be below the states and under the rate of inflation. Number two, it would allow the Wildlife Resources Commission, starting in 2015, to adjust hunting and fishing license through rule-making to set license fees by rule-making using a five year moving average of the Consumer Price Index cap. Number three, it would limit the percentage of the operating budget the commission may keep in reserve. And number four, it would provide an annual target for utilization for the annual expendable interest of the Wildlife Endowment Fund. These moves would make the Wildlife Resources Commission from closer to self sufficiency, which is the goal of this bill. The other part of the bill, and the last part, would allow the Wildlife Resources Commission to manage North Carolina's expanding black bear population. It provides flexibility tools in recognition that regional differences in the management approaches may be necessary. What this mean is what's good for Hyde County may not be good for Haywood County and we will allow the Wildlife Commission to use those tools to do that. This new provision does not change the statute allowing the use of bait when hunting bear with dogs. I have resolutions from numerous counties and the Wildlife Commission is in full support of this bill and I ask for your support concurrence today. Thank you. [SPEAKER CHANGES] Representative Steinburg, please state your purpose. [SPEAKER CHANGES] Yes sir, to speak on the bill, Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Thank you. Very briefly, I have been in contact with a lot of the bear hunters in my district and beyond and they just asked me to express their displeasure at the way this bill evolved from the Senate to where it is today. So I have done that. They asked me to do it and let the record reflect it. Thank you, Mr. Speaker. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the motion to concur in the Senate Committee Substitute for House Bill 296. All in favor vote aye. All opposed no. The clerk will open the vote. The clerk will let the machine record the vote, 107 having voted affirmative, 4 in the negative. The House has concurred on the Senate Committee Substitute for House Bill 296. The bill will be enrolled and sent to the governor. House Bill 816, the clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 816, a bill to be entitled an act to authorize tobacco growers to assess themselves to promote the interest of tobacco growers. [SPEAKER CHANGES] Ladies and gentlemen, before we take up the next debate, upon motion of Representative Moffitt from Buncombe County the Chair is happy to extend the courtesies of the gallery to Wildlife Commissioners. I believe you're up in the gallery. Please stand and let us welcome you. Thank you for your service. [APPLAUSE] Representative Langdon is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Mr. Speaker, I move that we concur and debate. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. The motion. [SPEAKER CHANGES] The Senate, actually, didn't change much in the bill so therefore I recommend that we concur. Thank you. [SPEAKER CHANGES] Representative Glazier, please state your purpose. [SPEAKER CHANGES] To see if Representative Langdon might yield for a quick question. [SPEAKER CHANGES] Representative Langdon, does the gentleman yield? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you, Mr. Speaker. Thank you, Representative. I know that, and I agree with the bill as it went out but could you just tell us what they did change? [SPEAKER CHANGES] They actually ended up not changing anything. [SPEAKER CHANGES] That works. [SPEAKER CHANGES] That's what it did.

They actually — Representative, they changed a bunch of stuff. And then in working with the stake holders they ended up removing all of it, so we got back the bill we sent. [Speaker Changes] Thank you. [Speaker Changes] Further discussion? Further debate? If not, the question before the house is the motion to concur in the Senate committee substitute for House Bill 816. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members please record — Representative Starns. Representative Starns. The clerk will let the machine record the vote: 112 having voted in the affirmative, none in the negative. The house has concurred in the Senate committee substitute for House Bill 816. The bill will be enrolled and sent to the governor. Ratification of bills and resolutions the clerk will read. [Speaker Changes] The enrolling clerk records the following bills ?? Senate bill 231: An act to modify the dues to state the council of education. House bill 192: An act to permit local governments to enact sidewalk dining ordinances. House bill 214: An act in public record stock is collected or compiled, connection with application of the license on the laws regulating real estate brokers. House bill 257: An act commenced acts governing escheat fund. House bill 327: An act modernize, update, and clarifies status governing fireman and rescue squad workers pension fund. House bill 340: An act to allow the department of insurance to license national travel insurance. House bill 345: An act to increase criminal penalties from misuses of 911 system. House bill 357: An act increase citizen oversight and make other consolidation improvements in the governance state retirement systems. House bill 362: An act to make technical clarifying subject change relating to the department of public safety. House bill 391: An act to amend the definition of retirement. To clarify services members of the board of trustees. House bill 402: An act to acquire tri-care supplement offered if a plan is flexible compensation offered by the state. House bill 428: An act to define that the functional passing of a stopped school bus in violation of 20-217 shall include a fine in all circumstances. House bill 474: An act to authorize the redeposit of state local government funds into insured demand money market and negotiable order withdrawal deposit accounts. House bill 492: an act to the direct department of health and human services to adjust medicaid personal care services. House bill 638: an act to bar civil actions against packing distributors, marketers of advertising and food products. House bill 754: an act authorizing community colleges to acquire real property by lease purchase. House bill 767: an act enacting the corporal pruitt rainy brass to class act. House bill 783: an act to make technical conforming change to laws governing pyrotechnics displays. House bill 828: an act updating physical therapy practice act. House bill 917: an act adopting Dublin peanut festival as the state official peanut festival. House bill 982: an act to modify the medicaid subrogation statute and the following bills and rules issued and ramified properly presented by the office of the secretary of state. House bill 107: an act to allow the county from the eastern region to receive a dispersion of the share of the motor vehicle registration tax proceeds. House bill 546: an act to fight for the term of the chairperson of the board of trustees of Roanoke Rapids graded school district. House drawn resolution to the 16, joint resolution to honor the life and memory of James Edward Ramsey, former speaker of the House of Representatives. [Speaker Changes] Representative Steinberg, the chair understands the gentleman wishes to change his vote on 296 to no. The clerk will note it. Representative Collins is recognized. Send forth committee report. The clerk will read. [Speaker Changes] To the president and speaker of the House of Representatives, ?? appointed between the senate and the house of representatives on House Bill 649, a bill to put down an act and make technical changes to the small employer group health coverage reform act. To mitigate the effects of Federal Affordable Care North Carolina small businesses, and to increase stock loss insurance options for small employers. The ?? recommend the Senate and House of Representatives adopt this report. ?? for the Senate. Senate at the highest chair: Senators Meredith and Jackson. ?? for the House of Representatives: Representatives Collins, Chair, Representatives Stone and Moffitt. [Speaker Changes] On the prior conference report read in, that is calendared. Representative Samuelson has recognized send forth conference report. Clerk will read. [Speaker Changes] To the President and Senate, Speaker of the House of Representatives ?? appointed to resolved the differences between the Senate and the House of Representatives on House Bill…

62, a bill to be entitled an act providing for assurance of a limited plumbing contract, a license to install and service back-flow prevention assemblies and to allow courts to award the board of examiners of plumbing and heating and fire sprinkler contractors reasonable cost of investigation and prosecution of violators. The conferees recommend that the Senate and House of Representatives adopt this report. The conferees for the Senate, Senator [??], Senators Meredith, Barringer, and McLaurin. Conferees for the House of Representatives, Representative Samuelson, Chair, Representative Hardister and Goodman. [SPEAKER CHANGES] Calendar. Ladies and gentlemen of the House, Senate Bill 344, which is on the top of the page, the second page of the calendar, without objection that bill will be removed from today's calendar and re-calendared for tomorrow. Is there objection? So ordered. Senate Bill 316, the clerk will read. [SPEAKER CHANGES] Committee Substitute for Senate Bill 316, a bill to be titled an act to provide a rebuttable presumption exist in certain circumstances that a person charged with a felony, a class A1 misdemeanor offense involving illegal use, possession, or discharge of firearms should not be released prior to trial and to amend certain bond provisions. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Michaux, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Mr. Speaker and ladies and gentlemen, this bill comes about as a result of, that's alight, they can keep on. Thank you, sir. I said they can keep on talking. [SPEAKER CHANGES] That was actually done for you, Representative Michaux, I apologize for that. [SPEAKER CHANGES] No no, that's alright. I said they can keep on talking. They don't have to listen to me. Just vote yes. This bill simply, this bill is really, in all seriousness, is a bill that comes about as a result of the illegal use, possession, or discharge of firearm in the commission of a crime. What it says is there is a rebuttable presumption that no bond will be set if that, if it can be shown that the person is not, is a danger to the community or will not appeal for trial. That presumption is rebuttable before a district court judge or superior court judge. The second part of the bill simply states that if you don't appear after bond has been set or no bond was ever said or the bond amount was $500, if you didn't appear it would cost you an extra $500 or $1,000 for failure to appear. I'd be happy to answer any questions. By the way, for those who may have a question about the rebuttable presumption, we used this same thing in drug cases and in gang-related cases. I'll be happy to answer any questions. [SPEAKER CHANGES] Representative Faircloth, please state your purpose. [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] I urge your approval of this bill. This is the same bill that we had started over here and the Senate acted on it first. So I do urge you to approve it. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the house is the passage of the Senate Committee Substitute for Senate Bill 316 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote, 109 having voted in the affirmative, none in the negative. The Senate Committee Substitute to Senate Bill 316 is passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of the Senate Committee Substitute to Senate Bill 316 on its third reading. All in favor say aye. All opposed say no. The aye's have it. The Senate Committee Substitute to Senate Bill 316 is passed its third reading. The bill will be enrolled and sent to the governor. Senate Bill 372, the clerk will read. [SPEAKER CHANGES] House Committee Substitute Number Two for Senate Bill 372, a bill to be entitled an act to require notice and opportunity for comment from county boards when permits for land application of waste within that county are issued by Environmental Management Commission. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative McElraft, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker, members of the House. This is the same bill that we passed over here, House 458 except they have made a couple of changes. The Senate added section 2.1 which clarifies that the new informal bid amount established by section 2 applies to contracts awarded to disadvantaged business enterprises

Rises, and then the house environment committee clarified section one that the notice to the county commissioner requirement was only solid waste not liquid waste, and then the house transportation committee added one representative from the league of municipalities to the payment in lieu of taxes ?? Seems to be no opposition to this bill, please support it, thank you. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the house committee substitute number two for senate bill 372 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. Clerk will let the machine record the vote. 110 having vote in the affirmative, none in the negative, the house committee substitute number two to senate bill 372 has passed its second reading and without objection, will be read a third time. Further discussion, further debate? If not, the question before the House is the passage of the house committee substitute number two for senate bill 372 on its third read, all in favor say aye. All opposed no. You guys have it, the house committee substitute number two for senate bill 372 has passed its third reading. [SPEAKER CHANGES] It will be returned to the Senate. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] Rerefer a couple of bills. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Mr. Speaker, senate bill 553 short title is LMEMCO Enrollee agreements in pills. The bill was reported out of the HHS committee today or should be reported. In any event, would ask that the serial referrer to judiciary A be stricken so that we whenever we do receive that bill from HHS it would be eligible for the calendar. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] And senate bill 558 treasures investment bill ?? ?? is on the committee on rules, move that the bill be removed from the committee on rules, refer to the committee on finance. [SPEAKER CHANGES] Without objection, so ordered. Senate bill 386, the clerk will read. [SPEAKER CHANGES] House committee substitute for senate bill 386, bill’s been titled an act to provide representation of swine interests on the board of agriculture ?? ?? of North Carolina enacts. [SPEAKER CHANGES] Representative Dixon, please state your purpose. [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker, members of the House. This bill is to add an additional member to the Board of Agriculture making it eleven members and this would be an active pork producer to represent the swine industry in North Carolina. The only thing that you need to know to ?? this importance is all totaled. The pork value in North Carolina is in excess of 6.5 billion dollars I ?? your support for the bill, Mr. Speaker, I understand that Representative Steinburg has an amendment. [SPEAKER CHANGES] Representative Steinburg, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker, to set forth an amendment please. [SPEAKER CHANGES] The gentleman is recognized to set forth an amendment, the clerk will read. [SPEAKER CHANGES] Representative Steinburg moves to amend the bill on page 1 line 3 by rewriting that line to read [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Members of the House, what we’re doing here is trying to move along a bill that has been bogged down in the senate commerce committee, which I understand may not be meeting again this session, and this is the foreign trade ?? bill that many of you remember that breezed through all of the committees over here in the House without any dissenting vote as well as no dissenting votes on the House floor. It is imperative that this bill be enacted. It’s part of the Governor’s economic expansion program for the state of North Carolina, northeastern North Carolina in particular and I would mention to you that in the business North Carolina magazine there’s a cover story this month on the forgotten corner of our state which is northeastern North Carolina, so this is a bill that, this is an amendment rather, that reflects the language of a bill to produce jobs in northeastern North Carolina by creating foreign trade zones using the port of Norfolk, so I’m glad to answer any questions but again I would remind all the members that this did pass unanimously through each committee and also on the House floor, thank you. [SPEAKER CHANGES] Representative Dixon, please state your purpose. [SPEAKER CHANGES] Encouraging you to support the amendment, I think it’s a good collaborative effort. [SPEAKER CHANGES] Further discussion, further debate on the amendment. If not, the question before the House is the passage of the amendment set forth by Representative Steinburg to the house committee substitute for senate bill 386. All

In favor vote aye. All opposed vote no, before the clerk open the vote... The clerk will let the machine record the vote. 111 having voted affirmative. The amendment passes. We’re back on the bill. Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to Senate bill 386 as amended on it’s second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote... All members, please record. Representative Tolson, Warren, are Brown. The clerk will let the machine record the vote. 111 having voted affirmative. The House Committee Substitute to Senate bill 386 as amended as passed in its second reading. The amendment changed the title of the bill so therefore we will carry it over to tomorrow for a third reading. Ladies and gentlemen of the House, we’re going to read in some Committee reports, and we intend to add some items to the calendar today for your planning purposes. Senate bill 353 will not be taking up for consideration today. Senate bill 353 will not be taking up for consideration today. Representative Howard and Jones are recognized standing before the Committee Report. The clerk will read. [SPEAKER CHANGE] Representative Holloway and Jones with the Health and Human Services Committee, Senate bill 553, LMEMCO enrollee. Got it’s appeal, favorable is the House Committee. Substitute unfavorable is City Committee Substitute and re-referred to Judiciary Subcommittee A. [SPEAKER CHANGE] The House Committee Substitute will be re-referred to Judiciary Subcommittee A. The Chair stands corrected. That referral was stricken earlier, House Committee Substitute calendar. Senate Committee Substitute, unfavorable calendar. Representative Blust is recognized as standing before the Committee Report. The clerk will read. [SPEAKER CHANGE] Representative Blust of the Judiciary A Committee, Senate bill 140, Financial Exploitation of Older Adults. Favorable is through the House Committee Substitute, unfavorable is through the Senate Committee Substitute number two. [SPEAKER CHANGE] House Committee Substitute calendar. Senate Committee Substitute number two, unfavorable calendar. Representatives Howard, Lewis, and Setzer are recognized standing before the Committee Report. The clerk will read. [SPEAKER CHANGE] Representatives Howard, Lewis, and Setzer for the Financial Committee, Senate bill 248, Choice of Hearing Aid Specialist, favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] Senate bill 378 ?? propane dealers distributors, favorable. [SPEAKER CHANGES] Calendar. Senate bill 571, authorized various special plates, favorable is House Substitute Committee number two, unfavorable is the House Committee Substitute number one. [SPEAKER CHANGES] House Committee Substitute number 2, calendar. House Committee Substitute number one, unfavorable calendar. [SPEAKER CHANGES] Senate bill 407 Electronic Vehicle Lien Title, favorable. [SPEAKER CHANGES] Calendar... The House be at ease... Ladies and gentlemen of the House, if the House would come to order... We are going to add we are conferring with the minority leader now. We anticipate adding some bills that are, more or less, matters we need take up. The Chair doesn’t anticipate any controversial bills. My role as Chair is working with the minority leader as

speak we have two bills before we would do that. Take up one more committee report and go to the remaining two bills on the calendar today. Senate Bill 1112, the clerk will read. [SPEAKER CHANGES] Representative Moffitt for the Regulatory Reform Committee, Senate Bill 1112. Favorable is to House Committee Substitute, unfavorable is to the City Committee Substitute. [SPEAKER CHANGES] The House Committee Substitute will be re-referred to the subcommittee, Commerce Subcommittee on Energy. Senate Committee Substitute unfavorable calendar. Representatives Howard, Lewis, and Setzer are recognized to send forth a committee report. The clerk will read. [SPEAKER CHANGES] Representatives Howard, Lews, and Setzer for the Finance Committee, Senate Bill 81, Charlotte Regional Airport Authority. Favorable to House Committee Substitute Number Two, unfavorable is to the House Committee Substitute Number One. [SPEAKER CHANGES] House Committee Substitute Number Two calendar. House Committee Substitute Number One unfavorable calendar. Senate Bill 465, the clerk will read. [SPEAKER CHANGES] Senate Bill 465, A bill to entitle an act to make it a criminal offense to sell, purchase, install, possess, transfer, or use or access an automated sales suppression device. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Luebke, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman's recognized to debate the bill. [SPEAKER CHANGES] Members of the House, this is a bipartisan bill coming over from the Senate. It seems there's a phenomenon known as zapper software and what it does is reduce the amount of purchases, shows fewer purchases than actually have been made at your cash register. The intent is to allow you to pay less in taxes. You take in the money it just doesn't show on the register. It's called zapper software and this would criminalize the use of that and I urge support. [SPEAKER CHANGES] Further discussion. Representative Horn, please state your purpose. [SPEAKER CHANGES] Ask Representative Luebke a question. [SPEAKER CHANGES] Representative Luebke, does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you, Representative Luebke. Is this stuff in other states? Honestly I haven't heard about it before. [SPEAKER CHANGES] Well I'll tell you, it's new to me, too. It just came over as a bipartisan bill and I guess it's been through our committees but I have heard it in committee. I was just asked if I would take it through. [SPEAKER CHANGES] Alright, thank you. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of Senate Bill 465 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote, 107 having voted affirmative, 1 in the negative. Senate Bill 465 is passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of Senate Bill 465 on its third reading. All in favor say aye. All opposed no. The aye's appear to have it. The aye's do have it. Senate Bill 465 is passed its third reading. The bill will be enrolled and sent to the governor. Senate Bill 653, the clerk will read. [SPEAKER CHANGES] House Committee Substitute for Senate Bill 653, a bill to entitle an act to clarify that a dealer license plate may be displayed on a motor vehicle driven on a highway by a person who is an employee of the dealer that employs at all times no less than three motor vehicle sales representatives. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stone, please state your purpose. [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen, we have complete agreements with DOT. This bill was actually House Bill 513 that we sent over, you're the unanimous out of this body and we'd ask you for the support of this bill. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the house is the passage of the House Committee Substitute to Senate Bill 65 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote, 108 having voted the affirmative, none in the negative. The House Committee Substitute to Senate Bill 653 is passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of the House Committee Substitute to Senate Bill 653 on its third reading. All in favor say aye. All opposed no. The aye's have it. The House Committee Substitute to Senate Bill 653 is passed its third reading.

Be returned to the Senate. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] Motion pertaining to today's calendar. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mister speaker, I have several bills that came out of committee we are asking to add to today's calendar with leave of the House. First of all is Senate Bill 553 LME/MCO Enrollee Grievances and Appeals. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] Senate Bill 140 Financial Exploitation of Older Adults. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] Senate Bill 248 Choice of Hearing Aid Specialist. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] Senate Bill 378 Assess Propane Dealer/Distributors. [SPEAKER CHANGES] Would the gentleman restate the number again please? [SPEAKER CHANGES] Senate Bill 378. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] Senate Bill 571 Authorize Various Special Plates. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] And Senate Bill 407 Electronic Vehicle Lien Title. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] And mister speaker and members, we do have a couple of bills out of the elections law committee that have not been reported in. Once those are reported in, we may also seek to have those added to today's calendar also. And by way of just giving folks notice, the two bills that we may seek to have added would be House Bill 436, which is a study bill for gubernatorial team ticket and Senate Bill 406 Repeal Laws Denied Section 5 Preclearance. I am not making the motion at this time, just giving members a heads up. [SPEAKER CHANGES] Ladies and gentlemen of the House, the clerk needs a couple of minutes to prepare for those bills that have been added to this calendar. The House will stand in recess until 3:10. The House will come back to order. Ratification to the bills and resolutions the clerk will read. [SPEAKER CHANGES] ?? Secretary of State, House Joint Resolution 1017, a joint resolution honoring the memory of the designers of the Grove Park Inn while observing the inn's one hundredth anniversary. [SPEAKER CHANGES] Members, all bills should be available on your dashboard. Senate Bill 140 the clerk will read. [SPEAKER CHANGES] House committee substitute for Senate Bill 140, a bill to be entitled an act to increase the recognition, reporting, and prosecution of those who would defraud or financially exploit disabled or older adults and to continue the task force on fraud against older adults as recommended by the task force on fraud against older adults. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Blackwell, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you mister speaker. I had the opportunity along with Senator Stan Bingham to chair a task force that met during this past interim to look into concerns about fraud and abuse being committed against seniors. And as a result of that task force meetings over the interim, there was legislation that was recommended and this bill that is before the House is a product of that recommendation. This actually represents a change in a couple of respects from the Senate bill that was adopted unanimously. But in essence what this bill does, in an effort to deal with concerns about increasing reports of fraud and abuse, is it increases penalties associated with such instances. It eliminates one of the stumbling blocks that prosecution has had of having previously to prove that a person was limited in their ability to manage their own affairs and that the person taking advantage of them knew that. So that basically this deals with people who take advantage of folks if they are above a certain age or if they are, in fact, disabled. Beyond that, the primary change change that was made in the PCS that is before us, as compared to the Senate bill: In the Senate bill originally there was provision that would allow the Department of Social Services, in the case of a disabled adult, and the District Attorney

Attorney's office in the case of individuals who were sixty or older simply write a letter and deliver it to financial institutions and without notice to the account holder who was being protected presumably be able to get access to those records by having a financial institution produce those records. There was a provision in the Senate bill as it came over that allowed that this could be done and for up to a hundred and eighty days no notice of that need be given to the account holder. In an effort to introduce a greater balance between the efforts to protect those over sixty or disabled and those property rights that they would have to know what's being accessed of theirs and protect their property rights. The PCS that's before you requires that rather than simply a letter being written from DSS or the district attorney that they would have to go with what they would consider to be a next parkay proceeding before a superior or district court judge or a magistrate. Justify why they wanted to have a look at medical record not medical records rather financial records and if they felt that it was important that notice not be given promptly or immediately to the account holder to satisfy that judicial official as to the length of time that was necessary to keep the notice from being given so that the investigation could be in presumably not also of accidently. Giving notice to the individual which could be a family member or a friend. Who might be thought of taking advantage of the senior. The provision that was added also retains the ability for the judicial official to make a finding that safety or health considerations on the part of the senior required that notice be delayed for up to a hundred and eighty days. But the judicial official would have to make that determination. Beyond that there are a few other technical changes such as the definition of accounts, changing the effective date. But I believe that's the gist of the bill with the final comment that this would extend the life of the task force. And would allow them to provide that the task force would also add to it's membership. A representative from the state bar. With the specialty in the area of privacy rights and property rights so that we would have somebody to help again to provide that balance between the property rights of the account holder and efforts through such agencies such as DSS and the attorney general's office or the district attorney's office to protect seniors from fraud and abuse. This passed the Senate as I said unanimously Senator Bingham was in agreement with the PCS that was presented in committee this morning, judiciary committee. I did not hear any audible objections in committee this morning and I would ask that the House to give it support to this new legislation. Thank you mister speaker. SPEAKER CHANGES: Representative Stan please state your purpose. SPEAKER CHANGES: To speak on the bill. SPEAKER CHANGES: Gentlemen is recognized to debate the bill. SPEAKER CHANGES: Mister speaker members of the House I'm conflicted about this I know that Representative Blackwell has done a lot of work on I'm thinkin' of objecting the third reading till I figure out on my page one line fourteen till seventeen what the significance is of the definitional changes of older adults because it used to be to be an older adult you had to be not of a certain age but sixty years of age or older who is not able to provide for social medical psychiatric psychological financial or legal services necessary to safeguard their rights. But all of that is taken over taken out and it's now older adults are everybody over sixty years of age. So if we could have a audio visual demonstration everybody here raise your hand if you're over sixty. There you go. You might want to study this overnight and see if you want you're bank account subpenaed without notice to you. There must be a better...some way to...I'm vote for it today but there must be a better way to safeguard over...

[0:00:00.0] …Then just by this way. [SPEAKER CHANGES] Further discussion further debate, Representative Blackwell, please state your purpose. [SPEAKER CHANGES] I just wanna respond quickly to Representative… [SPEAKER CHANGES] The gentleman is recognized to debate the bill second time. [SPEAKER CHANGES] Okay, the concern that Representative Stam raises is one that I had but it’s dealt with as it is in this way and I offer two comments in response at this point. One is one of the problems with getting prosecutions by the District Attorney is proving the element that’s being delighted here about the lack of capacity of a senior and getting the conviction against somebody for taking advantage of such a person by proving that a person who has not been determined legally incompetent was in fact limited in capacity was basically causing District Attorneys to say, “These cases are not worth taking, we really can’t do anything with them.” So, we were struggling to deal with that and decided that taking out that provision that concerns Representative Stam was the appropriate step. The second response was the amendment that we did in the PCS to require the supine rather than the provision that came over from the Senate that would have allowed DSS and the DA simply by writing a letter and saying, “Blackwell over 60 we might take look at his account because we heard his wife is taking advantage of his financial.” [Laughter] So, we put in the requirement for this supine there are requirements related to the judicial official determining that they are satisfied and we hope that this is striking that balance that I mentioned and that the continuation of the task force will continue to look at these very issues that I agree are important. [SPEAKER CHANGES] Further discussion or further debate, if not the question before the house is the passage of the House Committee Substitute to Senate Bill 140 on its second reading, all in favor vote aye, all oppose no, the clerk will open the vote. The clerk will lock the machine and record the vote. 103 having voted affirmative, six in the negative, the House Committee Substitute to Senate Bill 140 has passed its second reading and will remain on the calendar. Ladies and gentlemen we are going to remove one of the items that was intended to be on the calendar today to tomorrow without objections Senate Bill 553 re-calendared from today’s calendar and re-calendared for tomorrow. [SPEAKER CHANGES] Is there objections? [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] Representatives Louis and Moore are recognized to send forward the committee report the clerk will read. [SPEAKER CHANGES] Representatives Louis and Moore for the elections committee House Bill 436: Gubernatorial Team Ticket, the favorable ___[03:20] is Committee Substitute on the ___[03:22] of the original bill. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Moore please state your purpose. [SPEAKER CHANGES] I wanna ask that the bill that we just read be added to today’s calendar with end of the other matters that we have already had. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Senate Bill 406: Repeal Laws Denied Section 5 Preclearance, the favorable is House Committee Substitute on favorable as to the original bill. [SPEAKER CHANGES] Ladies and Gentlemen just on the disposition at 04:36 the Committee Substitute will be calendared original bill the unfavorable calendar on 04:06, House Committee Substitute calendar original bill unfavorable calendar. Representative Moore please state your purpose. [SPEAKER CHANGES] Mr. Speaker again this is one of that get noticed on earlier I would ask that bill also be added to today’s calendar with the conclusion of the other matters we have already added. [SPEAKER CHANGES] Without objection so ordered. Representative Fisher please state your purpose. [SPEAKER CHANGES] Mr. Speaker I would like to request that the remarks that I submitted to the clerk regarding the joint resolution on the ___[04:20] be included in the journal. [SPEAKER CHANGES] That so ordered if the lady wants so please present those remarks to the clerk, thank you. Representative Goolsby has recognized to send forward the conference report, the clerk will read. [SPEAKER CHANGES] Representative Glazier is recognized to send forward the conference report, the clerk will read. [SPEAKER CHANGES] To the President of the Senate, the Speaker of the House of Representatives, to conferees appointed to resolve the difference between the Senate and House of Representatives on House Bill 255: An act to provide that certain courses and academic credit hours… [0:04:59.8] [End of file…]

...?? transfer to ?? institutions shall not be included in the calculation ?? for purposes of the tuition surcharge. The conferees recommend sending the House of Representatives office report. Conferees of the Senate, Senator Soucek, Chair, Senators Tillman, Barefoot and Curtis. Conferees for the House of Representatives, Representative Glazier, Chair, Representatives Holloway, Johnson and Horn. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] Senate Bill 248, the Clerk will read. [SPEAKER CHANGES] Committee Substitute for Senate Bill 248, a bill to be entitled An Act to Ensure that Patients have the Right to Choose Their Hearing and Aid Specialists Under Their Health Benefit Plans, to Authorize North Carolina State Hearing Aid Dealers and Fitters Board to Increase Certain Fees and to make Technical Changes to the Statute on Choosing Services or Providers. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Ladies and gentlemen of the House, upon motion. Well, actually, on behalf of all the members and on behalf of the Chair, the Chair is happy to extend the courtesies of the gallery to the Governor's pages. I believe the Governor's pages are over here to the left. Please stand and let us welcome you. [Applause] Representative Moffitt, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Since I wasn't paying attention in Finance this morning, I get to run this bill on the floor. This is Senate Bill 248. Very straight forward. Section 1 essentially adds a duly licensed hearing aid specialist to the list of health care providers from which an insured may choose under a policy. So it amends general statute to do so. Section 2 of the bill allows the board to increase their assessment. It is a may assessment, not a forced assessment, from $250 to $500. And Section 3 makes conforming changes to general statutes regarding the State health plan. I'd appreciate your support. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the Senate Committee Substitute to Senate Bill 248 on its second reading. All in favor vote aye, all opposed vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. One hundred and eleven having voted in the affirmative. None in the negative. The Senate Committee Substitute to Senate Bill 248 has passed its second reading and without objection. It will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Michaux, please state your purpose. [SPEAKER CHANGES] I'd like to ask the gentleman a question. [SPEAKER CHANGES] Representative Moffitt, does the gentleman yield? [SPEAKER CHANGES] Reluctantly, I do, yes. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] You may be disadvantaged, but what changes were made as far as the State health plan is concerned, do you know of? [SPEAKER CHANGES] Representative Michaux, I appreciate the question. Essentially, all I can tell you without, these were conforming changes to basically allow that duly licensed hearing aid specialists to be added to the list, within the provider list. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the Senate Committee Substitute to Senate Committee Substitute to Senate Bill 248 on its third reading. All in favor vote aye, or say aye. All opposed say no. The ayes have it. The Senate Committee Substitute to Senate Bill 248 has passed its third reading. The bill will be enrolled and sent to the Governor. Senate Bill 378, the Clerk will read. [SPEAKER CHANGES] Committee Substitute for Senate Bill 378, a bill to be entitled An Act to Authorize the Referendum of Propane Dealers and Distributors Regarding a Voluntary Assessment on Propane, to Provide Funding for Promotional, Educational and Other Programs of the Industry. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the Senate Committee Substitute to Senate Bill 378 on its second reading. All in favor vote aye, all opposed no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. One hundred and seven having voted in the affirmative. Three in the negative. Senate Committee Substitute to Senate Bill 378 has passed its second reading and will remain on the calendar.

Senate bill 407, the clerk will read. [SPEAKER CHANGES] Committee substitute for Senate bill 407, a bill to entitle an act to require the Division of Motor Vehicles to implement a statewide electronic lien system to process the notification or release of security interests and certificate of title data, general assembly of North Carolna enacts. [SPEAKER CHANGES] Rep. Cleveland, please state your purpose. [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Senate bill 407 be removed from today's calendar, recalendared for tomorrow. [SPEAKER CHANGES] Without objection? So ordered. [SPEAKER CHANGES] Rep. Hager. [SPEAKER CHANGES] Is the gentleman carrying Senate bill 378? Ladies and Gentlemen, the vote was called before, I think Rep. Hager was busy, the chair was somewhat uncomfortable with calling the vote without at least a comment before the vote was called. It was recalendared for- it remained on the calendar without objection, the chair would like to bring it back before us for third reading and to have Rep. Hager speak on the bill. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] Sen. bill 378, the clerk will read. [SPEAKER CHANGES] General assembly of North Carolina enacte. [SPEAKER CHANGES] Rep. Hager, please state your purpose. [SPEAKER CHANGES] Thank your Mr. Speaker. I think Rep. Collins is probably up on this bill and would like to refer to him. [SPEAKER CHANGES] Rep. Collins, please state your purpose. [SPEAKER CHANGES] Senate bill 378 i s a bill that passed the Senate in a bipartisan fashion in fact, I think it's sponsored bipartisanly by Senators Rabin and Walters. It's something that's been requested by the propane gas association, it's a self-assessment on their members according to the association 95% of their members have asked for it, it's 2/10ths of 1 cent per gallon assessment that basically goes from the dealers to their association's foundation and it's basically for educating them, and for educating hte public, and for advertising the propane business as a whole. We do this for 19 commoditites already here in North Carolina. It's illegal for them to actually tack this on to the price of consumers at the end, and they really shouldn't have to because part of the money, I said, does go to adverise their business so it should actually help them. If a dealer decides they don't want to be a part of it, or decides the only way they could be a part of it is to add to the cost, to the 2/10ths of a cent or whatever, they can actually request in writing and get their assessment back if they don't agree with their industry's association. So it has safeguards built into it. The reason they're asking us to do this, becausae they used to have a similar assessment from the feds, the national level, and that was cut in half, and they're getting to the point I think in their treasury where they're in danger of some federal things kicking in to where they'll no longer be able to advertise their industry and all that type of thing. So we're trying to help them to make up themselves by an assessment on the state level what they've been cut on the federal level. I don't know of any opposition to this. Like I say if any individual propane dealers are opposed to it, they can basically opt out of it by written request, so I would encourage your support of this, thank you. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of Senate committee substitute to Senate bill 378 on its third reading. All in favor say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say no? The "aye"s have it, the Senate committee substitute to Senate bill 378 has passed its third reading and will be enrolled and sent to the governor. Senate bill 571, the clerk will read. [SPEAKER CHANGES] House committee substitute for Senate bill 571, a bill to entitle an act to authorize the Division of Motor Vehicles to issue various special registration plates and to amend for provisions of various special registration plates. General assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Warren, please state your purpose. [SPEAKER CHANGES] To speak to the bill, please. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Colleagues, this is this session's license plate bill. This bill simply adds three new license plates to our inventory, and I'd appreciate your support on the bill. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the House committee substitute number 2 for Senate bill 571 on its second reading. All in favor vote "aye", all opposed "no", the clerk will open the vote. The clerk will lock the machine and record the vote. 108 having voted in the affirmative, 2 in the negative, the House committee substitute number 2 for Senate bill 571 on its second reading has passed its second reading without objection and will be read a third time. [SPEAKER CHANGES] General assembly of North Carolina enacts.

further discussion further debate if not the question before the house is the passage of the house committee substitute number 2 for Senate Bill 571 on its third reading all in favor say Aye all opposed No. The Aye's have it. The House Committee Substitute number two for Senate Bill 571 has passed its third reading be returned to the Senate. House Bill 436 the clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 436 Bill between ?? and ?? joint legislative elections oversight committee to study an Amendment to the Constitution of North Carolina and to have the Governor and Lieutenant Governor run as a team on the general election ballot general assembly of North Carolina annexed [SPEAKER CHANGES] Representative Jones please state your purpose [SPEAKER CHANGES] to debate the bill [SPEAKER CHANGES] The gentleman is recognized to debate the bill [SPEAKER CHANGES] Thank you Mr Speaker, ladies and gentlemen of the house this bill is debated in elections today it is simply a study bill that would study the feasibility of having the Governor and the Lieutenant Governor running together on the fall ticket. We would appreciate your support. [SPEAKER CHANGES] Representative Pittman please state your purpose [SPEAKER CHANGES] Speak on the bill [SPEAKER CHANGES] Gentleman is recognized to debate the bill [SPEAKER CHANGES] Mr Speaker it might be more appropriate if I did this it would have actually gotten a Bill that was going to do it instead of doing a study bill but I'm not sure I'll be here when this ever comes out so I feel like I need to say this now. I'm an old Tarheel and I know they don't teach history in our schools today quite the way they did when I was coming along but this issue strikes to me something about the history of our state that I think need to be aware of. You may or may not be aware of a traditional weariness of Tarheel citizens of being wary of the Government and being reluctant to give to much power in to many places we were the twelfth state to ratify the US Constitution cause we had some problems about that and wanted to be sure about some things and as I recall we were either last or near the last state to give the Governor a veto because of that kind of reluctance about to much power. I believe that it is wisdom of our predecessors in this state to make a Lieutenant Governor an office with some independence from the Governor [SPEAKER CHANGES] Representative Pittman the gentleman I think acknowledged that at the point and time when he began the discussion the Chair is going to encourage you to confine your comments because the gentleman would really be talking about the outcome of the study rather then the substance of the bill before us which is to simply study the matter. [SPEAKER CHANGES] Thank you Mr Speaker. I'd just say since I'm against doing it I'm even against studying it. Thank You [SPEAKER CHANGES] Now that was right on point. Further discussion further debate. If not the question before the house is the passage of the house committee substitute of house bill 436 on its second reading. All in favor vote Aye all opposed No. The clerk will open the vote. The clerk ?? machine recorded the vote 89 having voted affirmative 21 in the negative the house committee substitute to house bill 436 has passed its second reading without objection will be read a third time. Chairman assembly of North Carolina ?? further discussion further debate if not the question before the house is the passage of the house committee substitute to house bill 436 on its third reading. All in favor say Aye. All opposed say No. The Aye's appear to have it. The Aye's do have it the house committee substitute to house bill 436 is passed its third reading and will be sent to the Senate. House bill 406 the clerk will read. The chair stands corrected that's Senate Bill 406. [SPEAKER CHANGES] House Committee substitute for Senate Bill 406 a Bill to file act and repeal laws and ordinances that were denied pre-clearance under section 5 of the voting rights act of 1965 General Assembly of North Carolina annex. [SPEAKER CHANGES] Representative Moore please state your purpose [SPEAKER CHANGES] To debate the Bill [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Mr Speaker members of the House what this bill would very simply do is to repeal any ordinances, resolutions, acts or any kind of laws that were denied pre-clearance by the Federal Government prior to June 25th 2013. As many of you may know there was a Supreme Court case that came down striking section 5 but we have and there were a number of

provisions that have been acted on by various municipalities, counties, and states that were denied pre-clearance. Those things are just sort of still floating around out there, and what this would very simply do is would repeal any of those, so that they are declared void, they are repealed, and that Section 5 isn't an issue because whether it was a state, municipality, or county, whatever entity, would not be asking to do it. Things that would be pre-clearance issues would be things that affect the Voting Rights Act. Anything that would limit access to the ballot box, the would oppose and un-deburden, we won't get involved in that, but the point of it is, is that what this does is cleans up a lot of bad laws that the Feds said were not appropriate. That's all this bill does, and I would urge your support. [SPEAKER CHANGES]Representative Shaw, please state your purpose. [SPEAKER CHANGES]I'd like to ask the gentleman a question. [SPEAKER CHANGES]Representative Moore, does the gentleman yield? [SPEAKER CHANGES]Sure. [SPEAKER CHANGES]The gentleman yields. [SPEAKER CHANGES]Representative Moore, you indicated in your comments that the decision to repeal Section 5. It did not repeal Section 5, it was Section 4 that was repealed. Section 5 is still in effect, isn't it not? [SPEAKER CHANGES]Actually it's the coverage formula of Section 4b. That's correct, and that's what this bill goes to. That's correct. [SPEAKER CHANGES]Further discussion, further debate. If not, the question before the House is passage of the House Committee substitute to Senate Bill 406 on its 2nd reading. All in favor vote aye, all opposed vote no, the clerk will open the vote. The clerk slot machine will record the vote. 107 having voted in the affirmative, 3 in the negative, the House Committee substitute to Senate Bil 406 has passed its 2nd reading, and without objection will be read a 3rd time. [SPEAKER CHANGES]General Assembly of North Carolina in acts. [SPEAKER CHANGES]Further discussion, further debate. If not, the question before the House is passage of the House Committee substitute of Senate Bill 406 on its 3rd reading. All in favor say aye, all opposed say no. The aye's have it. The House Committee substitute to Senate Bill 406 is passed its 3rd reading. The bill will be returned to the Senate. [SPEAKER CHANGES]Mr. Speaker. [SPEAKER CHANGES]Representative Moore, please state your purpose. [SPEAKER CHANGES]Motion for re-refferal of the bill. [SPEAKER CHANGES]The gentleman may stay this motion. [SPEAKER CHANGES]Mr. Speaker, Senate Bill 659, short title is Map 21 Conforming Revisions, move that the bill be removed on the Committee Appropriations Calendar pursuant to rule 36b, but not added to today's calendar. [SPEAKER CHANGES]Without objection, so ordered Representative Harrison, please state your purpose. [SPEAKER CHANGES]I'd like to be recorded as voting no on House Bill 436, please. [SPEAKER CHANGES]The lady will be recorded as voting no. [SPEAKER CHANGES]Thank you. [SPEAKER CHANGES]Special messages from the Senate, the clerk will read. [SPEAKER CHANGES]Special message from the Senate, Mr. Speaker, for Sunday's message received on July 9th, 2013, the House of Representatives fails to concur in the Senate Committee substitute for House Bill 232, a bill to be entitled and act to, and identical to other changes to the state health plan. The request comprise, the present pro-tem appoints of Apodaca as chair, with Hise, Gunn, and Mclaurin, all the part of the Senate, and confer with a like committee appointed by your honorable body to the end that the differences arised may be resolve, respectfully, Sara Lane, Principle Clerk. [SPEAKER CHANGES]Noted. [SPEAKER CHANGES]Mr. Speaker, Pursuant to your message received on July 9, of that now representative fails to concur in the Senate Committee substitute for House Bill 250, a bill to entitle and act to apply for a Roma park, and procedures in certain skews applied to charter schools and requires comprise present pro-tem appoints, Senator Tillman, Chair, Senators Soucek, Sanderson, and Walters on the part of Senate to confer with a like committee appointed by your honorable body to the end that the differences arised may be resolve, respectfully, Sara Lane, Principle Clerk. [SPEAKER CHANGES]Noted. [SPEAKER CHANGES]Mr Speaker, Sorry that a message to be sent to the House of Representatives with the information that the Senate fails to concur in the House Committee substitute number 2, for Senate Bill 337, a bill to be entitled and act to create a North Carolina Public Charters School board, and make other changes to charter school laws, and request comprise, the president wrote pro-tem appoints Senator Tillman, Chair, Senators Soucek, Wade, and Clark on the part of the Senate to confer with a like committee appointed by your honorable body to the end that the differences arised may be resolved, Respectfully, Sara Lane, Principle Clerk [SPEAKER CHANGES]Noted. [SPEAKER CHANGES]Mr. Speaker, Pursuant to the message from then Senate of July 2nd, 2013, informing the House of Representatives that the Senate fails to concur in the House committee substitute for Senate Bill 683, and bill to be entitled and act to create a safe harbor for victims of human trafficking and for prostituted minors it is already their message to be sent to your honorable body with information.

[0:00:00.0] Senate request conferees to President Pro Tempore appoints Senator Goolsby, Chair; Senators Barringer and Canard on the part of the Senate to confer with the like committee appointed by ___[00:12] and the difference arise maybe resolved respectfully principle clerk. [SPEAKER CHANGES] Noted, ladies and gentlemen the house on Senate Bill 337, the house conferees will be Stam, Chair, Hardister, Hager, and Glazier, Representative please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker, I would like to be recorded as having voted no on Senate Bill 436 and yes on Senate Bill 406. [SPEAKER CHANGES] No on House 436? [SPEAKER CHANGES] Yes, and yes on 406. [SPEAKER CHANGES] The lady will be recorded. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Representative Jordan McGrady is recognized to send forward the committee report, the clerk will read. [SPEAKER CHANGES] Representative Jordan McGrady our judiciary subcommittee B, Senate Bill 455: Increased Penalty/Seed Law Violations. Favorable calendar, Senate Bill 353: Motorcycle Safety Act. The favorable is House Committee Substitute and unfavorable is to the original bill. [SPEAKER CHANGES] House Committee Substitute calendar original bill unfavorable calendar. [SPEAKER CHANGES] Senate Bill 636: Wildlife Resources Comm. Penalty Changes. Favorable is the Committee Substitute number 2, House Committee Substitute number 2, unfavorable is the House Committee Substitute number 1. [SPEAKER CHANGES] House Committee Substitute number 2 calendar, House Committee Substitute number 1 unfavorable calendar, Representatives Howard, Louis and ___[01:57] are recognized to send forward the committee report, the clerk will read. [SPEAKER CHANGES] Representatives Howard, Louis and ___[02:02] for the finance committee Senate Bill 103: Amend assessments for infrastructure needs, the favorable is House Committee Substitute, unfavorable is Senate Committee Substitute. [SPEAKER CHANGES] House Committee Substitute calendar, Senate Committee Substitute unfavorable calendar, Representative Baskerville please state your purpose. [SPEAKER CHANGES] I like to be recorded as yes on 406, Mr. Speaker. [SPEAKER CHANGES] The gentleman records his vote aye on 406. [SPEAKER CHANGES] Yes Sir. [SPEAKER CHANGES] Representative Ford please state your purpose. [SPEAKER CHANGES] Mr. Speaker to be recorded as yes on SB465. [SPEAKER CHANGES] The gentleman records his vote aye on 465, Representative Adams please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker, a no on 436 please. [SPEAKER CHANGES] The lady records her voting no 436. Notices and announcements, Representative Jones please state your purpose. [SPEAKER CHANGES] One announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker I would like to announce the legislative prayer caucus will meet tomorrow morning at 07:30 at room 414. [SPEAKER CHANGES] Representative Stan please state your purpose. [SPEAKER CHANGES] There will be a republican caucus in room 544 at about 04:30. [SPEAKER CHANGES] Representative Stein please state your purpose. [SPEAKER CHANGES] One announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The energy in emerging markets subcommittee of commerce will meet 50 minutes after session in room 425 will be taking up Senate Bill 112. [SPEAKER CHANGES] Representative Warren please state your purpose. [SPEAKER CHANGES] One announcement, Sir. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The government committee will meet tomorrow in room 544 at 10:00 AM and encourage all members to be… [SPEAKER CHANGES] Further notices and announcements, Representative Larry Hall please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The democratic caucus will meet one hour before session tomorrow, one hour before session tomorrow and Mr. Speaker question about session time for tomorrow. [SPEAKER CHANGES] If the gentleman ____[04:11] that’s why we are working on right now. [SPEAKER CHANGES] Okay, thank you Mr. Speaker. [SPEAKER CHANGES] Ladies and Gentlemen the house conferees for Senate Bill 683 will be Glazier, Chair; Stam, Conrad, Davis, McGrady. [0:04:59.8] [End of file…]

If the house will come back to order. We're trying to figure out the earliest time that we can meet tomorrow morning. And Representative Cleveland's recommendation of 7:00 AM is out of order. The chair would like to know whether or not if we have session at 11:00 AM if that conflicts with any committee meetings. Representative Warren. [SPEAKER CHANGES] Mr. Chair for correction on announcement. [SPEAKER CHANGES] The gentleman may make his announcement. [SPEAKER CHANGES] Thank you sir. In the interest of making sure everybody in the Government committee does arrive on time. I'm now going to give you the correct room number. It is 643 at 10:00 AM. [SPEAKER CHANGES] Again, is there any concern among any committee chairs with having session at 11:00 tomorrow? Trying to move it up. We anticipate a lengthy debate tomorrow on at least one bill. Clerk will read. [SPEAKER CHANGES] The House Rules Committee will meet 15 minutes after session today in 12281327. Representative Pittman please state your purpose. [SPEAKER CHANGES] Yes, thank you. I'd would like to change my vote on Senate Bill 378 to a no. [SPEAKER CHANGES] The gentleman ?? is voting no on 378. The House will come to order. Ladies and gentleman we're about to finish up business here. Representative Hall the chair understands that on Senate Bill 353 the debate tomorrow will be time limited to three hours, two hours to be allotted to minority, one hour allotted to the majority. And that on that basis we would not have an objection to third reading, and therefore be able to continue, or complete the business tomorrow rather than carry it over to Friday. Is that understanding correct? [SPEAKER CHANGES] That is correct Mr. Speaker. Democratic Caucus will only take two hours in debate and will not object to third. [SPEAKER CHANGES] Further notices and announcements. Representative Moore is recognized. [SPEAKER CHANGES] First of all for a motion for re-referral Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Mr. Speaker House Bill 695 which was the Faith, Family and Freedom Act. That bill was countered for ?? rule 36B. Move that the bill be removed from the calendar, refer to the committee on rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] Representative Lou could you please state your purpose. [SPEAKER CHANGES] Could Representative Moore just repeat, there was a lot of noise here, repeat what he said about House Bill 695. [SPEAKER CHANGES] I will and I'd actually like to withdraw that motion and restate that motion. [SPEAKER CHANGES] The gentleman may restate the motion. [SPEAKER CHANGES] House Bill 695 which was the Faith, Family and Freedom Act I believe is the short title. I move that bill be referred to the Committee on Ways and Means. [SPEAKER CHANGES] Without objection, so ordered. The House will come to order. Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker I move that the House do now adjourn, to reconvene on Thursday, June the 11th, 2013 at 11:00 AM subject to ratification of bills, receipt of messages from the Senate, receipt of committee reports, receipt of conference reports, re-referral of bills and resolutions, appointment of conferees, and modifications to the calendar. [SPEAKER CHANGES] Representative Moore moves. [SPEAKER CHANGES] And introductions of bills and resolutions. [SPEAKER CHANGES] Representative Moore moves seconded by Representative Cleveland.

Subject to introduction of bills and resolutions, ratification of bills and resolutions, receipt of messages from the Senate, committee reports, conference reports, re-referral bills and resolutions, appointment of conferees and modifications to the calendar. That the House to now adjourn to reconvene tomorrow, July 11th at 11 AM, all in favor say aye, all opposed say no. The ayes have it. The House stands adjourned.