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House | April 4, 2013 | Chamber | Session

Full MP3 Audio File

The house will come to order. Members, please take your seats. Visitors, please retire from the chamber. Ladies and gentlemen in the gallery, members, please silence all cellular phones and all personal electronic devices. The pray will be offered by representative Alma Adams. Members and visitors in the gallery, please stand and remain standing for the Pledge of Allegiance. [SPEAKER CHANGE] This is the day that the Lord has made, we will rejoice and be glad in it. Let us pray. Father, we thank you for this day. It is a day that we are grateful to have. One that we have not seen before. We thank you for life, and health, and strength, for family and friends, and the opportunity to serve and do your will as servants of your people. We remain grateful to you and acknowledge that you have provided this opportunity of servant leadership for each of us. Not because of any good or gracious thing that we might have done, but only because of your goodness and your mercy. We thank you for your tender loving mercy. Lord, your words are true and you credit righteousness to those who trust in you. Guide us back to you when we fall into disobedience and teach us how to examine our ways. You have said in your word that obedience is better than sacrifice, so help us to know the difference. Lord, we are meeting today to conduct matters of business for your people, guide our hearts and our minds with the spirit of fairness, right thought, and speech. Park your supreme wisdom upon our activities, so that our affairs may reach a successful conclusion. Help us always to remember Galatians 6:10, which says, as we have opportunity we should do good to all people, especially to those who belong to the family of faith. Thank you for being our source of guidance today and the days to come. We ask all of these things in the precious name of your son. Amen. [SPEAKER CHANGE] I pledge allegiance to the flag of the United States of America. To the republic, which it stands one nation under God, indivisible, with liberty and justice for all. [SPEAKER CHANGE] Representative Moore is recognized. [SPEAKER CHANGE] Mr. Speaker, I move that the journal for Wednesday, April the 3rd, 2013 be approved as written, as it has been examined and found to be correct. [SPEAKER CHANGE] Representative Moore moves that the journal for Wednesday, April the 3rd be approved as written. All in favor say, aye. [SPEAKER CHANGE] Aye. [SPEAKER CHANGE] All opposed say, no. [SPEAKER CHANGE] No. [SPEAKER CHANGE] The aye's have it. The journal is approved as written. Petitions, memorials, or papers to address the general assembly of the house? The clerk will read. [SPEAKER CHANGE] Mr. Dennis ??, House Principle Clerk. Dear Miss ??, pursuant to North Carolina general statue, it's 143B-350, I bring forth the following individual to North Carolina Board of Transportation for review by North Carolina's General Assemblies joint legislative transportation oversight committee, Mr. James W. Crawford, of Granville County, is at large a rural member. Mr. Lewis Westmore of ?? County as a 12th divisional member. Included you will find biographical information for each appointee, please feel free to contact my staff for any additional information. Sincerely, Pat McClure. [SPEAKER CHANGE] The letter will be on file in the Principal Clerks office, for anyone interested in a copy. Ratification of bills and resolutions, the clerk will read. [SPEAKER CHANGE] Then, rolling clerk for ?? Senate Bill 20, Act of by limiting ?? from prosecution for certain drug related offenses committed by an individual who seeks medical assists for a person experiencing drug related overdose from prosecution. Certain alcohol related offenses committed by persons under the age of 21 who seek medical assistance for another person. Bill ?? will present it all for secretary of state, House Bill to provide ?? in the town of ??, will issue whether or not voters from the town should be able to call to office the elected officers of that town. [SPEAKER CHANGE] Chapter bills be noted. Reports of standing committees and permanent subcommittees, Representative Jordan and McGrady are recognized, send forth committee report, the clerk will read. [SPEAKER CHANGE] Representatives Jordan and McGrady, while the judiciary subcommittee B, House Bill 388, assign counsel to amend and clarify favorable. [SPEAKER CHANGE] Founder? [SPEAKER CHANGE] House Bill 350, court improvement project

You've now law changes favorable to the committee substitute, unfavorable is to the original bill. [SPEAKER CHANGES] Got marbles in my mouth. [SPEAKER CHANGES] Committee substitute bill calendar, original bill unfavorable calendar. [SPEAKER CHANGES] House bill two seventy-two, DOT condemdation changes. Favorable is to the committee substitute, unfavorable is to the original bill and still referral to transportation. [SPEAKER CHANGES] The committee substitute bill will be re-referred to the committee on transportation. Original bill unfavorable calendar. [SPEAKER CHANGES] House bill three sixty-one, justice re-investment technical correction. Favor is to the committee substitute, unfavorable is to the original bill and still referrals to appropriations. [SPEAKER CHANGES] Committee substitute bill will be re-referred to the committee on appropriations. Original bill unfavorable calendar. [SPEAKER CHANGES] Committee substitute number one for Senate bill one seventeen, Lily's law. Favorable is House committee substitute, unfavorable is the Senate committee substitute and still referral to appropriations. [SPEAKER CHANGES] Committee substitute, the House committee substitute will be re-referred to the committee on appropriations. Senate committee substitute, unfavorable calendar. Representative Dockham is recognized to send forth the committee report. The clerk will read. [SPEAKER CHANGES] Representative Dockham for the insurance committee. House bill two forty, insurance technical clarifying changes. Favorable is to the committee substitute, unfavorable is to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar, original bill unfavorable calendar. Representative Ruth Samuelson is recognized to send forth committee report. The clerk will read. [SPEAKER CHANGES] Representative Samuelson for the banking committee. House bill two ninety-three, mortgages ace AFEI favorable. [SPEAKER CHANGES] Calendar [SPEAKER CHANGES] Committee substitute number one for Senate bill one seventy-five, banking laws clarification and corrections, favorable. [SPEAKER CHANGES] Calendar. Ladies and gentlemen of the House, we have numerous bills that will be read in, unless any member would like to stick around to do that, we will adjourn subject to the reading in of bills and resolutions. Ladies and gentlemen of the House, upon motion of the members from Mecklenburg county, the chair is happy to extend the courtesies of the gallery to Ronda Lennon, district one member of the Charlotte Mecklenburg board of education and her son Mason. Please stand and let us welcome you. [applause] Calendar, Representative Arp, please state your purpose. [SPEAKER CHANGES] For motion. [SPEAKER CHANGES] Gentleman is recognized for a motion. [SPEAKER CHANGES] Ladies and gentlemen, we had a great discussion yesterday. I certainly understand a lot of comments regarding House bill three ninety-two. What we've been able to do is, I think we absolutely can move forward with the concept of making sure that law abiding citizens first get the needed aid. We're gonna produce an amendment that will not make this an unfunded mandate. Mr. Speaker, my motion is to re-calendar House bill three ninety-two for Tuesday, April ninth. [SPEAKER CHANGES] Without objection. So ordered. House bill three o'two. The clerk will read. [SPEAKER CHANGES] House bill three o'two, a bill to be title enact repealing annexation certain to supply property from the city of Canapolis. General assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Ford, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] This is a local bill. It passed unanimously yesterday. I'd appreciate your support today. Thank you. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of House bill three o'two on it's third reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will out machine record the vote. One hundred and one in the affirmative, none in the negative, House bill three o'two has passed it's third reading and will be sent to the Senate. House bill four ninety, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill four ninety, bill to be titled and enact to change the manner of election for the Lee county board of education and for the city of Sanford to partisan. General assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stone, please state your purpose. [SPEAKER CHANGES] Explain the bill. Send forth amendment. [SPEAKER CHANGES] Gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. Thank legend of the House. This bill, House bill forty-nine, four ninety, is very simple. It just makes our city council races partisan and our board of education races partisan and it also takes the elections for the board of education that normally take place in May.

and puts them in November. [SPEAKER CHANGES] Speaker. [SPEAKER CHANGES] I send forth an amendment. [SPEAKER CHANGES] The gentlemen is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Stone moves to end the bill on page one line 25 by deleting section three and. [SPEAKER CHANGES] Gentleman is recognized to debate the amendment.[SPEAKER CHANGES] Yes sir Mr. Speaker. Ladies and Gentlemen of the house this bill is just a clarifing in the original bill it had that such subject to section five pre-clarence. This makes the corrections because we got a court case coming up in June that may eliminate that clause. Either way this is an option. And I'll take any questions.[SPEAKER CHANGES]Mr. Speaker. [SPEAKER CHANGES] Representative Holly please state your purpose. [SPEAKER CHANGES] Yes I'm sorry my button wasn't working and I'll like to vote yes on bill number 302. [SPEAKER CHANGES] The lady will be recorded on having vote yes on house bill 302. Representative McManus please state your purpose. [SPEAKER CHANGES] First to ask a question of the bill sponsor and then to debate the bill. [SPEAKER CHANGES] Representative Stone, does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentlemen yields. [SPEAKER CHANGES] Representative Stone I know that the Lee county members of the Sanford board and of the school board visited me about two weeks ago did they visit you at that time? [SPEAKER CHANGES] I'm pretty sure the school board came by. One or two members came by. [SPEAKER CHANGES] Did you discuss this bill with them on any follow up? [SPEAKER CHANGES] What on the amendment. [SPEAKER CHANGES] May I ask a follow up? [SPEAKER CHANGES] Does the gentlemen yield? [SPEAKER CHANGES] Yes Mr. Speaker. [SPEAKER CHANGES] If the lady has a question about the substance about the bill the lady the chair would encourage the lady to be recognized immediately after we dispose of the amendment. Does the lady have a question about on the amendment? [SPEAKER CHANGES] No its on the bill I'm sorry. [SPEAKER CHANGES] The chair will come back to representative McManus immediately after we dispose of the amendment. [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 Stone to the house committee substitute for house bill 490. All in favor vote aye. All opposed vote no. The Clerk will open the vote. The clerk will let the machine record the vote. 105 having voted in the affirmative and two in the negative. The amendment passes. We are now back on the bill. Representative McManus please state your purpose. The house will come to order. [SPEAKER CHANGES] To ask a follow up question. [SPEAKER CHANGES] Representative Stone does the gentleman yield. [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] At the time that they visited did you tell any of them about these proposed bills or ask any them about it. [SPEAKER CHANGES] When the Lee county board of education. One or two of them came by my office. I answered all the questions they had provided for me about the session that they asked. I give them 45 minutes to ask any questions that they wanted to ask. And I provided all their answers. [SPEAKER CHANGES] But you didn't tell them about the bill. [SPEAKER CHANGES] If the members will please direct questions through the chairmen. Does the lady wish to ask a follow up? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] I was just trying to ascertain whether he told them he was proposing this bill. [SPEAKER CHANGES] At the time they came to my office I dodn't know we even had the bill. [SPEAKER CHANGES] Thank you. May I have permission now to debate the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] I also represent part of Lee county and that 65 percent of the city of Sanford and both the town board of Sanford, their board of commissioners, and the school board strongly object to this bill. They came and spoke in committee against this bill. They did not know about this bill until after it was filed. And they immediately contacted me to say what can you do to stop this. And I confessed possibly very little but that I would do my best. Because I believe that as far as I understood the representative proposing this bill has stood for less government and less restrictive government. And to me this is state government telling municipalities what they have to do when they strongly object to doing that. And it serves no purpose. As a ten year member of a board of education in Chatham county I have felt like politics, partisan politics in particular, had no place on a board of education. I would assume the same would go for a town board that is trying to do the best for the citizens in a township. I honestly have served with school board members that I did not know their party. It was never an issue of partisan politics with school board

should be conducted on the prisons are never sat with her in 1925 issues and Ann Swenson 50¢ for students and teachers timing are those of a fairly decent has been all year politics has an hour as his comments at the fair access to the city's police said the time he found out about this begins with a team ranked ninth in sentences and business Wednesday he sometimes it seems many as 5 minutes and one of the continent would express and Stephen S-S that means things not seen as immediate I'm for action in raised a house of commons and on an older as its shares at the text of the currencies of the galleries Iraqi hinds likenesses of stars in a times when she didn't find investors not one airline or Thailand dollar and the matter is also serving as a base date and the granddaughter of threaten space and was reached at half time civilization purpose; use does recognize important partly as a bus was that the page on my view, the bodied on to the driver has made a lot of history to live and work and the issue before the station of cash in on all his work in commissioners on where the tiny end of a proposed one that he's as the caller personalization purpose shares in some ways is, doesn't occur as early as the action tiles a heart attack, the president or a PlayStation purpose and Jefferson did some question person solis dime novel, lard and white added Agnes speaker, syndicate causing some to question sitting in concurrent with the spec of times discusses leaders hasn't spoken after the last three years at the opposite is a leading me of withstanding the scenes have our selections of the floors of weekend stopped to the City Council awarded-agency in one of the detention has five republicans I'm the City Council estates and makes the point was not one-fil-one to have mothers and it was a sub-one, the other time seasons, the city's only consolation is the only counties and ½- person task for the PlayStation purpose the state house in a chamber, pres I'm glad she's come undone by the employees: use it, the report said the U.S. residents way station purpose painstaking-football star's and solis don't get that done us a sense of time in five innings of more than an attachment that is, in which a lot of speed is done, tell us how many inventors of anticipation of the women one of many of the Nikkei- a blow dryer, U.S., he reasoned, windy want to do this, as the days of live. It was a request is a time to someone who it follow it and it is, he's not a question about an educational artsy council that happens 11 see on the education as well as is required as five seasons and not support the sports module and anti-business on as the wayside has made no agency has again, that time since the days of the day we need to be a heck of a copy of a nonpartisan thousands of times he met with these things now have a say in the class to help you avoid eye and say the calls a day of the active in the calls to the fact that it ?? ?? ??.............

There was no referendum. I'm not sure how many citizens really know about it. When we say up here that we talk to the citizens in our community we probably just talk to the few that we normally interact with, and I'm not sure that the entire community is really aware of this and I think that's a disservice to them to do that, and particularly since the governing bodies, that we're talking about changing here, don't want it, but again we're dabbling in people's personal business. I just think that when we start talking about what we need to do for our children that we need to be pretty even on that, and I do think that there are some philosophical differences between parties too, and sometimes that translates into how we vote on things and what we put forward, so I would have some concerns on this bill and I would ask you not to vote for it. [SPEAKER CHANGES] Representative Avila, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] The comment has been made earlier, I believe in a committed meeting, that there is no such thing in the state of North Carolina as nonpartisan elections. I live in ?? County, and you figure from the news that we've made over the years that there holds true that statement. It's not nonpartisan, and we do owe it to our citizens to educate them. Now when somebody in a nonpartisan race is running they won't ?? an apple pie, they just don't tell you how they wanna get there. Representative Adams mentioned the philosophical differences, Representative McManus has mentioned the achievement gaps. There are two different ways to work in that, one is teacher tenure and one is teacher merit pay. Very extreme differences, but when someone runs for the school board they tell you they want qualified teachers they may not be telling you how they want to get them once they've been elected. That's where we owe it to our citizens to let them know the methodology. Everybody wants the same result, we want a safe public, we want educated students, we want healthy individuals in our state, but what we argue about is the methodology and that's what are citizens need to know. When we get elected how are we gonna do it? Thanks you. [SPEAKER CHANGES] Representative Larry Hall, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The ?? is right now to debate the bill as amended. [SPEAKER CHANGES] Thank you, Mr. Speaker, and ladies and gentlemen of the house. I know that we respect the citizens that vote, not only for us but who vote for our locally elected officials, and when we get into a position of deciding that we want to make that decision for them without doing a survey, or a poll, or having a public hearing of some type then we may be taking away from them, their right to have the government of their choice. I don't think you know just because of someone's party affiliation what they're going to do on particular issues and I know all republicans in this chamber don't think alike. Representative Jones came here, was not a republican, became a republican after he got here, so you couldn't know how he would've thought before he got here and democrats the same way. To say that we're gonna improve the selection by the local citizens by putting, or requiring, that these be partisan elections doesn't do anything to say that they will have better, more representatives, or a more effective government. I ask that you not support this. If the citizens have been able to elect the five republicans they did, presumably they learned about the candidates, they're positions, and made that choice and that's what we should encourage them to continue to do. Learn about the candidates, their positions, how they're gonna get things achieved and vote based on that. Not just let dumb the election down and say 'just vote D or just vote R.' [SPEAKER CHANGES] Representative Brawley, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The ?? right now is to debate the bill. [SPEAKER CHANGES] Thank you. It's precisely because we have these philosophical differences that it's important that we know who we're voting for. A lot of the folks that vote have no clue whose running for the school board, they have no clue whose running for the county commission, and the only thing that they will know is if

[0:00:00.0] It’s a partisan election is that they are Republican or Democrat and there are huge competing ideologies with regard to government and why all Republicans don’t think exactly the same and all Democrats don’t think exactly the same? There is a huge divide in what we believe philosophically, ideologically. When I go to vote I like to know what party somebody is, the bottom line is there is no such thing as a non-partisan election because if you will think about it everybody that has run in a so called ‘Non-Partisan Election’ they showed up, all the Republicans have showed up that your party headquarters and ___[00:35] precinct meetings the Republican precinct meetings and the Democrats show up at the Democrat precinct meetings. So, everyone is still running as a republican or as a democrat. The only ones that don’t know what they are the people that actually have to cast the ballot. As far as whether or not the gentleman let the boards know that are sitting what difference will that make, their incumbents it’s not about them, it’s about the people have any opportunity to know when they get ready for the next election who these people are not everybody spent the amount of time that folks like us might do researching the candidates and looking to see who they are? If you have the information that says Republican or Democrat they gives you a basic ideological ground work for making new decision and I recommend that we pass this. [SPEAKER CHANGES] Representative Glazier please state your purpose. [SPEAKER CHANGES] To debate the bill Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you very much Mr. Speaker, I want to just bring two points to the body’s attention. One and it’s particularly queued in an area like mine but that’s bill over I believe into Lee County, one of the restrictions you will be putting on and that we put on whenever we move to partisan elections for the most part under the Hatch Act, it eliminates anyone who is Federal Government Service from seriously being candidates for partisan offices, if you ran a non-partisan office the Hatch Act allows you to run. So, what we do and towns that have large Federal long claves for Federal workforce or employees although there are few exceptions to it effectively we are eliminating anybody from now seeking these seats, who is a Federal employee because of the Hatch Act. So, I think there is a very legitimate reason why a lot of districts keep non-partisan outside of issues we have talked about on the floor. The second point and the other reason why although I agree with some of the speakers who have made the point that when we call non-partisan it ends up often, too often I think lately being partisan elections. I do think and perhaps because of the experience I had let Representative ___[02:46] on my school board, my desk colleague was the lone Republican on the board we did probably more together than anyone and she bring her board together and we never much thought about those issues at least on the school board. I will agree the come election time it becomes always more of a challenge to maintain that. To given what's occurring and the partisan nature what's occurring across the country I think that there are at least legitimate reasons to keep things non-partisan that would not however be my second reason for voting against the bill. My second reason is when we make fundamental changes in the election process to our counties I think it comes to us not to sort of look out at town home meetings, one or two we may have and our friends I think it’s coming on us to have a wide spread comment in multiple forms before we bring that kind of bill to the floor because we know what we want, we know what we believe and we can all become insulated here and we are talking about the citizens, right. And I don’t think in all fairness when in fact even the boards involved and fairly knew this bill was coming you can say or any of us can say that there was wide spread notice and publicity and the comment capacity in the county, it maybe that Representative Stone is exactly write about where his constituents lay but I think it’s safe to say that we would no better had there been time for it to be out in the public and for true public comment to occurring because I think that’s been truncated here and because I do believe in our area of the state the ___[04:24] there are huge numbers of people doing distant franchise from running under this bill for important spots I’m going to vote against the bill, thank you. [SPEAKER CHANGES] Representative Jackson please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker, Representative Glazier and one of my points about the Hatch Act, the second thing I wanna say is people in the state who are registering coming to the state, they are not registering republicans and they are not registering ___[04:54], the registrant is unaffiliated and what this bill does is taking the largest growing percentage and they can’t… [0:04:59.9] [End of file...]

of office of the sample time using the end of the 1980s and it was running for reelection and times, I don't mean a supported economy are outrageous only one is offline still at times its as one of the audience will be the topic don't want to have it, is worthy of the license was way off the line of your hand is courting time, and the middle class events recorded it with a deal and its investment one time, and persistently a vessel to use the always local sales in unity going to wartime have its hands on press before it not since the start message, you'll stay on as personalities PlayStation purpose of ?? since the events from the usual as Exxon is a genuine I'd done us as a star of the minority stake in fact that U.S. citizen and ?? of the Ahl below with a lot of sending them to become media walls and is out there is a function here the loss of times he also has recall having seen for the citizens expressed concern to make them as is the poorest and after hearing to the county election with HTML veto, small business advantage of it, the 254 AM and at the state constitution's ban all in all of you this year as a revolving other Asian this time of giving us didn't even have a profit to be in the house and the lack of this is what one of the any of the time estimate well suited for complete restrains the items of the school board warned about the City Council republicans or democrats the time they were all-but-I figured the cage, so that businesses with more than 88 season of the survey of web-forties as it has been a hot key areas are making this up and went on to what they do not have the same thing that is helping them build in the system is this account into his rest time since the country has made no excuses become a tight race ?? that we knock on some of the Intel was 1. 11 status and all proceeds from outlook in my job is when, in the trial date line that would seem to sway the services into the offer of dual ?? at least nine person in Hastings PlayStation purpose -built because resume bills in which the Koreans to support the collators and style of just one involving the state constitution and some studying it on the list was still save all it costs to drive home the winning there's another constitutional right to own role for all of its enabling legislation time you're on the west the prosecution still hasn't been used for calling and still personalization purpose and the PLO is a doesn't know how much it up, not the offbeat and she lacks ?? of a vision of the United States in the backcourt I live in the late nineties when I have to, you know, the fight against again very different, maybe it'll get better and that the defective following the story of chimed in the bottom and in all, the act me he was at a time on the rock of the depression person is a way station purpose I think no effect has made no think it is the senior times last year has channel partner for each occasion but only if we have republican member is near, she report I can't imagine any imprint is the ?? ?? ……………………..

...it's a safe district for Democrats, but Republicans, especially on education, share in the power in that city and in the decision making. Educational policy should be set by professional educators who are doing the research and who know the best practices available to our students. We should not have partisan politics setting policy without the leadership of our professional educators. This is a bill that takes us in the wrong direction and I hope you'll vote no. [SPEAKER CHANGES] Representative Bumgardner, please state your purpose. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Yes sir. I would like to speak in support of this bill. More information is better and I don't understand why we would want to keep voters from finding out what party a school board member or city councilman is running for. Most of the time they have no information and so something is better than nothing. More is better than less and so I don't understand why you would want to keep voters from finding that out. Thank you. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 490 on it's second reading. All in favor say aye. All opposed say no. You guys appear to have it. Division having been requested, we will go to electronic vote. The question before the House is the passage of the House Committee Substitute to House Bill 490 on it's 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. 69 having voted in the affirmative, 38 in the negative, the House Committee Substitute to House Bill 490 has passed it's 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 to House Bill 490 on its third reading. All in favor say aye. All opposed say no. You guys appear to have it. You guys do have it. The House Committee Substitute to House Bill 490 has passed its third reading. It will be engrossed and sent to the Senate. For the information of some of the new members here, that was a local bill and the second reading could have been a voice vote. It was not clear to the Chair, although the Chair was about the rule in favor of the prevailing side that ultimately proved to be prevailing in electronic vote. The Chair tried to provide ample time for members on the dissenting side to determine whether or not to call for division, which is why we put the question to an electronic vote. House Bill 41, the Clerk will read. The reading Clerk will yield. The Chair would like to extend the courtesies of the Gallery to two groups. One group is the Jones family from Connelly Springs. I thank some students up to my right. Another group is a group of elementary students from Claxton elementary in Asheville. Please stand to let us welcome you. The Clerk will read. [SPEAKER CHANGES] House Bill 41, a bill to entitle an act to acquire .00 alcohol concentration restriction on all restoration of license revoked by an impaired driving offense. General Senate of North Carolina enacts. [SPEAKER CHANGES] Representative Jackson, please state your purpose. The members will please clear the line. Please state your purpose, Representative Jackson. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mister Speaker. Fellow members, hopefully this will be a little bit less controversial bill. This is a bill that I believe is just good public policy. You can see from the draft on the dashboard that it's a pretty long bill but it's really just a change of a few sentences. Staff and I felt like by laying the bill out, you could see how minor the changes were. You could see how it fit and flowed with the current law. Currently after a DWI conviction, after a year of driving on a limited driving privilege, you can go down to DMV and get your license back...

When they give you your license back, they put a restriction on your license much like an eyeglasses restriction. It simply says you can continue to drink and drive, just don't drink as much. Your limit is now, instead of a .08 legal limit, it is now .04. For people who are repeat offenders, or people who had a high BAC the first time, we have a zero tolerance. You'll see under B and C of the different statutes that are set out, you will see that .00. This bill would simply change the .04 to the .00 for all offenders while you have this restricted license. The sheriff's association has come out and supported the bill, and I have emailed you that. There is a small fiscal note available, I emailed you that, I don't believe there will be much of a fiscal impact on this. I do believe this is just public policy and just telling folks "You made a mistake, don't do it again. Don't drink and drive for at least three years," and hopefully get out of that habit. I would ask for your support. [SPEAKER CHANGES] Further discussion, further debate. Representative Riley, please state your purpose. [SPEAKER CHANGES] Can I ask a question? [SPEAKER CHANGES] Representative Jackson, does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative, in going through these debates before, it was brought out that cough medicines and things might cause an alcohol reading, has that been reviewed and would that occur? [SPEAKER CHANGES] Thank you Representative, that question has been asked to me both privately and in caucus. The response I got from staff when I asked that question is that although the law currently says there is a zero tolerance, that people who are required to have an interlock, the DMV actually sets the positive reading somewhere higher than .00, so that cough medicine and certain foods should not trigger a positive result, that they do not set it at .00, and they tell me that this change would be consistent with that. If I find out otherwise, I would certainly let the body know. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of House Bill 41, on the second reading. All in favor vote aye, all opposed vote no, the clerk will open the vote. The clerk will allow the machine to record the vote. 109 having voted in the affirmative, 1 in the negative. House Bill 41 is passed on second reading and without objection, Representative Cleveland? Will be read a third time. [SPEAKER CHANGES] Chairman, the [??] North Carolina will be next. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of House resolution 41 on its third reading, all in favor say aye, all opposed say no. The ayes appear to have it. The ayes do have it, House Bill 41 has passed its third reading and will be sent to the Senate. House Bill 146, the clerk will read. [SPEAKER CHANGES] House Bill 146, A bill to require the state board of education to ensure instruction in cursive writing and memorization of multiplication tables as part of the basic education program. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Hurley, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker, ladies and gentlemen. I first became aware of this issue about a year ago. I had a class of fourth-graders who came to visit, and I brought them in here and we talked, I told them about how laws were made, and then about a week or so later I got thank-you notes from the students. They sent me little pictures and they wrote, but they printed it. All of them were fourth-graders and they all printed, and some of them did not know how to turn the paper to write the notes. I started asking "Are children not writing cursive anymore? Are we not teaching cursive anymore?" I have two school systems in my district, and the city school system said Yes and No, that the teachers had a choice. Some did teach it and some didn't teach it. But some of our students were not being given this skill. Our county school system said they were teaching it. So I asked my county school system if they would please give me some research, and they did.

?? ?? CSF lives in his mind's writing and in fact scene and Sunday are phases and island of resource ended, its in-one in seven states that my first time in 15 minutes of inspecting a and commerce agency and address times and me are different courses and will start separating the install as behind the times-CBS is I think it has arrived at the letters said he is at times and NDS are as high as the resurgence in the chat with other diseases and the thing anymore since the first encountered-sixteens and ?? enters the SS counteract the team that has existed since this is not the Tarzana defense instead, it is time restaurant in other side are designed only to see that the features in fact that means each ?? in access and easy answer me, I'd have the edge of the time and I've had a 22 at the opening is to ration and psychotic incidents that have happened if it is at hand, is that the estate: education & company time, archives, ceilings seventies and eighties, the daily by statewide education minister is taxing person writing in every sense of obligation that was not an easy method as part and North Carolina jails and has a history of-its-empire is inserted, timescales me, the state's public schools examples and they haven't gotten out of a education, and inmates, cages and competencies: at the station, as it has, for CNN and time in school with my decision procedure I am not very efficient test samples as the days of education for his defensive line skating practice apart, and set aside since once it becomes a public schools ??'s interest in not only Sharon Stevenson and 9% in regards to hide his next time suspended licenses, many skills that you can't even find well-educated person that started when Kenny Easley-North Carolina State courses that the investment income, four and a citywide students and an occasional tables is only the latter the conquest and seniors and analyzes the high standards on some of the aging of the case and anticipated, and desire is legislation as range of Lafayette Lake, nothing's not necessary and status finances as he has to compete head-on society of a nice time said he has a features of the interest rate as is the latest of the teachers mean is that right time serious knee -teachers in one location in recessions at his new, when serious things on his style, a standout is an inside the station east U.S. and says regarded as is the concept is at the matter with 19 , and this is just as the death of a longtime Clinton stressed their service to open the taking care of IE, all sex acts of resources and is tiny, thatcher's polls and schools and innocent schools that are still pockets and purses that he has been that level, resurgence not surprisingly, jump in here , and that at the end, it's easier-to-sized as the price of 19, in the context of soaring the act that the Nazis and liability in-season for the defense industry of war and maintained that a cent increase the research and I'm sticking out sprint and 70 in a sense the whole styled increases the odds are interested not contagious about 90,000 estimates copies of a plant seeds and has been operating a state that there is anything ever having his writing in a sense, staffers is one of the day the other ?? ?? ?? ………………….

DC, and the high five, but it's called a fight that battle against USC on the other hand, the set, at times other just remind, insert, just a bit of any of the season seats are just teaching and secession is as successful as though he was founder-teacher, and he signs issues-the classroom full senate, as the year is to get over here are enough honor sedan and its cities and are not intended as a major infusion from Friday's-and-operated a reduction of the county's economy that is just such as the 1917 is in the same success isn't as large as a man as a result of time he has, has been training for school serves as an excellent and get the teacher or were swept aside the nineties and the times since the hierarchies and not allowed to teachers and faster in the city's past his attacks are not as interesting person has hired as a horse answer that was enough to still have time visitors at the station purpose, when it made you fall questions might be a handy when U.S. army I know: the mail address and as I can happen anytime that cannot be denied is an unsettling smaller sensitivity as a was no reason was a time of is that if you're not a question last message of house bill 136 on a second real as I'm one of those men and women ?? in a scene that life 1-7 and the department in review not that we wonder whether, 81 person time as the 146 passes activity without objection will be rather, Johnson, owner of the session Friday that this person was PlayStation purpose one of the major than a few times as I am with actively a time when Stan, it's only logical for not just one interests, to the report please us more times along the way they see all to issue another report. One site for instance if refinement and on-the-Davis spent of dollars that were at the zesty that might it not lifetime house passage of house bill with 46 as the realism has a higher goal president ?? us at house bill 146 is best start reading and all the senses and Pers president Samper PlayStation purpose us out in Shasta,@well as all that was that it was called accident and that that was at one of the issue of this is only a guess at the U.S.-built business, if the city time as it was easy credit card and the ?? base of the house bill 16 for a building contractors averaging rebuttal resumption and certain tax account numbers or independent contractors and pop drive these of the workers' compensation hour Johnson also are on opposite sides of the station purpose I'd just been a major has made all the time they're all good job in terms of the war in EL Paso Industries to rename-span was an invitation was no opposition, encourages more of a ?? ??.........

…basically just establishes the case law that says that most taxi drivers are independent contractors, but it leaves it open for those few times when they are not. Thank you. [SPEAKER CHANGES] Further discussion, further debate, if not the question before the House is the passage of the House Committee Substitute the House Bill 163 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 affirmative, one in the negative, the House Committee Substitute the House Bill 163 is passed its second reading and without objection will be read the third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. Representative McGrady, the gentleman did not record on that last bill. Does the gentleman wish to be recorded as having voted aye? Gentleman record as voting aye. Further discussion, further debate, if not the question before the House is the passage of the House Committee Substitute the House Bill 163 on its third reading. All in favor say aye. All opposed say no. The ayes have it. The House Committee Substitute the House Bill 163 is passed its third reading, will be sent to the Senate. The House Bill 214, the clerk will read. [SPEAKER CHANGES] The House Bill 214, a bill to be entitled an act exempting from public records documents collected or compiled in connection with an application for licensure under the laws regulating real estate brokers and salespersons. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Whitmire, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, sir. House Bill 214, the amend real estate license for records bill, it’s objective is the safety issue. It's to protect the personal information of our 80,000 realtors and our real estate agents in our state that the Real Estate Commission is required to get when there is licensure paperwork renewal and et cetera. And what's happening is that information not just the business aspect of it, but the personal-private information is open to records request and we've had numerous examples of this being exploited. One of the more severe examples was this December in Jacksonville, North Carolina where a felon rapist was apprehended and had a long list of real estate agents' home addresses and phone numbers and House Bill 214 solves this issue while still ensuring transparency. So with that you've got a letter of support at your desk from the North Carolina Association of Realtors, the North Carolina Real Estate Commission also supports this bill and I ask that you support it. Thank you. [SPEAKER CHANGES] Representative ??, please state your purpose. [SPEAKER CHANGES] Asked to be excused from voting as on rule 24 ??. [SPEAKER CHANGES] Without objection, so ordered. Further discussion, further debate. Just confirming the gentleman be recorded appropriately. The clerk ready? Further discussion, further debate, if not the question before the House is the passage of the House Bill 214 on its second reading. All those 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 affirmative, none in the negative, the House Bill 214 is passed its second reading. Without objection be read the third time. [SPEAKER CHANGES] General Assembly of North Carolinian enacts. [SPEAKER CHANGES] Further discussion, further debate. Representative Bryant, the gentleman who's not recorded on that vote. Does he wish to be recorded as having voted? ??. The gentleman will be – we are having ?? recorded as having been excused from that vote. If not the question before the House is the passage of the House Bill 214 on its third reading. All in favor say aye. All opposed say no. The ayes have it. The House Bill 214 is passed its third reading, will be sent to the Senate. The House Bill 366, the clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 366, a bill to be entitled, an act to make technical and conforming changes pertaining to the renaming of the North Carolina Forest Service and to make other changes in the Forest Service statutes. General Assembly of North Carolina enacts.

Representative Langdon, please state your purpose. [SPEAKER CHANGES] To debate the bill [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Ladies and gentlemen, this bill was part of a bill requested by them, and what we've done is the forest service, you know, was moved over to ??, and we are changing names which fits where they're at now, which was the biggest thing in the bill. The other changes deal with the system commissioner of North Carolina ?? Service for director of the division. Section 14 and 15 makes changes in the requirements for North Carolina Forest Service firefighters while on standby or on call status for fire suppression, allows for thirty-minute availability instead of being required to be within twenty-five miles of the ??. Section 20 makes changes needed because of 2011 transfer to allow the Department of Agriculture and Consumer Services to regulate traffic and motor vehicles within state forests, and Section 21 makes employees of the North Carolina Forest Service eligible for death benefits under Article 12a of Chapter 143 of general statutes while engaged in emergency response activities. This had good support in the ?? and I urge you to support it here. Thank you. [SPEAKER CHANGES] Further discussion? Further debate? Representative Warren, please state your purpose. [SPEAKER CHANGES] ?? [SPEAKER CHANGES] Further discussion? Further debate? If not the question before the House is to pass it to the house ?? substitute, the house bill 366 on its second reading. All in favor, vote "Aye". All opposed, vote "No". The clerk will open the vote. All members wishing to record, please do so at this time. Representative Hardister. [SPEAKER CHANGES] Clerk, will ?? record the vote? One hundred and eight have voted in the affirmative, one in the negative. The house committee substitute House bill 366 has passed its second reading and, without objection, will be read a third time. [SPEAKER CHANGES] ?? North Carolina [SPEAKER CHANGES] Further discussion? Further debate? If not, the question before the House is the passage of the House Committee substitute to House bill 366 on its third reading. All in favor, say "Aye". All opposed, say "No". The "Ayes" have it. The House Committee substitute to House Bill 366 has passed its third reading and will be sent to the senate. Representative Michaux, the Chair would ask the gentleman to explain the basis for his being excused from the prior vote. [SPEAKER CHANGES] Yes, sir. Mr. Speaker and ladies and gentlemen of the house, I have been a licensed real estate agent for the last forty years, and my position there, whatever I feel about the bill, I think, would cause me to have a conflict of interest in my opinion. That's why I did that because of the appearance of a conflict of interest there. And that's why I did that. [SPEAKER CHANGES] Members, I make that point. It was a member both in the Democratic and Republican caucus that excused themselves from the vote for that purpose. If there are any other members who wish to be excused from that vote. This would be an instance without objection. I'll allow you to approach the clerk and request being excused from the vote. [SPEAKER CHANGES] Mr. Speaker. ?? Bill Brawley [SPEAKER CHANGES] Representative Brawley Parliamentary inquiry considering there are several thousand, tens of thousands of real estate [SPEAKER CHANGES] The gentleman anticipates a question. [SPEAKER CHANGES] Okay [SPEAKER CHANGES] And, as Representative Michaux said, it's personally an appearances question. The Chair does not believe there's any direct ethical violation. We're simply informing the members so that they can make their choice. But there's certainly no requirement to do so. [SPEAKER CHANGES] Alright. Thank you, sir. [SPEAKER CHANGES] House Bill 384 the Clerk will read. [SPEAKER CHANGES] House Bill 384, billed to be entitled An Act Amending the Definition of Marital Property, to provide that entirety's property is subject to the same burden of proof in rebutting the presumption as all property classified as marital property and amending the definition of divisible property to clarify that increases and decreases in marital debt means passive increases and passive decreases in marital debt under the laws pertaining to

[??] distribution. General Assembly of North Carolina next. [SPEAKER CHANGES] Members, before we go to debate on this, just again for your edification, the Chair allowed the votes to change, allowed the members to be excused from the vote because the Chair did not anticipate that it would change the outcome. If those votes changes had changed the outcome it would have been out of order and the vote would have stood. Representative Davis, please state your purpose. [SPEAKER CHANGES] To speak on 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 has to do with equitable distribution, which is a division of marital assets and debts in a domestic case. It was drafted with the assistance of the North Carolina Bar Association and a Family Law District Court judge. It comes to you with a favorable report from Judiciary C. The changes are two-fold. One, as the law now stands, it states that it is presumed that all property acquired after the date of marriage and before the date of separation is marital property, except property which is separate property, under subdivision two of this subsection. This presumption may be rebutted by the greater weight of the evidence. The situation we have is that the language does not differentiate between personal property and real property. Case law in North Carolina holds that if a party who is married during the marriage conveys their separate property in real estate to the other spouse as husband and wife, which is tenants by the entirety, that there is a presumption that there is a gift to the marital estate. That follows the language in the statute. But also, in that particular situation, the burden of proof by the case law is by a clear, cogent and convincing evidence, which is a much stricter burden of proof than greater weight of the evidence. So, what this aspect of the bill is doing is to codify what is now the case law in North Carolina. And once again, that is simply that all real property creating a tenancy by the entirety acquired after the date of marriage and before the date of separation is marital property. So it really doesn't change anything that's in our case law. Once again, it simply codifies it. But, this bill does do one thing. It changes the burden from the case law, that being the greater burden of clear, cogent and convincing evidence to make it be the same presumption as that set forth in the statue being rebutted by the greater weight of the evidence, because you would not want two burdens within the same statute. The other aspect of the bill deals with the definition of the visible property. The visible property is what happens to either personal or real property from the date of separation until the time you do the equitable distribution. Visible property, per the statute, is defined as being passive appreciation or passive depreciation, which simply means something either accumulates in value or decreases in value just sitting there, like a bank account. If you have interest that accrues after the date of separation, that's passive. If you put a deposit into the bank, that's active. If you do addition to your house, that's active. If the real estate value goes up just because real estate values go up through no action of your own, that's passive. So, what the second change does is, lower down under the definition of the visible property, it simply said under the existing law: increases and decreases in marital debt and financing charges and interest relating to marital debt. What this does is change the language to say, passive increases and passive decreases, because once again, that is what the visible property is; it's passive. So that's just a clarification there. And Mr. Speaker, at the appropriate time, I understand Representative Sarah Stevens has an amendment. The bill as presented, our existing law stated that the Act is effected when it becomes law but because we're changing the bill, the amendment which I support would state that this Act becomes effective on October 1. And I would answer any questions that you might have. [SPEAKER CHANGES] Representative Stevens is recognized in support of the amendment. The Clerk will read. [SPEAKER CHANGES] Representative Stevens must amend the bill on page two, line twenty-two by re-writing the line to read. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Representative Davis said it all. We just ask for your support. [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 Davis

...on House Bill 384. All in favor vote aye; all opposed vote no. The Clerk will open the vote. The Clerk will allow the machine to record the vote. 105 having voted in the affirmative, none in the negative, the amendment passes. We're now back on the bill as amended. Further discussion, further debate. If not, the question before the House is the passage of House Bill 384, as amended, on its second reading. All in favor vote aye; all opposed vote no. The Clerk will open the vote. The Clerk will allow the machine to record the vote. 109 having voted in the affirmative and none in the negative, the House Bill 384 has passed the second reading. Without objection it will be read a third time. Clerk: General Assembly of North Carolina Enacted. The Speaker Pro Tempore: Further discussion, further debate. Representative Lewis, will you please state your purpose? Rep. Lewis: [silence] The Speaker Pro Tempore: If not, the question before the House is the passage of House Bill 384 on its third reading. All in favor say aye; all opposed say no. The ayes have it, and House Bill 384 as amended has passed its third reading, will be engrossed, and sent to the Senate. House Bill 387, the Clerk will read. Clerk: Committee substitute for House Bill 387, a bill to amend various criminal laws regarding concealed handgun permits, the functions, disposition of firearms, crime victims' rights, and the fixes that may be weighed. General Assembly of North Carolina enacts. The Speaker Pro Tempore: Representative Malone, please state your purpose. Rep. Malone: To debate the bill. The Speaker Pro Tempore: The gentleman is recognized to debate the bill. Rep. Malone: Ladies and gentlemen, this bill transfers the authority to prescribe forms for the application and permit for concealed carry from the administrative offices of the courts of the state to the SBI. Largely this is already programatically done, by the way. We had a member of the AOC there to answer that question. It requires the clerk of court to transmit an order expunging a conviction to the SBI and for the SBI to forward the information to the Federal Bureau of Investigation, the FBI. It qualifies for benefits under the Crimes Victims Rights Act to any victim of persons committing an assault on firefighters, emergency responders, or health care professionals. It also grants jurisdiction for magistrates to hear open burning cases. It also clarifies, and this is the last point, that a person seeking expungement of a criminal offense must wait the statutorially-prescribed period, either from the date of the conviction or the date when the sentence, to include post-release supervision, if applicable, or probationary period, have been completed, whichever is later. This passed committee yesterday unanimously. Any legal questions I will give to the other primary, Senator Stevens, and I commend this to you all and ask you to vote. The Speaker Pro Tempore: Further discussion, further debate. If not, the question before the House is the passage of House committee substitute to House Bill 387 on its second reading. All in favor vote aye; all opposed vote no. The Clerk will open the vote. The Clerk will open the machine and record the vote. 110 having voted in the affirmative, none in the negative, House committee substitute to House Bill 387 has passed its second reading and without objection be read a third time. Clerk: General Assembly of North Carolina enacts. The Speaker Pro Tempore: Further discussion, further debate. If not, the question before the House is the passage of the committee substitute to House Bill 387 on its third reading. All in favor say aye; all opposed say no. The ayes have it. The House committee substitute to House Bill 387 is passed its third reading and will be sent to the Senate. Ladies and gentlemen of the House, I've been advised that there is one that a committee intends to meet briefly after a session that isn't on the list of bills to be read later today, so we will read that one bill, and that bill is entitled, for those who are interested, the bill on Buncombe County. The Clerk will read. Representative Moffett, House Bill 55, designed bill, Buncombe. The Speaker Pro Tempore: House Bill 435, the Clerk will read. Clerk: Committee substitute for House Bill 435, a bill entitled an Act to provide for the calculation of school performance scores...

Engraved by the State Board of Education. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Langdon, please state your purpose. [SPEAKER CHANGES] Debate the bill and send forth an amendment. I send the amendment first. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Langdon moves to amend the bill on page 3, lines 31 and 32, by adding between the lines a new section read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] The amendment in the Education Committee came up about whether or not exception of children were taken care of in this. So what I’ve done is amend my bill to take care of that. This is the law in relation to that whole program. And this amendment covers that and I think helps my bill so I appreciate you vote for it. [SPEAKER CHANGES] Representative Cotham, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker, to speak on the amendment. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker and members. I just rise in support of this amendment and thank Representative Langdon for bringing it forward. We did have a few questions in the House Education Committee specifically in regards to this amendment. So thank you for bringing it forward and I ask for your support. [SPEAKER CHANGES] Further discussion, further debate on the amendment. If not, the question before the House is the passage of the amendment sent forth by Representative Langdon to the House Committee Substitute for House Bill 435. All in favor vote aye. All opposed vote no. The clerk will open the vote. [PAUSE] All members wishing to record, please do so at this time. The clerk will lock the machine and record the vote. 110 having voted in the affirmative, none in the negative, the amendment passes. We’re back on the bill. Representative Langdon is recognized to debate the bill as amended. [SPEAKER CHANGES] Thank you, Mr. Speaker. Folks, what we’re trying to do with this bill is take care of something that is already law. And in the last session, there was in the budget, a system on rating schools. And that was an uncodified system. What I’m trying to do is codify the way we’re going to rate them and to make it fair and hopefully we’ll do what we wanted to do which is carefully look at schools, come up with a score that actually ends up showing that school’s position. So this is not changing anything in the sense of that other than trying to fix something that I think was wrong. And I hope that you will agree with me. One of the things that we need to do is make sure when we’re rating schools, that we come out with a system that actually rates them correctly and verifies their position and doesn’t harm them in the sense of that. Now it came up in the Education Committee that there’s a mix of schools. And this is because of where they’re located, and the clientele they have. Hopefully this redoing of what we’ve got will actually take care of that, and support the schools that may have some barriers because of where they’re at and disputed clientele they have, all those things that go into making sure schools are doing what they need to do. And most of all, educating the children that are in that school, from wherever they come from and whatever they bring to that school. So hopefully we’re addressing that. I don’t think this is a complete fix, but it is a lot better and I would hope you would support the bill. [SPEAKER CHANGES] Representative Cotham, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker and Representative Langdon. Thank you for allowing me to be a primary sponsor with you on this important piece of legislation. As the Representative said, this debate today, this policy decision is not about grading our schools A through F. So whatever opinion you may have on that, that is really not what is before us. What I think we’re doing and what the House could be commended on in House Leadership, is making this bill better. And making it more fair, as the Representative said. This bill will seek to delay the grading of the A through F schools by one year. So there will be a delay. Part of the reason for that is because as we all know, North Carolina will participate in the Common Core Standards that will start this Fall. Part of the concern

... and the problem is if we do not do this bill today, then we're going to start grading our schools incorrectly and it could really cause more of a problem a year from now when Common Core has already started. That is part of the reason. The other part of the reason is that as the bill that has already passed and is already law, is written, and there are a few little issues with that, almost 70% of all of our schools in North Carolina would have a D or an F. That's not the way we want to start out and I'm not saying they should all start out with an A because that's absolutely not correct. But there's something wrong in that piece and in that measurement and so our bill hopes to look at that and to correct that. Again, and for those who are listening, I know there's been a lot of confusion but this bill does not say we are already going to grade the schools A through F. That is already current law. We are hoping to make that law better and I do ask for your support. Thank you, Mr. Speaker. [SPEAKER CHANGES]: Representative Luebke, please state your purpose. [SPEAKER CHANGES]: Speak briefly on the bill. [SPEAKER CHANGES]: The ?? is recognized to debate the bill. [SPEAKER CHANGES]: Thank you, Mr. Speaker. Members of the House, I agree with what both Representative Langdon and Representative Cotham have said about how we are making the best of a bad situation. I think that was a ?? Motown song, I think, a few years ago. We’re making the best of a bad situation but it's important to recognize that this came into law through the budget which means it didn't really have a full, in 2012, Representative Langdon. What it means, members, is that we did not have a full discussion of this through the policy committees. It just really was popped in the budget and I certainly understand how sometimes to get the budget done you have to accept things from the other side that you really wouldn't want to accept if it had had a debate in our chamber. The fact of the matter is, I think many of us on the House Education Committee feel it's a very troublesome thing to put the A through F label on, particularly on the schools that get an F label. [SPEAKER CHANGES]: Representative Luebke. [SPEAKER CHANGES]: Yes. [SPEAKER CHANGES]: The gentleman would ask the, the Chair would ask the gentleman to stay focused on the content of the bill. [SPEAKER CHANGES]: Yes, sir. I will. I'm coming right to it. What I'm just saying is I think it would, in my opinion what we ought to do is repeal that which is in statute and therefore, while this bill makes the best of a bad situation, I really just think it's unfortunate that we even have this. When I cast my vote no against this and maybe others would too, it's to say the whole idea of labeling schools D and F when teachers and principals are trying so hard, particularly in high-poverty schools to do this, it's just a real problem and we ought to get rid of the whole darn thing of A through F. Thank you, members. [SPEAKER CHANGES]: Further discussion, further debate. If not, the question before the House is to pass it to the House committee substitute, to House Bill 435 is submitted on its second reading. All those in favor, vote Aye. All opposed, vote No. The clerk will open the vote. All members wishing to record, please do so at this time. The clerk will ?? record the vote, 105 having voted affirmative and four in the negative. The House Committee substitute to House Bill 435 is submitted. It's passed its second reading without objection. Will be read a third time. [SPEAKER CHANGES]: General Assembly of North Carolina, next. [SPEAKER CHANGES]: Further discussion, further debate. If not, the question before the House is to pass it to the House Committee substitute to House Bill 435 is submitted on its third reading. All in favor, say Aye. All opposed, say No. The Ayes have it. The House Committee substitute for House Bill 435 is submitted, has passed its third reading, will be engrossed and sent to the Senate. Final bill on the calendar today, ladies and gentlemen, Senate Bill 123. The clerk will read. [SPEAKER CHANGES]: Senate Bill 123, a bill to ?? clarify the existing law pertaining to sex offenders residing near schools or daycare centers. General Assembly of North Carolina ?? [SPEAKER CHANGES]: Representative Zelka [sounds like], please state your purpose. [SPEAKER CHANGES]: To speak on the bill. [SPEAKER CHANGES]: The gentleman is recognized to debate the bill. [SPEAKER CHANGES]: Ladies and gentlemen, Senate Bill 123 is really correcting a problem with the original bill when it was passed several years ago. The specific date that you'll see on your screens was not entered into the general statutes and that caused enforcement problems for law enforcement district attorneys. Law enforcement and association district attorneys asked us to fix that by putting the exact date for this to be in effect into statute so that there'll be no confusion when they go prosecute these cases and enforce the law. This bill fixes that problem and it does not in any way change the original intent of the law. Had unanimous support in the Senate and I recommend the bill to you.

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Representative Warren, please state your purpose. [SPEAKER CHANGES] I'd like the members of the government committee to gather around my area here right after the session please for just a few seconds. [SPEAKER CHANGES] The gentleman was recognized for an announcement. [SPEAKER CHANGES] That is the announcement, thank you sir. [SPEAKER CHANGES] Representative Catlin, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] All freshmen, Republican and Democrat freshmans are invited to a information session with Pete about natural gas, Monday at three o'clock. They call it Natural Gas 101 and it's in LOB 544. [SPEAKER CHANGES] Representative Stevens, please state your purpose. [SPEAKER CHANGES] For a moment of personal privilege. [SPEAKER CHANGES] The lady is recognized for a point of personal privilege. [SPEAKER CHANGES] Mister Speaker, I was honored to be, to be awarded your vote for having the longest bill on the floor, and I'm just disappointed that I couldn't find anybody to make that motion for reconsideration so we could have it one more day, but I know Mr. Tillet (??) was excited about trying to get that done. [SPEAKER CHANGES] Representative Carney, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The lady is recognized for an announcement. [SPEAKER CHANGES] The International Business and Trade caucus will meet Monday in room 1228 at 5 o'clock. We have secretary Sharon Decker coming with her deputy director of international affairs, and we also have the Center for International Understanding Board Director coming to also represent. Thank you. [SPEAKER CHANGES] Representative Larry Hall, please state your purpose. [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thank you mister Speaker, and just a continuation of the announcement on the Full Frame Documentary Film Festival and for those who might not be aware, it's been brought to my attention that this will be the first year that they have been certified to provide nominees for the Academy Awards, so the film festival is well recognized nationally, and I wanted to bring that to your attention as you come and enjoy it. Thank you. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mister Speaker, subject to messages from the Senate, committee reports, rereferral of bills and resolutions particularly those by Representative Lewis and Representative Shepard, and introductions of bills and resolutions, move that the House do readjourn to reconvene on Monday, April the eighth at seven o'clock PM. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative Shepard and subject to messages from the Senate, committee reports, rereferral of bills and resolutions, and introduction of bills and resolutions, that our House do now adjourn to reconvene on Monday, April eighth at seven PM. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say no. The ayes have it. Now stands adjourned.