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House | May 12, 2015 | Chamber | House Session

Full MP3 Audio File

One, two, three. The house will come to order. We will be in to three o'clock. The house will come to order, members will take their seats, visitors will retire from the chambers. The sergeant at arms will close the doors, members and visitors will please silence all electronic devices. The prayer will be offered by Representative Sam Watford members and visitors in the gallery will face with my understanding for the pledge of religious. Representative Watford. For your information, those that are masons, they were a very structured organization from an earlier time period and today I offer one of our opening players and mass at large let's play. totally and glorious Lord God, the creator and protector of the universe, the giver of all good gifts and gracious, that your promise will together in thy name that will be in our mid east in thy name we assemble most humble bless us in all our undertakings that we may know and serve their right that all our actions will tend to thy glory, and to our advancement and knowledge and virtue. And we beseech dear Lord God, to bless our present assembly and to something in their minds that we may walk in the light of our customers and when the probation state is over be amended into the temple not eternal in the heavens. Amen. I pledge allegiance to the flag, of the United States of America and in the republic for which it stands, one nation, one God, invisible with liberty and justice glows. Representative Roy is recognized Mr. Speaker the journal for May 11th, has been examined and found to be correct, I move and stand approved is written. Representative Lewis moves that the journal for May 11th be recognized those in favor will say aye, oppose no, the ayes have it and the journal is approved chalk be noted, if the nose is there like to introduce the nose of the call it shorts of Kerry. Welcome. Great to have you here. report of standing committee the clerk will read. Representative Allan, [xx] and Tobert just a committee report, senate bill 116 had a confidential, we are ready to commennce Hold one minute. Strike that reform calender pursue 136 B 6B I apologize Mr. Reading second one. Mr. Speaker. Representative Horle for what purpose do you rise? I can't hear what you 're saying in regards to the bill or the calender. The point is we're taking Senate Bill 116 which is just radiant before the finance was stricken it's calendar pursuant rule 36B that does not mean today. Next. Senate bill 195 Motor Vehicle Service agreement amendment and they refer to commerce and job development, Commerce and job development. Senate bill 301 deal to purchasing contaminated land AB favorable and refereed to judiciary one, Judiciary one, Senate bill nine required number of operating brake lights, favorable House Committee Substitute, unfavorable to original bill. Original bill unfavorable Calendar, Committee Substitute calender . Representatives Brown and Holloway, Education in Universities Committee Report House Bill 844 stem Teacher forgivable loan program favorable and re-referred to Appropriations.  Appropriations. House Bill 602 Recruit CC Students to Teach a Pilot. favorable Committee Substitute unfavorable to original bill and re-referred to Appropriations. Original bill unfavorable Calendar, Committee Substitute favorable Appropriations. Representatives Hurley, Saine, Hastings, Martin, Setzer and Szoka Finance Committee Report House Bill 292, Beach Bingo Licenses-AB favorable. calendar. House bill 910 allow overnight rescue dog day facilities to appropriations. Appropriations?  House bill 543 modified [xx] exemptions for disqualification

favorable committee substitute and favorable original bill.  Original bill unfavorable Calendar, Committee Substitute Calendar, favorable Representatives McNeil and Ross, features[sp?] of Retirement Committee Report House Bill 759 Retirement systems, COLAs in favorable committee substitute unfavorable original Bill lead to appropriations. Original Bill unfavorable calender committee substitute, favorable the referral to appropriations is stricken Calendar And re-referred to Rules. [xx] Judiciary II Committee Report Senate Bill 123 Uniform Fraudulent Transfer Act, favorable. Calendar. that's some of courtesies from one motion of Representative Brawley and all members from Mecklenberg County, the Chair is happy to extend the courtesies of the Gallery to members of the Charlotte Chamber of Commerce on its legislative are here, please stand [xx]. And the Chair is happy to extend the courtesies of the gallery to the group Mum's Clean Airforce. Today is their Momma Summit, as a chance for mums, dads, grand parents and kids from across the state to show broad and united support for children's health if you're here if you'd please stand. And we have school group here and the Chair is happy to extend the courtesies of the Gallery to the group from Neighbors Grove Christian Academy of Asborough[sp?] and Randolf[sp?] County. If you're here here if you'll please stand Thank you for being with us. Upon motion of Representative Cleve[sp?] from Onslo[sp?] County, the Chair is happy to extend the courtesies of To Janet Bowen and the Jacksonville-Onslow Chamber of Commerce leadership team. If you'd stand if you're here please. On motion of the members from Union County Representative Corn, Arthur and Browdy, the chair is happy to extend the courtesies of the gallery to Michelle Lancaster the Assistant County Manager of the union county and president of chamber if you're here please stand okay. Calender House Bill 182 the clerk will read. Representatives Millis, Lewis and Hagger. House Bill 182, a Bill to be entitled an act to increase the fairness and equity of property insurance making an oath requiring that certain property insurance data be made available to public, by providing the North Carolina insurance underwriting the authority issues tax to cover loss related liabilities but reforming consent to late practises by catastrophe, smuggling for property lake making purposes on adequately accurately reflect potential impact and by creating a joint legislator state of committee on property issuance rate making general assembly North Carolina enacts. Rep verller[sp?] recognized explain the Bill? Mr. Speaker, if you would, I would like to send forth an amendment first and then We could have attention please, you're recognized to send forth an amendment clerk will read. Representative Millers moves to amendment the bill on page 13 [xx] I'll be writing the line to read. Representative Miller is recognized to amend the amendment thank you Mr. Speaker, the amendments that's before you at this time is a technical amendment, we did a P. C. S, we changed some numbers of on the actual study this actually gives the accounting correct it needs to be 16 I ask for your support in this amendment and then Mr Speak if I can speak on the bill after the amendment is passed Further discussion on the amendment. If not, those in favor of the amendment one by Millis, will vote aye, those opposed will vote, no. The clerk will open the vote The clerk will lock the machine and record the vote.

The aye's are 116, the no's are zero, the amendment has been adopted, Representative Millis is recognized to explain the bill as amended. Thank you Mr. Speaker before I begin I want to go over this bill as briefly as I can but this is a very complex issue that has a whole lot of time and effort into it.  So just please bare with me as I try go through what the intend is as well as each section and I will be going through the sections of the bill as briefly as possible but I am pleased to present this bill to you, I believe it is a balance of attempt to provide the much needed state wide of reform to our exsisting statutes concerning property insurance, the bill has the potential to provide more affordable property insurance rates through streamline information to the consumer, clear oversight by the department and greater risk cover eligibility to make minimize exposure and provide efficiency during a catastrophic event. Section one of the bill if you turn to it it's considered a already act all of the information listed within section one is already currently provided to the department during a rate increase falling the bureau if this bill would have become a law section one will require the same information as already provided n the range following to be mind by way of ease of access to the public so the consumer would have access as well as US legislators the part of the insurance in the industry to this information. We really believe this credit provision is a good measure for all stakeholders involved. Section two and I ask you to listen closely on this we've had some good discussion throughout the insurance committee and the finance committee on this piece, but this provides the North Carolina Insurance Underwriting Association, which is the body that previous legislature have graded to write into 18 of the most eastern counties. This section here gives that association the ability to issue tax exempt bonds, if a catastrophic event beyond the worst case model scenario, or multiple catastrophic events would occur back to back, in a way that would have incurred loses and loss expenses, that would exceed the combination of the surplus of reinsurance and other sources of funding which deals with assessments to the companies as well as the  assessments to all the policy holders state wide. These bonding authority had has been executed by other states to similar to our state to exposure and we believe it will create a better environment to write insurance with no rest of the tax payer, but with greater benefit to all who could be assessed across the state, therefore allowing the opportunity for lower rates. section three makes much need a changes to the probise of concentary and I know a few all have had a about this from your constituent but consider rates where an actual insurance company is actually asking for the consent of the policy holder who is your constituent to be able to as I narrate above the maximum allowable rate established by the insurance commissioner there is a lot about uncertainty especially because some insurance companies are this concederate form to be turned around in a 10 say time period which call as HD action by the actual policy holder if this provision would become a law the policy holder would have 30 days to put react in addition there have been a lot of uncertainty individual concedes to a higher rate what are they actually conceding to are they conceding to $100 increase are they conceding to 250% of the national rate. This would actually provide a proper disclosure on the actual considerate forms so the policy holder knows exactly what they are consenting to and as well as this form requires that if there are any changes in renewals that disclosure would also be a provider to the policy holder or renewals and so the individual's actions by way of paying their renewal would be their way of consenting future aspect so we firmly believe that this approach to consider [xx] reform provides an ample time frame, proper disclosure for the individual to make it a form decision and with proper balance to prevent any unnecessary red tape upon those who are ridding for our policy orders, section for the bill for the sake of modeling approximate potential losses that more than one model be presented during a following and that the input in to the model actualy be reflected in the North Carolina conditions and or actual building code section 5 of the bill establishes the study to look at further aspects, I'm more than happy to answer the questions you all may have I comfortably submitted this much needed State wide property insurance reform bill to the body and ask for your support further discussion, further debate? For what purpose does gentleman

from Damn Representative Michelle rise? To ask the gentleman a question. Does the gentleman from of the gentleman from Durb[sp?]. I do Mr. Speaker. I'm looking at that portion of the bill, involving the recover Finance Authority Bonds. If I'm reading this correct, that authority in an municipality it can vote the issue State back bunge is that what they are saying? that is incorrect this bonds are not bagged by any full fate in credit of the state more or less since North Carolina insurance association if they would extinguish the $3.7 billion worth of actual, the insurance tower, in our policy holders will be assessed, since they were an association and not a public entity, this authority was having to be set up in this manner, so actually, had a public oversight but the actual burns themselves are tied to the policy holders and not to the forfeited credit of the state and so, is your question, heard your question is correct and the other part is not. Follow up does the gentleman yield to an additional question, I do, He yields who pays in the event of default? There is nothing that changes from existing statute here today, as a now if the actual North Carolina insurance and arising association went a whole $3.7 billion worth of surplus for the policy holders worth of the billion dollars assessment by the companies and the actual aspect of re insurance, all the palsy holders by current law across this entire state would be assessed by giving this burning authority, not only reduce actual risk but it provides that assessment to be paid over town if we were to have multiple kind of strategic events, representative Michelle this is trying to put ourselves in a position as we has something like flooded in, where they've three, four stones back, to back, to back. It would provide eased all the policy holders in the state. So, current law the policy holders pay by the assessment dis burning authority eases that thing. Further discussion further debate, if not, the question before the house the passage of house bill 182 in second reading those in favor will vote Aye those who oppose will 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 182 passes it's seconds reading and will without objection. Strike that the bill will be roll called and will remain on the calender for third reading. For what purpose does the gentleman from Orange Representative Mayer rise? I'd like to be recorded as voted aye. As how? Aye.   The gentleman will be recorded as having voted aye on the previous bill. For what purpose does the gentleman from Honard Representative Louise rise? For a motion pertaining today's calender Mr. Speaker.   The gentleman may state his motion. Mr Speaker I move House bill 430 show title county own it's legislation be removed from today's calender and re-referred to the committee on rules count operation of the house. Without objection. For what purpose does the gentleman from Almach Representative Rolls rise? Thank you Mr Speaker a motion. The gentleman may state his motion. A move on the vote by which the house bill 289 the North Carolina money transmitter pass the third reading be reconsidered after the bill was passed on May seventh be determined that the bill is a roll call vote and we record the vote which is necessary for third reading tank you. Is the objection to the motion reconsidered those with a voice stand, those in favor of thew motion will say aye, aye, those oppose no and we have the chair the event [xx] does has passed the motion reconsider has been adopted, we are now back with house bill 289 back before the body on third reading the gentleman from [xx] representative Rose have the floor to debate the bill on third reading. Thank you Mr. Speaker, members this bill is the one that we had last week past banking unanimous, past finance unanimous or passed house last week unanimous forward now for the official third reading. further discussion, further debate

on House Bill 289. If not the question before the house is the passage of House Bill 289 on it's third reading. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote. the clerk will lock the machine and record the vote. 117 having voted in the affirmative one in the negative, House Bill 289 passes it's third reading and it will be sent to the senate. Members on the House Bill 430, which is the bill that was reconsidered, strike that which is the bill that was reconsidered move from today's calender, there was an amendment adopted previously on second reading of the share holders. The third amendment being engrossed has the bill returned to the committee around that rule counter operation house? it appears as we have exhausted our bill for the day I will strike that senate bill 445 the clerk will read. Representative [xx] [xx] and Wells, senate bill 445 enact to enhance protection for clients all this is primary purpose is to provide services for the care treatment for both rehabilitation pages with metal illness development disabilities not to severe disorders by increasing punishment for clients, abuse, exportation on neglect by opposing and reporting requirement for employees and volunteers who it is a sexual offence or offence against oral perpetration against the client and by making failure to report this violation Mr. Clayier met you claim in general assembly North Carolina enacts. The gentleman from Wake speaker [xx] is recognised to debate the bill Mr. Speaker members of the house This is a identical virtual identical  bill to house bill sponsored by representative Reeves and myself that has passed a couple committees. I'd like to just explain a couple of things of what it does, and then ask if the Chair would recognize Representative Reeves. They've been unreported abuse at some group homes. An including of a young man named Burt and what the bill does is set a requirement for training, not only of employees but also volunteers at these group homes. It separates the existing misdemeanors based upon the nature of the offense where some of them remain Class 1 misdemeanors but some of them are raised to Class A1 misdemeanor. For example, if it's  an employee or volunteer at a facility who knowingly causes pain or injury to a client, expands the mandatory reporting requirement to include volunteers as well as employees and directs county department, social services and the District Attorney to investigate. I'll reccomend this bill to you. Bert's[sp?] parents will be very pleased if you vote for this. Further discussion, further debate? If not, the question for the House is the passage of Senate Bill 445 on its second reading those in favor will vote aye, those opposed will vote no the clerk will open the vote. Representative Shalburg[sp?] does the gentleman wish to record on this file? The clerk will lock the machine and record the vote. 119 having voted in the affirmative and none in the negative, Senate Bill 545 passes its second reading and will without objection be read a third time. General assembly of North Carolina enact. Further discussion further debate? If not the question for the house is the passage of senate bill 445 on it's third reading, those in favor will say aye, those opposed will say no. The ayes have it Senate Bill 445 passes it's third reading and will be sent to the senate. Pastor Pages[sp?] to come forward please. And while they are coming forward, members would just for your planning purposes, the session would be at 2 PM tomorrow, and I believe we have a re-referral like we have a rules chairman. Pages[sp?], the clerk is going to call your name in just a few moments, and introduce you

I would ask when he does if you please step forward so that I and my colleagues will be able to identify you this week. Alicia Baker, Halifax county sponsor representative Ray, [xx] [xx] county sponsor representative Hailey, Holley Wake county, sponsor representative Malone, [xx] Luis, [xx] county sponsor representative Lucas, [xx] Marlone, Wayne county, sponsor representative Marlone [xx] Gaston county, sponsor representative Torbett, Hailey Redclif, [xx] county, sponsor representative Stephens, Zachary [xx] Wade county, sponsor representative [xx] Nathan Alamas[sp?] county sponsored by representative Ross. Pages we're honored to have you here this week we hope you have a great experience and you learn a lot, you're going to be here during some interesting meetings and some long days, that you probably won't have to as many meetings as we are that we're glad you're here, I'd ask my colleagues to please join me in welcoming our pages this week, thank you. You may return to your stations, members house bill 562 short title is and act to enact the second amendment affirmation act, these bill is present only in the appropriation committee the chair removes the bill the appropriations committee and refers to commit the Bill to the committee on rules, calendar and operations of the house  and members it is just for your planning purposes, house it is the Chair's intention, I believe the Rules Committee Chairman is going to announce the rules committee meeting for sometime tomorrow morning and that Bill will be taken rules tomorrow and it's the Chair's intention to have that Bill to the calendar for tomorrow. So it's a good opportunity to be reading the Bill knowing because it will be back before you tomorrow, for what purpose does the gentleman from [xx] representative [xx] rise? Mr speaker were you telling me that the gun safety, the gun bill, on house bill 562 that's the one you were referring to it will be on the Calendar tomorrow? I knew you were looking forward to it, yes Sir. It will be here tomorrow Mr. Speaker for what purpose does the gentleman from Wake representative Martin arise? I think it best phrases the question of privileged if it is not apologized a bill that clearly generates a lot of interests and is very controversial and has strong opinions on both sides and in the middle is going to be heard in Committee tomorrow we don't know yet what form it will be heard in and what form it will emerge from that Committee I think it's safe to say that North Carolina on both sides of the issue but pick a chance to look at what comes out of that bill and senate to the floor as soon as it emerges committee will not give time to do that, I'd argue we just follow our normal process and let that come before the next day I will respond, I'll treat that partially as a problem in our inquiry and state that we're following our procedures advising the Body well in advance that the bill will be on the floor tomorrow. Its PCS I think is going to be published I don't know exactly the time but probably this evening. So there'll be a PCS on the website tonight remember to go see, and that PCS be presented in the committee tomorrow so members will have from probably 9 P. M. This evening or it may even be before then to study that and the article compare to discuss it, debate it, and whatever needs to be done tomorrow. So that's ample time, I would think. For what purposes the gentleman from Ratherfors[sp?] Representative Hager[sp?] rise? For an announcement The gentleman has the floor for announcement. Thank you Mr. Speaker. I will announce that the Republicans will [xx] 15 minutes after this session in room 1228. For what purpose does the gentleman Representative Hall rise? Thank you Mr. Speaker to make an inquiry regarding 562. Gentleman may state his inquiry you Mr. Speaker and I appreciate the fact you've let the members know that the bill will be on the website tonight before 9 P. M. do want to bring to your attention that most of us have citizens we represent that are going to want to give us some feedback after they get preview access to the bill tonight at 9 O'clock as well, and I think what we're concerned about is to make sure we have an opportunity to hear from them before we come to rules tomorrow morning, to hear this bill and for them if they want to come and be in the meeting and use their rights as citizens that they

had that opportunity to come and participate as well I'm sure they want to do their part and legislating here so and again I will follow up representative Martin's request that we give it an additional day after we give whatever the final products is out of rules I don't know if there will be any change to the PCS. But whatever it is we will then want to hear from our constituents as to what there position is so we will know how best to represent them. For what purpose does the gentleman from Cherokee representative West rise? To question the priviledge gentleman is recognized to speak to a point of personal privilege. Thank you Mr. Speaker, members of the house. I've had the honor of and representative Sachel must sit for many years we started back over here and we walked away around pretty well never had the honor to recognize him for his birthday. But it's not his birthday. We might have to deal with several years ago if I did it my life would be in danger. So I'm not going to do it today but I do want to tell you about an event that's happened to Representative Sachel, he's been appointed to serve in the board of trustees of Alesium Grey College, and I'd like for you to join me in honoring him for that. For what purpose does the lady from Wilson, Representative Pharma Butterfield rise? For an announcement sorry I didn't realize you were from your seat. That's why I called on you. The lady has the floor for an announcement. Thank you Mr. Speaker. Ladies and gentlemen this is a reminder for most women who are in the democratic coccus senate and have democratic women on meeting today for dinner at 6.30pm Shaka's restaurant we have late speaker Doctor Wenger and she is going to talk about super women's complex, so what you adhere is sacah restaurant 6.30 PM Gramo Avenue. Thank you further notices and announcements. What purpose does the general from Harnett, representative Lewis raise? The gentleman from Representative Lewis is recognized for a motion and re-referral. Thank you Mr. Speaker. Mr. Speaker, I move that Senate Bill 478, in state tuition for certain events [xx] program be withdrawn from the committee on rules scan on operation of the house and we refer to the committee on education for universities. Any objection? It is a order. For an announcement Mr. Speaker. The gentleman has the floor for an announcement. Mr. Speaker the committee on rules will meet tomorrow morning at 9 AM members would please watch their inbox as a PCS that will be discussed would be there prior to 9 Pm tonight. Further notices and announcement if not the gentleman from Hornet is recognized for a motion. Mr. Speaker I move that the house adjourn subject to re referral of bills and resolutions messages from the senate and receipt of committee reports to reconvene Wednesday May 13th at 2 O'clock Pm. Representative Louse moves seconded by representative Spensor that the house adjourn subject to receipt of messages from the senate re referral bills and resolution receipt of committee reports to reconvene Wednesday May 13th at 2 PM those in favour will say aye "aye" those oppose will say no the ayes have it we stand adjourned.