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House | July 20, 2015 | Chamber | House Session

Full MP3 Audio File

The House will come to order, members will take their seats, visitors will retire from the chamber. The sergeant at arms will close the doors. Members and visitors are asked to please silence all electronic devices. This evenings prayer will be offered by Representative Ford. Members and all visitors in the gallery you are asked to stand for the prayer and also to remain standing for the pledge of allegiance. Representative Ford. Thank you Mr. Speaker, Father God we thank you for this day. This time together tonight. We pray that you'll guide our thoughts, words and deeds. We thank you so much for the rain you've sent our way and we pray to have sent more much of our stake some drought and we pray for that moisture from the sky that you've sent Lord. We thank you so much for what you do, your grace, mercy and love. We pray that you'll help us here tonight, Father In Jesus name, Amen. I pledge Allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with Liberty and Justice for all. The gentleman from Hornet, Representative Louis is recognized for a motion. Mr. Speaker, the journal for July 16th, has been examined and found to be correct. I move that it stand approved as written. Representative Louis moves that the Journal for July 16th be approved as written, those in favor will say Aye. Aye. Those opposed No. The Ayes have it, the Journal is approved as written. Ratification of bills and resolutions, the clerk will read. [xx] presentation for the governor. House Bill 6, An Act to define and to regulate auto-cycles. House Bill 277, AN ACT TO ENACT THE RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2015. And the following bills duly ratified properly enrolled and prepared for presentation to the Office of the Secretary of State. Senate Bill  252, AN ACT TO REPEAL A LOCAL ACT TO EXEMPT CLAY COUNTY FROM STATE WILDLIFE LAWS in respect of persons between the dates of December 26th and January 2nd. House Bill 58, AN ACT PROVIDING THAT THE COUNTY'S OFFICE MAY CONTRACT FOR THE PURCHASE OF FOOD AND SUPPLIES FOR THE COUNTY'S DETENTION FACILITY WITHOUT BEING SUBJECT TO THE REQUIREMENTS OF CERTAIN STATE PURCHASE AND CONTRACT LAWS. HB 236, AN ACT PROVIDING THAT A COUNTY SHERIFF'S OFFICE MAY CONTRACT FOR THE PURCHASE OF FOOD AND FOOD SERVICES SUPPLIES FOR THE COUNTY'S DETENTION FACILITY WITHOUT BEING SUBJECT TO THE REQUIREMENTS OF CERTAIN STATE PURCHASE AND CONTRACT LAWS. Chapter of bills will be noted. Members, our Nurse of the Day is Ann-Marie Patterson-Powell from Cary. Miss Powell, glad to have you here with us this evening, thank you for serving. The House will come to order. Members, House Bill 823, Short Title is Establish Advisory Council on [xx], this bill is on tomorrow's calendar. This is Representative Carney's bill, I don't believe she's going to be back tomorrow so the Chair is going to direct that that bill be re-calendared for July 22nd. Members, the Chair is going to refer Senate Bill 141 the bill is going to be removed from the calendar and referred to the committee of Rules, Calendar and Operation of the house. Messengers from the senate the clerk will read. Mr. Speaker the [xx] of messages received on July 14th 2015, let the House representatives to conquer on House bill 97 Senate committee substitute a bill to be entitled on the act [xx] appropriation for current operations of state department institutions and agencies and for other purposes, The president pro tempo appoints Senator Brown - Chair, Senator Harrington - Chair Senator B. Jacksons - Chairs, Senators Alexander, Apodaca, Barefruit, Barringer, Bingen, Brock, Crook Daniel, Goran[sp?], Hatsel[sp?], Heyse[sp?] J Davis, Warwick[sp?], Lee, Mak Meredith, Lambeth, Pate, Rabin, Rabon, Randleman, Sanderson, Soucek, Tarte, Tillman, Tucker, and [xx] and part of the Senate to confer the [xx] body to the [xx] this a [xx] reserved respectively [xx] Mrs Baker pursuant to message from the Senate today in front of the house bill representative the senate house concur Senate bill 336 House committee substitute a bill to bring [xx] to amend the law governing state planning and

to amend the uniform trust and to establish uniform power departments act and President to appoint Senator Hastatus chair senator Brown Barringer, Randleman, Daniel and Blue on the [xx] Mr. Speaker, if we can have some order. Members, the House will come to order. It is a dull role at this point, I don't know that and he can hear the clerk as he is reading, the clerk will continue reading. On the part of the senate to confer with the light committee appointed by an honorouble [xx[ at the end of differences arrising to be resolved. Respectfully sir my impressionable clerk? Noted. Messages from the Senate clerk will read. House bill 512 amend to clarify a backup PSAP requirement? Calendar bill 36B will be calendar for tomorrow. And members we do have one additional nurse who is with us here this evening, Vicky Boet form Gardener North Carolina, Miss Boet, Thank you for being here as well. Calendar House bill 531 clerk will read. Representative Jake, Dickson and Hardel, House bill 531, the bill to be entitled Act authorizing Wake County to leverage the 1% [xx] tax [xx] next. What purpose does the gentleman from Wade, Representative Bill rise? To speak on the Bill. Gentleman has the floor to debate the Bill. The house will come to order Thank you Mr. Speaker Members of the Body, House bill 531 will alleviate occupancy tags for the County of Wayne for 1% for the purpose of marketing travel and tourism in the county, this bill has passed Finance and the sub-committee on Occupancy Tax, and I ask for your support tonight thank you.  Further discussion further debate, if not the question before the house is to pass House Bill 531 on its second reading. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote. Will the following members wish to vote, Representatives Conrad R[sp?], Collins Bowles[sp?], Bishop for Pindelton[sp?]. Clerk will work the machine and record the vote. 88 having voted in the affirmative and 13 in the negative. House Bill 531 passes its second reading and will without objection. [xx] a third time.  Gentleman from North Carolina next. Further discussion, further debate. If not, the question for the house is the question. House Bill 531 on its, strike that. Is the roll call so third reading will be delayed until tomorrow. Senate Bill 50, Corporal read Senator Bryant, SB 50 a bill to be entitled to increase authorization for Wilson county to levy occupancy tax. The General Assembly of North Carolina enacts. For what purpose does the lady from if Wilson representing Mark Russ? To debate the bill where [xx] to debate the bill Thank you. Senate bill 50 authorises Wilson County to raise its occupancy tax from 3% to 6% or it will be competitive in the region and follows all of our guidelines we passed it over this house with strong vote last session we got hang up on the Senate because of some issues locally that we've worked together on the county commission and tourism and city council have resolved we've resolution of support, bipartisan support representative of [xx] had filed the same view in the house, but we wanted the senate version to come over this time since we passed it last time so that we can move forward and I would certainly appreciate for that. Thank you What purpose does the lady from Maconberg[sp?] represent of [xx] Russ  Thank you Mr. Speaker to speak on bill  The lady has the floor to debate the bill. Thank you Mr. Speaker Representative Martin did a beautiful job. Just wanted to say for our colleague representative former Butterfield who couldn't be here tonight that this bill has our full support and is in complaint with our occupancy tax committee and let's make sure senate keeps it that way. So ask for your support Further decision and further debate is not the question before the house is the passGE senator 50 on its second read those in favor Aye those oppose will vote no, the clerk open the vote. Representative Shepard does the gentleman wish to record on this vote the corp will work the machine and record the vote 91 having voted in the affirmative and 14 in the negative senate bill 50 passes it's second reading and will remain on the calendar. Senate bill 678 the Clerk will read. Senator Scan, B. Jackson and D Davis, senate bill 678 a bill to the entire enactment the debt collector statute [xx] conform to the federal fair debt collection practices of general assembly of North Carolina act. For what purpose does the gentleman from [xx] representing [xx] rise? To offer an amendment. The gentleman is recognized to send forth an amendment the clerk will read. Representative [xx] moves to amend the bill on page one lines 19 through 20 by rewriting those lines to read. The gentleman has the floor to debate the amendment.

Thank you Mr. Speaker, if you recall our debate last week on this bill, there was some uncertainty about the language in this particular sentence. After session I talked to some lenders who actually do the lending to find out what they were saying rather than talking to lobbyist who were maybe a little fussy on the explanation. I inserted the word, designated here to designated third parties with the written permission of the debtor or his attorney. I give you two real world examples that I was given by lenders who do this all the time, why they desire this. For example number one, you have a long haul truck driver. He knows he's on the road a lot, he designates his brother to be able to go make payments at the lender, so if there's a problem with it they can say, Well is the loan up to date? now the lender can't me if the loan is up to date or not all I can do is accept the cheque, but it would be really important to me if I'm the long haul trucker to have my brother cover for me for instance I'm a day late or something like that, so that's one instance. Another instance I think we can all identify with is for military family. If you have a single soldier and he or she is going to deploy for six months, they might want to designate their mother or someone they trust to handle all their financial situations. As a matter of fact before deployment, commanders go over this in great detail with soldiers to make sure that they don't fall behind on things say, what's your plan for doing this? So this would be another example where a soldier may designate his or her roommate, brother, sister, father, whoever they trust to not only make payments but to enquire about a loan from a lender. Without a written designation the lender is not authorized to talk to anybody except the borrower. So that was the intent of this, and I apologize to the body for not doing a real good job of explaining that last week it was clear in my mind, but what we deal with here are words and I think that this makes it a little clearer. I'd like you to vote green on this amendment. Further discussion and further debate. If not, the question for the house is the adoption of amendment, one sent fourth by Representative Szoka. Those in favor will vote aye. Those opposed will vote, no. The clerk will open the vote. Clerk will lock the machine and record the vote. 103 having voted in the affirmative and 3 in the negative, the amendment is adopted. We are now back on the Bill has amended. For what purpose does the gentleman from Cumberland Representative Szoka rise? To debate the bill. The gentleman has the floor to debate the bill. There are a few other questions that arose last week, I'd like to answer those today as well. One question was, does this mean if a borrower doesn't designate someone else to talk to them then they can't take the loan? The answer to that is clearly no. That is an option that is provided to a borrower at the closing to designate someone in my two examples a brother or whoever family member to talk to the lender about the loan. So it's not a prequalification for getting the loan, it's not a condition for getting the loan, it's an option that is offered to the borrower. And another question that was asked was once a third party to act on behalf of the borrower, can that designation be withdrawn? Absolutely yes because it is voluntary so if I designate my seatmate who's not here tonight to talk to a lender on a loan that I get, three weeks down in time if I change my mind I can undesignate him by writing, I go back to lender and say well I withdraw that it's completely voluntary. Not being attorney here, and I know that there are plenty of here might sharpshoot me on this but I Kind of look at it like the power of attorney. You can designate someone to be your power of attorney, you can withdraw that at any point in time. so I hope that t answers the remaining questions, I think the amendment took care of the primary concern on it, and if there're any other questions, I'd be happy to answer them. I ask you to vote green. For what purpose does the gentleman from Wake, Representative Martin rise? To see if the gentleman from Cumberland would answer a question. Does the gentleman from Cumberland yield to the gentleman from Wake? I do. He yields. Thank you [xx] Szoka and thank you for working with folks on this amendment I do think it makes a difference in the bill. On the provision you just talked about about revocation of the granting of this permission to speak with the third party. I just want to make sure that it would not be permissible for the lender to make the revocation of that permission a condition for default on the loan. It would have nothing to do with default on the loan. It's entirely up to the borrower if he gives permission for someone else to talk or if he takes it back, it has nothing to with the conditions of the loan. The borrower is ultimately responsible for fulfilling his part of the conditions on the loan, which is making payments in a timely manner. One follow up Mr. Speaker? Does the gentleman yield to an additional question? I do. He yields. Thank you Mr. Speaker, thank you Representative Szoka. So is it accurate that a lender could not

put a borrower into default based on the borrower's revocation of that permission? That is an accurate statement. Thank you Sir. to speak on the bill. [xx]. Thank you. The issue the other day that I had has been corrected with the amendment that he put in, it was more a case of misunderstanding back and forth about what we were discussing so everything is good there and I recommend that you go ahead and hit the green button. Further discussion, further debate? If not the vote is on to the third reading, Senate Bill 678, the Senate Committee Substitute, all in favor of the motion vote aye, those opposed vote no, if the clerk will open the machine. [xx] clerk will lock the machine. The vote of the motion is 89 ayes, and if my eyes tell me right 14 Noes. The bill passes on third reading and we'll be returning to the Senate. We're going to skip down  to senate bill 697 is that it? 679 excuse me. I need a different sets of glasses tonight obviously The clerk will read. Senators Gunn, Newton and D. Davies, senate bill 679 appeal to the entire [xx] for the recovery of court cost and related cost of voluntary dismissal at the request of a borrower and an action to recover the loan granted under the North Carolina Consumer Finance Act, or part of reduction of the loan made under act of judgement. To clarify the multiple loan limitation under the act. To clarify the statutes related to whether or not the borrowers are members of the military prior to making loans under the act and to make technical and conformant changes to the act. General Assembly of North Carolina enacts. For what reason does the gentleman from Cumberland rise? To offer and amendment. Send forth the amendment. Yes sir. The clerk will read. Representative Szoka moves to amend the bill on page one line 21, by deleting writing and substituting written on that line. Gentlemen has forwarded debate for the amendment. Thank you Mr. Speaker, Ladies and Gentlemen this is purely a technical amendment, somehow it escaped being added on to the sentence all the way through the senate process and through our committee process in the house. I'd appreciate agreeing vote on this amendment, thank you. The voters on the amendment. All those in favor of the amendment please vote aye pause and know the clerk will open the machine. The clerk will lock the machine. The vote on the amendment is 102 for the amendment to nay, the amendment passes. For the debate on the bill, representative from [xx] representing [xx]. To debate the bill?   To debate the bill. Thank you Mr. Speaker. Ladies and gentlemen two years ago the Consumer Finance Act had what I consider to be a major re-write, and there were some things that in any major re-write needed to be adjusted and what the primary purpose of this bill is, is to adjust those things that needed to be adjusted. Section number one is being amended to clarify the lender may recover statutory court clause pay the file and action to collect the delinquet loan when the lendor and this is the important point, at the request of the debtor takes voluntary dismissal or the account is reduced to a judgment. Section number two, this prohibits charges or insurance commissions to lenders except as provided by the Consumer Finance Act or other statutes in the uniforms commercial code. Now the loan may not be divided in separate parts for collecting interests for more than is allowed by the consumer finance act.

This is really technical clarification that one company I believe was needed to have this written so that they would come in complete compliance with the intent of the law as it was written two years ago. Section number three, some of the references here are outdated they need to be taken out. Section number four, this is probably the most significant thing in this bill, and it talks about how do you prove that a lender is taking reasonable precautions to cover, to identify covered service members two years ago was like, OK an officer for example, they pretty much know what they're doing. It was put in the bill two years ago to protect E1s, three, fours privates and specialists basically. And you can look at the wording that was struck out, it was kind of unclear so what's in there right now is crystal clear for anybody in the military or who works with the military to any extent. There three ways to determine the rank of someone, the first is a certificate from the Department of Defence Manpower Data Center. This an automated online thing that every lender knows the website has action to. You put in the service member's name, they give you their social security number. It comes back within seconds Are they on active duty or not? If they are it tells you that right then. The second thing is a copy of their Leave and Earning Statement. For those who've never been in the military in the military that's the equivalent to a pay stub, and the military puts out the Labor and Earning Statement, it has the rank of the service member on there extremely clear, you cannot miss it. a question that I had earlier was self-verification and that is if I walk in and say, Well I'm a captain but I'm really a specialist. That is not sufficient because that's not reasonable precautions, reasonable precautions has to be in a written format or one of those two ways. Section five alone is strictly a technical correction and what this is targeting is targeting out of state lenders and some cases out of the country lenders primarily who work on the internet. If you Google loans on the internet, you'll find literally hundreds of things websites to pop up and this is targeting those lenders to raising the amount from 10, 000 to 15, 000 and again the reference to 53-173 General Statute is deleted because it's repealed and this is really strictly just for consumer's protection so I will answer any questions you have, I ask you to vote green on this bill. For what reason does the gentleman from Wake Representative Martin rise? To debate the bill the gentleman has the floor to debate the bill. Thank you very much Mr. Speaker, let me say it doesn't concern me your vision's affect on your ability to read bill numbers start swinging that gavel I'm diving under my desk. My remarks on the bill will be brief and I just want to commend the bill sponsors and the advocates for this bill for working with North Carolina's Commander's Council, and for those of you who don't know what that is, it's a council the installation commanders, garrison commanders of the various military installations within North Carolina and they are able in many cases to speak for the impact on some of the legislation that we've worked on here on our military families, so the bill sponsors have worked in depth with the Commander's Council and it's reflected in this legislation so I'm grateful to them for the work on that, and Mr. Speaker to see if the gentleman from Cumberland would yield to a few questions. Would the gentleman yield? I do. He yields. Thank you Mr. Speaker, members unlike last week I'm not ambushing Representative Szoka, but I appreciate my colleague for to my questions. Representative Szoka my first question is it the intent of this bill to not grant the ability to wrap the fees, to allow the lender to wrap the fees permissible on this loan into a refinanced the original loan for which interest could be charged that is an accurate in current statement Thank you Mr. Speaker another questions Excuse me I couldn't hear you Mr. Speaker another question for Representative Szoka Does the gentleman yield? I do Thank you representative Szoka and I think you covered this in your remarks but I just wanted to confirm it. The intent of this bill that self certification by the bar that he or she is not a member of the military if it will blow but that does not constitute a reasonable precaution. That is correct. Thank you, Mr. Speaker one more question for the gentleman from Kembla. Does the gentleman yield again? I do.

Thank you representative Szoka, the question is it the intent of this bill that in no way shape or form does it permit the recovery of attorney's fees. That's correct.  Thank you sir. The voting is on senate bill 679 House Committee substitute as amended. All those in favor of the bill will vote aye, all those opposed will vote no, the clerk will open the machine. The clerk will lock the machine and the cote is 99 in aye 5 no, the bill passes as amended. The bill will be engrossed and sent I obviously didn't pass speaker training. The vote, the bill passes on second reading and without objection will be read a third time. The general assembly of North Carolinian enacts. I know. Further discussion, further debate, all those in favor of the bill please vote aye, opposed. All those in favor of the bill please say aye. Aye. All those opposed please say no. In the opinion of the chair the ayes have it. The bill was passed, it will be engrossed and sent to the senate. Thank you. Representative McGrady you made that look easy. For what purpose does the gentleman from Wake Representative Penington[sp?] rise? Mr. Speaker I'd like to be recorded on 678 as an affirmative gentleman will be recorded as having voted aye. Senate Bill 678 on third reading. For what purpose does the gentleman from Beckham[sp?] Representative Hager rise? Thank you Mr Speaker. On the Szoka amendment on 678 I'd like to rerecord his vote in aye. The gentleman will be so recorded as voting aye on the amendment. The gentleman from Wake Pate to proceed on Senate Bill, I'll strike that the gentleman from Onslow laid to proceed on Senate Bill 22. Senate Bill 22 the clerk will read. Senators Soucek, Tucker and Jay Davis, Senate Bill 22 entitle an act to ensure respective treatment of the American flag and the North Carolina flag and the state agencies in other political subdivisions of the state and to establish a division of veterans affairs as a throwing[sp?] for disposal of worn, tattered[sp?] or to provide the protection of monuments and memorials commemorating events to persons and military services in North Carolina's history transfer custody to the certain historic documents and possessions of the office of Secretary of State through the Department of Cultural Resources and to facilitate the public opportunity to view those documents, general assembly of North Carolinian act. The gentleman from Onslow representative Cleveland is recognized to debate the bill. Thank you Mr. Speaker, senate bill 22 will establish the state wide policy in handling display storage and retirement of the United States and North Carolina flags by state agencies and other political subdivisions of the state. It will require the [xx] affairs to establish a flag program and provide for protection of certain monument and public property by prohibiting their permanent removal and limiting the circumstances under which they may be relocated and will require the secretary of state to transfer the historical additions of the state constitution and certain other documents to the department of culture resources and require the department of culture resources in 06 to arrange programs and public as a North Carolina in United States constitution in the amendments and related documents. Senate bill 22 pass he senate in April 48 nothing vote, I'll appreciate your vote. For what purpose does the gentleman fro Camblin representative Glazier rise? To move adoption of the amendment Mr. Speaker. The member is recognized to sent forth an amendment the clerk will read. Representative Glazier moves to amend the bill on page three line 20 to 21 by inciting the following new substitutes between the lines. The gentleman from Camblin has the floor to debate the amendment.

Thank you very Mr. Speaker and there are certainly issues to discuss on the bill, one of the issues deals with the issue of an extra ordinary circumstance where local government or local control folks think there's a real issue about the need to either remove or otherwise deal with a monument or memorial one of the arguments that is out there about the bill is that it doesn't provide for exceptional circumstances I took a look at the other sovereign states that have passed this bill and all of them have a waiver provision similar to this language, and what the waiver provision is setup to do is in an extraordinary case a petition can be made in writing and state the reasons why a waiver from the nonmovable portion of 3B is sought, and the condition to grant that petition by a majority vote in setting any conditions instructions to be done. I've learned passed Representative Cleveland earlier, passed Representative Stam, I think there is a the agreement on it is based on the law in South Carolina, based on the law in Tennessee and I think it's resolved some of the disputes that might otherwise exist under the law in a very reasonable way and would urge adoption. Thank you Mr Speaker. For what purpose does the gentleman from Onslow, Representative Cleveland rise? To speak on the amendment. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker. I think the amendment adds to the bill, and help the local folk to decide and give them a voice in what its going to be done with monuments and whatnot, so I solicit your support. For what purpose does the gentleman from Cumberland, Representative Floyd rise? Does the gentleman just wish to be recognized for his amendment input? OK. For what purpose does the gentleman from Durham, Representative Michaux rise? To ask Representative Glazier a question.  Does the gentleman from anyone yield to the gentleman from Durham? Yes Mr. Speaker. He yields. Representative Glazier, as I read this amendment, what it does it allows a city or local government to seek permission to move any statue or memorial that they may have under their control on their own property. Am I correct on that? In part yes, and it allows that entity to seek that, but it has to be a petition in writing, it has to the reasons use it with the commission to make the final decision and the commission can set up any requirements about that including instructions about what they may do. And again as I said representative it's based on exactly the waver almost exactly the waver language exists in South Carolina, Tennessee and the other southern states which eludes me now that has adopted this same bill. Does the gentleman wish to ask an additional question? Yes. And does the gentleman from Cumberland yield to an additional question? Yes Mr. Speaker. He yields. So basically what you're telling us is that what this bill does it takes local control away from handling their property, on their own property, in their own locality in order to do anything with anything on their own property, their own memorabilia or wherever they've got to get permission from this Historical Commission to do it? Well, it's my view that the bill does that with objects of remembrance as you have suggested, which is a concern, and this is an attempt to ameliorate part of that by giving some control back in the sense that it still goes through the Commission. They have a process in which they can, as Representative Cleveland accurately said be heard, and hopefully resolve disputes and controversies that way. So I think it ameliorates the Provision, it doesn't totally eliminate your concern, but it's I think better than exists under the bill. the gentlemen from Durum has the forward to debate the amendment. Always have hate to take issues with my good friend the representative of Pleasure but the bill itself gives me a great deal of heartburn simply because you're taking local control over what's in that particular city or county with the statute or memorial and dates have erected on their own property has no state's significant or what not, you cannot do that unless they have to move it. For instance, there is statute based on public property in that city or county, it does have anything to do with the state having any control over that statute somebody put there gave it to the city or county and something happens to the property that it's on, the city is going to going to get permission on my understanding, to move it from somebody else on their own property, takes it away from them entirely and completely the wireless amendment may alleviate some of

that, it doesn't take it away totally and completely. So anything that just doesn't take totally and completely I wont be apposed on. For what purpose does the gentleman from Craven rise? To speak on the amendment. Gentleman has the floor to debate the amendment. Okay, as I understand it and as I read this bill, the bill refers to state-owned monuments and memorials it doesn't refer to county-owned or city-owned or anything else so the state needs to have the last word on this monuments not the counties not the cities it doesn't matter if it's a state owned monument and it's on municipal property or it's on county property the state still owns the monument. Either real problem with this amendment and turning any of it over to the counties or the cities if it's state property and again this bill address the state property it's not addressing city or county owned memorials. Mr. Speaker. For what purpose does the gentleman from Durham yield? I'd like to ask the gentleman a question. Does the gentleman from Craven yield to the gentleman from Durham? I yield. He yields. Representative Speciale, in the bill itself it refers to an entity exercising control over an object of remembrance. It doesn't specify from where that objection of remembrance existed or it came from. In the beginning of the bill it refers to State Property. At the amendment it talks about an object of remembrance. Does the gentleman from Durham wish to ask an additional question?  Yes. Does the gentleman from Craven yield to an additional question? No, I don't yield. I'd like to continue what I was saying. The gentleman does not yield, the gentleman has the floor to continue his debate on the amendment. OK, you're addressing county property in the amendment or city property in the amendment, and the fact is that the bill addresses State property not county any city property, we need to vote this amendment down. For what purpose does the gentleman from Wake, Representative Pendleton rise? I rise to speak on this. The gentleman has the floor to debate the amendment. If you will refer in the bill to Section 100-2.1, it talks about this amendment is not needed because it says in the bill that you can appeal to the North Carolinian Historical Commission, and by the way, as of today the North Carolina Historical Commission has 16 total members. They are all appointed by the Governor, and there are still appointees on there from Governor Easley and Governor Purdue. They have the majority of the members on that board, and so this amendment is not needed. For what purpose does the gentleman from Rutherford, Representative Hager rise? Speak on the amendment. The gentleman has the floor to debate the amendment. thank you Mr. Speaker. I think that representative [xx] brings up a great point in this, there's a lot of, and excuse me representative [xx] what I say I have to give my good friend Representative Jordan a hard time there's a little bit of lawyers speaking, it talked about control I'm not sure what another [xx] would have control or was that mean, is it on their property, do they own it and it didn't talk about what other conditions they would be able to move it I think for me there's a little bit too much ambiguity in this amendment for me to vote for it, so I would ask my members of the Republican to vote no on this one. For what purpose does the gentleman from Wake representative Stam rise? To speak on the amendment. The gentleman has the floor to debate the amendment. I'd ask you to devote for it it's me just playing common sense that if have both the local area wants an exceptional from subsection B and historical commissionitself wants to grant that exception, why not? For what purpose does the gentleman for Mecklenburg representative Alexander rise? To speak on the amendment. The gentleman has the floor to debate the amendment. I'm going have to agree with my friend and colleague representative Stan that this is a good amendment, it makes good sense. We have a couple of interesting situations in Mecklenburg county that without this amendment couldn't easily be resolved. In the first place we've got a monument that was defaced and has been removed form its original location and it's in a warehouse.

The local government just moved it because there's some difficulty in cleaning up defaced monument. At least this creates a state wide methodology whereby the historical commission would know what happened and I will hope you would approve an appropriate moving for cleaning management. We've got another situation where there is a monument that was erected in 1929 in a site right now that's pretty obscure but what the monument says is offensive to a number of people. It has four confederate flags on each hindered, the monument is about the size of a tombstone which is probably appropriate, and it has a chiseled on it, some white supremacist language that may have been appropriate in somebody's mind in the beginning of that century but obviously it's not now and the carter commission is currently debating what it should do with that monument this creates a clip off that depending upon what they in there deciding in there to be where should be going in order for them to have a clearance to do whatever needs to be done with that particular piece of granite there in that obscure location. It's a good amendment, I hope you will vote for it. I plan to. For what purpose does the gentleman from Gaston representative Torbet rise? Mr. Speaker I just wanted to point out that The gentleman is recognized to debate the amendment. Thank you so much. This bill passed the senate I believe by a vote of 48 to zero and unless I am wrong I think it voted passed the vote of 48 to zero and I understand if you say three I understands it. It passes Senate by a vote of 48:0 without amendment. Thank you Mr. Speaker. For what purpose does the gentleman from Cabarrus, Representative Pittman rise? To ask Representative Stam a question. Does the gentleman from Wake yield to the gentleman from Cabarrus? I do. He yields. Representative Stam is it not true in North Carolina that city and counties were considered divisions of the state, you might say agencies of state? Subdivisions of the state. Subdivisions, that's correct word Does the gentleman wish to ask an additional question? I do. And does the gentleman from Wake yield to an additional question? I do. He yields. If an object belongs to the state, but happens to be on city or county property not with the city and county being a subdivision of state not mean that they wouldn't need permission from the state to do something else with it? The amendment requires that, this is because the city seeks a waiver doesn't mean a waiver happens. According to the amendment the state as local commissions still has to give the waiver. I don't understand the objection. Follow up. Does the gentleman from Wake yield to an additional question? I do. He yields. would they not be able to seek a waiver under the existing bill without having this amendment? I don't think he can seek a waiver from subsection B, and if it's there show it to me. That this has allowed a waiver from subsection B. Thank you Mr. Speaker. For what purpose does the gentleman from Cabarrus, Representative Pittman rise? I want to state that I did not see the need for this and ask folks to vote no, thank you. For what purpose does the gentleman from Cleveland, Representative Speciale rise? Speak a second time on the amendment. The gentleman has the floor to debate the amendment in the second time? If you look on the bill, on page three, on line harry let me move on line 40. Except this otherwise provided in subsection b in this section in monument memorial or work of act owned by the State may not be removed, relocated or altered in any without the approval of the North Carolina historical commission. I don't believe this bill gives them the authority even the commission to remove a monument I don't believe it gives information to actually remove

the monument, I think the final word is still with the General Assembly it doesn't make any sense to give a waiver to a local, to the county or to the city, it defeats the whole purpose of the bill and the whole purpose of the bill okay as I see it, is to keep flames of passion from overriding common sense we do get in positions, we get in positions sometimes where local people get well they let the flames of passion overcome them and they want to get things done we're supposed to be the reasonable body up here that says that over looks this, that overcomes that and makes the right decision especially again when it's state property that's all this is doing so if you pass this amendment what you are doing you just basically gutting the bill so I'd ask you to vote No. Further discussion further debate is not the question for the house, is adoption of the amendment one sent forth by Representative Glazier those in favor will vote aye those opposed will vote no the court will about the corp[sp?] will lock the machine and record the vote 46 having vote in the affirmative 59 to the negative the amendment is not adopted. For what purpose does the gentleman from Cambling[sp?] Representative I don't see Representative Floyd on the floor, oh there he is okay. For what purpose does the gentleman from Carmand[sp?] representative, you can't hide in your seat Representative Floyd what purpose does the gentleman from Cumberland rise? I'm sorry Mr. Speaker, I apologize, to send forth an amendment. Chairman recognize to send forth an amendment, The clerk will read. Representative Floyd moves to amend the bill on page two line 46 by inserting the following sentence after the period. The gentleman from Cumberland has the floor to debate the amendment. Mr. Speaker, this amendment just deal with the [xx] may it be county or city. Well, first of all, let me say that that prior to sending this amendment, I contacted Pearce to determine who is going to run the bill tonight. So, I sent the amendment to Representative Camilton, not knowing that Representative Cleveland was one of the amendment. So I apologize for that, so he may not have received a copy of that because that I did not know. But nevertheless, the amendment addresses county of municipal owned statutes. Does not deal anything with state, it simply deals with those statutes that city and county have elected and the only way that could be done is to public alone, is that whichever way the county or city looks at it may have a historical commission of a hot council, doesn't make any difference but through dialogue may be electronically pointed of whatever method is that, that is the only way that it can be addressed and can be removed, it allows the county and cities to reduce statute that has [xx] against certain preparations only through public dialogue. That's all that it does, that I don't address anything at the state level is simply those local statutes. For what purpose does the gentleman from Onslow representative Celeveland rise? To speak on the amendment. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker. I don't see whether this amendment does anything that will benefit the bill, municipalities and cities are subsections or subdivisions of the state and the state can play with their property if they feel like it, so I'd ask you to vote red on this amendment. For what purpose does the gentleman from Representative Davis rise? Mr. Speaker can I please be recorded as voting no on the Glazier amendment? The gentleman will be recorded as having voted no on the amendment. For what purpose does the gentleman from Kabalesh Representative Pitman rise? To speak on the amendment. The gentleman has the floor to debate the amendment. Thank you Sir, with all due respect Representative Floyd who I do respect and whom I appreciate, the amendment actually does not specify county or city owned objects. It says if they're owned county or city property, so still be talking about a State-owned object, this on property. If it specified an object owned by the city or the county, I would be probably a to the amendment, but since it does not specify that and can also apply to State-owned objects, I would encourage people to vote no on this amendment, thank you. For what purpose does the gentleman from Cumberland, Representative Glazier rise? To debate the amendment, Mr. Speaker. The gentleman has the floor to debate the amendment. Thank you, although I believe

that the Waiver Provision that was earlier would have ameliorated an awful lot of the concerns we have, we're past that point, and now what it is clear to me is that our view, and I believe the staff's view and I believe risen view of the bill is very different than the majority's perception of what they're passing. There is no question at all that this bill not only includes State's monuments, but it includes local as a political sub-division of the State. That may not be the intent, but it seems very clear that was the intent of the bill coming over from the Senate, and it seems equally clear that that's what this does, and so no one should make any mistake except that if we pass this bill, if an object of remembrance exists in the State under the definition whether it is one put up by a local city, a county or a sanitation district or anyone else, it is covered under this bill. The Waiver Provision was an attempt to create some ability to get around that where needed under an extraordinary case that no longer exists, so we are essentially eliminating without this amendment local control over designated objects of remembrance created may be authored by the city or county. They have up-kept them for years we now are telling them, But they don't have the ability to decide whether they stay or not, which no makes no sense to me at all. This Body has become for lack of a better term, schizophrenic about local control. Just last week we passed, and I voted for the majority's bill on protest petitions to eliminate them saying that we'd rather trust majority votes a varsity councils then singular one or two people coming in against that, and I believe that to be an incorrect interpretation[sp?] and voted for that. Now we're turning around and saying that city or county that erected the monument the object of remembrance is incapable of deciding whether it stays or goes, and we've taken away by defeating the waiver amendment anyway around that. And so there's no any other way to read section 3B what Floyd's amendment is trying to do is to take the locality, the local decision back to the locals as to local objects of remembrance I agree with representative Specialy[sp?] and representative Cleveland and the majority on the stake control of state monuments but that's not what this bill does it goes way beyond that and so I support representative Floyd's amendment which might or might not have been needed had we done the waiver but certainly is needed now and I would urge the body to do so. For what purpose does the gentleman from Craven Representative Speciale rise? For what purpose does the gentleman from Campbell Representative Floyd rise? To debate the amendment a second time Mr. Speaker. The gentlemen has the floor to debate the amendment the second time. Mr. Speaker what this amendment do is very simple not complex it's simply dealing with those monument in which a local municipality E read[sp?] nothing else, is allow them to public dialogue where they you feel that the community want to discuss that and if the community decide that it is appropriate to remove it or not to move it. The way public discussion, I think the public local municipality should have the right to do that. Further discussion, further debate. If not the question before the house is the adaption of amendment 2 offered by Representative Floyd, those in favor will vote aye, those oppose will vote no, the clerk will open the vote. The clerk will lock the machine to record the vote, 40 having voted in the affirmative and 64 in the negative, the amendment fails. We are now back on the bill, for what purpose does the gentleman from Buncombe Representative Turner rise? To send forth an amendment. The gentleman is chair in position of an amendment the gentleman is recognized to send forth an amendment the clerk will read. Representative Torbet moves to amend the bill on page 1 lines 2 through 11 by rewriting those lines to read. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker. We had this bill on committee last week and when we finished, something just kind of bothering me in the back of my head and it was something that my seat mate Representative Bradcok had brought up during that committee, which is sort of eat away out of me over the weekend, and what I couldn't figure out was why we were changing this. Little over 100 years ago this body put the historical commission in place, and in doing so

made them basically the trustees of our historical assets, and what I couldn't understand was why we were now taking away their ability, their authority, to manage those assets. So currently as it stands the commission has the ability to approve monuments, plucks, memorials, object remembrance, but if this bill passes they will no longer have that ability to remove them or move them permanently. Now I spoke to some folks in the staff and I spoke to other colleagues and try to come up with example any other example where this body has granted authority for a commission or something to do something but has not granted them the authority to undo what they do. So to my knowledge nothing like that really exists, so I try to think a little bit further about that and I thought well, maybe given the makeup of the commission, that's what giving some people some concern. According to the statutes the commission is made of 11 members all appointed by governor and so this body, the general house and the senate we don't have a say that goes on that commission so my amendment while long in words and I'll try and be brief in mind, my amendment does three things, one is it restores historical commissions authority to manage our states historical assets. Number two, and I think very importantly, it changes the makeup of that commission and allows the governor to appoint seven but then gives the house an each two appointees so that our voice can be heard on that commission. And thirdly, using the newly defined objects of remembrance which as the law says is a monument memorial pluck, statute, marker or display of a permanent character that commemorates an event, a person or military service that's a part of North Carolina's history. Obviously these items have significance in terms on North Carolina's history. And so the third part of this amendment we do is create that should any object like that be considered for removal that there will be public hearing. And that the public to be given the chance to come forward to voice their approval, just approval give those people a chance to be heard so that the historical commission can do their job as we ask them to do in 190 when we started the historical commission and they can make the most informed decision possible. So in brief summary it gives the power back to the historic commission, it gives us a voice as to who sits on that commission and it gives the people a voice, so that they can be a part of the process of how our State history is remembered I urge you to please support this amendment. For what purpose does the gentleman from Ansonia represent Crevlen rise? Speak under on the amendment. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker. Representative Turner is really trying to re-write the bill to have it do other than what the original bill writers and the sponsors of the bill intended for it to do. We don't need to re-write the historical commission we have to re-do that. It's been functioning fine through the years and I'm sure it'll continue to function fine going forward I don't think the idea of putting a public hearing in there for the removal or movement of a monument, would benefit anyone outside of passively causing more distress to some folks and glee to others so I would recommend that we vote right on this amendment. For what purpose does the gentlemen from Campbell Representative Lucas rise? To speak on the amendment. The gentleman is recognized to debate the amendment. Thank you Mr. Speaker. Certainly the historical commissioner has done a commendable job. And it's really made up of members that have been appointed by the governors, several governors, and I'm sure that they've done wonderful job with that. But we do have three branches of government in the state and since they've done a wonderful job, how much better job could they do if we had members appointed from each of the three branches.

I think that they would be better in a better position to do their jobs with nominations appointments from each of the branches, and so I urge passage of the amendment. Further discussion further debate? If not, question before the house is the adoption of amendment three offered by Representative Harder, those in favor will vote aye those oppose will vote no the clerk will open the vote. Representative McGrady does the gentleman wish to record? The clerk will lock the machine and record the vote. 39 having voted on the affirmative and 67 in the negative amendment is not adopted. We're now back on the bill, further discussion further debate. For what purpose does the gentleman from Cumberland Representative Glazier rise? To debate the bill bill Mr. Speaker. The The gentleman has the floor to debate the bill. Thank you Mr. Speaker, I'm disappointing that amendments did not pass because I think it could agree with a different bill, I would say that again I believe the intent of the bill coming over from the senate was pretty clear although I think the language is less so, and that is to as to both state or local objects of remembrance, to make it clear that the state is now in full control of any removal or relocation of those. I think that there arr a number of problems in the bill and I think they're going to come home to roost very quickly I suspect that only lawyers are appointed maybe this is the point I agree with representative Hager about, I think only lawyers are going to enjoying this bill because they're going to get real employment of it. If anyone could really define what the definition of object of remembrance means in terms of whats a part of north Carolina History and what's not I'm not a great lawyer but I can make an argument for lots of things that others might not about what a part of North Carolina history is and what can come under it and I think there will be vast differences about what that that means. Secondly, certain states that have passed this bill look similar South Carolina, Tennessee, and Mississippi have all had a much narrower definition, all of them had had a much narrower definition of what's allowed both to be protected or not protected under the bill, and they have talked about this as it relates to specific and certain military conflicts. Whether we want to go there or not, we've not only gone there we've gone way past there. Georgia hasn't done that, Alabama hasn't even passed the bill. If you look at the Southern state's that have sort of considered this I don't know if people have done the history on it, but the state had passed it have passed a  much narrower a bill as I indicated they had waiver provisions in the bill and some states have not to pass the bill and there's reason for all of that and I'd say it a minimum tonight have ill-timed our vote on this bill and somewhat say we may be toned off in passing this bill if we don't look at some of these corrections. It's not to say at all that this bill was a bad bill when it started and what's intent was in January or February or March, circumstances were different, but circumstances have changed and I think we are wrong to be passing this bill without knowing what we are passing and I think we don't as evidenced to me and the debate tonight and Number two I think we are wrong to pass this bill without understanding what it encompasses. There's no comprehensive inventory of monuments with objects of remembrance in the state except for a limited amount that archives in history has of state highway markers. There is an ongoing project at a UNC docked south attempting to get an inventory commemorate of markers, we've no idea how many things we are taking under control here, there is a civil war monument database which exists but as I suggested our bill isn't like Tennessee's, or South Carolina's, or it goes way beyond all that, and I would argue that we do not know how far this bill is going. There have been arguments made that is doesn't include political subdivisions of the state and it clearly does. There're arguments that have been made that there's no necessity for a waiver but I think you're going to hear very quickly in controversies that erupt locally that there would be and it's state historic commission or the historic commission would be the place to do it and so I hope we'll reconsider and rethink this through over night on third being tomorrow and perhaps have a slightly different debate. I think there're ways to improve the bill and representative Cleveland I really appreciate his cooperation in trying to deal with the waiver provision which I think would have resolved some things, but because none of the amendments passed because I think this

bill is far comprehensive than the majority suggests, because I think it has real legal implications and because I think it has very strong current event implications. I'm going to vote NO on this bill. For what purpose does the gentleman from Camberan representative Lucas rise? To speak on on the bill. The gentleman has the floor to debate the bill. Thank you Mr. Speaker. Ladies and gentlemen the arena of historic philosophy legislation that unites us is much more preferable to legislation that divides us. Many in this chamber, and yes even in this state, we relish on memories of monuments and relatives of the past, and certainly that's our right to do so, but I will submit to you that the same monuments and relics invoke and sustain bitter memories and pain to many ethnic groups, and so I suggested it to you that has the propensity divide us. We recite the pledge every day. One nation under God, indivisible. What a beautiful pledge. I want us to sustain that philosophy in light of the terroristic actions of 911 in Boston and [xx] I sincerely urge us to pass legislation that unites us, that underscores that pledge because after all we are one nation, we are one North Carolina, we shouldn't be divided. We should be united. Section three has the propensity to divide us that's no question about this sections one and two we [xx] I wished that we could get all get on one accord in section three and since we have it I would have to vote no I don't want us to be divided let's sincerely consider the united North Carolina, thank you Mr. Speaker For purpose that the lady gently lady from [xx] rise? To debate the bill Mr. Speaker. Lady has the floor to debate the bill. Thank you very kindly. I had made up my mind that I would not speak about this bill but it does resonate for me in a very personal manner and I would hope you'd listen just for a second to make you understand a bit about why I say these. There is in Foreside[sp?] County a monument that stands before the Forthsy county government building that was erected in 2009 with a united community coming together to ensure that a sculpture and the money to be able to erect this would be placed in front of the government center. It stands there proudly with a brick in his hand, it's the statue of my grandfather, George Black, who walked to Forthsy County in the year 1889 with his brother and his father, who was a freed slave, just to find a better life. Some years later with a lot of charter in the community we were able to commission Public Act at a Walmart that was welcomed, that welcomed the idea of the pioneers in the county where we live being on display where people would go and come as they shopped at Walmart. Walmart was gracious in providing money for that. We obviously were able to get artists and artisans and our community collected and paid for them to create this act and there again is a portrait of the master brick maker in Forsyth County who made and

helped to build many of the structures that are still standing in Winston Salem of North Carolina. So I say all that to you to simply say this, I don't know what needs to be fixed about this bill, but I don't want to be in support, I will not be in support of anything that allows the possibility of the legacy of this one North Carolinian who only wanted to take what he found which was red clay and dirt, mix with sand and water to help create the building of a city, so I wish to be on record saying to you that these monuments of the North Carolina historic commission has done a fabulous and I think they should be allowed to continue to do that without interruption, Thank you very much for allowing me to speak. For what purpose does the gentleman form Mecklenburg representative Alexander rise? To speak on the bill. The gentleman has the floor to debate the bill. Sometimes we act without thinking about the context of our actions, and I'll urge you members to pause and just think about the optics of this bill as it relates to where we, right now and what's going on in North Carolina and in America. This evening [xx] Mecklenburg they have been seminaries and meetings to try to bring the community together around a trial that's the Jewish election has already commenced and many believe has the potential of tearing the community apart if the wrong kind of verdict comes out in his trial. We've already had discussions about monuments, about confederate flags and all of this is to see that we are a drift in. That this bill have started out as some months ago before these C-changes[sp?] as one thing, but you You can't ignore what's going on in the world. Objects of remembrance, in many communities in North Carolina is going to be translated not into Revolutionary War statuary, or Spanish American War statuary, or World War I and World War II statuary, or Vietnam era statuary. It's going to be translated into Confederate statuary. It's going to be translated into a re-fighting of the Civil War. And we aren't talking about statues of Abraham Lincoln. We aren't even talking about statues of Jeff Davis. We're talking about statues that invoke passion, and that Good passion that get folk angry at each other, and if in the midst of all of these, we adopt a piece of legislation that says, An object of remembrance can't be moved, can't be changed, that we cannot take into consideration, where we're today, and if that object regardless of how offensive it is, to how many people, has to sit wherever it is forever, that makes no sense. In a good conscience I can't vote for this measure and I urge you not to vote for this measure. This might be something that might be better if it comes up in the short session or in the next long session, but right now it's the wrong piece of legislation. It's going to send the wrong message out there and we can put a stop to that by voting against it tonight. For what purpose does the gentleman

from Onslow, Representative Cleveland rise? To speak on the bill. The gentleman has the floor to debate the bill. Thank you, Mr. Speaker. it was mentioned earlier that we don't even have an inventory at the monuments in the state, we might not have more but the department of culture resources at least knows where 525 of them are, and that's probably lionshare of them, I think the bill is designed to make sure that folks who did things in the past whether we view them as right or wrong today their honor is protected. A civil war hero deserves the same consideration as a World War 1 hero or World War 2 hero and I think in many cases folks would like to see those memorials to these people from our past go away. I don't think that's the right thing to do for our history and I do not think it is the right thing to do for the state of North Carolina. You may not like what you're looking at, you may not agree with what you're looking at but in our country, the right [xx] to be there exist and if we want to take that away, we're starting place I don't think we really want to go. Getting rid of bad memories is not the way to solve bad situations remembering and working towards better outcomes, is the much preferred method I would believe. Please vote for the bill. For what purpose does the gentleman from Guilford representating Brockman rise? To speak on the bill. The gentleman has the floor to debate the bill. I wasn't going to speak on the bill I was just going to vote until the last comments, and the comments were that those in the confederacy who fought for the South deserve just as much respect as those who fought World War one and World war two and Vietnam and all those other wars and I state to say they don't, they were on the wrong side of history, the fought for the wrong side, they were traitors to this country and they don't deserve the same respect in my opinion and a lot of people's opinion as those who fought in other wars and they don't have my respect and I don't see why this body is in such Mr. Speaker. For what purpose does the gentleman from Wayne representing Bell rise? Pulling the wool on us, the gentleman's remark was disrespectful, please have him retain the remark to the the bill. The Chair would ask the gentleman to please the comments to the material of the bill. I will I'll just be finishing I apologize if it does I send folks in here because defending the confederacy and any confederate flags or confederate monuments [xx] The gentlemen. Mr. Speaker? Just a moment. Representative Brockman, this bill is not about confederate flags, the gentleman will contain his remarks to the content of the bill or the gentleman's time will be taken by the chair. I'm sorry, I meant to say confederate monuments. Defeating confederate monuments in my opinion is not something that we should do and it's something that it's offensive to me and it's offensive to a lot other people. Thank you. For what purpose does the gentleman from Cumberland, Representative Lucas rise? To see if representative Cleveland would yield for a question or two. Does the gentleman from Onslow yield to the gentleman from Cumberland. I yield. He yields. Thank you Representative Cleveland and I have high respect in regard for your position and I just wanted to ask you a question but sure I wrote this right. These monuments, and relics that we are attempting to give on to and honoured to and certainly we oat to do that, would you say that they were established by a group maybe, perhaps a legislator or as someone who really didn't consider the whole society, is that a fair question with you? I always think that's a fair question, [xx] is that your question? Yes sir.

That your question is what you're saying is probably true, and in the time that our history in this country their were folks that had those ideas and those feelings, I will point out that the United States congress and signed by a president years ago, about 1900, 1901 or 1902 made confederate veterans brought them into the full, [xx] with all right and privileges of any veterans in this country? Yes sir. Another question? Does the gentleman from Onslaw yield to the additional question? He yields. Do you feel that there was any attempt to recognize Myters of the underground rail-road that's an example to be commemorated in such status.   I honestly can't answer that question, I really don't know. Thank you Mr. Speaker, to speak a second time. The gentleman from [xx] is recognized to debate the bill second time. Thank you. I would submit to you that those who really pass legislation to erect many of the relics and monuments that some folk feel are [xx] to their dignity would not have considered the other side of the [xx] the example of folk who endured atrocities during that era, or during whichever era we're considering. Probably today would be considered [xx] for such monuments, but we have non. In that era, the folk who who were aggrieved were not in any position of power to erect any kind of monument, and so the play and fair, the play and field that's somewhat uneven and there's nothing we can do about, that's history, we understand that. And this is why I feel so strongly that monuments and relics of this nature belong in archives, that's the place for them as Representative Cleveland so adequately alluded. Yes, they belong there. But do they belong in a position of status for the entire State? That's a question I'd like for us to answer with our own conscience, thank you. For what purpose does the gentleman from Cumberland, Representative Floyd rise? To debate the bill, Mr. Speaker. The gentleman has the floor to debate the bill. Mr. Speaker, as North Carolina moves further into the year 16, 17, 18, 19 and 20th year, and as my grandson begins to look at how history is recorded and his generation, as they see things totally different than how we see things here in North Carolina, we are handicapping them from making decisions about local level, when that they can decide among themselves this younger generation, about things that they think that's a fence sit to their relationship. Now we're stripping that authority for years to come, and handicapping them for sitting down with their peers of equal, and discussing things that may have adverse effect on them. We're not talking about it at the state level, we're simply talking about at the local level. When you do this you're handicapping our future generation to have a dialogue on subjects of this importance. Thank you Mr. Speaker. Further discussion for the debate, if not the question for the House is the passage of Senate bill 22 on its second reading. Those in favor will vote aye, those who oppose will vote no, the clerk will open the vote. Representative Pemilton, representative Warren, does the gentleman wish to record on this vote? Corporal[sp?] rock machine record the vote 70 having voted in the affirmative and 37 in the negative senate bill 227 passes it's second reading and will without objection. Objection. Objection having been heard the bill will remain on the counter for a third reading tomorrow, members

I would ask our pages to just come forward as they are the chair is going to appoint the following conferees Senate bill 336 the short title was an act to mean that all governing estate planning fradushia extra. The Chair appoints the following conferees, Representative Stam, chair members Representative Lina Turner, Representative Leeves, Representative Jordan Leeves, the Senate will be so notified. What purpose does the gentleman from [xx] Representative Floyd rise? Pages in just a second the the clerk is going to call your name, your county and who your sponsor is, I just want to say before he does that the house please come to order we just saying that we're glad to have you here this evening you've seen we've had a pretty lengthy session this evening a lot of spirited debate and hope you had an opportunity to observe that and also to make friends quickly at this point we hope you are going to have a great week with us and with that being so we ask the court to introduce the pages and when he does please step forward so that the members will be able to recognize you. The house will come to order. [xx] Jacob Ensor, Orange county, sponsor representative Fisher, [xx] Wake county, sponsor representative Queen, Isabella Dison, Mecklenburg county sponsor Speaker Moul[sp?] Sophia Ferrera[sp?] Haywood county, sponsor representative Clint, John Jackson, Camblin county, sponsor representative Brody, Caroline Johnston County, sponsor Speaker Moore, Angel Karafus[sp?] Johnston County, sponsor Speaker Moore. George Karafus[sp?] Johnston County sponsor speaker Moore. Hope Kim, Orange County, sponsor Representative Insko. Inslow[sp?] Rogan, Mecklenburg County sponsor Representative Yarborough. Lowry Ohea[sp?] Catawba County, sponsor Representative Adams. Noah Sharp, Davidson County sponsor Representative Brown. Olivia Sharp, Davidson County, sponsor Representative Brown. Jimmy [xx], Orange County, sponsor Representative Queen. Haley Toddrun[sp?] Johnston County, sponsor Representative Szoka. Sarah Tran, Rowan County, sponsor Representative Warren. Charleren[sp?] Dike Wake County, sponsor Speaker Moore. Maggie waver County sponsor Representative Brown, Hayle Kalp, Wake County sponsor Representative Alvero, Lilian Josephson, Johnston County, sponsor Representative Daltry. Pages again we want to welcome you, I'd ask my colleagues to enjoin me and officially welcoming our Pages with us this week. Thanks for your service you are all excused for the For what purpose does the gentleman from Robinson Rep. Gram rise? Point of personal privilege Mr. Speaker.  The gentleman is recognized to speak to a point of personal privilege. Thank you Mr. Speaker. I just wanted to say to the body and to the members last week I lost best friend I've ever had my mother and I just wanted to stand and thank you for your words of suppport cards, letters, emails, words of encouragement, prayers, phone calls I know she is in a better place I thank you for your support. Thank you Mr. Speaker. For what purpose does the gentleman from New Hanover, Representative Catlin rise? For an announcement and then a point of personal privilege. The gentleman is recognized for an announcement then a point of personal privilege. The House Committee on Environment will meet tomorrow in 643 at 10 o'clock to have a public hearing on the read reform bill that has come over from the Senate, so I encourage you to be there, it will be a great way to learn what's going on. Then on a point of personal privilege, it's a sad memory but the plan that has gone around the sign one time since Jim Fulghum left us. So just at our honor to Jim I think that we should all remember him and pray for his family. For what purpose does the gentleman from Haywood, Representative Queen rise? For point of personal privilege.

The gentleman is recognized to speak to a point of personal privilege. Again arise just to bring a memory of a local government official, Ron [xx] our mayor of Maggie Valley was killed at end of last week in an accident on a construction site he was a contractor and I will be going to his memorial service tomorrow so I won't be here, but I would just like us to consider if we could adjourning in Mayor D. C. Mones honour, if that's a possibility, he was a wonderful public service servant and I tragically early in life and I would just like us to remember such people in our local communities who do so much. On a more positive note, I'd like to invite all of you to Western North Carolina this weekend when we get out of here to join us in Fremont USA on North Carolina's official International Festival, it's well underway, it will be in Henderson county on Wednesday, it will be in Macon county on Sunday, it's in four five other counties that was in [xx] earlier this week, we go from Franklin all the way to [xx] in nine counties over the next several days, so come to Western North Carolina, one of the special things that invites you to is a square dance in front of the court house in Hayward county. I would call it it's out [xx] addition, we'll have the Chilean dance team to open up the street dance, learn some dances from Chile and then we will go in to our [xx] big round later in the evening. So if you want to have a fun time come to Western North Carolina and visit [xx] USA. Thank you. For what purpose does the gentleman from Henderson representative McGrady rise? Inquiry Mr. Chair. The gentleman may state as inquiry. I'm I correct in understanding that tomorrow's session will be at noon. Yes and if the house will come to order the chair is going to give some indication of what this week's schedule will be like. Tomorrow's session at noon, Wednesday session will be at 1.00 P. M, the committees do not have a great deal of bills before them right now, so what we've done is try to move the session time up to accommodate schedules better. So those will be the times and at this point appears will be a non-voting session at this point as well. It appears that we will have completed the bills that as [xx] we need to get down this week by Wednesday session. Mr. Speaker. For what additional purpose does the gentleman rise? Notice and an announcement. The gentleman has the floor for an announcement. We had noticed the subcommittee of the judiciary to handling the employee mis-classification bill for one O'clock, I'm not going to another notice on that, if we may be able to make the one o'clock but if not, it'll be 15 minutes immediately after session, same room. Thank you Mr. Speaker. For what purpose does the gentleman from Wake, Representative Dollar rise? For an announcement. The gentleman has the floor for an announcement. I'm going to do this a day early, I'll also do reminder tomorrow, that we will meet with the full Appropriations Committee on Wednesday morning, full Appropriations on Wednesday morning at 8:30 in 643, and I would also invite any members of the Finance committee I don't believe Finance is meeting that morning, any members of the Finance Committee particularly those who maybe on the Budget Conference Committee they want to attend this meeting we will be taking up one bill for the full committee but we will also be talking about everal aspects of the budget, and we've got some presentations to provide for committee members and any other members who wish to attend, so that will be Wednesday morning at 8.30. For what purpose does the gentleman from Cumberland, representative Floyd rise? A moment of personal privilege Mr. Speaker. The gentleman is recognized to speak to a point of personal privilege. Mr. Speaker, I cannot speak for the 118 of the members, but thank you for the schedule. You're welcome. For purpose does the gentlemen from Gaston representative Torbett arise? For an announcement of brief moment Mr. Speaker. First off you'd probably have

received a corrected email stating the Transportation Committee will meet tomorrow not at 12 but at 15 minutes after the close of the sessions business. Transportation need more 15 minutes after session and for a moment of personal privilege. The gentlemen is recognized to speak to a point of personal privilege. Ladies and gentlemen, where were you 46 years ago today? Can you remember? I bet when I tell you probably can at least for those that are old enough to be have been here 46 years ago. 46 years ago, today and Neil Armstrong placed as first fluent[sp?] on the soul of the moon. Quite an accomplishment, quite a generation and it was in merely from pretty much the gate go of a space program in a very short nine year period, and the reason I say that it shows you what America can do when America puts it's mind to it. So the businesses in front of us, and let's just remember what Good O'Neill said who has departed one small step for man, one giant leap for mankind. The court is recognized for an announcement. House committee on procreation is transportation was made Tuesday July 21st of 8:30 A. M. In room 1228. Further notices in the house? but now the gentlemen from Harnett, representative Lewis, recognized for motion. Mr. Speaker, subject to the re-referral of bill resolutions and in honor and memory of Mayor Ron DeSimone of Maggie Valley, I move the house to now adjourn to reconvene Tuesday, July 21st at 12 o'clock noon. Representative Louis moves second of [xx] representative Queen that the house will now adjourn subject to the, therefore those resolutions in honor and memory of Mayor Randy Simone to convene on Tuesday, July 21st at 12 noon. Those in favor will say aye? Those opposed no? The ayes have it, we stand adjourned.