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House | April 2, 2013 | Chamber | Session

Full MP3 Audio File

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Happy to extend the courtesies of the gallery to Whitney, Jack, and Alex Tine, his wife and sons. Welcome. [Speaker Changes] Introduction to bills and resolutions the Clerk will read. [Speaker Changes] Representative McElraft, House Bill 489, clarify electric load control process. [Speaker Changes] Commerce and job development. [Speaker Changes] Representative Stone, House Bill 490, Lee County elections. [Speaker Changes] Elections. [Speaker Changes] Representative Stone, House Bill 491, school resource officers, Lee County. [Speaker Changes] Elections. [Speaker Changes] Representative Dollar, House Bill 492, tier two medicaid personal care services for Alzheimer’s - Dementia. [Speaker Changes] Health and Human services, if favorable, appropriations. [Speaker Changes] Representative West, House Bill 493, Robbinsville occupancy tax. [Speaker Changes] Government, if favorable, finance. [Speaker Changes] Representatives Ford - Warren, House joint resolution 494, Rowan County defense of religion act of 2013. [Speaker Changes] Rules, calendar, operations of the House. [Speaker Changes] Representative Schaffer from personnel, House Bill 495, modify North Carolina Human Trafficking Commission membership. [Speaker Changes] Rules, calendar, operations of the House, if favorable, judiciary. [Speaker Changes] Representatives ?? and Turner, House Bill 496, school calendar flexibility, Morrisville. [Speaker Changes] Government, if favorable, regulatory reform, if favorable, finance. Strike that. House Bill 496 strike to prior referral. Commerce and job development, if favorable, education. Messages from the Senate the Clerk will read. [Speaker Changes] Senate Bill 159, a bill to entitle an enact general re-appraisal resulting in property values that do not comply with the requirements of North Carolina law by setting forth the steps required to bring the general re-appraisal into compliance with the applicable property tax mandates. [Speaker Changes] Government, if favorable. Regulatory reform, if favorable, finance. [Speaker Changes] Committee Substitute for Senate Bill 268, a bill to entitle an enact to allow the town of Sunset Beach to impose a canal dredging and maintenance fee. [Speaker Changes] Finance. [Speaker Changes] Committee Substitute for Senate Bill 280, a bill to entitle an enact to allow the division of motor vehicles to weigh the commercial skills test for retired or discharged members of the armed forces who also satisfy other requirements. [Speaker Changes] Homeland Security, military and veterans affairs. [Speaker Changes] Senate Bill 355, a bill to entitle an enact to clarify the meaning of the terms 'planting and harvesting season,' and 'planting and harvesting period,' for purposes of applying federal laws or regulations relating to hours of service rules for certain drivers transporting agricultural products. [Speaker Changes] Agriculture, if favorable, transportation. [Speaker Changes] If I could please have the pages come to the front of the chamber and those at the ?? step down momentarily, we’d like to introduce you. Pages, the reading clerk will call out your name in a minute. If you'll step forward, maybe wave, so members can put a name to the face. The Clerk will read. [Speaker Changes] Lexi Alls, Johnston County. Lauren Coker, Wake. Alexis Cooper, Guilford. Kiana Cooper, Guilford. Carson Ellerby, Wake. Brandon Falls, Cleveland. Andy Faulk, Lee. Reid Fry, Iredell. Roderick Hodge II, Wake. Logan Jackson, Wake. Leah Leak, Durham. Gordan Ma, Wake. Chance Matthias, Cumberland. Amy Medford, Hayword. Chris…

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…second reading. All in favor say eye. All opposed say no. The ayes have it. The House Committee Substitute to House Bill 68 has passed its second reading 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 House Committee Substitute of the House Bill 68 on its third reading. All in favor say aye. All opposed say no. The ayes have it. The House Committee Substitute to House Bill 68 has passed it third reading, will be sent to the Senate. The House Bill 294, the clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 294, bill to be entitled an act to allow certain counties to remove abandoned vessels from navigable waters. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Tine, 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. This bill is a local bill that includes Dare and Brunswick Counties. It came from our County Commissioners and the attorney for the county. Basically what it would do is allow the county to remove sunken vessels or those vessels that are left at someone else's dock for more than 30 days without permission. Right now, they do not have the authority. It does rest with the coast guard or with the Corps of Engineers, who don't tend to have the interest or the funds in order to remove those vessels. In order to safe-guard the rights of the property owners, we patented after the existing automobile laws. So it provides notice and it also requirements of storage and sale of the abandoned vehicles. I ask for your support on this bill. [SPEAKER CHANGES] Representative Iler, 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. I found out this bill was being filed by Representative Tine and we have a situation in Holden Beach in Brunswick County. A sunken shrimp boat about 65, 70 feet long. It's been there over a year. It's left at the dock, I guess because of the economic reasons somebody has walked away from it. And it is a hazard to navigation in my opinion, because the intercoastal waterway is very narrow there even though the co-engineers has chosen not to remove it. So I appreciate just right be given to the county to remove it. Please support the bill. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of the House Committee Substitute to House Bill 294 on its second reading. All in favor say aye. All opposed say no. The ayes have it. The House Committee Substitute to House Bill 294 has 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 house committee substitute for House Bill 294 on its third reading. All in favor say aye. All opposed say no. the ayes have it, the House Committee Substitute for House Bill 294 has passed its third reading, will be sent to the Senate. The House Bill 326, the clerk will read. [SPEAKER CHANGES] House Bill 326, bill to entitled, an act requiring the consent of Rutherford County before land in the county may be condemned or acquired by a unit of local government outside the county. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Hager, 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. This bill is a local bill that just adds Rutherford County in the name of probably most of your other counties that will mandate that any other county, city or town that wants to condemn land within Rutherford County go through the County Commissioners first and I ask for your approval. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of House Bill 326 on its second reading. All in favor say aye. All opposed say no. The ayes have it. House Bill 326 has 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 House Bill 326 on its third reading. All in favor say aye. All opposed say no. The ayes have it. House Bill 326 has passed its third reading, will be sent to the Senate. The House bill 243, the clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 243. A bill to be entitled, an act authorizing an owner of a self-storage facility who has a lien upon personal property to deliver notice of the public sale of the property by regular and electronic mail, to publish notice in any commercially reasonable manner, and to conduct the sale through an online, publicly accessible auction web site, and to increase the late fees for self-storage facility rental contracts. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stevens, 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. Members of the House, this is the bill we took up last Wednesday and we had a very good vote on it. There were few issues raised and we continue till today to allow some of those issues to be worked out.

him has to be recognizer disintegrates in fourth amendment herbs in a Murray's written as simple and amendment of article rate this Mindel a online student for rewriting the lines read the rest of economic and initial speaker. [SPEAKER CHANGES] the purpose of this amendment is to allow the individual who is placing their property into a storage facility to elect whether they would like to receive notice, either by mail or by their electronic mail, e-mail, so the occupant of the of person who's engaging in this leasehold agreement and choose whether they want to receive their information by e-mail or by certified mail, and it's a verified e-mail address, which means they leave their companies out there that help help these help you identify whether the e-mail address is actually being received in this country that help verify that so that's the purpose of the amendment is to put the good, the the Lisa, unless the person is entering in hiscontract in the driver seat and let them choose whether they want to receive certified mail or by e-mail. night is recognized and [SPEAKER CHANGES] identified out there much in support of this amendment is another deals with a lot of people 's concerns about getting notice that the person who is actually under the contract help comply with the notice requirements. NSB sport of amendment presented built Raleigh police that your purpose. the only amendment we don't underestimate in an is just bigger house and had an amendment to address this issue, [SPEAKER CHANGES] which was somewhat tighter. the problem with this choice goes back to the problem we had last week. there is no proof that notice was given. you can send it to a certified e-mail address you send a certified letter, but it certified return receipt letter after twenty days after the letters say the auction takes place with no decision whether it is received or not, most people in the self-service industry self storage industry are reputable businessman who will act in a responsible manner. unfortunately that's not the people for whom we make regulations, we just said everybody be a good neighbour. be honest. be fair, be friendly, we wouldn't have a problem we can't do that. the people we have to address of the ones where ewe have to ensure receipt was made where we have to ensure notice was given this amendment does not achieve that. it simply changes it from something imposed to a choice of you either get an e-mail. or maybe you get a mail that you don't know there is not a duty to ensure delivery I'm opposed to the amendment [SPEAKER CHANGES] Settler Judaism, John, which is a gullibility amendment on my own amendments are resented Jordan plays that your purpose [SPEAKER CHANGES] as the amendment sponsored inquiry is the Avenue certainly German yields represent you have language in your member. this is makes an election in the rental agreement. can you please expand on exactly what you are a study from which of singing contracts. [SPEAKER CHANGES] it says the shall cause notice of the notice that study delivered is either by certified mail or above. error fraud remailed if the occupant makes an election in the rental agreement that notice will be given that matter so within the rental agreement. the new mentor is given the opportunity to elect either certified mail or verified electronic mail is Joan and you are just enemies have the a section where you accept a check or initial or something you choose. this is not just in the text of the contract. certainly it would be if an election that the some more makes in the rental agreement are the discussion further debate on the amendment, if not a question of what houses the passage of the amendment support by revs in American house many substituted house filter forty three all tie remote. I all but is not notable what about all members wishing to record police is understand the park a lot. he reported about one hundred and two,adding that an affirmative and eleven in the negative demented passes, runs, and it will deeply think your purpose in Florida limited Jennifer, I got simply been a member that are already deionized and then they all page three, lines eight and nine by deleting the dumb is recognized to be intimate by domestic and

I will say the more I learn about this bill, the more problems I have with it, but I will also say that the little amendment that I have, which is on the third page and moves things back to the way they were, that is to say, back to $15 and 15%, it is a good idea. You may remember last week really when I asked why was this happening, it was just sort of like, well, we thought we could get a little more money or there was no answer to it. So I appreciate that ?? supports this. I know of no opposition to it. So I do think this puts us back in the right direction and urge a yes vote on the amendment. Thank you. [SPEAKER CHANGES] Representative Stevens, please state your purpose. [SPEAKER CHANGES] To simply speak on the amendment. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] And I thank Representative Luebke for coming forward with me and working on resolving that issue. As you can see, some of the problems you probably have with the bill altogether is the existing bill, which is certified mail which is $10 or $15 and 15%. So it's always been there, we're simply trying to tighten it up and make it more available for people to get things done. [SPEAKER CHANGES] Further discussion, further debate on the amendment. If not, the question before the House is to pass the amendment sent forth by Representative Luebke for the House Committee Substitute of House Bill 243. All those if favor will vote aye, all opposed vote no. The clerk will open the vote. The clerk will now proceed to record the vote. 105 having voted affirmative, 8 in the negative. The amendment passes. We're back on the bill. Further discussion, further debate. Representative Bill Brawley, please state your purpose. [SPEAKER CHANGES] Mr. Speaker, I've actually made an inquiry of the Chairman of the Rules Committee to find out if my amendment is now out of order. [SPEAKER CHANGES] The House will be at ease. Representative Brawley, the substance of your amendment is not out of order. It would only be out of order because of the amendments that have passed to this point. Therefore, without objection we will displace this bill to allow you time to revise the amendment. Ladies and gentlemen, we are now, I see a number of interested parties in the gallery. We now are going to move back to the top of the calendar and go to House Resolution 487. The clerk will read. [SPEAKER CHANGES] House Resolution 487. House Resolution expressing gratitude and appreciation to our veterans. The House resolves. [SPEAKER CHANGES] Representative Brawley, the Chair understands that the affect of the amendments on the prior bill will carry that bill over anyway so you will not have to rush to prepare that amendment and it will be on the calendar for tomorrow. Representative Brawley, please state your purpose. [SPEAKER CHANGES]To request that the resolution be read in its entirety. [SPEAKER CHANGES] The clerk will read. The House will come to order. [SPEAKER CHANGES] Whereas throughout our country's history, generations of men and women have worn the uniform of the United States and have valiantly defended our nation and its inalienable rights. And whereas our veterans have personally sacrificed so much for the greater good of our nation. Some of these brave men and women made the ultimate sacrifice in protecting our country and the freedoms enjoyed by our citizens and all Americans. And whereas six major Department of Defense, Department of Homeland Security installations are located in North Carolina, Coast Guard station at Elizabeth City, Fort Bragg, Marine Corps Air Station Cherry Point, Marine Corps Air Station New River, Marine Corps Base Camp Lejeune, and Seymour Johnson Air Force Base, as well as the North Carolina National Guard and other DOD, DHS activities and organizations. And whereas more than 771,000 veterans of our nation's armed forces live in North Carolina and about 147,000 active-duty guard in reserve military personnel reside in the state, making North Carolina one of the largest active-duty military populations in our entire country. And whereas the people of North Carolina are grateful and appreciative to all of our veterans for their selfless service to

displayed into the United States now have four tires of the house of representatives section one in the house residence expresses its four, when time every station all of it when inserted in the nine states on corsets section to the house of representatives wishes of memory of authoring and Savannah lives while serving in the United States on horses section three this resolution subtracting a block person always recognize it as Aleutian island has taken a time as a former 45 and 19 states army at one time--sponsors out any option set lasted 1 hour a western U.S. Know it has a setting of staff Sargent ?? rape for United States Air force master gunnery sergeant report in access point for China having seen as we honor and his assistants of uniformed services and sacrifices made by 8:00 and more than 200 years that republicans insisted it has made a mistake now and we have a spirited debates on issues on which we disagree we often forget the right time and are just went on with plus one of the people that we are times and the selection of their more modest for a cause and more since the presentation of the republican to 10 years ago to get the time of it in most years it makes the spirit thing we made possible a name resolution years person on PlayStation purpose and Mr. Speaker China of the ears of the night of storage shed a disservice to all-time high school and joined by states air force chatter that hearses were a sudden interest in-store in exchange for ??hood, Jorge Serrano ideals-hour to get into that was when the letters yesterday, that endorses supported was instant-sacrificing us what they don't know what's the reason I are the only things are not strike called by the state ?? and others in the size of the non it's up to the list your-shirt alongside them in dry lake city where we were shown we have our report in today's same way and Sadler never, we didn't accomplish in fact that we style and a standard impossible adoption I'd have to be here today about Thailand actors who are not high end is wide soccer in front of the season-Iditarod son, as riled -solid players, and copy-Vietnam of the supreme test is currently having their names hotline and Thomas and certain other parts of moral defense and the reward even supposed may I offer to the ?? would be a lot here of actually going to be here Monday at all, he's right word of the site and time slot is why stop at a play that we are seeing a stop in a way of art and one of the jazz with a time when others would issue a iron fence ?? and hard 85 last call is the highest in their lives ?? hardship, he's an optician of the message the answer ?? ??......................

victory. We shall win, not through the evil of our enemies, but through the merit in ourselves. All of us here serve in one form or another. I appreciate this day, I appreciate you all, and I commend this resolution to your support. [SPEAKER CHANGES] Representative Blust, please state your purpose. [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker and members of the House and veterans who are with us today. This nation, conceived in liberty, was founded by a group of men, which former justice Joseph Storey of the United States Supreme Court called architects of consummate skill and fidelity, and in defense of the newly declared liberty, they, with a firm reliance on the protection of divine providence, mutually pledged their lives, their fortunes, and their sacred honor. No one has more epitomized that example of our founders than those who went and served in our armed forced to defend that liberty that we enjoy today. We would not be here today in an institution which embodies the very core of the ideal of government, by the people, of the people, and for the people, except for the willingness of so many to serve in defense of that freedom and of these institutions, and we are forever in their debt. Many willingly marched into the valley of the shadow of death and chose death before dishonor, and we're humbled here today to have you here and to honor our veterans, for we know it's the soldier, not the politician, who gave us our republic. It's the soldier, not the rabbi, priest, or pastor, who gave us freedom of religion. It's the soldier, not the law professor, that gave us the right to free speech. It's the soldier, not the TV news anchor, who gave us freedom of the press. It's the soldier, not the community organizer, who gave us the right to protest, and it's the soldier who saluted the flag, who served beneath the flag, and whose blood-soaked coffin was draped by the flag, that gave the protester the ability to burn the flag, so we're humbled to be here today. Without the sacrifice of those who served in our armed forces, there would be no freedom in the world today. Tyranny would have triumphed, the brutal dictator would have triumphed, or the pernicious doctrine and fanaticism of it we see today would have triumphed, and liberty and freedom would have been extinguished, and we have seen this now over two centuries on battlefields in land, on air, and on the sea over and over again, often in conditions that can only be described as hellish. In fact, on Guadalcanal in World War II, there was a saying of those who finally got off that wretched island after months of brutal combat and half-starvation in jungle conditions that when I die, I'll go to Heaven, to St. Peter I will tell, one more Marine reporting, sir; I've served my time in Hell. And we've seen these conditions over and over again. Often forgotten are the men of the 32nd Infantry Division at Buna and Gona in New Guinea whose conditions were really more wretched than Guadalcanal. They had to hike over the Owen Stanley mountains through jungle and were eaten with dysentery, malaria, and disease not relieved and in a division that was months in combat without relief, serving literally in swamps. The water table was only three feet deep, and the Japanese had built reinforced emplacements that the men of the 32nd ID were told again and again to take in their weak and barely could stand condition, and they endured that for months, and finally

[0:00:00.0] …We have seen this repeated over on ___[00:03] almost 6,000 marines died, Admiral Chester Nimitz said of them, “Uncommon Valor Was A Common Virtue." In the Leyte Gulf, when the Japanese had successfully created a rouge and had the admiral Halsey Steamer of North with his carriers the troop transport in the minor ships were naked before the full battleship and cruiser force to the Japanese Navy that it’s ___[00:33] channel and it was only six or seven destroyers that suicidally charged battleships that held them off long enough and fought them hard enough that Admiral try to turn around and left before inflicting incredible havoc to the landing force. So, we have seen this over and over again personified throughout our history over 200 years maybe by James Laurence Captain of the Chester Peak in the War of 1812 who said gave his dying command, “Don’t give up the ship.” I think that’s now inscribe that the Naval Academy. Admiral I think it was Farragut, David Farragut in Mobile Bay reflected the interrupted spirit, “Damn the torpedoes full speed ahead.” And we have seen that even later in our history at the present time often forgotten is the operation in Mogadishu where a black hawk went down in American pine with a leg broken was pinned in it and staff Sergeant Randy ___[01:44] and Master Sergeant Garry Gordon volunteered to be landed at the back hawk with 2,000…I don’t know what you call them opponents with AK-47 is about the overran and they two men went in there and sacrifice their lives willingly to try to hold off that arm pored. Just last year in Benghazi former navy seals Tyron Woods and Glenn Gardy ordered to stand down, they were off sight where the terrorist attack occurred ordered to stand down disregarded the order because they put death before dishonor and they went in and did their job and gave their live. So, we are still seeing that today and I can tell you ladies and gentleman and veterans sometimes it gets discouraging to see the example of our men and women in uniform and those who came before us and contrast that to those characteristics of the people in political class and wonder, “Why can’t we capture that same courage that same commitment that same devotion in this by the people, within the people who are institutions.” And I think that might be why people looking at us to give us such slow ratings and I’m not clicking on anybody that’s a cross government ___[03:24] institutions now and I think we need to follow that example more and I can tell you sometimes I’m discouraged by the way things are going when I see still in the face of a populist that sometimes is cynical and sometimes itself possessed and self observed, there are still young people being produced in this country today that come forward in the same spirit we have seen and volunteer and go do incredible deeds and incredible sacrificial deeds and I think there is still a reason to keep fighting, there is still a reason to keep trying and the example you have set for us and the veterans have set for us stands as a testament to us for all the time to keep going and keep defending this liberty and keep up the admonition of President John F. Kennedy, inaugural address that we would pay any price, bare any burden, meet any hardship, support any friend, oppose any foe to assure their survival and success of liberty and that’s what we need to do today to really honor you veterans so I support the resolution. [SPEAKER CHANGES] Further discussion further debate, if not the question before the house is the passage of House Resolution 487, all those in favor will vote aye, all oppose vote no. The clerk will open the vote. [0:04:59.8] [End of file…]

The Clerk will lock the machine and record the vote. 116 having voted in the affirmative and none in the negative, House Resolution 487, has been adopted and will be ordered printed. Ladies and gentlemen of the house, if the members will indulge, the chair would first ask that any member is currently or who has served in the military if you will please stand. The chair would also like to extend a thank you to the members but especially a thank you to the veterans in the gallery today. Men and women who have served this country, please stand and let us show our gratitude. And ladies and gentlemen of the gallery, you have a distinction not shared by anyone else. When you applauded, you're the first time in my three years as speaker, that that has not been met with a gavel. So that just shows the utmost respect that you have and the appreciation from the chair and from all the members. We appreciate your service. I've enjoyed hosting you for a third year in this chamber, I look forward to seeing you again next year, and thank you again for all the work that you do. You're continuing to serve and we appreciate it. Thank you. [SPEAKER CHANGES] Representative Shepherd, the gentlemen will be appropriately recorded. [SPEAKER CHANGES] Ladies and gentlemen, we are back on the calendar. House Bill 89, the clerk will read. [SPEAKER CHANGES] House Bill 89, a bill to be entitled, "An Act to Require the Department of Environment and Natural Resources to Support the Application of a Regional Water Supply System for all Required Federal Approvals, as Recommended by the Environmental Review Commission." General Assembly of North Carolina enacts. [SPEAKER CHANGES] ?? speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Mr. Speaker, colleagues, this is a bill that comes to the floor the Environmental Review Commission, although it took a dip in the Environment Committee, also, before coming here. It's really in the nature of a technical correction to a bill; that we passed last year regarding water reservoirs. Last the bill required DENR to be a co-applicant when seeking federal approval on water reservoirs and in the Environmental Review Commission, we realized that we still wanted DENR to be a full supporter of any permit that was put forward and had cleared DENR in the federal process but making them a co-applicant was a mistake because they really didn't have control over the application. So, if you look at the bill on the second page, you'll see basically the same wordage reinserted into the statute. It is a technical correction and actually was a bill that was originally put forward by our former colleague Mitch Gillespie, so please don't vote against the bill on that grounds. I recommend the bill to you. [SPEAKER CHANGES] Further discussion? Further Debate? If not the question before the house is the passage of House Bill 89 on it's 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. 116 having voted in the affirmative and none in the negative, House Bill 89 has passed it's second reading without objection. It 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 House Bill 89 on its third reading. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say no. The ayes have it. House Bill 89 has passed its third reading and will be sent to the Senate. Representative Brawley, the gentleman was in the chamber. Does the gentleman wish to be recorded as having voted on House Bill 89? [SPEAKER CHANGES] Thank you, Mr. Speaker. I appreciate the indulgence. [SPEAKER CHANGES] Gentleman records voting aye on House bill 89. We’re back up to House Bill 11. This will only have a single vote today. House Bill 11, the Clerk will read. [SPEAKER CHANGES] Committee Substitute House Bill 11, a bill to be entitled ‘An Act to Provide that Special Elections May be Held Only of the Date of Primary in Even-Numbered Years, on the Date of the General Election or on the Date of the Municipal General Election, Except in Cases of a Public Health or Safety Emergency or for Recall Elections of Municipal Corporations Governed by Local Act’. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Warren, please state your purpose. [SPEAKER CHANGES] Speak to the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] At the risk of repeating everything the Clerk just said, this is a very simple bill. It simply mandates that all special elections and referendums be held on even-numbered primaries or even-numbered year primaries or on the municipal or general elections. It does have a caveat in there for public health and safety emergencies and also sheriff’s elections. This bill passed last year in the House overwhelmingly and was not acted upon in the Senate. I’d appreciate your support today. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 11 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. 116 having voted in the affirmative and none in the negative, the House Committee Substitute to House bill 11 has passed its second reading. Representative Holloway, does the gentleman wish to be recorded as having voted aye? The gentleman will be recorded as having voted aye. Without objection, House Committee Substitute for House Bill… It stays on the calendar. House Joint Resolution 444. The Clerk will read. [SPEAKER CHANGES] House Joint Resolution 444, a joint resolution to confirm the appointment of Andrew T. Heath to the North Carolina Industrial Commission. The House resolves, the Senate concurring. [SPEAKER CHANGES] Representative Davis, please state your purpose. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to speak on the resolution. [SPEAKER CHANGES] Mr. Speaker, if you would please, I’d like the joint resolution read into the record. [SPEAKER CHANGES] The Clerk will read. [SPEAKER CHANGES] Whereas GS97-77 (A1) provides that appointments by the Governor to the North Carolina Industrial Commission are subject to confirmation by the General Assembly, and whereas the Governor has appointed Andrew T. Heath to the North Carolina Industrial Commission, now therefore be it resolved by the House of Representatives, the Senate concurring. Section 1, the appointment of Andrew T. Heath to a term on the North Carolina Industrial Commission to begin on May 1 2013 and expire on April 30 2019 is confirmed. Section 2, this resolution is effective upon ratification. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members of the House, it’s my privilege to tell you a little bit about Andrew Heath, who has been appointed by the Governor to fill a position on the Industrial Commission. Mr. Heath is a Wilmingtonian. He attended the University of North Carolina at Asheville. He later attended and graduated from the Indiana University School of Law. He’s been practicing for some time in a law firm in Wilmington where 100% of his practice is dedicated to workers’ compensation litigation. He represents a full spectrum of North Carolina employers in all phases of workers’ compensation claims including investigation, invincibility, analysis, mediations and depositions, deputy commissioner hearings and appeals to the full Industrial Commission and North Carolina Court of Appeals. He provides presentations for clients on legislative and case law updates affecting the North Carolina Workers’ Compensation Act. Prior to working with that law firm, he worked with another law firm where he represented injured workers in workers’ compensation claims. I’d like to say that he was chosen as a

...North Carolina Lawyer's Weekly emerging legal leader in 2011 and Business North Carolina's legal elite in 2013. I find Mr. Heath to be very well qualified for that position and I ask you to please vote in favor of the resolution. Thank you. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of House joint resolution 444 on its second reading. All in favor vote aye, all opposed vote no ??. Machine will record the vote, 118 having voted in the affirmative and none in the negative. House Joint Resolution 444 has passed its second reading without objection to be read a third time. [SPEAKER CHANGES] House resolves, Senate concurring. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of House Joint Resolution 444 on its third reading. All in favor say aye, all opposed say no. The 'ayes' have it, House Joint Resolution 444 has passed its third reading and will be sent to the senate. Senate Bill 24 the clerk will read. [SPEAKER CHANGES] Made a substitute for Senate Bill 24. A bill which has been entitled that come in the 'Game land buffer requirement applicable to sanitary landfills for the disposable of construction and demolition debris waste under certain conditions.' General Assembly of North Carolina next. [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. This just a narrow... our sanitary landfill, it would allow a buffer to change from a gameland buffer from a mile to 500 feet in a very specific way. If it was a county of less than 15,000 population, and the town, it's only for c and d, construction demolition, and if this town were located in this county which was only 15,000 population, and the gameland and the c and d landfill were also divided by a US highway. Sounds kind of like a local bill but you can't do a local landfill bill. So this is a statewide bill which is limited, very limited, and I ask for your vote. Thank you. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of the Senate committee substitute for Senate Bill 24 on its second reading. All in favor say aye, all in opposed vote no. The court will open the vote. All members wishing to record please do so at this time. The court ballot machine record the vote, 106 having voted in the affirmative and 11 in the negative. The senate committee substitute to Senate bill 24 has passed its second reading without objection to be read a third time. [SPEAKER CHANGES] General assembly of North Carolina... [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of the Senate committee substitute of Senate bill 24 on its third reading. All in favor say 'aye,' all opposed say 'no.' The 'ayes' have it. The Senate committee substitute for Senate Bill 24 has passed its third reading. The bill will be enrolled and sent to the governor. Ladies and gentlemen of the House, this concludes the calendar for today. For your planning purposes, tomorrow we will convene a joint session with the Senate at 9 am. That is solely for the purpose of confirming the nomination of the Board of Education appointments. There will be 6, I understand, will be on the resolution. We will take up that matter for as long as it it takes and then we will go into recess and we will return at 3 pm. So we will come in at 9, dispose of the one matter, and then recess until 3 pm. Notice is in announcements. Representative Presnell please state your purpose. [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] The lady is recognized for a point of personal privilege, the House will come to order. [SPEAKER CHANGES] To recognize that Boy Scout troop number 326 in the Cataloochee District of the Daniel Boone Council. They received the 2012 Troop of the Year award and their Scoutmaster, Tim Matthews, of that same troop 326, received the...

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