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House | March 7, 2013 | Chamber | Session

Full MP3 Audio File

The house will now come to order. Members will take their seats. the visitors will retire from the chamber. And the sgt at arms will close the doors. Members and visitors will please silence all cellular phones. And the prayer will be offered by representative Marcus Brandon. [SPEAKER CHANGES] Today's prayer is inspired by my football coach and FCA leader Mickey Akenson, who always instilled in us to love, forgive and be a blessing. May we bow our heads please. Dear father god we thank you for the opportunity of prayer. We thank you for the opportunity of love, we thank you for the ability to forgive. And we thank you for the opportunity of being a blessing. As we go through these days in the general assembly. Give us this strength to realize our example comes from Christ of love. That may we love one each other like he loved us. He gave his life for us. May we understand that we are to forgive. Forgive ourselves and to forgive others. And we remember that we are here to be a blessing. A blessing to our father, a blessing to each other and a blessing to other people. In his name we pray, amen. [SPEAKER CHANGES] Members and visitors in the gallery will please stand and remain standing. I pledge allegiance to the flag, of the united states of america. And to the republic for which it stands. One nation, under god, indivisible with liberty and justice for all. Representative Moore is recognized. [SPEAKER CHANGES] Mr speaker the journal for Wednesday March the 6th 2013 has been examined and found to be correct. Moves this approval is ready. [SPEAKER CHANGE] Representative Moore moves that the journal for March 6th be approved as written. Those in favor say aye. Those opposed say no. The aye's have it. And the journal is approved as written. Petitions, memorials, or papers addressed to the general assembly or the house? None. Ratification of bills and resolutions. Clerk will read. [SPEAKER CHANGES] Enrolling, clerk reports foreign bill due to rad 5 for presentation to the governor. House related to an act update in reference to internal revenue code ?? certain divisions federal american tax payers redacted ?? 2012 and following bill is right property role ?? private sale or long term lease. [SPEAKER CHANGES] Chapter bills will be noted. I'd like to introduce the nurse of the day. And that is Judy Rasfin of Newberg. Glad you're here. If ya'll would make nurse Rasfin welcome. Introduction of bills and resolutions. The clerk will read. [SPEAKER CHANGES] Representatives Malon Martin, Brody and Samuelson, house bill 230 amend law defining home school. [SPEAKER CHANGES] Education. [SPEAKER CHANGES] Representatives Lucas Elbell, former Butterfield and Marbly. House bill 231, general assembly. Make all legislative assistance permanent full time funds. [SPEAKER CHANGES] Appropriations in favorable to rules, calendars, and operations of the house. [SPEAKER CHANGES] Representative Dockem, house bill 232 state health plans, statutory changes. [SPEAKER CHANGES] Insurance in-favorable to finance. [SPEAKER CHANGES] Representative Dockem, house bill 233, long term care insurance changes. [SPEAKER CHANGES] Insurance, in-favorable finance. [SPEAKER CHANGES] Representative Millis, house bill 234, correct technical error pending alcoholic beverage control laws.[SPEAKER CHANGES] Commerce and job development sub committee on alcoholic beverage control and if favorable finance. [SPEAKER CHANGE] Representative Blanbok Whitmire, Brandon and Ramsey, house bill 235, parents consent required to quit school.[SPEAKER CHANGES] Education and if favorable, judiciary sub committee C. [SPEAKER CHANGES] Representative Mikel Raf, house bill 236 permanent registration plates for authorities.[SPEAKER CHANGES] Transportation. [SPEAKER CHANGES] Representative Richardson, house bill 237. Franklin county volunteers and medicine clinic funds. [SPEAKER CHANGES] Appropriations. [SPEAKER CHANGES] Representative Cleveland Dockem, house bill 238, maintaining water and sewer fiscal health. [SPEAKER CHANGES] Health and human services if favorable environment if favorable finance. [SPEAKER CHANGES] Representatives Cleveland and Malone. House bill 239, none resident scholarship out of state tuition. [SPEAKER CHANGES] Education and if favorable appropriations.[SPEAKER CHANGES] Representative Dockem house bill 240, insurance technical clarifying changes.[SPEAKER CHANGES] Insurance. [SPEAKER CHANGES] Representative Brisson and Wydell, house bill 241, blue monday ?? [SPEAKER CHANGES] Rules calenders, and operations of the house. [SPEAKER CHANGES] Representatives ..

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… discipline, applied to a specific set of statutes. This is not a simple bill, as it can be technical and complicated, representing many improvements and efficiencies in primarily Chapter 48 of the General Statutes, the laws regarding adoptions. But as technical and complicated as it may appear, there is little we deal with more important than the best interests of a child and providing him a safe and permanent home, in this case, through adoption. However, even though I will not tell you that it’s a simple bill, it is one that should be devoid of controversy in any measurable manner. I appreciate the assistance of my colleagues, Representative Stevens and Representative Glazier. As a bipartisan group of primary sponsors, we bring you this proposed legislation. Let me briefly give you an overview of the parts of this bill. Section One. This change would clarify that in cases where a parent has relinquished a child for adoption, the case is scheduled for hearing on the plan proposed by the Department of Social Services or the adoption agency, unless number one, the juvenile is the subject of an adoption decree, or two, if only one parent has relinquished for adoption, the other parent’s rights are not being terminated, and their consent cannot be obtained. It also clarifies that the procedure for court review is by petition if the juvenile court is not exercising jurisdiction or by motion for review if the juvenile court already has jurisdiction. Finally, the change simply clarifies that if a parent relinquishes a child for adoption, then they’re no longer an official party in the actions by giving up those parental rights. Section Two. This change would allow a stepparent adoption to be completed after the death of a stepparent, after giving notice to parties who have consented to the adoption. Allowing a stepparent adoption to be completed after the death of the stepparent would allow the intended adoptee to receive any inheritance or other benefits that the adopting stepparent intended. Requiring notice to the parties who consented to the adoption before the stepparent’s death would give them the opportunity to tell the court if they believe that the adoption should not be completed now that the stepparent has died. Section Three. This change would amend the statute to clarify the procedure for obtaining an order that no consent to adoption is required from a person who is served with notice and does not respond. Current law states that no consent to an adoption is required from an individual who does not respond within 30 days after having been given notice of an adoption. Without changing any substantive law, this amendment specifies a procedure for establishing that such individual’s consent is not required. Section Four is a conforming change to existing law. If you’re following along in the bill, you’ll notice that in the current statutes, Subsection A has been repealed. Subsection B refers to filing being in accordance to Subsection A, which, again, has been repealed. Subsection C is therefore the entire section, so we’ve changed the title of that section. Section Five. This change would amend current law to do three things. First, clarify when adoptive parents must file a certificate that their home study has been delivered to the consenting parent. Number two, require filing any judgement of conviction of a crime that establishes that an individual’s consent to adoption is not required, and number three, clarify that required documents may be filed without the necessity of a motion and order when they become available. These procedural changes make the statutes in Chapter 48 more internally consistent, give guidance on documents that should be filed with the court, and provide needed flexibility on when documents can be filed. Section Six. This change would eliminate the requirement of giving notice of an adoption proceeding to a man whose consent to the adoption is not required due to his conviction of a specified crime that resulted in the conception of the adoptee. This change would deny a man whose consent to adoption is clearly not required due to his conviction of a crimes that resulted in the conception of the adoptee, such as first degree rape, or rape of a child (adult offender), having a right to receive notice of the adoption and the opportunity to force a hearing on the question of whether his consent should be required. It’s been the experience of some adoption attorneys that a man in prison for rape may be tempted to force a hearing in the adoption of that child just for the purpose of being taken out of prison for a day in court. Section Seven. This change would add a reference to conviction under rape of a child (adult offender), to the list of crimes specified. Current law states that upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48. So, this change would supply a missing statute reference without changing substantive law. Sections Eight and Nine. These changes amend the statutory sections regarding consents to adoption and relinquishments for adoption so that a birth parent must be given a signed copy of the …

Sent or relinquishment but not also an unsigned copy. This change would simplify signing consents and relinquishments for adoption by eliminating a redundant requirement that the parent or guardian be given both a signed and an unsigned copy of his or her consent or relinquishment. For the protection of those parties giving a child up for adoption the amendment retains existing requirements that the party read the document and receive a signed copy of it. Sections 10 and 11 for clarity certain requirements for signing or relinquishment for adoption that are currently incorporated by only statuary reference in the statutes amended by this bill in sections eight and nine would instead be fully set out in both sections. Section 12. This change would permit the court to void a birth mother’s relinquishment at the agency’s request if the court finds an adoption will not take place. Sometimes a birth mother signs a relinquishment to an adoption agency or a county department of social services for the adoption of her child but it later appears there’s a birth father who refuses to consent or relinquish and whose parental rights cannot be terminated. That means there will not be an adoption. But the agency or DSS still has responsibility for the child. This proposal would provide a procedure for asking the juvenile court to undo the mother’s relinquishment and return the legal situation to where it was before the mother gave the child to the agency. If the child needs protective services at that point they can be supplied in the normal way. Section 13. Like section seven this change would add a reference to a conviction of rape of a child adult offender to the list of crimes specified conviction of which results in no visitation. This change would supply missing statute reference without changing substantive law. Mr. Speaker and colleagues I appreciate your attention. And again I appreciate the assistance of my colleagues Representative Stevens and Representative Glazier. I commend the bill to you for a green vote. And I stand ready to answer any questions you may have. Thank you. [SPEAKER CHANGES] Further discussion, or debate. Representative Pittman is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker. I would like to ask Representative Jordan a question if I might. [SPEAKER CHANGES] Does Representative Jordan yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] This is not a hostile question so don’t think it. [COUGH] The reason I’m asking this is because a particular situation I’m inv, I know about. If on the birth certificate it was put father unknown and the father is known is there any way that that father later could have any claims that this, and how would this affect his effort if he tried make a claim later on. [SPEAKER CHANGES] But he’s not on the birth certificate? [SPEAKER CHANGES] Not on birth certificate but he is known and he is in involved. [SPEAKER CHANGES] Yes, if he is known and, and involved then he his consent would be required to do an adoption. [SPEAKER CHANGES] Thank you sir. [SPEAKER CHANGES] Other further discussion or debate? If not the question before the House is the passage of House bill 120 on its second reading. All those who favor vote aye. If not vote no. The clerk will open the vote. [BLANK_AUDIO] The clerk will open the machine and record the vote. The ayes being 112, the nos being zero. The bill is passed on second reading. And will without objection be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate? If not all those in favor will say aye [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All those opposed say no. The ayes have yet. The motion carries and the bill’ll be sent to the Senate. House bill, let me go back. House bill 120 on the calendar. The sponsors would like that heard on Monday’s calendar and will without objection will be calendared on Monday. Any objection? So ordered. I’d like to extend the courtesies of the gallery to some of our visitors today. On behalf of all the members of, of the House the chair is happy to extend the courtesies of the gallery to the members of North Carolina School Counselors Association. If you’re here and would stand if you’re from that association let us greet you. [SOUND] We’ll take a couple of committee reports here for a report

The clerk will read. Representative Blust has a report. [SPEAKER CHANGES] Representative Blust, Judiciary Subcommittee A, House Bill 95. Immunity of Public Safety Dispatchers. favorable is to the Committee Substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Unfavorable Calendar for the original bill, and Calendar for the Committee Substitute. [SPEAKER CHANGES] House Bill 142. Provide Access to Campus Police Records, favorable as to the Committee Substitute, unfavorable as to the original bill. [SPEAKER CHANGES] The Committee Substitute on the Calendar, the original, unfavorable, Calendar. Representative Stone and Warren are recognized. [SPEAKER CHANGES] Representative Stone and Warren, the Government Committee. House Bill 140, City of Lowell Regulate Utility Vehicles, favorable. [SPEAKER CHANGES] Calendar [SPEAKER CHANGES] Senate Bill 95, Tabor City Election, favorable. [SPEAKER CHANGES] Calendar. House Bill 149. The clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 149. The bill has been An Act to Make It a Criminal Offense to Fail to Report the Disappearance of a Child to Law Enforcement, to Increase the Criminal Penalty for Concealing the Death of a Child, to Increase the Increase the Penalty for Making a False, Misleading, or Unfounded Report to a Law Enforcement Agency or Officer for the Purpose of Interfering or Obstructing an Investigation Involving a Missing Child or Child Victim of Class A, B1, B2, or C Felony and to Make It a Class 1 Misdemeanor for a Person to Fail to Report the Abuse, Neglect, Dependency or Death Due to Maltreatment of a Juvenile. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Cleveland is recognized for a different purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. I’d like to be recorded as voting aye on House Bill 147. I was in the chamber and a bit of a conference over in the conference over in the corner at the time. [SPEAKER CHANGES] Without objection, he’ll be so recorded as voting aye on that bill. Representative Hastings is recognized to speak to House Bill 149. [SPEAKER CHANGES] Thank you, Mr. Speaker. This has been a long bill in the works, over a year and a half. We’ve concentrated on the statutory interpretations, definitions, trying to get the language right and also I wanted to thank Representative Stam, Faircloth and Glazier for helping us refine the language in committee. If it’s in order, Mr. Speaker, I would like to defer to my honorable, Representative Schaffer to explain the bill. [SPEAKER CHANGES] Representative Schaffer of Mecklenburg is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. And thank you Representative Hastings. Ladies and gentlemen, House Bill 149, is, as you all know, inspired by the tragic case involving a little two year old, Caylee Anthony down in Florida back in 2008 and the subsequent murder trial in 2011 for her mother, Casey Anthony. We all watched and waited eagerly on that day when the verdict was announced. I believe that most of us were absolutely outraged that there was not enough evidence to prove murder in that case. But there was another problem. There was plenty of evidence to prove other instance of reprehensible conduct by Casey Anthony, but there was no chargeable offense for those things. What has happened as a result of that case, about a dozen states now have passed legislation to handle this very issue. Unfortunately, North Carolina is not one of them, yet. But what we have here in House Bill 149 would solve that problem. It fills in the legal framework and would allow prosecutors to be able to prosecute these kinds of crimes. In short, let me go through the bill with you very briefly. It creates two new criminal offenses and they all hinge on the duty to report a missing child. The one duty falls on parents or an individual in a care giving role. That duty is triggered when the parent or caregiver has not heard from the child or does not know where the child is for 24 hours. The second duty falls on a third party. What will happen is that if a third party has a reasonable suspicion that the child is missing, that third party would be required to report that child is missing within a reasonable period of time. There are a few safeguards that are written into this bill. We want to encourage people to report, but there’s the question of when do we report it, how do we know if something is really going on here. We have a section there on immunity for good faith reports, so if the...

individual reports. In good faith, they would be immune from liability- civil liability as well as criminal penalties for that. Also, we have intent is written throughout this bill for the parent or caregiver. They would be required to make this report and their failure, their knowing or wanted failure to make the report is what would trigger the following federal penalty there. For the third party, I already mentioned is that reasonableness standard. There are a few other provisions in there to increase the penalties for concealing the death of a child, for giving false reports to law enforcement officers, and outright creating a penalty for failure to report child abuse. We have the requirement to report child abuse but there is no attached penalty for failing to do that. At the end of the day, what we're trying to do here is save the life of a child. Unfortunately, if the unthinkable happens, what we want to do is provide prosecutors with tools they would need to prosecute these kinds of cases and to achieve justice on behalf of those victims. Thank you for the opportunity to explain the bill and I commend your support for it. [speaker changes] Representative Glazier is recognized t speak on the bill. [speaker changes] Thank you very much, Mr. Speaker and very briefly, I'd like to follow with praise for Representative Schaffer who did a excellent job in committee as she did on the floor explaining the bill and to Representatives Hastings, Bell and Jordan for allowing full committee participation and hopefully improving the bill and for my perspective, I do think that hopefully this situation won't come up often but it is going to come up and it is a bill that I think will help save a child or two children's lives and that makes it all very much worth it. And it's really aimed at the person, not at the general public, but it is aimed at people who know what is happening in a house and fail to do something. Know what's happening in a family and sit by and watch abuse and potentially the death of a child when they could have intervened, should have intervened, and didn't intervene. And I will tell you the changes that were made in the committee put in some ?? requirements in a couple of the paragraphs that make it clear we're not after someone who just didn't know what to do or had some minor amount of information or was scared to act. This is about people who should know, who deliberately made a decision not to get involved because they - not to try to protect the child who are in a position to do that and ten either deliberately lied or deliberately misled or deliberately failed to notify authorities and the child was hurt as a result. I think for all those reasons, the changes in the bill really tie it narrowly to who Representative Hastings, and Bell, and Jordan and Schaffer were trying to get at and I commend the bill to you. [speaker changes] Further discussion or debate? If not, all those in favor will vote aye. All those opposed will vote no. The clerk will open the vote. The clerk will open the vote. 112 having voted aye. None voting No. House Bill 149 is passed its second reading and without objection, will be read a third time. [speaker changes] general assembly of North Carolina enacts. [speaker changes] Is there further discussion or debate? Representative Bell of Sampson is recognized. [speaker changes] Thank you, Mr. Speaker. I wanted to vote aye on that bill. [speaker changes] Without objection, Representative Bell will be recorded as voting aye on the second reading. Is there further discussion or debate? If not, all of those in favor will say aye. All of those opposed will say no. The motion carries. The bill is passed its third reading and will be sent to the Senate. On motion of Representative Marvin Lucas of Cumberland, the chair is happy to extend the courtesies of the gallery to Angela Lucas Williams, Representative Lucas' daughter and the mother of Trevon Williams, one of our paiges today. If you would stand, let us recognize you. And on motion of Representative Stevens of Surry, a group from Franklin elementary in Mount Airy is recognized. I'd like to extend the courtesy to the gallery. If you would rise, so we could recognize you

Okay. And a motion to all the members of Caburras County, Winekoff Elementary is here. We'd like to extend the courtesies of The Gallery to you. If you would stand and let us recognize you. If they're here. Oh, there you are. Before we read in Senate Bill 36 Representative Murry may have a motion about Senate Bill 36. [SPEAKER CHANGES] I have a motion Mr. Speaker. [SPEAKER CHANGES] State your motion. [SPEAKER CHANGES] I would like to move that we postpone to a date certain to, for Senate Bill 36 to Wednesday, March 13th. [SPEAKER CHANGES] Without objection, so ordered. Senate Bill 72 The Clerk will read. [SPEAKER CHANGES] Senate Bill 72 a bill to be entitled an act to amend uniform commercial code, article 4, funds transfer, to continue the applicability of that article to remittance transfers that are not electronic fund transfers is recommended by the General Statutes Commission. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Blust is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker, Members of The House, this bill comes from the General Statutes Commission. It's been thoroughly vetted, it's somewhat technical in nature and is necessitated because the Dodd-Frank act that passed Congress in 2010 changed, and made some amendments to the elec-, The Federal Electronic Fund Transfer Act, which created some tension between our 24, 25A-4A-108. So this is just clearing, clearing up that, that inconsistency and it provides that article 4A applies to remittance transfers that are not electronic fund transfers as an exception to the general rule exempting from article 4A funds transfers that are governed by the electronic fund transfers act. In addition the bill provides that if a funds transfer is subject to both article 4A and the electronic fund transfer act. The applicable electronics fund transfer act provisions will govern to the extent that any inconsistent between, inconsistency between it and the applicable 4A provisions. I recommend the bill for approval and hope you'll vote green. Thank you. [SPEAKER CHANGES] Any further discussion or debate? Seeing none, all those in, the question before The House is the passage of Senate Bill 72 on its second reading. All those in favor will vote aye, those opposed will vote no. The Clerk will open the machine. The Clerk will open the vote. They ayes being 112 the nos being zero, the bill has passed on second reading, and will without objection, objection having been noted, the bill will remain on the calendar. I'd like to thank the paiges for their services today. If you would stand. I hope this has been an educational week for you and you'll come again perhaps as Representatives or even possibly as Senators. Thank you for being here. [SPEAKER CHANGES] Notices and announcements, any? Representative Starnes. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] You're recognized. [SPEAKER CHANGES] The Republicans will have a caucus, six o'clock, Monday evening, in the auditorium. [SPEAKER CHANGES] Representative Brawley of Mecklenburg. [SPEAKER CHANGES] Thank you Mr. Speaker. The Transportation Committee will meet on Tuesday at noon in 643, we have three bills on the calendar. [SPEAKER CHANGES] Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, subject to re-referral of bills and resolutions, move that The House do now adjourn to reconvene on Monday, March the 11th, 2013 at seven o'clock PM. [SPEAKER CHANGES] Representative Moore's move seconded by Representative Robert Brawley that The House adjourns to reconvene on Monday, March 11th at seven o'clock PM. Those in fav-.

will say i appose no the I's have it the house stays adjourned