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House | September 16, 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. Would ask all members, and visitors to please silence all electronic devices, this afternoon's prayer will be offered by Representative Richardson, we'd ask all members, and all guests in the gallery to please stand for the prayer, and remain standing for the Pledge of Allegiance. Representative Richardson. Thank you, Psalms 51:10 says, Create in me a clean heart, Oh God, and renew a right spirit within me. Pray with me this afternoon, Oh Lord, my God how great is your holy name. Father I come before You today praying that the words that I say here will honor You, and then I'm a living witness to Your commandments. Oh God, I thank you for your wonderful grace, and mercy that you show me, and my fellow members every day of our life. Heavenly Father I thank you for the opportunity to serve with the members of this great chamber, and for the people at the great state of North Carolina. Dear God I ask that you keep me humble, and give me a discerning spirit so that my words, and my actions will be pleasing to you oh God. Father I ask all this in the mercy of the name of your son, and our savior Jesus Christ, Amen. 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 Hungary, representative Lewis is recognized for a motion. Mr. Speaker, the journal for Tuesday September 15th 2015 has been examined and found to be correct. I move to stand approved as written Representative Lewis moves that the journal for September 15th 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 resolution, the clerk will read [xx] to the Governor, House Bill 334, An Act to establish the office of Charter Schools located under the State Board of Education to modify the Charter School Advisory Board and to enhance the Charter School Application Process. Chapter bills will be noted. Calendar. House bill 44 I understand there's a motion on this bill Mr. Chairman what are you looking for a motion? Remove it from the calendar and [xx] Without objection the Chair is going to direct that house bill 354 be removed today's calendar, and be returned to the conference committee. objection hearing none so ordered. Senate bill 279 the clerk will read. Senate [xx] Senate Bill 279 of the art of the an act to ammend the [xx] to modify education qualifications for the [xx] of council and to require local board of education to address [xx] and awareness general assembly of North Carolina enacts. For what purpose the does the gentleman from Harnett representative Lewis rise? Further discussion, further debate. If not the question before the house is the passing of Senate Bill 279. Mr Speaker. If there is no debate, the Chair will withdraw the question. For what purpose does the lady from Buncombe representative Fisher rise. I will just. [xx] wish to debate the bill. I'll take a pause and let the bill sponsor talk about it first and then I will have an amendment shortly, thank you. I believe the chair has been informed that the bill sponsor is the gentleman from Alamance representative Randell is that correct? The gentleman from Alamance is recognized to debate the bill thank you Mr. Speaker. [xx] what we have before you is Senate Bill 279 is a bill that started off in the senate and the first two sections deals with amending qualifications for the practice of counselling here in North Carolina. Currently applicants seeking to become a licensed professional Councillor can only earn a masters degree from a regionally accredited institution of higher education and that does limit the number of potential to qualified applicants, what the bill will do is allow applicants who have already earned a masters degree from a richly credited institution or any institution with the accreditation from an organization recognized by the council for higher education and accreditation, C. H. E.

A to be given that credential before transition into acquire accreditation by an industry specific organization. It's a little bit more to it but essentially what we are talking about in section one and two is providing a better path to getting more qualified Councillors in North Carolina with a hard earned first upper sealing requirement increase requirement by the year 2022. Sections three and four and this is the portion of the bill that's really my interest, if you are looking at section four you'll see that there is a component that's included that deals with sex trafficking. Sex trafficking is the modern slavery for our hero. It's in our nation, it's in our state, and it's right here in Wake county, it's in your city, it's in your county, the optimum target of sex traffickers in America today are girls between the ages of 12 and 14, 12 and 14, we are talking about six, seven, 8th grade girls. The first sexual experience for a young lady traffic into prostitution on average occurs when they're 13 years old, and this are the young ladies in our schools. Right now North Carolina has no curriculum requirement of any kind of sex trafficking awareness and prevention education, and what the component in section four will do is under number four in section four, points one and two. It adds in two things, it adds in a protocol for the local school districts required to work with law enforcement, to develop a instruction an the area of sex trafficking, prevention and awareness. Second point of that is local law enforcement is encouraged to participate in developing a referral protocol. So a teacher or even a fellow student who in our school suspects that maybe one of their friends or one of their students is a target of trafficking, maybe this young lady is suddenly showing up with a lot of very expensive clothing, and she starts talking about the older men in her life. Now, who's paying her a lot of attention. The traffickers zero in on this young impressionable immature young ladies and develop an emotional dependence upon that with them upon themselves as kind of a big brother, father figure, and then they convert them through pressure into selling their bodies in the trafficking industries. So what this component in section four will do is it combines local law enforcement, criminal justice agencies and non governmental organizations that are already combating this scourge of sex trafficking here in our state, combines them in the development of education and instruction materials and gives them an important part in the role of trying to take a bite out of this ugly, ugly crime here in North Carolina. Now there's another component in section three I'll have you look at and section three, like section four we strike out seven words. And the wording would define those who can develop curriculum and instruction materials has been limited to people who are credential experts in areas of sex health education. Initially we thought that was just to narrow we wanted to get all hands on deck in this effort. We know now we need more people, every available resource we have to combat sex trafficking. So we wanted to remove that, and allow more people access to the development of curriculum. Now there was, I'll say just a little bit of controversy in rules committee yesterday over that particular provision. Now, since yesterday afternoon I have worked with Representative Fisher, Representative Stam, Representative Whitmire who's also collaborated with me on this important piece of legislation to come up with an amendment that we believe would satisfy some of the concerns of those that were expressed yesterday in rules. It does a couple of things, it still broadens the definition, but keeps it within some recognized professions who would have expertise. So at this time Mr. Speaker I believe Representative Fisher will have an amendment ready. For what purpose does the lady from Buncombe Representative Fisher rise? To send forth an amendment Mr speaker. The lady is recognized to send forth an amendment the clerk will read. Representative Fisher moves to amend the bill on page two line 20 by changing the word July to June. the lady has the floor to debate the amendment. Thank you Mr. Speaker, ladies and gentlemen of the house, I first of all want to give my thanks to representative Waddell for bringing forward an important piece to potentially to the curriculum for our adolescence

regarding human trafficking this is an important issue to address and I think this is a really good beginning on that path. I do have an amendment that started the discussion in rules yesterday and has now come to fruition with some good language that preserves the words that were stricken in the original bill but had to do with sexual health education experts who will be able to along with other experts in other fields be able to address this issues with our students and so I would I ask that you vote in favor of this amendment and I move adoption thank you Mr speaker. what purpose does the gentlemen from Wake Representative Stam rise? To speak on the amendment. The gentleman has the floor to debate the amendment. Mr speaker members of the house I'd ask you to support the amendment you know about of the three little bears one was too hot and too cold and this is just right. The committee substitute was perhaps too broad in allowing as Representative Daughtry suggest auto-mechanics to provide information on sex education but the underlying deal of underlying law was way too tight and this is just right. In that field of teaching either human trafficking o sex education there are many disciplines that are important it's not just strictly a matter of biology and I think this amendment threads a needle there I ask you to support it For what purpose does the lady from Mecklenburg Representative Cotham rise? Thank you Mr speaker to ask Representative Stam a question Does the gentleman from Wake yield to the lady from Mecklenburg? I do. He yields. Thank you Mr. Speaker. Just looking at this amendment and recalling our conversation yesterday in the Rules committee the great focus on the family was brought up and that was part of some of the controversial debate. So with this amendment then allow that type of material to be in our schools based on the author's credentials? Well the author is a psychologist and if it was also based upon scientific research that is reviewed the answer is yes, but just because it's from a particular organization the answer is no. follow up. Does the gentleman yield to an additional question? I do. He yields. So would the information from focused on the family then be allowed to enter into our public schools. Well it has to be more specific but the answer is yes if it was also reviewed based on scientific research, so some yes some no. Thank you. For what purpose does the gentleman from Transylvania Representative Whitmire rise? Mr. Speaker to debate the amendment. Gentleman has the floor to debate the amendment. This is the house the discussion brought forth to you has been very healthy and I'll simply say I support the amendment. I ask that you support the amendment and this has been a collaborative effort, thank you. Thank you. Is there any other discussion about the amendment? Representative Carlos, why do you arise? To Request to ask a question of the amendment sponsor. Yes Sir. Does the sponsor yield? I yield. Thank you Representative Fisher. This amendment looks great to me, but I'm not an expert in the social sciences field, and my question is, is this pretty much an exhaustive list of those who will be qualified or, how sure are we that we are not leaving somebody out about these categories who's equally qualify's, so I want to make sure I'm not voted on an obituary list. Thank you for hat question and I would say that, is probably not exhaustive, but it is at least more well rounded, so that the best we can, bring folks in who are experts and have pre-review materials, just to further respond to your question, I'd like to have folks refer back to Section 3 of the bill, where at least the things that are part of the 7th grade curriculum right now, and I believe that Anyone who comes in under the list of experts, would be bringing along with him, information

that addresses the things that need to be taught in that curriculum. Thank you. Representative Floyd, did you have a comment you wanted to make? Have an amendment sent forth Mr. Speaker after this. Al right, thank you. Is there any other discussion towards the amendment that we are now addressing? Representative Riddell. Thank you Mr. Speaker friends I just wanted to make plain the implementation date of this is a little different the component that deals with the new list of experts, and credentials individuals a lot of participate in the election of curriculum all of that both section three and four is rolled over to beginning of next school. So that will begin to commence 16, 17, The sex trafficking portion the part we need to get moving on right now the part we need to be moving on yesterday that's to expect in the coming semester if the school year. Thank you Mr. Speaker. Yes sir.  Any other discussion? Hearing non we have an amendment before us. All those who want to vote in favor remember to vote aye and those vote no now the clerk will lock. It's an open vote. The clerk will open the vote. The clerk will lock the machine and count the vote. 107 voted in the affirmative, two voting in the negative the amendment does pass. Let's go back on the bill I understand Representative Floyd you wanted to rise to make another amendment? Yes sir Mr. Speaker send forth an amendment. The floor is yours. Can you read the amendment in please. Representative Floyd moves to amend on page four lines 21 to 26 by those lines to read. Representative Ford you are recognized to debate your memo. Mr Speaker this is simply, and I take with the responses and they agree to this amendment, there is a lot of collaboration and also what it is practical given the make up of the existing tool, and I move for adoption. Representative Waddell, why do you rise? Speak on the amendment. Yes sir. Just wanted to let you know we're in favor of the amendment, it's good, adds a little diversity to the mix and we are happy to have it. Thank you is there any other discussion about the amendment that is before us. Seeing none, Madam Clerk if you would open for the vote. All those in favor vote aye, all opposed say no. the clerk will lock the machine and record the vote. 102 having voted in the affirmative, none voting in the negative, the amendment passes. We're back on the original Bill as amended. Is there any further discussion on the original bill as amended. Please.  Hearing non the issue before the house is the passage of Senate Bill 27. Mr. Speaker as amended Mr speaker I had my light on. I'm sorry Representative Fisher I didn't see that excuse me, why does the lady rise? Thank you Mr. Speaker, Ladies and gentlemen of the house, I rise in support of the bill, with the amendments included I believe that what would have happened had we not adopted these amendments is that we would have gone backwards in terms of the field of sexual health education, I think that we don't surely do not want to go back to the days of inaccurate information and anything goes, sex ad and I think that sex trafficking, human trafficking is very important issue to address with our school students and it is it was a relatively new field one that we need to explore and I am under the impression from my colleague representative Radel that there will be work on this even to the extent of helping our newly minted teachers

or teachers who are in our schools of education to become more familiar with this issue. But I think the bottom line is that what we have to do is keep strong language as with regard to experts in the field of sexual health education, this Bill does that and it also asks that that we continue to adhere to the curriculum requirements set out in the curriculum for health education in North Carolina, and so I ask for your support on the bill. Thank you. Representative Whit Meyer, why does the gentleman arise? Debate the bill. The floor is ours to debate the bill. Folks short and sweet I want to emphasize this was a collaborative effort to improve upon what we got and I ask for your support this solid. Any other debate? Hearing none the issue before the floor is the passage of senate bill 279 as amended madam clerk if you would. all in favor will vote aye, all opposed will vote nay. The clerk will open for the vote. I'm going to do [xx] I don't remember what to do. Representative Willingham does the gentleman want to vote?  The clerk will lock the machine and record the vote 108 voting in the affirmative 2 in the negative senate bill 279 passes the second reading without objection will be read a third time. General assembly of North Carolina enacts. Further discussion further debate? Hearing none all in favor please say aye. Aye. All opposed will say nay. Nay. The ayes appear to have it the ayes do have it. It passes. it's ordered engrossed and returned to the senate by special messenger. The next item on the agenda is senate bill 400. Clerk will read. Senators [xx], Senate bill 400 the court [xx] to give priority access to civil organizations that work with students such as boy scouts and girl scouts, general assembly of North Carolinian act. Representative Luis why does the gentleman rise? To debate the bill The floor is yours. Thank you Mr. Speaker. Mr. Speaker, members senate bill 400 directs local boards of education to give access to use the school facilities to any group listed in title 36 of the United States code is a patriotic society, the bill specifically states that North Carolina groups and councils of the girl and boy scout organization are considered a patriotic society. However, there are many other organizations that fall into this category including the civil air patrol, the boys and girls club of America, the FFA and Big Brothers and Big Sisters organization. These organizations provide a great service to the youth of North Carolina and allowing them access for use of the school facilities is an important step in building leadership in young people. The bill safe guard teaching time by outlining that this group should be granted access to the school and its events outside of instructional time. I know of no opposition to this bill, I'd ask for your support, thank you Mr. Speaker.  Thank you representative Dollar. Why does the gentleman rise?  To debate the bill.  The floor is yours to debate the bill. Thank you Mr. Speaker, members of the house, I just wanted to acknowledge I've gotten a lot of calls from my local council exec on when senate bill 400 was going to be heard so, I know on behalf of a lot of boys scouts around the state as well as a lot girls scouts and others from around the state and a lot of other volunteers. This is very welcomed and appreciate the bill being before us today? Further discussion, further debate? Hearing non madam clerk if you will open, and those in favor will vote aye and those opposed will vote no. Madam clerk open for the vote. Sure you don't want to [xx]? it will be easier if you come up inside. I'm just staying behind. [xx] Representative Floyd, does the gentlemen want to vote? Representatives Faircloth, Malone, Watford you

all want to vote? Clerk will lock the machine and record the vote. 110 vote in the affirmative, zero Voting in the negative. The second reading for House bill 400 passes without objection, will be read a third time. General assembly of North Carolina enacts. Further discussion, further debate, Representative Cotham why does the lady rise? Thank you Mr. Speaker I just wanted to ask a friendly question to Representative Lewis, if possible. Representative Lewis, does the gentleman yield? Yes, sir The gentleman yields Thank you Mr. Speaker, Representative Lewis you have your three school administrators right here are all asking the same question so I just wanted to ask you do we support the bill? But we wanted to know about the funds or fees in the school we often have to charge for a custodian, security. Does this give any information because it's a question that the school administrator is going to ask, has that been discussed at all? Yes Mum, the school board will still establish a policy for those fees like the janitorial service some may even require to have security there. All those fee, all those things stay in place. Further discussion, further debate. Hearing none the question before the house is the passage of the Senate Bill 400 on the third reading. All in favor will please say aye, Aye! All oppose will please say no in the opinion of the Chair the Ayes have it the Ayes do have it. The Bill will be ordered enrolled and sent to the governor. The house will be ease. Notices and announcements. For what purpose does the The lady from New Hanover, representative Hamilton rise. The point of personal privilege. Lady is recognized to speak to a point of personal privilege. The house will come to order. The lady has the floor. Thank you Mr. Speaker. I rise to present a representative statement today that is properly before the clerk's office and I would ask that the clerk please read it in. The clerk will read the Representative statement in its entirety. Representative statement recognizes the National Ovarian Cancer Awareness Month were as Ovarian cancer is a devastating disease. It takes the lives of approximately 15, 000 women in our country each year and whereas the cause of this disease is unknown, there're more than 21, 000 women be diagnosed with ovarian cancer this year and we [xx] due to the inability to diagnose this cancer until the late stages, the disease has comprised other parts of the body limiting the effectiveness of treatment and reducing the chances of survival Ovarian cancer is particularity devastating with the chances of survival at just 25% whereas the cause and symptoms and signs are vague and non specific and are common symptoms are of either less serious illnesses and because there is no screening test currently available, awareness of this is [xx] is even more crucial and whereas all women and their families should learn more about ovarian cancer, its symptoms, the available methods that may be reduce the risks of developing it. Now therefore it is fitting to observe national cancer awareness month, every September to bring about the awareness of this devastating disease. The witness [xx] science certifies that the full growing statement and placed upon the Journal on the 16th day of September 2015 submitted by Representative Susi Hamilton, possible clerk [xx] The lady from New Hanover Representative Hamilton is recognized to speak to a point of personal privilege. Thank you Mr. Speaker. I was first made aware of ovarian cancer month being the month of September. Several years ago when my very good friend from Wemilton, Tracy [xx] was diagnosed with the disease. Since that time, I've had a beloved cousin and another dear friend that was diagnosed with the same disease. Unfortunately, Tracy and my cousin Jane [xx] both lost those battles earlier this year. I rise to talk about this today and to bring awareness to the body about Ovarian Cancer because it is that's one out of every 71 women in this country. In addition to that, it is 1/10th as common as breast cancer. But it kills more than three times as many women. That's a devastating statistic and the reason for that is that,

research and development of a diagnostic tool for ovarian cancer today barely exist and so many women by the time they are diagnosed are stage three or stage four level of the disease. So I want to thank you for letting me have this conversation with you, want you to go back to your respective district and offer support for women and families who are suffering from this disease and offer your support financial, or otherwise, and helping our university systems in organizations across the country to develop a diagnostic system for it, thank you very much and I believe you have a courtesy regard[sp?] Mr. Speaker. Yes on behalf of the members of Brunswick County Representatives Hamilton, Iler Caitlyn and Davis the chair is happy to extend the courtesies of the gallery to Michael Brown, Jean Pipper, Kristy Okief and Melanie [xx] of North Carolina. Would you all please stand so that we could welcome you and thank you for being with us today. Thank you for being here. For what purpose does the gentleman from Mecklenburg, representative Moore arise? On a personal privilege Mr Speaker. The gentleman has recognized the speaker to a point of personal privilege. Thank you, Mr Speaker. In my haste trying to leave chamber yesterday, I was [xx] and recognizing an event for a tragedy that I want to bring your remembrance, 52 years ago, in Birmingham Alabama One Sunday, September the 15th 1963, there were four little girls, Addie Mae Collins, Cynthia Wesley, Carole Robertson and Carol Denise McNair, who were victims of a bombing at the 16th Street Baptist Church. This is a day that is very, very commemorated in the struggle for Civil rights in this country, and I didn't want it to go away without at least advocating for those names. And let us understand that we as a society have grown over 50 years, and hopefully we have enough love and capacity within ourselves that this type of tragedy, and other tragedies will not be the norm, but will really be an exception. So I just wanted to advocate those names and put this in remembrance to your mind and thank you for giving me a chance to comment. Further notices, and announcements for what purpose does the gentleman from Durham Representative Hall rise? Point of personal privilege. The gentleman is recognized to speak in a point of personal privilege. Thank you Mr. Speaker, and I just want to let the members know that one of our own members Robert Reeves lost his grandmother she's being funeralized today that's why he's not with us and we just ask that you keep him, and his family in your prayers, and please reach out to him in this time of grief, thank you. Further notices and announcements, if not the gentleman from Harnett, Representative Lewis is recognized for motion. Mr. Speaker, subject to receipt of messages from The Senate, committee reports, conference reports, the re-referral of bills, and resolutions, the appointment of conferees, I move to the house to now adjourn to reconvene Thursday, September 17th at 5 o'clock PM. Representative Lewis moves, seconded by representative Dickson that the house do now adjourn subject to receipt of messages from The Senate committee reports conference reports rereferal bills and resolution and appointment of conferees. To reconvene September 17th at 5 PM those in favor will say aye. Aye. Those opposed no, the ayes have it. We stand adjourned.