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House | July 22, 2013 | Chamber | Session

Full MP3 Audio File

Sorry ?? close the doors. The prayer will be offered by Representative Roger Younts. Members and visitors in the gallery please stand and please remain standing for the pledge of allegiance. [SPEAKER CHANGES] Please bow your heads with me. Lord, thank you for the love you give us each day. Please instill us with the humility that will empower us to do your will. Help us embrace your desire to bring out the best in ourselves. Enable us to spend our time here doing meaningful and faithful deeds. Help us to think clearly, knowing the importance of decisions make here, and the impact these decisions will make on countless others. Give us the wisdom only you can provide to make this great state of North Carolina even greater. In your name we pray. Amen. [SPEAKER CHANGES] Amen. [SPEAKER CHANGES] I pledge allegiance to the flag of the United States of America, and do the republic for which it stand one nation under god indivisible with liberty and justice for all. [SPEAKER CHANGES] Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker the journal for July 21st, 2013, has been examined and been found correct. I move its approval as written. [SPEAKER CHANGES] Representative Moore moves that the journal for July 21st be approved as written, all in favor say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed "no". The ayes have it, the journal is approved as written. Petition, ?/ or papers addressed to general assembly of the house ratification of bills and resolutions the clerk will read. [SPEAKER CHANGES] Enrolling clerk reports fall on bills being read by presentation of the governor Senate Bill 151 an act to amend marine fisheries laws Senate Bill 305 an act to prove the public private partnership in which the division of motor vehicles issues motor vehicle ?? and registration. Senate Bill 341 an act to establish an expedited process for the modification and interfacing transfer certificates. Senate Bill 379 an act authorizing action on developing city programs. Senate Bill 626 an act to requalify and amend existing laws enacted to assist owners in recovering all steps and if ?? and presume to ?? executive state. House Bill 191 an act removing certain ?? property from the corporate limits of the down of Grifton. [SPEAKER CHANGES] Chapter Bills be noted. OK. Calendar House Bill 493 the clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 493, a bill has been filed an act to authorize the town of Robbinsville to ?? and tax amend the existing Graham county ?? tax and create a taxing district in Graham County. [SPEAKER CHANGES] Representative West please state your purpose. [SPEAKER CHANGES] For a motion and to debate the motion. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you Mr. Speaker, members of the house, I move that we do not concur in the Senate Committee Substitute for House Bill 493, reason being the Senate added another local bill to it and now they don't want it and we got to go to Congress and get it out. Thanks a lot. [SPEAKER CHANGES] Further discussion further debate? If not, the question before the House is motion to not concur in a Senate Committee Substitute for House Bill 493. All in favor vote "aye", all opposed vote "no". The clerk will open the vote. The clerk will have the machine record the vote. 98 having voted in the affirmative, none in the negative, the house does not concur in a Senate Committee Substitute for House Bill 493. The Senate will be so notified, conferee will be Representative West, Chair and soul member. The Senate will be so notified. House Bill 186 the clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 186. A bill has been filed an act authorizing ?? Huntersville, Morrisville and ?? to enforce municipal noise ordinances state statute pertaining to theft and vandalism in the waters of Lake Norman. [SPEAKER CHANGES] Representative Jeter, please state your purpose. [SPEAKER CHANGES] For a motion and to debate the motion. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] House, I'd like to make a motion to concur with the changes. It's exciting changes which obviously you all are thrilled about. And as this what it does is this bill passed out of the house very easily, overwhelmingly, all it does in the -

is a stripped away, so it actually has a limited focus in the original intent of the bill, happy to answer any questions. [SPEAKER CHANGES] The question before the House is whether to concur in the Senate committee substitute for House bill 186. All in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no? The "aye"s have it, the House has concurred and the Senate committee substitute for House bill 186, the bill be enrolled. House bill 523, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 523, a bill to entitle an act to reduce the size of Pitt county Board of Education from 12 members to 9 and to add 3 members from combined districts. [SPEAKER CHANGES] The clerk will read the ammendment. [SPEAKER CHANGES] Sen. Davis moves to ammend the bill on page 1, lines 3 and 4 by deleting, [SPEAKER CHANGES] Rep. Brian Brown, please state your purpose. [SPEAKER CHANGES] To make a motion and to debate the motion? [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you Mr. Speaker. Members, there's a lot of times within this body that the two sides of this chamber is not able to agree upon things. And this issue, when it began, certainly was no different. Our county was very much divided on something that was a very volatile issue, which was the size and scope of our schoolboard. After many many months of work, I'm very very proud to stand before you and say that our whole delgation came together on a compromise that works well for our county, and we all stand behind that and we ask for your support and concurrence of this bill. [SPEAKER CHANGES] The question before the house is whether to concur in the Senate, amendment number 1 to the House committee substitute for House bill 523. All in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, "no"? [SPEAKER CHANGES] No. [SPEAKER CHANGES] The "Aye"s have it. The House has concurred in the Senate amendment number 1 to the House committee substitute for House bill 523. The bill will be enrolled. House bill 530, the clerk will read. [SPEAKER CHANGES] Senate committee substitute for House bill 530, a bill to be entitle an act requiring any appointments by Buckham county to a metropolitan planning organization revised for geographic representation of the county. [SPEAKER CHANGES] Rep. Ramsey, please state your purpose. [SPEAKER CHANGES] Mr. Speaker, to make a motion and to speak on the motion. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Mr. Speaker, members of the House, I would ask that you vote to concur with the Senate changes made to this bill, the Senate made a very good change. The chairman of our board of commissioners is elected countywide, and so our chairman should be able to serve on the MPO at any time and they just clarified that within an amendment so I would ask you to support this motion, and stand for any questions you may have. [SPEAKER CHANGES] The quesiton before the House is whether to concur in the Senate comittee substute for House bill 530. All in favor say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, "no"? [SPEAKER CHANGES] No. [SPEAKER CHANGES] The "Aye"s appear to have it. The "Aye"s do have it, and the Senate committee substitute for House bill 530. The bill will be enrolled. House bill 870, the clerk will read. [SPEAKER CHANGES] Senate committee substitute for House bill 870, a bill to entitle an act to decrease the Duplin county Board of Education, the Board of commisioners of Duplin county to a 5 member board to establish revised districts of those boards. [SPEAKER CHANGES] Rep. Dixon, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] I make a motion that we do concur, Mr. Speaker. May I debate the motion? [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Members, I encourage you to concur. This bill does exactly what it says it does, it reduces the number of board of education in county commissioner districts from 6 to 5. Currently Duplin county is operating under a 1987 consent order which required 2 majority minority districts out of 6. This adjustment will now give us 2 majority minority districts out of 5. I met with the county commissioners this morning, meeting with the school board tomorrow night, and there is general consensus on the advantages of going to this, I would encourage your favorable vote, thank you. I'll answer any questions you might have. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the motion to concur in the Senate committee substitute for House bill 870, all in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed "no"? [SPEAKER CHANGES] No. [SPEAKER CHANGES] The "aye"s have it, the House has concurred with the Senate committee substitute for House bill 870. The bill will be enrolled. House bill 14, the clerk will read. [SPEAKER CHANGES] Senate committee substitute for House bill 14, a bill to entitle an act to make ?? clarifying and administrative changes to the ?? laws relating to statutes recommended by the ?? law study committee. [SPEAKER CHANGES] Rep. Howard, please state your purpose. [SPEAKER CHANGES] To make a motion, and to

That motion [SPEAKER CHANGES] The lady is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Mr. Speaker, I move that we do concur with the Senate changes and I would be glad to explain those changes in the fourth edition of the bill, and these changes were made in the Senate Finance Committee, it just clarified the transfer of assets with respect to deferred depreciation and a second change was identifying the responsible person in the business entity for the principal amount of taxes and then the Senate also added an amendment on the third read that did some corrections to House Bill 998, clarifying state attractions and secondly also exempting from sales tax a service contract provided for any item purchased by a professional motor sports racing team and I would ask that we do concur with those changes from the Senate. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the motion to concur in the Senate Committee Substitute for House Bill 14. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 106 having voted in the affirmative, 2 in the negative. The House has concurred in the Senate Committee Substitute for House Bill 14, the bill remains on the calendar. House Bill 15 the clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 15 the bills been titled an act to facilitate the use of vehicles exclusive for law-enforcement, fire-fighting and other emergency response purposes by the Division of Parks and Recreation and Department of Natural Resources. [SPEAKER CHANGES] Representative Faircloth, please state your purpose. [SPEAKER CHANGES] Make a motion. [SPEAKER CHANGES] The gentlemen is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you, Mr. Speaker and members of the House. This is a bill that came out of the Emergency Management Committee, Oversight Committee and simply designates other emergency vehicles to have the right to use blue lights and sirens such as firefighting equipment and what have you. The ones that have been missed in the past, it had a strong vote before I urge you to support the bill and ?? concurrence. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the motion to concur in the Senate Committee Substitute for House Bill 15. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 108 having voted in the affirmative, 1 in the negative. The House has concurred in the Senate Committee Substitute for House Bill 15. The bill will be enrolled and sent to the Governor. House Bill 269, the clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 269 the bill’s been titled an act to create special education scholarship grants for children with disabilities. [SPEAKER CHANGES] The Chair acknowledges, believe Representative Jordan is going to carry this bill, he’s not yet in Chambers. We will displace it, we’ll go back to House Bill 74. The clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 74, the bill’s been titled an act to improve the ?? line, the regulatory process in order to stimulate job creation and eliminate unnecessary regulation, make various other statutory changes and amend certain environmental enact resource laws. [SPEAKER CHANGES] Representative Moffitt, please state your purpose. [SPEAKER CHANGES] For a motion and to debate the motion. [SPEAKER CHANGES] The gentlemen is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen of the House, House Bill 74 has returned to us as a combination for House Bill 94 and Senate Bill 112, I move that the House do not concur with what the Senate has returned to us. There are differences between the House and Senate in regards to the language in this bill and there’s some work for us to do so the motion is to not concur. [SPEAKER CHANGES] Question before the House is the motion to not concur in the Senate Committee Substitute for House Bill 74. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 109 having voted in the affirmative, none in the negative. The House does not concur to the Senate Committee Substitute for House Bill 74.

The Senate will be so notified, and Rep. Moffitt, if you will give me the conferees, we will read the amendment and notify the Senate accordingly. Ladies and gentleman, House bill 269 is properly before us, Rep. Stam, please state your purpose. [SPEAKER CHANGES] To make a motion to concur. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you Mr. Speaker. The Senate changes were so minor and technical I just won't talk about those. This passed the House with the good vote a few weeks ago, and our precedent from 2 years ago when it came back from the Senate it even had a greater vote. And real strong in the Senate, this is a opportunity for children with special needs to get some educational help where they're not currently receiving it, and the key thing to remember is the big change, 99% of the bill is that it makes parents who are too poor to pay income tax eligible for the same program that those who do pay income tax are currently eligible for. I would encourage your positive vote on this. Thank you. [SPEAKER CHANGES] Rep. Mobley, please state your purpose. [SPEAKER CHANGES] Change my vote, Mr. Speaker, on House bill 14 to a "yes" vote. [SPEAKER CHANGES] The lady is recorded as voted "aye". Rep. Glazier, please state your purpose. [SPEAKER CHANGES] To briefly debate the bill, Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Thank you Mr. Speaker, I apologize. I supported 269 when it came through and I support it today on concurrence, and my reason for supporting it is simple. My beef is with the underlying bill that it seeks to fix. That's law. And we deal with the law as it is not as we wish it to be. The underlying bill I disagreed with, but this bill may actually make it a touch better. And I think that's the intent, it may actually allow some economically disadvantaged kids to cobble together some scholarship capacities with the grant in circumstances where perhaps the public school is simply not able to provide that seriously disabled child with all the services they need. While again I disagreed with the underlying bill, I don't think this bill does any harm, and I think it may fix it slightly to the better. And for that reason only I support it, and encourage my colleagues to vote for it. [SPEAKER CHANGES] Rep. McManus, please state your purpose. [SPEAKER CHANGES] I was just dealing with a technology problem and did not get a vote registered on House bill 74, and I wanted to vote yes not to concur. [SPEAKER CHANGES] The lady will be recorded as voting "aye" on the motion. Rep. Jones, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Thank you Mr. Speaker. I want to partially agree with Rep. Glazier, we didn't agree on the initial bill that passed in previous session, I thought it was a great bill, and I got people from all over the state that thought it was a great bill, but I do agree with them in this, if you are- most of what we heard in the debate against this bill earlier was against the law that's already passed. And as Rep. Stam has already aptly said, this just takes that provision and makes it better, and extends it to the lowest income folks in the state. And for that reason I ask you- we had a good vote on this bill before, and I ask you to vote yes to concur. [SPEAKER CHANGES] Rep. Brandon, please state your purpose. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] I just wanted to briefly say it's an honor to work with the bill sponsors on this, I am a proud sponsor of this bill, it did a great vote, 36-6 in the Senate, very bipartisan, and I hope to encourage all of my members to vote for the bill today. Thank you. [SPEAKER CHANGES] The question before the House is the motion to concur in the Senate committee substitute for House bill 269, all in favor vote "aye", all opposed vote "no", the clerk will open the vote. The clerk will lock the machine and record the vote. 91 having voted in the affirmative, 20 in the negative, the House has concurred in the Senate committee substitute for House bill 269. The bill will be enrolled and sent to the Governor. House bill 359, the clerk will read. [SPEAKER CHANGES] Senate committee substitute for House bill 359, a bill to entitle an act to make changes to administration state retirement systems that which extend the transfer of benefit options to participants in the 403p supplemental retirement plan. [SPEAKER CHANGES] Rep. Collins, please state your purpose. [SPEAKER CHANGES] I'd like to ask that this bill be temporarily displaced. [SPEAKER CHANGES] The bill be displaced, House bill 392, the clerk will read. [SPEAKER CHANGES] Senate committee substitute for House bill 392, a bill to entitle an act to require a county department of social services to verify whether an applicant for recipient of a temporary assitance for needy family

…benefits or food and nutrition services benefits is a fleeing felon or a probation or a parole violator to direct interagency cooperation. [SPEAKER CHANGES] Representative Arp, please state your purpose. [SPEAKER CHANGES] To make a motion, to speak on a motion. [SPEAKER CHANGES] Gentleman is recognized to make a motion and to debate the motion. [SPEAKER CHANGES] Ladies and gentlemen, I’d like to a make a motion to not concur. This has been a good bill. It’s received by bipartisan support both in the House and the Senate but we’ve got a few issues regarding technical changes we need to work out regarding effective dates, so I’d ask you not to concur. [SPEAKER CHANGES] The question before the House is the motion to not concur in the Senate substitute for House Bill 392. All in favor vote, “Aye.” All opposed vote, “No.” The Clerk will open the vote. The Clerk will let the machine record the vote. 111 having voted in the affirmative, none in the negative, the House has not concurred in the Senate Committee substitute for House Bill 392. The Senate will be so notified. Conferees for the House will be Representatives Arp, Chair, Representative Sarah Stevens, Representative Craig Horn. The Senate will be so notified. House Bill 399 the Clerk will read. [SPEAKER CHANGES] Senate Committee substitute number two for House Bill 399. The bill’s been titled, “An Act to make Changes requested by the Department of Health and Human Services to make Laws pertaining to Child Abuse, Neglect and Dependence on Medicaid and Public Health.” [SPEAKER CHANGES] Representative Burr, please state your purpose. [SPEAKER CHANGES] For a motion and then to debate the motion. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you, Mr. Speaker. I move that the House do concur on House Bill 399 and with that there were several minor changes made to the bill in the Senate. Also, an additional section added in at the request of the Department and Smoky Mountains and Western as they seek to address their merger in the mountains of that LME and I would ask for member support. [SPEAKER CHANGES] The question before the House is the motion to concur in the Senate Committee substitute number two for House Bill 399. All in favor vote, “Aye.” All opposed vote, “No.” The Clerk will open the vote. The Clerk will let the machine record the vote. 110 having voted in the affirmative, one in the negative, the House has concurred in the Senate Committee substitute number two for House Bill 399. The Senate will be so notified. Ladies and gentleman the conferees for House Bill 74 will be Moffitt, Chair, Murry, Millis, Samuelson. The Senate will be so notified. House Bill 476 the Clerk will read. [SPEAKER CHANGES] Senate Committee substitute number two for House Bill 476, the bill will be titled, “An Act for Rewriting the Laws Regulating Underground Utility Damage Prevention.” [SPEAKER CHANGES] Representative Hager, please state your purpose. [SPEAKER CHANGES] To make a motion and debate the motion. [SPEAKER CHANGES] The gentleman is recognized to make a motion and debate the motion. [SPEAKER CHANGES] Thank you, Mr. Speaker. I make a motion to concur on House Bill 476. This bill was changed slightly in the Senate. They put in exemption for graveyards, cemeteries, and an exemption for using non-mechanized utensils when you’re digging in your own yard. [SPEAKER CHANGES] The question before the House is the motion to concur in the Senate Committee substitute number two to House Bill 476. All in favor vote, “Aye.” All opposed vote, “No.” The Clerk will open the vote. The Clerk will let the machine record the vote. 110 having voted in the affirmative, and one in the negative, the House has concurred in the Senate Committee substitute number two for House Bill 476. The bill will be enrolled and sent to the Governor. House Bill 565, the Clerk will read. [SPEAKER CHANGES] Senate Committee substitute for House Bill 565. A bill to be entitled, “An Act to Amend the Laws Regulating Real Estate Appraisers.” [SPEAKER CHANGES] Representative Floyd, please state your purpose. [SPEAKER CHANGES] Mr. Speaker, I had a visual problem on the last bill. I’d like to be reported voting on it. [SPEAKER CHANGES] Gentleman records voting on it. Representative Szoka, please state your purpose. [SPEAKER CHANGES] To make a motion, to debate the motion. [SPEAKER CHANGES] The gentleman is recognized to make a motion and debate the motion. [SPEAKER CHANGES] Thank you, Mr. Speaker. I make a motion to concur with the Senate Committee substitute. There were two changes from the bill that we sent over almost unanimously to the Senate. The first had to do with the first part of the bill which had to do with real estate appraiser licensing. You’ll recall that we entered a two year license back onto state law that was maintained and to be fully compliant with Federal law we had to change the wording on the four-year degree completion. The second thing that changed in the bill was the Recovery Fund as the means to…

Compensate real estate appraisers in the event of an appraisal management company bankruptcy. That was turned into a study bill. I ask you to concur and vote yes. [SPEAKER CHANGES] The question before the House is the motion to concur in the Senate committee substitute for House Bill 565. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 107 having voted in the affirmative and 5 in the negative. The House has concurred in the Senate committee substitute for House Bill 565. The bill will be enrolled and sent to the Governor. House Bill 692 the clerk will read. [SPEAKER CHANGES] Senate committee substitute for House Bill 692, a bill to be entitled An Act To Amend The North Carolina Anti-Predatory Lending Law And To Limit The Provisions Of State Mortgage Lending Law To Being No More Restrictive Than Federal Law. [SPEAKER CHANGES] Representative Szoka, please state your purpose. [SPEAKER CHANGES] To make a motion and to debate the motion. [SPEAKER CHANGES] Gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you, Mister Speaker. This law passed unanimously from the Chamber. It came back from the Senate with one correction. There was a technical correction. We reference a federal statute and it had the wrong subparagraph. That was corrected, so it's essentially the same bill. I appreciate your support. [SPEAKER CHANGES] The question before the House is the motion to concur in the Senate committee substitute for House Bill 692. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 106 having voted affirmative and 6 in the negative. The House has concurred in the Senate committed substitute for House Bill 692. The bill will be enrolled and sent to the Governor. House Bill 936, the clerk will read. [SPEAKER CHANGES] Committee substitute number two for House Bill 936, a bill to be entitle An Act To Establish A Wildlife Poacher Reward Fund To Pay Rewards To Persons Who Give Information To Law Enforcement Authorities That Result In The Arrest And Conviction Of Persons Who Commit Serious Wildlife Violations. [SPEAKER CHANGES] The clerk will read the amendment. [SPEAKER CHANGES] Senator, could you ?? amend the bill on page one, line five ??. [SPEAKER CHANGES] Representative John Bell, please state your purpose. [SPEAKER CHANGES] To make a motion and to debate the motion. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Ladies and gentlemen, this is the wildlife poacher reward fund that we had debate on, I believe it was last week. In this bill it has two provisions. One, it has to do with the poaching of wildlife. Two, it has to deal with vessel safety standards for boating. And if you remember the main piece was put in here, the Senate did take that out and send it back to us and I'd ask that you concur with us today. Thank you. [SPEAKER CHANGES] The question before the House is the motion to concur in the Senate amendment number one for the House committee substitute number two of House Bill 936. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 112 having voted affirmative, none in the negative. The House has concurred in the Senate amendment number one for the House committee substitute number two of House Bill 936. The bill will be enrolled and sent to the Governor. Ladies and gentlemen of the House, the Chair is happy to extent a welcome and a courtesies of the floor to Claire Ledford, granddaughter of Representative Presnell. Claire is an honorary page today up here at the top. Welcome, Claire. Ladies and gentlemen, the Chair would also like to extend a courtesies of the floor and a warm happy birthday to my right hand person, the best clerk in any legislature in the nation. Happy birthday, Denise. Representative Moore, please state your purpose. [SPEAKER CHANGES] Motion pertaining to tonight's calendar. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mister Speaker, I move that Senate Bill 337 NC Charter School Advisory Board be removed from tonight's calendar and calendared for tomorrow. [SPEAKER CHANGES] Without objection. So ordered. [SPEAKER CHANGES] And then a motion for a rereferral. [SPEAKER CHANGES] The gentleman may state his motion. [SPEAKER CHANGES] Mister Speaker, I move that Senate Bill 473 Healthcare Cost Reduction Transparency Act be removed from the Committee on Health and Human Services and referred to the Committee on Rules. [SPEAKER CHANGES] Without objection. So ordered. Representative Bumgardner, please state your purpose. [SPEAKER CHANGES] Thank you Mister Speaker. I'd like to be recorded as voting no on 565. [SPEAKER CHANGES] The gentleman will be recorded as voting no on House Bill, the concurrence vote for House Bill 565. Representative Insko, please state your purpose. [SPEAKER CHANGES] Thank you, Mister Speaker

Representative: I would like to be recorded as voting no on house bill 269. Speaker: The lady will be recorded as having voted no on house bill 269, the concurrence vote. Senate bill 76, the clerk will read. Clerk: To the president, the senate, the speaker of house representatives, [xx] to resolve the difference between the senate and house representatives on senate bill 76, a bill and act to authorize department environment resources permits on or after March 1, 2015 for oil and gas expiration and development activities in the state. The senate and house of representative recommend that - the conferies recommend that the senate and house of representatives stop this report. Conferies for the senate: Senators Newton, Cheriton, Bracko, McClauren and Harrington. Conferies for the house of representatives: Representatives Stone, chair, Samuelson and Hagar. Speaker: Representative Stone, please state your purpose. Representative: To debate the bill and make a motion. Speaker: The gentleman is recognized to debate and make a motion. Representative: Thank you Mr. Chair. Ladies and gentleman, we did some remarkable work with senate bill 76. For those that do not know, we took the date out and also made it where we have no permits being issued by the general assembly without affirmative action being taken. No conditional permits. We took the land man put it back in a study. We also seen the service tax put into a study as well so we could see what the other states around the country are doing. So when we start up the operation we can make sure it pays for itself. There was one item added – we added no fiscal note on the rules. So with that, I ask that you concur on the bill. Speaker: Representative Time, please state your purpose. Representative: To debate the bill and make a motion. Speaker: The gentleman is recognized to debate the motion. Representative: Thank you Mr. Speaker. Ladies and gentleman, I rise today because I am for energy independence and least energy security in this county. I think it can be done if we put our mind to it, but only if it is done responsibly and reasonably. This bill, there are some issues with the off shore provisions of it. $1.2 billion is the economy of just [xx] and for our tourism economy. We are being asked to take a risk of $1.2 billion for what, in the changes that have been made, is about 8% would go to ports and also towards environmental activities on the coast. I hardly see how those revenues share can really offset that type of a risk to our economy in this type of an area. Furthermore, just so we all understand it, because in the public and in the news there is a lot of discussion as to what this bill is about and what revenues sharing is available: there is no revenue sharing available to any state – to NC rather, under the current congressional rules. So it will literally take an act of congress. So we are asking the governor to go forward and say we want you to actively solicit into the program right now without any guarantee of any revenue sharing, let alone local revenue sharing – which is what I am particularly concerned with. Furthermore, the jobs are most likely going to come out of Norfolk, not out of NC. The MS study that was done by the department of interior indicates that, most likely, the jobs will come out of Norfolk because that port has the infrastructure that is able to support the massive amount of people that will be needed to build the offshore roads. So for that reason I will be voting no and I ask that you do the same. Thank you. Speaker: Representative Harris, please state your purpose. Representative: To briefly debate the motion. Speaker: The lady is recognized to debate the motion. Representative: Thank you Mr. Speaker. Ladies and gentleman and house I cannot really add to much to Representative Time’s comments. I do want to thank Representatives Stone, Samuelson and Hagar for making vast improvements to this bill because the bill that the senate sent over had some problematic provisions in it that would have fast tracked fracking. I still agree with those short comings related to the offshore drilling. We have got a strong economy that is built on a clean coast, and exploiting our coast oil supply that may reduce gas prices by a penny 10 years down the road, I think is hardly worth it. So, if we are focusing on energy independence, I think we focus more on the clean energy economy which is has been the fastest growth in the energy sector: for every million dollars we invest in clean energy creates three and a half more times more jobs than one million dollars in fossil fuel based industries. For those reasons, I urge you to vote no on the report. Thank you. Speaker: Representative Stone, please state your purpose. Representative: To debate a bill. Speaker: The gentleman is recognized to debate the motion a second time. Representative: Thank you Mr. Speaker. Ladies and gentleman, I will just remind you that

One small step in a long process that we have so that we can make sure North Carolina is energy independent and I will tell you that we've made some great progress. We want to send a strong message to the industry that North Carolina is moving in the right direction and this bill will be a step forward so we can send that message. So, I'd ask you to to concur with the bill. [SPEAKER CHANGES] Representative Hager, please state your purpose. [SPEAKER CHANGE] Debate the motion. [SPEAKER CHANGE] The gentleman is recognized to debate the motion. [SPEAKER CHANGE] Thank you, Mr. Speaker. Guys, this bill is a good bill. It does two things, it gets us back closer to what we agreed on with the public and Senate Bill 820 and some of the bills we've passed in previous sessions, on the fracking side, and I'd like to commend Representative Stone for his, some call it hardheadedness, I say steadfastness in what he's done. The second part though, actually tries, it moves forward and takes a step, as Representative Stone said, in a long journey of setting up our off shore drilling process, and it is a process. If you look at the bill it starts setting up, asks the Governor to set up a compact with Virginia and some of the other states. That's the first step, and Representative Tine is correct in what he says abut the revenue sharing, but that's down the road. We have to take these steps to get be able to get down the road. I think we have a good plan in place. I think if you read the bill it shows what our intentions are, once we do have revenue sharing and how we will protect the coast and the people of the coast. So, I ask you to vote for this bill and allow us to take that first step. Vote for this motion. [SPEAKER CHANGES] The question for the House is the motion to adopt the conference report for Senate Bill 76. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 70 having voting affirmative. 40 in the negative. The conference report for Senate Bill 76 has been adopted. The Senate will be so notified. Representative Collins is the gentleman prepared to move forward with 359. [SPEAKER CHANGES] I would like to make a motion regarding to that House Bill 359. [SPEAKER CHANGES] The gentleman has been recognized to state his motion. [SPEAKER CHANGES] It appears to me that the, the motion is that we would take this off the calendar tonight and today, and re-calendar it for tomorrow. The reason is that there appear to be substantial changes that have been made by the Senate and I'm not sure I understand what all of them are. [SPEAKER CHANGES] Without objection. The motion is to re-calendar House Bill 359 until tomorrow, without objection. So ordered. Senate Bill 547, the clerk will read. [SPEAKER CHANGES] House committee sub two for Senate Bill 547. The bill to be entitled An Act of Men. The statues governing guaranteed energy savings contracts for governmental units. General Representative North Carolina 99. [SPEAKER CHANGE] Representative Hager, please state your purpose. [SPEAKER CHANGE] Debate the bill. [SPEAKER CHANGE] The gentleman is recognized to debate the bill. [SPEAKER CHANGE] Thank you Mr. Speaker. If you, as you remember last week, guys. This bill deals with how we, the process of our accused RFB's, and how we've used energy audits and how we save energy in our major universities and our major buildings, the government buildings. Last week, in session, in committee we added NC State and UNC Charlotte to be able to do their own energy auditing, and the question was brought to the floor of should we add other universities? Once we thought about that, this is kind of a trial test. NC State's been doing it for a while, we wanted to add UNC Charlotte also, and to be able get that and have good conformance for the bill. We suggested that maybe we just stop at Charlotte and use this test case, and add more as we need later. [SPEAKER CHANGES] Representative Michaux, please state your purpose. [SPEAKER CHANGES] Would the gentleman yield for a question? [SPEAKER CHANGES] Representative Hager, does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] So the consideration for A&T as a school of engineering was not, you all decided not to do that? [SPEAKER CHANGES] Representative Michaux, what I had talked with Senator Hunt about was to add a couple schools at a time. Go ahead and get these started, get the process developed. State had been the only one doing it here to ?? So, we wanted to add one college and one university which was an engineering university and I think A&T would probably be the next one we would add. [SPEAKER CHANGES] Need a follow up, could I follow? [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] I do. [SPEAKER CHANGES] One of the problems I'm having is that these produced energy saving, particularly for the institutions in mind here, and since there having been some major cuts, particularly in HBCU's. Why could you not go ahead on and add that, A&T to that group now? So that they can take advantage of those savings that are done in order to help

Them, particularly in the cuts that they've already - that they are [??] suffering now. [SPEAKER CHANGES] Thank you for that question Representative Michaux. If you want to offer an amendment you're certainly welcome to. I would oppose that amendment because of the issue and the deal. We had talked with Senator Hunt in trying to add just a few universities at a time, use those as test cases, get the process down pat and then look and see if we want to move forward without the universities. [SPEAKER CHANGES] Representative Michaux please state your purpose. [SPEAKER CHANGES] Mr. Speaker I'd like to speak on the bill and make a request. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Ladies and gentleman I don' have any problems basically with the bill other than the fact that the A&T state university is one of the premier schools of engineering, one of the premier schools of engineering in this state, and they have not been added and been able to take advantage of these savings. I would ask that Mr. Speaker that we carry this bill over to tomorrow because I would like to have an opportunity to try to add them into this and get an amendment to do that. [SPEAKER CHANGES] Representative Michaux moves that Senate bill 547 be removed from today's calendar and re-calendared for tomorrow. Is there objection? [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] Objection having been raised does the gentleman wish to put the vote? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] Ladies and gentleman the motion which was in order by Representative Michaux was to re-calender senate bill 547, remove it form today's calendar and re-calendar it for tomorrow. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk allot machine record the vote, 53 having voted affirmative and 57 in the negative, the motion fails. Now we're back on the bill. Further discussion, further debate? [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Brandon please state your purpose. [SPEAKER CHANGES] Ask the bill sponsor a question please. [SPEAKER CHANGES] Representative Hager does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative Hager, going along with what Representative Michaux was asking about, would you be opposed to having language that says - because you say that we're going to add these, that North Carolina A&T would be the next one to have that language in there. So part of the problem that I have is just that looking at the way APCU's have been funded historically, it's particularly in this particular area where North Carolina A&T is the leading engineering school for African Americans all over the country, but certainly our state doesn't respect that in terms of funding. I would love for us to be able to put the language in, if you're opposed to doing it right now and you say that you're serious about doing it in the future that we would have some type of language, that we put that in that North Carolina A&T the second largest engineering school in this state will be the next person to be able to take advantage of this. And would you oppose that amendment? [SPEAKER CHANGES] Thank you Representative Brandon and I'll say A&T is one of the three or four accredited schools, engineering accredited schools we have in the state also. What I want to do representative Brandon is move this bill now and then let's add that - we can add that later on. That's certainly something we can do in the short station but I'd like to see this bill going ahead and moved out now. [SPEAKER CHANGES] Representative Catlin please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Just a point of clarification, this bill is to make it more affordable, more efficient for performance based contracting. These are private contracting companies that guarantee their performance, and if they don't meet the energy savings then we don't have to pay them, so it protects tax payer dollars. Letting a university do this is dangerous and so the university, well, NC State they know how to do it, they've done it in the past so they've proven it. Adding one more university is an experiment, to add any more I think would be dangerous so it's something that we need to look at in the future. [SPEAKER CHANGES] Representative Floyd please state your purpose. [SPEAKER CHANGES] To ask the bill sponsor a question. [SPEAKER CHANGES] Representative Hager does the gentleman yield? [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative Hager you indicated and we voted not to carry the bill over until tomorrow, will you be meaningful to displace this and let it be to the end of the agenda so representative Michaux can get his amendment today? [SPEAKER CHANGES] Representative Floyd this bill was a second reading last week, I think we've had ample time to get an amendment together if we want to run an amendment. I would want to go ahead and move this bill now. [SPEAKER CHANGES] Further discussion, further debate? Representative Michaux please state your purpose. [SPEAKER CHANGES] Just to ask the general a question. [SPEAKER CHANGES] Representative Hager does the gentleman yield? [SPEAKER CHANGES] I ...

...the gentleman yields. [SPEAKER CHANGES] Representative Hager, the last week when we discussed matter, didn't you indicate that you thought it was a good idea and you really carried over after its second reading so it could be done? And did you not make that statement last week? [SPEAKER CHANGES] Representative Shaw, I think I indicated that Representative Harrison was considering an amendment. I don't think I indicated either way. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to Senate Bill 547 on its third reading. All in favor vote aye, all opposed vote no. The Clerk will open the vote. The clerk will lock the machine and record the vote. Eighty-one having voted in the affirmative, twenty-eight in the negative. The House Committee Substitute to Senate Bill 547 has passed its third ready and will be returned to the Senate. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] Representative Fisher, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. To record, I would like to be recorded as having voted no on that last vote. [SPEAKER CHANGES] The lady will be recorded as having voted no on the Senate Bill 547. Senate Bill 321, the Clerk will read. [SPEAKER CHANGES] House Committee Substitute No. 3 for Senate Bill 321, a bill to be entitled An Act to Cap Reimbursement by Counties, to Make Additional Provisions Relating to Payment for Medical Services Provided to Inmates in County Jails, to Allow Counties to Utilize Medicaid for Eligible Prisoners, to Provide that Vacancies in the Office of District Court Judge Shall Be Filled by the Appointment of the Governor, and to Create a Private Right of Actions Against Notaries Who Violate the Notary Public Act. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] To send forth an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The Clerk will read. [SPEAKER CHANGES] Five, the five. [SPEAKER CHANGES] First amendment. [SPEAKER CHANGES] Representative Moore moves to amend the bill on page 2, line 7, by... [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, this is purely technical. Last week when this bill was on we removed the provisions with respect to the environmental laws and the corresponding change in the long title was not made. So would move the, move the adoption of the amendment. [SPEAKER CHANGES] Representative Ramsey, please state your purpose. Further discussion, further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Moore for the House Committee Substitute No. 3 of Senate Bill 321. All in favor vote aye, all opposed vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. One hundred and eleven having voted in the affirmative and none in the negative. The amendment passes. Representative Moore, please state your purpose. [SPEAKER CHANGES] To send forth a second amendment. [SPEAKER CHANGES] The gentleman may state the amendment number. [SPEAKER CHANGES] It's the only other one, it's A, I believe A-7 or B-7, however they have it. [SPEAKER CHANGES] The Clerk will read. [SPEAKER CHANGES] Is it ARK 73, is that... [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Representative Moore moves to amend the bill on page 3, lines 3 and 4 by rewriting the lines to read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you. Mr. Speaker, members, as you may recall last week this had to do with the provision of the bill that dealt with replacing the district court judges. There was a concern expressed by some about the 30 day waiting period. I spoke with Representative Glazier today and although I know he still doesn't support the bill, I believe even he likes this amendment because it, they think that, folks think this clears up any issues, so I know of no objection of the amendment. I would urge the body's adoption. [SPEAKER CHANGES] Representative Glazier, please state your purpose. [SPEAKER CHANGES] Briefly debate the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Representative Moore is right on both counts. Thank you. [SPEAKER CHANGES] The question before the House is the passage of the amendment sent forth by Representative Moore for the House Committee Substitute No. 3 of the Senate Bill 321. All in favor vote aye, all opposed vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. One hundred and twelve having voted in the affirmative, none in the negative. The amendment passes. We are now back on the bill, as amended. Representative Jackson, please state your purpose. [SPEAKER CHANGES] Inquiry of the Chair. [SPEAKER CHANGES] The gentleman may state his inquiry. [SPEAKER CHANGES] Did Representative Moore's first amendment change the title and if so, does that prevent third reading, our vote on third reading? [SPEAKER CHANGES] The House Committee's...Representative Moore, does the gentleman...

To explain the effect of the amendment. I want to thank you, Mister Speaker. Members, the third reading was delayed on this bill simply because the title was to have been changed in the amendment that passed last week. And, there was simply a drafting error in it. So the fact that what's been changed today is simply, at this point, is simply technical in nature in conforming to the subsequent change that was already made. It was my position that it should not delay the third reading, because it's not a material change. That's why we didn't do third reading last time, was for that very change. [SPEAKER CHANGES]The chair would rule the strictest interpretation of the rule that if any member object, we will carry it over to third reading. [SPEAKER CHANGES] I object. [SPEAKER CHANGES] Gentleman objects. The bill will be carried over to tomorrow. Send Bill 18 to ??. [SPEAKER CHANGES] We accept for Bill 18. The bill's been titled ??, the Locksmith Licensing Act, expanding the authority of the Locksmith Licensing Board to regulate institutional locksmiths in raising the ceiling on certain fees. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Robert Brawley, please state your purpose. [SPEAKER CHANGES] To explain the bill. [SPEAKER CHANGES] The Senate is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mister Speaker. Ladies and gentlemen, this was requested by the locksmiths. It strengthens the licenser for locksmiths. It makes it against the law to have tools that are normally possessed by locksmiths. Requires any locksmith who's working on a boating facility, mechanical, educational, criminal tax, or personal facility where there's locking required, to be licensed as a locksmith. Increases the penalty from a Class III to a Class I. And it authorizes the board to increase the fees up to 300. The stated intent of the board was to move up to 125. I know of no opposition and ask for your support for the Senate bill. [SPEAKER CHANGES] Representative Bill Brawley, please state your purpose. [SPEAKER CHANGES] I wonder if the gentleman from ?? would yield for a question. [SPEAKER CHANGES] Representative Robert of Brawley, this is gentleman ??. [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Gentleman ??. [SPEAKER CHANGES] Did I understand you to say that the mere possession of locksmith tools without a locksmith's license would now be a crime? [SPEAKER CHANGES] If it's for keying, yes sir. Keying, coating, the things that a locksmith has to have to do his job. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Representative ??, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] I have to oppose this bill, and I'll tell you why. Because I've been trained as a locksmith, though I don't have my license. And I have locksmith tools, and I have keying machines and all those things necessary to assist people. And I do help unlock locks for people, I've helped unlock their cars, and I just don't see where that should be illegal. If you have it for illegal purposes, you're caught breaking into a house of something, then there's already laws for that. But I just don't see where we need to make simple possession of tools that have been legal up to this point, illegal. And I'd ask that you would vote against this. [SPEAKER CHANGES] Representative Robert Brawley, please state your purpose. [SPEAKER CHANGES] To speak on the bill a second time. [SPEAKER CHANGES] The gentleman is recognized to debate the bill a second time. [SPEAKER CHANGES] I don't think you'll have a problem unless you're charging or you're working on one of the institutions I provided. I mentioned there's not a charge of practicing locksmith. And, I was also asked, how does this effect Walmart, institutions like that. Already exempted in the law, let me make sure I get it correct here, already exempted in the law are retail merchants who provide keys or keying or keep those tools and equipment on their premises. [SPEAKER CHANGES] Representative Stone, please state your purpose. [SPEAKER CHANGES] Thank you, Mister Speaker. He just answered my question. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] For a motion to debate the motion. [SPEAKER CHANGES] Mister Speaker. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Mister Speaker, I move that the bill be removed from the calendar and referred to the committee on rules and asked to be heard on that. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Thank you, Mister Speaker. Members, this, and I will admit this is the first time I've given a detailed reading to the bill was here, and I do think there may be some potential issues. But instead of taking up limited time for debate, it's something we can look at in Rules. And with respect from me, the bill be sent to the Rules Committee. [SPEAKER CHANGES] Without objection, so ordered.

Senator 182 the ?? query. The house community receptive for senator 182 of built entirely and actively eliminate appeals for infractions to modify appeals through the superior court in probation of revocation in which the defendant has waved a hearing and to amend the law pertaining to recent ?? reversal of sentence on a pallet review and to reclassify certain misdemeanor as infractions. [SPEAKER CHANGES] Representative Stan please state your purpose. [SPEAKER CHANGES] To ?? amendment after Representative Glazier explains the bill if I could be delayed on my recognition.[SPEAKER CHANGES]Representative Glazier please state your purpose. [SPEAKER CHANGES] To debate the bill.[SPEAKER CHANGES] The general has recognized to debate the bill. [SPEAKER CHANGES]Thank you mister speaker members this is a bill from senator Brunstead that the judiciary comity worked on quite a bit. I will explain a couple of provisions. There is two caviots. There is an amendment coming by Representative Stan which I agree to and senator Brunstead does as well but there is also an error we have caught in the bill that we are going to need to object to a third reading on to fix and I will explain that as we go through it. There are really three portions of the bill and i will sort of do it in reverse. Sections 4,5,and 6 of the bill are really ones that reduce some misdemeanors to infractions and these are all sort of cost saving measures agreed to through the conference of district attorneys and some others. Section 3 of the bill has also been worked on and has been agreed to by all parties and this does some limitation on re sentencing after someone is successful on a pallet review. And where they have a plea of guilty that is vacated and so it is very limited and only applies in that circumstance and trial lawyers are signed off on that part as well. On section 2 of the bill which is where the error is there is a limitation and again for time for someone who is in a district court on a district court criminal judgement has their probation revoked and in that case right now they have the opportunity to appeal to NOVO the superior court. this says no we are going to end that and your appeal is directly to the court of appeal. well the error is we had confined it in judiciary b and what is not contained in this draft to only those cases where the probation are in district court were waved the hearing so he says i am admitting it i am waving my hearing he shouldn't have two more shots at it this gives him his right to appeal to the court of appeals if there is a real error but doesn't take up superior court time on that change has to be made on third reading. The first section of the bill eliminates appeals directly for infractions but still keeps the right of someone who is found guilty or responsible of an infraction. If they claim any constitutional issues they still have the right to file a petition for discretionary view of those issues before the court of appeal or the supreme court. Hopefully this will save some court time and will allow judicial resources to be focused on all of the appeals from really serious criminal cases that we are not having the resources to do. E really don't know of no opposition and i think that everyone has pretty well signed off on most of this bill. Representative Stan does have an amendment and i apologize for not catching the correction which we will do on third reading on section 2. [SPEAKER CHANGES] Representative Stan was recognized to to import that an amendment ?? [SPEAKER CHANGES] Representative Stan moves to amend the bill on pay on line six by inserting after the comma the following [SPEAKER CHANGES] The Jones is recognized to debate the amendment [SPEAKER CHANGES] Thank you mister speaker the theme of this bill is speed up the procedures in the trial courts not to have a rush the justice but to not have duplicative appeals and unnecessary time. We want to get to the truth of the verdict sooner rather than later. And it over laps the bill 217 that this house passed about three months ago. And basically some of the provisions from that are here well this amendment removes something we did two years ago that gummed up the works a little bit for those of you that said we outta repeal laws before we pass them hey we are going to repeal two pages of statue all at one foul swoop and i think i actually voted for these two pages maybe even wrote them so it is even good to repeal your own bills but what they are they deal with motions for approtriate relief and what we did a couple years ago it have such a tight proceedure for superior court judges that it actually takes up more time for them to have to put them on a case than reading them with their feet up in their leisure with their feet up to get them done a lot quicker just at the request of the conference of the DA's just ends that micromanaging

[Speaker Change] Energy of what Superior Court Judges do. I urge you to pass the amendment. [Speaker Change] Further discussion, further debate on the amendment. If not, the request before the House is passage of the amendment set forth by Representative STTT for the House Committee Substitute of Senate Bill one eight two. All in favor vote aye. All those opposed vote no. The clerk will now open the vote. The clerk [???] machine will now record the vote. One hundred and eleven having voted affirmative. None in the negative. The amendment passes. Now we’re back on the Bill. Further discussion, further debate. Representative Michaux, please state your purpose. [Speaker Change] I’d like to ask Representative Galzier a question. [Speaker Change] Representative Glazier, does the gentlemen yield? [Speaker Change] Certainly. [Speaker Change] The gentleman yields. [Speaker Change] Representative Glazier, you and I were both in JB when this Bill and parts of it, sort of. [Speaker Change] Mix and match. [Speaker Change] Mix and match, yeah maybe. Let me ask you this, does the carry the portion in there where a person whose probation is revoked in district court has to appeal directly to the Court of Appeals? [Speaker Change] If, I’ll answer it this way. That’s the change that has to change tomorrow on third reading. It does say that but, what I think agreement was in committee was if the probationer waives his revocation hearing the appeal would directly to the Court of Appeals. If there’s not a waiver then it remains as is. And what we didn’t capture in the language was the waiver of revocation proceeding. [Speaker Change] Follow up. [Speaker Change] The gentlemen yield? Gentlemen yields. [Speaker Change] So I want to be, I want to be clear, that that the amendment that we are passing now simply allows that person who waives the hearing on his probation revocation in District Court, he cannot, his appeal is directed to the Court of Appeals and not to Superior Court. Is that correct? [Speaker Change] That’s correct. Yes, if a title is actually correct the provision is not. It’s sort of the reverse. Title’s fine, the provision is not fine and so what it should say is that if in fact you waive your probation revocation hearing in District Court, your appeal would then lie in the Court of Appeals. You don’t have the right to any de novo proceeding. If, if you don’t waive then it hadn’t changed and I think that’s what we didn’t capture and I talked to Representative Stam and he agrees with that. [Speaker Change] Okay, thank you. [Speaker Change] Representative Ramsey, please state your purpose. [Speaker Change] Question for Representative Glazier. [Speaker Change] Representative Glazier, does the gentlemen yield? [Speaker Change] I do. [Speaker Change] The gentleman yields. [Speaker Change] Representative Glazier, and perhaps I am slow like I am most days, but wouldn’t that not encourage the defendants to try these probation revocation cases in District Court because then they would get a second bite at the apple? And so this would actually encourage more hearings at the District Court level which we already have a tremendous volume of cases as it stands now. [Speaker Change] Representative Ramsey, I don’t think so because the current law provides that if you’re charged and sentenced in District Court your probation violation will be in District Court. And then you would, if you lost it, you could do de novo to Superior and then if you lost it you could go to the Court of Appeals. What this would say is, you still start out in District Court if you’re a District Court violation but if you’ve waived your hearing and you said, you know I’m guilty, you don’t get to say, well I really don’t like the fact you would then revoke my probation so I’m going to delay time and I’m going to appeal to Superior Court and that will give me a couple of months until that is scheduled and then go to the Court of Appeals. This would say, no if you waive it, you have given up your right to a second shot and you only get your appeal to the Court of Appeals which you would have accordingly now. So it really eliminates one step for the person who has waived their rights. They don’t get to reconsider their waiver. [Speaker Change] Representative Michaux, please state your purpose. [Speaker Change] To speak on the Bill. [Speaker Change] The gentleman is recognized to debate the Bill as amendment. [Speaker Change] Yes. Mr. Speaker, ladies and gentlemen of the House, the Bill is now probably in the best shape it’s going to be in. There was a concern that the District Court not being a court of record is going to be difficult to go from there to the Court of Appeals in a situation where probation was revoked without a waiver. With the waiver in there, with that in there and with the matter remaining the same as it is now, the Bill seems to be in fairly decent shape. I suggest you support it. [Speaker Change] Further discussion, further debate. If not, the request before the House is the passage of the House Committee Substitute, the Senate Bill one eighty two as it’s amended on its second reading. All in favor vote aye. All…

The clerk will open the vote. The clerk will let the machine record the vote, 112 having voted affirmative, none in the negative. The House Committee substitute to Senate Bill 182, as amended, has passed its second reading and will remain on the calendar. Ladies and gentlemen of the House, without objection, Senate Bill 480 will be removed from today’s calendar and recalendared for tomorrow. Is there objection? So ordered. Ladies and gentlemen of the House, without objection, Senate Bill 515 will be removed from today’s calendar and recalendared for Wednesday. Is there objection? So ordered. Notices and announcements. Representatives Lewis and Moore are recognized to send forth the committee report. The clerk will read. [SPEAKER CHANGES] Representatives Lewis and Moore, for the Elections Committee, Senate Bill 317, Gilford School Election System. Favorable as to the House Committee substitute, unfavorable as to the Senate Committee substitute. [SPEAKER CHANGES] House Committee substitute, calendar; Senate Committee substitute, unfavorable calendar. Representative Boles is recognized to send forth the committee report. The Clerk will read. [SPEAKER CHANGES] Representative Boles for the Commerce and Job Development Sub-Committee on Alcoholic Beverage Control. Senate Bill 470, no beer or wine if permit revoked or suspended, favorable. [SPEAKER CHANGES] Calendar. Notices and announcements. Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, I move that the House do now adjourn. Actually, if I could make an announcement first. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] Mr. Speaker, the Rules Committee will meet tomorrow morning at 10 a.m. The Rules Committee will meet at 9 a.m. because we do have-- I guess the Rules Committee will meet at 9:30. We’ll see what we get through, but we may overlap a little bit. We do have a few bills. [SPEAKER CHANGES] And for a motion, unless there’s additional announcements. Representative Howard, please state your purpose. [SPEAKER CHANGES] Mr. Speaker, the Finance Committee will meet at 8:30 a.m. in Room 544. [SPEAKER CHANGES] Further notices and announcements. Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, I move that the House do now adjourn to reconvene on Tuesday, July 23rd, 2013 at twelve noon, subject to ratification of bills, receipt of messages from the Senate, committee reports, conference reports, re-referral of bills and resolutions, and modifications to the calendar. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative Howard, subject to ratification of bills, receipt of messages from the Senate, committee reports, conference reports, re-referral of bills and resolutions, and modifications to the calendar, to reconvene on Tuesday, July 23rd at 12 p.m. All in favor say aye. All opposed no. The ayes have it. The House stands adjourned.