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House | May 15, 2013 | Chamber | Session Part 2

Full MP3 Audio File

If the House will come to order please. Ladies and Gentlemen first off there are some bills on the calendar that may require expertise of either legislative staff or in one or two cases staff from the departments. The chair is going to allow staff to be available to the extent a member needs them to respond to any questions on, on the floor. Also ladies and gentlemen rule 12H. If I can have your attention because the newer members may not know. This rule 12H is the no coat rule. And without objection rule 12H is suspended. Is there objection? So ordered. Coats can be removed. House bill 341 the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 341. A bill to entitle and to enact to provide a tax credit for employers who participate in apprenticeship program approved by the Department of Labor. General Assembly of North Carolina enacts. [SOUND] [SPEAKER CHANGES] Ladies and gentlemen of the House the, I, I mentioned before we went into recess that the chair is going to try and use some discretion to move as many of the bills that we think we may have limited debate on ahead. It is was then any members right to object if I move ahead of the calendar to object. And then we would have to leave of the House in order to move ahead in the calendar. But I would go ahead and apologize in advance. I’m gonna use knowledge and a little bit guessing to try and move through some of the calendar items that I think we can move through quickly. If any member has an objection to it the chair would happy to honor any objection and then have the body rule. Representative Torbett is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker, members of the House. It is actually a pleasure to bring this to you. This bill is actually an act providing tax credits for employers who participate in an apprenticeship program approved by the Department of Labor. And it was very rare circumstance but I was thrilled to have both Commissioner Chere/g Barry/g and the Lieutenant General of the great state of North Carolina Van/g Forest help me present this in finance. They are very much behind this bill. Let me just give you some statistics to tell you what this bill would help do. [SOUND] The U. S. Bureau of Labor Statistics in 2012 annual average is showing employment of North Carolinians age 16 to 19 at 25.4%. It is 16% of those age 20 to 24. The U. S. Bureau of Labor Statistics stating 2011 averages for North Carolina because 2012 was not available yet. So that the unemployment for whites between the ages of 16 - 19 was 26.2% and 15.3% for those age 20 to 24. For African Americans age 16 – 19 the unemployment, unemployment rate was 47. [CROSSTALK] [SPEAKER CHANGES] Representative Larry Hall please state your purpose. [SPEAKER CHANGES] Would he yield for a question? [SPEAKER CHANGES] Representative Torbett does the gentleman yield? [SPEAKER CHANGES] I’d be delighted Mr. Speaker. [SPEAKER CHANGES] Representative Torbett do you know of any opposition to the bill? [SPEAKER CHANGES] None whatsoever. [SPEAKER CHANGES] And did it receive favorable report out of committees? [SPEAKER CHANGES] 110%. [SPEAKER CHANGES] Thank you very much. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of the House committee substitute to House bill 341 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. All members please record. The chair is going to allow a little latitude since this is the first vote. And without objection the chair is gonna direct the clerk to set as excused absences all members who are not present in the chamber. The clerk will let the machine record the vote. 106 having voted in the affirmative. Three in the negative. The House committee substitute to House bill 341 has passed its second reading, without objection will be read a third time.

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Rep. Cleveland. The clerk will lock the machine and record the vote. 113 having voted in the affirmative, 1 in the negative, the House committee substitute number 2 to House bill 109 has passed its second reading without objection, will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is the passage of House committee substitute number 2 for House bill 109 on its third reading. All in favor, say "aye?" [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no"? The "aye"s have it, House committee substitute number 2 for House bill 109 has passed its third reading and will be sent to the Senate. House bill 359, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 359, a bill to entitle an act to make changes to the administration state retirement system, that will extend the transfer of benefit options to participants in the 403b supplemental retirement plan, clarify the timing of social security offset for long term disability benefits, establish a 415 per ?? benefits preservation as allowed under Federal law and provide that domestic relations orders, dividing interests under the retirement system must be submitted on approved forms. General assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Collins is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. This bill has 4 parts, we got a great vote on this in 2 committees it's been heard in, State Personnel and Appropriations. First section simply extends transfer benefit options that were already available to people in the state 401k plan or the state 457 plan to the new state 403b plan, just to make that same for all participants. Second part clarifies the timing of social security offset benefits for long term disability, right now for some reason or another, the state offsets the money that social security disability's gonna pay you against your state disability benefit 1 month before social security actually pays you. We're gonna true it up and make sure that they don't offset until you're actually receiving the benefit from social security. Number 3, establishes a new account to keep money in for those people who are fortunate enough to be drawing a pension that is greater than that allowed by defined benefit plans under the IRC code section 415, and we're gonna actually do away with the privilege of receiving more than the IRC code says you should for retirees after January 1st, 2015. Just so you know, that's $205,000 for somebody 60 and up of retirement benefit. But we're also segregating the money to keep the state retirement plan more fiscally sound. Section 4 just requires people to use a certain form for domestic relations order to be recognized by the state to increase operational efficiency from the state itself. Appreciate your support on these technical changes to this plan. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House committee substitute to House bill 359 on its second reading. All in favor vote "Aye", all opposed vote "no", the clerk will open the vote. All members record now. Rep. Stam. Rep. Insko. The clerk will lock the machine and record the vote. 114 having voted in the affirmative, none in the negative, the House committee substitute to House bill 359, and without objection, will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House committee substitute to House bill 359 on its third reading. All in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no"? The "Aye"s have it, the House committee substitute to House bill 359 has passed its third reading and will be sent to the Senate. House bill 691, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 691, a bill to entitle an act to limit community college tuition for re-enrolling active duty service members so that the maximum rate shall not exceed available Federal tuition assitance. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Szoka is recognized to debate the bill. [SPEAKER CHANGES] Great bill, unanimous to committees, vote yes, thank you. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House committee substitute to House bill 691 on its second reading All in favor vote "Aye", all opposed vote "no", the clerk will open the vote. All members record now, Rep. Horn. The clerk will lock the machine and record the vote. 113 having voted in the affirmative, none in the negative, the House committee substitute to House bill 691 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the House committee substitute to House bill 691 on its third reading. All in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no"? The "aye"s have it. The House committee substitute to House bill 691 has passed its third reading and will be sent to the Senate. House bill 421, the clerk will read. [SPEAKER CHANGES] House bill 421, a bill to entitle an act removing certain described property from the corporate limits of the town of Marshville, General Assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Brody is recognized to debate the bill.

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Committee substitute for house bill 157, a bill to entitle a act to protect the taxpayers of North Carolina from the diversion of fuel taxes proceeds from non transportation uses by requiring that the unreserved credit balance in the highway fund be used for road-related uses. General assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Jeter is recognized to debate the bill. [SPEAKER CHANGES] This is a bill that's already passed transportation and appropriations with overwhelming support. It really adds a couple of words, but it simply adds two major, substantial words. Instead of other urgent needs for transfer allows, it says other urgent road construction and road maintenance is allowed. I'd urge the passage of the bill, and be happy to answer any questions. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is the passage of the house committee substitute to house bill 157 on its second reading. All in favor, vote aye. All opposed, vote no. The clerk will open the vote. All members, record now. Representative Holley. The clerk will lock the machine, record the vote. 113 having voting in the affirmative, none in the negative. The House Committee substitute to house bill 157 has passed in second reading without objection. Will be read a third time. [SPEAKER CHANGES] General assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is the passage of the House Committee substitute to house bill 157 on its third reading. All in favor, say aye. All opposed, say no. The ayes have it. The House Committee substitute to house bill 157 has passed its third reading. Will be sent to the senate. House bill 649, the clerk will read. [SPEAKER CHANGES] Committee substitute for house bill 649. A bill to be entitled an act to make technical changes to the small employee of group health coverage reform act to mitigate the effects of the Federal affordable care act on North Carolina's small businesses, and to codify a court finding. General assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Collins is recognized. [SPEAKER CHANGES] Thank you, Mr. Speaker. This bill does exactly what the title says. We had, I think 118 people vote for this on the second reading. I would ask you to vote for it again on the third reading. Thank you very much. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is the passage of the House Committee substitute to house bill 649 on its third reading. All in favor will vote aye. All opposed will vote no. The clerk will open the vote. Representative Riddell, does the gentleman wish to record? The clerk will lock the machine, record the vote. 113 having voting in the affirmative, and none in the negative. The House Committee substitute to house bill 649 has passed its third reading, and will be engrossed and sent to the senate. House bill 855. The clerk will read. [SPEAKER CHANGES] Committee substitute for house bill 855. A bill to entitle an act to amend the definition of abused juveniles to include a minor was a victim of human trafficking, to provide that mistake of age and consent of a minor are not defenses to prosecution of an offense of human trafficking, and to require mandatory restitution for victims of human trafficking, to provide that a minor shall not be prosecuted for the offense of prostitution, to provide for the expunction of certain persons convicted of prostitution, to provide that a person with one conviction for prostitution that is the result of being a human trafficking victim is eligible for victim's compensation, to make educators aware of human trafficking issues, and to provide resources and materials on human trafficking to educators and for distribution to school personnel, students and parents, and to direct the department of health and human services to establish a central hotline for reporting suspected cases of human trafficking. General senate of North Carolina enacts. [SPEAKER CHANGES] Representative Schaefer is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker, ladies and gentlemen. You just heard the bill, basically. I learned very quickly in committee this morning that there is no opposition to this bill, at least not that I'm aware of. Do you want to just very briefly state what it does is that it really tightens down on our human trafficking laws, specifically as it relates to minors and victims of the sex trafficking. Provides for compensation, restitution, things like that. Two things of note. What it does is that it calls for education in the schools on these issues of human trafficking, so that students can be educated and know if they're getting involved in something that might be sex trafficking, and to protect them against that. It also provides for a statewide hotline. That is something that was particularly requested by organizations that work in the anti-trafficking field. So, with that I urge support of the bill. [SPEAKER CHANGES] Representative Hamilton, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Just want to offer my support for the bill, and to remind

everybody that there'll be a larger, more comprehensive human trafficking safe harbor bill coming over from the senate side. We had an identical bill in the house and I urge your support. [speaker changes] Representative Stam, please state your purpose. Further discussion. Further debate. If not, the question before the house is the passage of the house committee substitute to house bill 855 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. All members record now. Representative Cleveland. The clerk will lock the machine and record the vote. 113 having voted affirmative, none in the negative. The house committee substitute to House Bill 855 has passed its second reading without objection. It will be read a third time. [speaker changes] General Assembly from North Carolina enact. [speaker changes] Further discussion? Further debate? If not, the question before the house is the passage of the house committee substitute to house bill 855 on its third reading. All in favor say aye. All opposed say no. The ayes have it. The house committee substitute to house bill 855 has passed its third reading. Will be sent to the senate. House Bill 868, the clerk will read. [speaker changes] House Bill 868, a bill to ?? enacted to repeal unnecessary statutes making ?? changes to the general statutes, clarify operations and over sighted certain residential schools formerly governed by the department of health and human services. General assembly of North Carolina enacts. [speaker changes] Representative Martin, please state your purpose. [speaker changes] to explain the bill. [speaker changes] The lady is recognized to debate the bill. [speaker changes] Thank you, Mr. Speaker. Members of the house, I worked on this. It came as a request of the department of public instruction based on the move last session of the residential schools, the two deaf schools, and the blind school from the department of health and human services to the department of public instruction. These are clarifying changes and changes to reflect how we are attempting to operate those schools now. There is some work on the language that drafting and DPI are coming together on that we inted to put into a committee substitute on the senate side. This is really just a technical correction in a department bill, I ask for your support. [speaker changes] further discussion? further debate? If not, the question before the house is the passage of house bill 868 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. All members please record. Representative Brandon. Representative Malone. The clerk will lock the machine and record the vote. 113 having voted the affirmative none in the negative. House Bill 868 has passed its second reading without objection. Will be read a third time. [speaker changes] General assembly of North Carolina enacts. [speaker changes] Further discussion? Further debate? If not, the question before the house is the passage of house bill 868 on its third reading. All in favor say aye. All opposed say no. The ayes have it. House Bill 868 has passed its third reading and will be sent to the senate. House Bill 840, the clerk will read. [speaker changes] Committee substitute for House Bill 840. Bill entitled to enacted to establish a task force on educational services for children who are deaf or hard of hearing. General assembly of North Carolina enacts. [speaker changes] Representative Martin please state your purpose. [speaker changes] To debate the bill. [speaker changes] The lady is recognized to debate the bill. [speaker changes] Thank you Mr. Speaker. This is a followup to the bill we just passed that part of the transition is still work in progress and you'll see this is a completely rewritten proposed committee substitute from something that was division of the deaf education and we've been working with the department of public instruction on this transition and other members. Representative Gene Farmer Butterfield and Hugh Blackwell who have the residential schools in our area and I'm happy to report we are working very well together and we want to make sure we have input from all of the stakeholders and that is the purpose that we can accomplish this movement more successfully. I urge your support. There is no opposition to the bill. [speaker changes] Further discussion? Further debate? If not, the question before the house is the passage of the house committee substitute to the house bill 840 on its second 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. 112 having voted the affirmative, none in the negative. The house committee substitute to house bill 840 has passed its second reading and without objection, will be read a third time. [speaker changes] General representative of north carolina enact. [speaker changes] Further discussion, Further debate. If not, the question before the house is the passage of the house committee substitute to house bill 840 on its third reading. All in favor say aye. All opposed say no. The ayes have it. The house committee substitute to house bill 840 is passed its third reading and will be sent to the senate. House bill 857, the clerk will read. [speaker changes] committee substitute number 2 for house bill 857, a bill that's been ?? enacted authorizing public contracts to utilize the design build method or public private partnership construction contracts. General assembly of North Carolina enacts. [speaker changes] Representative ??, state your purpose. [speaker changes] to speak on the bill. [speaker changes] The gentleman is recognized to debate the bill [speaker changes] Thank you Mr. Speaker. I rise to support this bill. This bill is the consensus bill . We've worked and have the endorsement of the North Carolina league

[0:00:00.0] …The municipalities North Carolina Association and County Commissioners and North Carolina Chamber of Commerce, North Carolina AGC, the Sub-contractors which are illogical contractors ___[00:09] mechanical. The Fire Sprinkler Association of North Carolina Student minority and Economic Development architects, engineers, and the university general government, the Department of Administration take instruction office, Government office, Treasury Office and minority business interest. This is a consensus bill I ask for your support. [SPEAKER CHANGES] Representative Halley please state your purpose. [SPEAKER CHANGES] To speak to the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] I just wanna to comment Representative Arp and the committee for working on this bill is an excellent bill I ask for your support. [SPEAKER CHANGES] Further discussion further debate, if not the question before the house is the passage of the House Committee Substitute to House Bill 857 on its second reading, all in favor will vote aye, all oppose vote no the clerk will open the vote. The clerk will lock the machine and record the vote. 112 having voted in the affirmative and none in the negative the House Committee Substitute #2 to House Bill 857 has passed its second reading without objection will be read third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion further debate, if not the question before the house is the passage of the House Committee Substitute #2 for House Bill 857 on its third reading, all in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose say no, the ayes have it, the House Committee Substitute #2 for House Bill 857 has passed its third reading and will be sent to the Senate. House Bill 793 the clerk will read. [SPEAKER CHANGES] Committee Substitute #2 for House Bill 793: A bill to be entitled an act providing that certain condominium and planned community associations shall obtain and maintain a fidelity bond insuring the associations from losses resulting from theft or dishonesty committed by members of the executive board or persons employed by the associations, providing that any management agent or company hired by an association shall at all times be covered by a fidelity bond, and providing financial audit requirements for associations. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stein please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker this bill is simply something that will allow home owners to have protection and Home Owner Association Boards so protects and after any wrong doing with their boards, I urge you to support this bill. [SPEAKER CHANGES] Further discussion further debate, if not the question before the house is the passage of House Committee Substitute #2 for House Bill 793 on its second reading, all in favor will vote aye, all oppose vote no, the clerk will open the vote. All members please record Representative Insko the clerk will lock the machine and record the vote. 113 having voted in affirmative and none in the negative, the House Committee Substitute #2 for House Bill 793 has passed its second reading without objection it will be read at third time. [SPEAKER CHANGES] General assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion further debate, if not the question before the house is the passage of the House Committee Substitute #2 to House Bill 793 on its third reading, all in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All oppose say no, the ayes have it the House Committee Substitute to House Bill 793 has passed its third reading and will be sent to the Senate. The House Bill 901, the clerk will read. [SPEAKER CHANGES] House Bill 901: A bill to be entitled an act to direct the legislative research commission to study the need for legislation to better protect the right of persons to be paid for improvements to real property under a contract with the tenant, the General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Horn please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] This bill passed judiciary B or C unanimously it’s a study bill just to work out the relationship on how contractors get paid when they contract for services with a ___[04:08] instead of the property owner and then the ___ disappears. Thanks very much to support the bill. [SPEAKER CHANGES] Further discussion further debate, if not the question before the house is the passage of House Bill 901 on its second reading, all in favor will vote aye, all oppose vote no, the clerk will open the vote. The clerk will…Place Representative Queen for an excuse to absence. The clerk will lock the machine and record the vote. 113 having voted in the affirmative and none in the negative the House Bill 901 has passed its second reading without objection will be read third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion further debate if not the question before the house is the passage of House Bill… [0:04:59.8] [End of file…]

901 in its third reading, all in favor say aye, all opposed say no. The ayes have it, house bill 901 has passed its third reading and will be sent to senate house bill 936 the clerk will read {SPEAKER CHANGES}?? number two for house bill 936 bill to be titled an act to stature wild life poacher reward fund to pay rewards to persons who give information to law enforcment authorities that results in the arrest and convictions of persons who commit serious wildlife violations that authorized the use of compensation paid to the wildlife resources commission as conditions of an offenders probations as assets of the fund General seanator of North Carolina to enact. {SPEAKER CHANGES} Representative Faircloth is recognized to abate the bill {SPEAKER CHANGES}Thank you Mr. Speaker. This is a bill that comes at the request of legal sportsmen of North Carolina, no those that poach, this sets up a fund in the state treasurer which will create funds to pay rewards for people who assist law enforcement in locating poachers of particularly the big game in North Carolina, but also fish and small wildlife. Its self funding in that the fees paid by the probation fees paid by the offenders will be paid into the fund and managed by the wildlife resources, and they do support it. {SPEAKER CHANGES} further discussion, further debate. If not the question before the house representative put the question come to you on third reading. The question before the house is passage of house comittees substitute number 2 to house bill 936 on its second reading. All in favor vote aye, all opposed vote no, the clerk will open the vote. The clerk will let the machine record the vote. 112 having voted affirmative one in the negative. The house committee sustitute number two to house bill 936 has passed the second reading without objection will be read a third time. {SPEAKER CHANGES}?? Representative enact {SPEAKER CHANGES} Representative collins please state your purpose. {SPEAKER CHANGES} Can I ask the bill sponsor a question? {SPEAKER CHANGES} From Senator Faircloth does the gentleman yield? [SPEAKER CHANGES} I do {SPEAKER CHANGES}?? I thought about this yesterday I wasn't going to ask this until your last sentence there, I assuming the people committing these offenses would include spotlighiting deer and doing things like that, which are obviously illegal. {SPEAKER CHANGES} Yeah, it could be, its up to the wild life people how they apply their rewards they will pick what are the serious offenses {SPEAKER CHANGES} One follow up {SPEAKER CHANGES} Does the gentlman yield? {SPEAKER CHANGES}The gentleman yields {SPEAKER CHANGES} It bothered me when you said fish ??, I'm trying to think of a real life situation. I'm fishing in a body of water I can keep speckled trout maybe from 22 to 27 inches or something and I cath on that's 29 inches and I don't have a yard stick or the thing shrinks up by the time the wildlife officer catches me, I think I'm lega and I'm not, is that a serious enough offense to fall under this category? {SPEAKER CHANGES} I would certainly hope not unless you have a cousin that doesn't like you. {SPEAKER CHANGES} O.K. thank you {SPEAKER CHANGES} Representative Collins the chairmen recognize is probably slightly before I put the question that you were asking that question so if the gentlman wishes to change his vote on the second reading it will be allowed. So gentleman recording as voting aye. Further discussion, further debate? If not the question before the house is the passage of the house committee substitute number two, to house bill reading 936 on its third reading. All in favor say aye, all opposed say no. The ayes have it the house committe substitue number two to house bill 936 has passed its third reading and will be will be sent to the senate. House bill 112 the clerk will read {SPEAKER CHANGES}Commit substitute for house bill 112 a bill ?? an act requiring a state controller government business intelligence competence center enhance the state's enterprise level business intelligence through the collection and analysis of data from various state agency related through worker's compensation insurance coverage and claims for the purpose of fraud prevention and detection as recommended by the joint legislator comittee on worker's compensation insurance coverage compliance and fraud prevention and detection. General Senator of North Carolina enact {SPEAKER CHANGES}Reprsentative recognized to debate the bill {SPEAKER CHANGES} Thank you Mr. Speaker, members of the house the bill does exactly as the title indicates, no oppostion we appreciate your support. {SPEAKER CHANGES} Further discussion, further debate? If not the question before the house is the passage the house committee sustitute, the house bill 112 on its second reading. All in favor vote aye all opposed vote no, the clerk will open the vote. All members please record: Representative George ?? The clerk will let the machine... Representative Howard, the lady will be recorded as voting aye, the lady will be recorded as voting aye. The clerk will allow the maching to record the vote.

113 having voted in the affirmative and none in the negative the House committee substitute House bill 112 has passed its second reading without objection and will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion. Further debate. If not the question before us is the passage of the House committee substitute to House bill 112 on its third reading. All in favor say aye. All opposed say no. The ayes have it. The House committee to substitute to House bill 112 has passed its third reading. Will be sent to the Senate. Ladies and gentlemen of the House the chair is happy to extend a warm welcome and a courtesy of the gallery on behalf of all the members and especially the members from Wake County. A courtesy of the galleries to Miss Riley, Marcy Trivett. Please stand. Welcome. Representative Blust is recognized and sent forth committee report. The clerk will read. [SPEAKER CHANGES] Representative Blust for the Judiciary subcommittee A House bill 3622 Department of Public Safety changes ?? Committee Substitute number 2 unfavorable release of the committee substitute number 1 [SPEAKER CHANGES] Committee substitute number 2 calendar. Committee substitute number 1 unfavorable calendar. Representative Blust is recognized sent forth committee report. The clerk will read. [SPEAKER CHANGES] Representative Blust for the Judiciary subcommittee A House bill 751 North Carolina religious freedom restoration act favorable calendar. House bill 683 Common Sense consumption act favorable is committee substitute unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar original bill unfavorable calendar. [SPEAKER CHANGES] House bill 846 Job and Education privacy act favor is the committee substitute unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar original bill unfavorable calendar. [SPEAKER CHANGES] House bill 982 Modify Medicaid subrogation statute favorable as to the committee substitute unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar original bill unfavorable calendar. [SPEAKER CHANGES] Representative Sarah Stevens is recognized sent forth committee report. The clerk will read. [SPEAKER CHANGES] Representative Stevens, Judiciary subcommittee C, House bill 711, Define parental rights, standard statutory law favorable is the committee substitute unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar original bill unfavorable calendar. [SPEAKER CHANGES] Representative Sarah Stevens is recognized sent forth committee report. The clerk will read. [SPEAKER CHANGES] House bill 695 Farm Law protect constitutional rights favorable is the committee substitute unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar original bill unfavorable calendar. [SPEAKER CHANGES] Mister speaker. [SPEAKER CHANGES] Representative Moore please state your purpose. [SPEAKER CHANGES] Motion to pertaining to tonight’s calendar. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mister speaker move the House bill 273 short title: Charter school/LEA Accounting of Funds be added to tonight’s calendar. [SPEAKER CHANGES] Without objection. So ordered. The House be at ease. [SPEAKER CHANGES] House bill 182. The clerk will read. [SPEAKER CHANGES]Committee substitute for House bill 182. A bill to be entitled an act to establish the joint legislative efficiency and cost savings in State Government study commission, as recommended by the LRC committee on efficiencies in state government. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative ?? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Mister Speaker this is a bill as was said that was recommended by joint committee on efficiencies in state government, Essentially what it would do is establish a commission to practice using zero base budgeting . We would start with two state agencies. One of them would be under the purview of the Governor and one would be a counsel of state agency. We had the same bill pass the House almost unanimously last year but the Senate did not get to it. We had a strong vote in appropriations and I hope that you all will approve it again today. [SPEAKER CHANGES] Further

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A third option, and that is this B-corp. And I would say to you on a revenue side that's probably a good thing. Some group of people choosing to be about an enterprise are now going to be picking, rather than picking a non-profit organization they're going to get to pick a for-profit corporation that still allows them to do what they do. And so it is good in a revenue sense. Some range of corporations can be for-profit and thus give us revenue. There is a lot of web chatter continuing as up to the minute about this bill. What I just find amazing is that there is some perspective that this bill is some sort of hidden agenda 21 driven bill. Let me respond to that. Republican Governor Haley of South Carolina, [??] or Louisiana, Corbit [SP] of Pennsylvania, McDonald of Virginia have all supported this bill. The sponsors of the bill - and this is going to cause some of my democratic friends to probably go, oh, maybe I shouldn't be on this bill. The sponsors of the bill and most of the - two of the states that I've mentioned were graduates of Bob Jones University. This is not a conservative or liberal bill at all, it's actually an entrepreneurial bill. If you haven't noticed, those coming up younger than us want to make profit but they want to be about doing good things, and this type of corporation allows them to do that. And I want to give you one quick personal story. As you all know I was a summer camp director not that long ago and 25 years ago when I was a lot younger I wanted to buy a camp, and I was caught in this conundrum between do I want to be a for-profit, yeah, I want to be a for-profit, but I want to do things like give kids the opportunity to take risks so that they can grow into adults in the right way. But it would have been easy to be a non-profit but am I going to put money into a non-profit? No. On the other hand, if I had a bunch of investors in my corporation, let's say I got my mother, my brother, my sister all in the corporation, we all agree on this thing. My brother gets married, my sister gets married, my brother gets divorced, my sister dies. Now I've got two members of my corporation probbaly who've got their stock form their spouses who may not share the enthusiasm for the cause that I might have here. If I had been able to have a B-corp I would have never had that problem. I could invest the money that an entrepreneur puts in his business and at the same time be about the good purpose that I was about. Let me tell you there's 14 states that have already approved this. Delaware has already passed it through one house and I'm told that it will become law. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Michaux please state your purpose. [SPEAKER CHANGES] Would the gentleman yield for a question? [SPEAKER CHANGES] I will. [SPEAKER CHANGES] Representative McGrady does the gentleman yield? He yields. [SPEAKER CHANGES] Representative McGrady you remember how this bill came out at committee? [SPEAKER CHANGES] How did it come out of committee? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] It had a very strong vote, I don't remember exactly the vote but it was a huge vote in the two committees that it was in. [SPEAKER CHANGES] Was it almost unanimous? [SPEAKER CHANGES] In one of the two committees it was nearly unanimous, the other ones there were some [??] votes. [SPEAKER CHANGES] Ladies and gentleman if anticipating where Representative Michaux is going and seeing lights on the chair is aware of five amendments that the chair understands the bill sponsor supports. [SPEAKER CHANGES] I will agree to all five amendments. [SPEAKER CHANGES] The chair would perhaps request that the bill sponsor maybe yield his remaining time to debate the bill after those amendments are taken up? [SPEAKER CHANGES] That's certainly appropriate, thank you.

all others, except for those who intend to send forth amendments, will their lights off. The chair will entertain the amendments first then we’ll go back to the bill. Representative Stam, please state your purpose. . [SPEAKER CHANGES] To offer an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Stam moves to amend the bill on page 2, line 4 by. [SPEAKER CHANGES] Representative Stam, is recognized to debate the amendment. [SPEAKER CHANGES] Yes, one of the objections to the bill is the third party standard in there and it’s sort of vague and has raised hackles. This amendment just takes that issue off the table by taking out the third party standard. I urge you to adopt the amendment. [SPEAKER CHANGES] Further discussion, further debate on the amendment. Ladies and gentlemen, again, the chair would advise all members that the bill’s sponsor is in favor of all these amendments, unless the bill’s sponsor is inclined to clarify, it will be clear that the bill’s sponsors are in favor of this amendment. Further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Stam to the House committee substitute of House Bill 440. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members please record. The clerk will lock the machine and record the vote. 100 having voted in the affirmative and 5 in the negative, the amendment passes. Representative Jordan please state your purpose. . [SPEAKER CHANGES] Thank you Mr. Speaker. To send forth an amendment. [SPEAKER CHANGES] The gentleman will state which amendment. [SPEAKER CHANGES] Number 25. [SPEAKER CHANGES] Number 25. The clerk will read. [SPEAKER CHANGES] Representative Jordan moves to amend the bill on page 4, line 7 by rewriting the line to read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. I realize the sponsor’s in favor of all these amendments, I believe he thinks that the Senate might take them out. This amendment would make this new corporation statute parallel to our current limited liability company. when it has a conversion it requires a unanimous vote, not 90%, that’s what this amendment will do. Make it unanimous and parallel with our current LLC statutes. Thank you. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Jordan for the House committee substitute of House Bill 440. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members record now. The clerk will lock the machine and record the vote. 93 having voted in the affirmative and 16 in the negative, the amendment passes. Representative Jordan, please state the amendment you’d like to have sent forward. [SPEAKER CHANGES] Thank you, Mr. Speaker. Number 26. [SPEAKER CHANGES] Amendment number 26. The clerk will read. [SPEAKER CHANGES] ARO-26B1, Representative Jordan moves to amend the bill on page 7, line 10 by rewriting the line to read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. This amendment is on page 7, if you will notice there, there is some sort of benefit enforcement proceeding that is set up in this new corporation where a shareholder can sue if the corporation is not doing what the shareholder thinks it should be doing. The whole purpose of this new B corp is that all of these members are in favor of not just profit, but some other ambiguous social criteria so I think that what they should do is every individual shareholder should have the ability to sue not just holder of 5% of the entire corporation. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of the amendment sent forth by Representative Jordan for the House committee substitute of House Bill 440. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members record now. Including the amendment sponsor. The clerk will lock the machine and record the vote. 84 having voted in the affirmative and 25 in the negative, the amendment passes. Representative Jordan please state the amendment you’d like to have read. [SPEAKER CHANGES] Number 27, please. [SPEAKER CHANGES] Amendment number 27. The clerk will read. [SPEAKER CHANGES] ARO-27. Representative Jordan moves to amend the bill on page 5, lines 29 through 32 by deleting the lines and renumbering the remaining subdivisions accordingly. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. You really should read this bill and see why I’m making all these amendments. This one is particularly interesting. On page 5, if you look at what I’m doing, this new corporation is setting up a standard that in discharging their duties as directors, directors shall consider the effects of any action or decision not to act upon the following and there is a list of things there, my amendment...

removes number four and number five. Number four says the local community and society including the interests of each community in which offices or facilities of the benefit corporation, its subsidiaries or suppliers are located, and number five which says consider the local and global environment. Talk about ambiguous things in a bill. That's why I'm doing this amendment to get those out. Thank you Mr. Speaker. [SPEAKER CHANGES] Further discussion further debate on the amendment. If not the request before the House is the passage of the amendment sent forth by Representative Jordan for the House Committee substitute of House Bill 440. All in favor vote aye all opposed vote no. The clerk will open the vote. All members please record. Representative McNeill. The clerk will allow the machine to record the vote. 89 having voted affirmative 20 in the negative the amendment passes. Representative Jordan please state your purpose. [SPEAKER CHANGES] For one final amendment. [SPEAKER CHANGES] The amendment number? [SPEAKER CHANGES] Number 28. [SPEAKER CHANGES] Amendment number 28 the clerk will read. [SPEAKER CHANGES] ARO 28. Representative Jordan moves to amend the bill on page 5 line 13 by deleting the word may and substituting the word shall. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you Mr. Speaker. If you do look at this bill there's several definitions at the beginning that are troublesome. One of them on page 2 line 3 says general public benefit. A material positive impact on society and the environment taken as a whole as measured by a third party standard from the business and operations of a benefit corporation and number line 31 that same page defines a specific public benefit purpose a corporate purpose conferring any particular benefit on society or the environment including but not limited to any of the following and there's a list of things. This amendment on page 5 talks about the corporate purposes and what I'm doing there requiring that a corporate purposes have one of these general benefits that was discussed in that earlier definition or psuedo definition and it also says a specific benefit. This amendment requires that a corporation a big corporation have a specific benefit in its purpose which right now it says may I'm changing that to shall which matches the section A above it that a benefit corporation shall have a general public benefit. Thank you Mr. Speaker. [SPEAKER CHANGES] Further discussion further debate on the amendment. If not the request before the House is the passage of the amendment sent forth by Representative Jordan for the House Committee substitute of House Bill 440. All in favor vote aye all opposed vote no. The clerk will open the vote. All members record. The clerk will allow the machine to record the vote 98 having voted the affirmative one of the negative the amendment passes. Are there any other members in the chamber who intend to send forth an amendment? If you do please rise. Representative Brawley please state your purpose. [SPEAKER CHANGES] Mr. Speaker I've got some amendments but I agreed with the sponsor to object to a third reading and do it tomorrow. [SPEAKER CHANGES] Representative Moore please state your purpose. Representative McGrady please state your purpose. [SPEAKER CHANGES] As you can tell I'm amenable to working with people. I guess I wish my co-chair had made the amendments in a committee but that's OK. To finish the story by the way my brother did get married but didn't die. My wife my sister didn't get married and my mother left me the stock so I never had that problem. I was able to run what is essentially a B corp type of corp is a for profit and if you look in Time magazine some years back now my camp was not noted as if you're going to do everything right in raising young men you ought to go to Falling Creek Camp. But I shouldn't have been put to that purpose. This is a good bill. Other states have adopted it. When Delaware adopts it soon we will we'll be behind. South Carolina and Virginia are already advertising this. They've got B corps and North Carolina doesn't. This is an entrepreneurial bill and I urge you to support it. [SPEAKER CHANGES] Representative Jordan please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] Gentleman is recognized to debate the bill as amended. [SPEAKER CHANGES] Thank you Mr. Speaker. I greatly appreciate the sponsors' work on this. We've talked about this late at night in our adjoining offices and I certainly understand his situation. I simply disagree with him on this particular issue. I hope that I've pointed out some of my concerns with

one of my amendments. Colleagues, the concept of benefit corporations is designed to transform not only the business culture, away from our free enterprise profit motivated system, but to transform all of society's value and behavior through a philosophy that's imbued with criteria of sustainable development, which is in effect government approved development and social equity. A legal benefit corporation agrees to be certified by an independent third party. We had a big discussion about LEED a couple of days ago. This is going to be another third party certifier which will [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Jeter, please state your purpose. [SPEAKER CHANGES] To see if the speaker will yield to a question. [SPEAKER CHANGES] Representative Jordan, does the gentleman yield? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] If I remember correctly the Stam Amendment removed the third party reference you just spoke about. Correct? [SPEAKER CHANGES] That's correct. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] To continue on, because I know that the bill sponsor is going to have friends over in the Senate take care of all these amendments I know that that will get back in. A benefit corporation that's legalized by State legislation allows corporations to divert profits from shareholders in order to pursue environmental and social humanitarian missions. H440 states that government may legally recognize corporations in subjective social moral areas where government has no authority. The problem here friends is we have tons of entities in this state that can be used for all kinds of purposes. Representative McGrady discussed them. We've got foundations, trusts, LLC's, C Corps, S Corps, non-profits. There's lots of ways to do lots of things to help your community, your environment, your shareholders, your family, however you'd like to. Preparing a new corporation like this which I think it's on both the ALEC list and the NSL list so I don't know if that's a good thing or a bad thing, so you decide for yourself, I think there are a lot of troubling questions to this and I would urge that you vote against this. Thank you Mr. Speaker. [SPEAKER CHANGES] Representative Bumgardner, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill as amended. [SPEAKER CHANGES] Thank you. So the bill sponsor contradicted himself a couple of times when he said we have corporations that are for profit and we have some that are not for profit and this one was for profit one time and then it was not for profit another time and I think we're opening a can of worms here if we don't know where this is going to lead. We just made a whole bunch of amendments to a bill that we just got a day or two ago. We don't really know what's in it. Now we really don't know what's in it and we heard that when it goes to the Senate it's going to really get fixed so that it's going to be totally unrecognizable from what it is now and I can't support something like this because you don't know what's in this really and what it's going to do and I haven't had time to look at it and study it, not that that makes any difference, but I can't support this thing. [SPEAKER CHANGES] Representative Daughtry, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] I've been around practicing law a long time and I did not know about anything but C Corporations when I started and all of a sudden everyone was a C Corporation because you got the beneficial limited liability and other things that we were told in law school to advise your clients that people who wanted to be a corporation, a C Corporation, was the thing to do and then a little later the S Corporation came along and that was the trend. Instead of a C Corporation you suggest to your clients let's have an S Corporation and that went through the 70's and 80's until recently the vogue now is the LLC's and the LLP's. This gives you limited liability and you can advise a client that this is a way that you might want to consider as a vehicle to run your business. In the last 15 years we've seen a change in our economy because a lot of people have become very rich. People who have got into IT for example, Microsoft, I saw Bill Gates on television on Sunday night. He has $67 billion that he has made and he feels a real obligation to give back to the world and so he wants to eradicate malaria, polio, and four or five other diseases throughout the world. And I think that you're seeing that capitalism would like to help those areas where it can. People want to do good things. Fred Fletcher who hired Jesse Helms is interested in a B Corporation. There's a man in Durham who had a column

him those people that were drug addicts, because nobody else will. and then he got on the work and they started moving people from one house to another, and all of a sudden they got to be very good at it in and started making money and they started all kinds of things. it's a wonderful thing, and that's a perfect example of a beautiful voice, but the last example was Paul Newman is a guy who made a lot of money in the movies is interested in creating chaps for people that children that were disabled, so a soul salad dressing and took the money from the salad dressing that you may and created these chaps show, there's nobody that gets into a big corporation that is forced to you. don't come to alarms off the site. I've got a gun that he got a join you going to be a stockholder Niigata beer director is all volunteer is something you may do or you may not be it. there is no sinister motive. but I think they got it. as I voluntary cooperation. if you could advise people that they may select to do or might not. the difference between a big corporation of the city Corporation is that you are as a director, you are issued, which tries hard. you can't maximize profits in this particular corporation, you'll have to maximize profit. you can do something else. you could run a chair if you spend the money different ways, but is voluntary. these are people that are looking after their money, their Corporation and they are going in the catholicity, white, and they're paying taxes. I can imagine why. if someone wants to do this voluntarily. if you would be be opposed to this is not some strange thing is that you will answer to recognize observers and is making a difference in South Carolina. we got an article from there saying how good they are receiving after those big corporations are being received in South Carolina. people are using them and their work, but nobody is made. this is a free country, you can organize that you want to this is just another way to organize our think this is a good deal and hope you'll support present a more restrictive purpose today don't estimate about [SPEAKER CHANGES] thank you, Mister Speaker, members of the house arousing opposition is building on failure wireless this bill was filed last year in it never did make it out of judiciary committee, and I think we had was a really included five six hearings on this bill and I was smitten out there? to my good friends and fellow attorneys. it appears little more to the story. first off, represented blouses distribute some information from civil toss talking about some of the problems they've had with this. I'm from it didn't raise ideological issues, but I wanted to stay away from that, this even forget that part. what I wanted such a perfect number. this is not necessary in the entire country right now the entire United States. you have a believe in fourteen states that adopt this message, Delaware, which is the leader in corporate law has not adopted this deal in the building. Delaware's looking at passing is not the same thing that we are doing here in you want to try to follow the lead of what Delaware's doing. there's a reason that most of the Fortune five hundred companies locate their corporate headquarters. there, one thing is one of people for corporations in the first place. why doesn't someone if they have a charitable purpose gland is hang a sign up, and to start doing it for the reason people use corporations.one is from any liability and business contacts is for tax treatment, but it's also sure you will all one thing you want to know when you're investing capital when you're when you're engaging in a business enterprise is one of the Serbian law S1 Delaware such an attractive location for corporations is a good solid case law. this is a new creation. this would put North Carolina in the minority of states of all fifty states only fourteen are doing. I believe in New Mexico last week. the bill passed was vetoed by the governor of this. this is not necessarily give you a few examples. how can someone with a for-profit company right now. think about. think of all the for-profit corporations. you know they are there, doing charitable work as we speak. when any corporation can do that. anyone can articulate that it is in the Corporation 's best interest that it is the direct you to the directors also engage in public purpose. you can do this right now. free private contract. for example, in the general

corporation. You can also look at LLCs, other business entities. The bottom line is you don't need a B-corp. Now, this bill has been passed. I understand the third-party part is out right now. But this bill is being promoted all around the country in states by a third-party group that wants to be the clearinghouse to determine if the corporation meets the criteria. Think about that. You've got a cottage industry forming up to be the underwriter laboratory, if you will, to say that this corporation meets it or not. Now, I understand it's come out. I would suspect it may come back in if it passes. If this bill passes, I certainly hope the third party provision stays out. Right now, under private contract options and benefits, corporations are allowed to engage in any lawful purpose already. It just can't engage in unlawful activity. You can have a shareholder agreement that defines what the corporation is going to do. You can have other contracts that establish and direct what the fiduciary duties are of directors, corporate executives, so forth under current, existing law. This is a solution in search of a problem. I would submit to you that this bill isn't necessary, that there are those who see that there are all sorts of agenda to it. I don't know about that. I won't even touch it. [SPEAKER CHANGES] Representative Iler, please state your purpose. [SPEAKER CHANGES] Representative Moore?? Representative Moore, I'm getting lost among the lawyers a little bit. I need it like a fifth grader here. Is anything stopping you and me and Representative George and others from forming a corporation today for profit and, at some point, today or later, forming a non-profit foundation to accomplish what we're talking about here today? [SPEAKER CHANGES] Not only, Representative Iler, is there nothing stopping us from doing that; there is nothing stopping us right now from having a regular C-corp, S-corp, whatever you want to have where we want to make it as part of our mission to engage in some purpose other than maximizing profits. There's nothing stopping us from doing that right now. It's simply the by-laws we adopt, the shareholder agreements, all that. There's not a thing that would prevent us from doing it right now. This just frankly is not necessary. And so you always have to wonder, if it's really not necessary, what's the real story? Why is it being pushed? Members, I would encourage you to vote no against this bill. [SPEAKER CHANGES] Representative Cleveland, please state your purpose [SPEAKER CHANGES] ?? [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. I would be redundant. I would not be redundant; I would be boring your if I went through what I originally was going to say because it's already been said by two more eloquent speakers than I. South Carolina's a B Corporation state. To my knowledge, thirty days ago, they didn't have any B corporations. North Carolina is a non-B corporation state. To my knowledge, there are three B corporations presently operating in North Carolina. Now, if they can operate here as a B corporation, why do we have to pass this bill? B corporations become B corporations by paying B labs twenty-five thousand dollars to certify them as B corporations. That's all it is. And it has been stated, anything and everything a B corporation can do can already be done through the present corporate structures that we have. There is an underlying reason to these B corporations. There's probably more than one, but the most obvious one that I know of is for B labs to grow and become the certifier throughout the United States of B corporations. We don't need this. It's not going to help the state of North Carolina. And I would encourage you to vote against it. [SPEAKER CHANGES] Representative Avila, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The lady's recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, I disagree with this and do not support this. As Representative Moore clearly pointed out, there are a lot of points of law that would come up, and we're opening a corporation to being sued now by individuals but whomever's in it. How many of you always agree that the way to handle a particular social problem or public purpose is the way to do it? This opens us up

to legal issues incorporated psyche have never seen before announce as Chairman Martin think I may have received often pointed out to as the seasons and would bill gates are anybody have a lot of time and yet somehow or other thinking person was the station purpose and speak on Jennifer has made the latest data that has a lot has already been said of the person or one of the purposes of corroboration of limiting the staff and all are four times over Asia's-receipt corporation to chapter 55 and the corporation incorporated of this chamber of horrors of engaging in any lawful business-one members purposes and for the Time Corp. has a lot of flexibility the made-for shooting a corporate status would later on a lawyer's is what's called land liability that way you run a lap when something goes wrong in the company offices Monday with him for profits off in many of this money ?? your that it's a listing of the art and faster in the corporation that's why people for the wheels of students rather than a minute in the history of a political development corporations, lemon and lime incorporation one-man race and perhaps the one moderation force timetable for unlimited liability corporations has been in the last entry fee of less ability and activity aired on a serving: potpourri of women and you can do that only a day and time the right lane of some of us that leave as is necessary, after all of them have time to recite the session about the solution center problem of, but in one and one drive into spears and there's nobody wandered is one of the reasons this is the mile-it's a whole is that the application that current corporations are copies all are a panacea and update-styled that's certainly part donates-Microsoft and slider of which handles, is the daughter of his and live in the morning and was a sheet of those companies that have led to the people-time when the update was sacked for secondary water suppliers copies of Sino-heavy on the front nine and is thus the genius of our system of the genius of a free enterprise system not have the other question about these things it would have been paid for by dinner at times test for the 30 years ago, somebody just know why I have no idea that riled one years, the history of that company's is there for the somewhat of a strained call benefits and ease the impact of a connoisseur want more rapacious saw people who are out there I mean, said the board of the things we caught some of us will see the day for this bill are statues warfare already done a couple of me see the committee ran from the only have the ability and expanding the staff used was that he didn't resent it was major purpose today to Jennifer has been one of us that, in my short to his chamber of ingredients he and several times a week at the school also my college student , we have entered are in state energy lens time orange there are two ways are whole region in the hearings on the right way to get water operations that was to change one hand and we have to buy time as you at that they understand he has no hope of shareholders to change from the times and have already on the timeline that you can always been not one that they would be shocked if they don't know why this happened with all in the back of the longtime county in port carrier for janitorial , you know jimmy action last week not to mention and one day I'll have the ?? ??......

that you have shown that day and 1/2-a buyer all are times when of having his family life as a lot of speed the infant care leave on the way that would cut down and clean at age 31 halftime lead and they might have used by ms bodies and in one thing I did find that when they call it something that if we hadn't had long been at least five times and I've had in person time reason for the purpose of the Mr. speaker would be ready to party U.S. corporate would drive the dollar has done a disservice in U.S. persons and are easily as this bill will people from all the corporations around the country or dessert, over-10111838 ?? jobs for a war Mage corporations in South Carolina you're creating the ?? ?? of character-of-contact with the addition to all areas of the timer-owner of all major done in use at this as being a creative staff to North Carolina time to start making personal art PlayStation purpose is art institute has been on the day, Dr. Has made dozens of the hardest islanders one and one thing this is why isn't this a record of our day, 29, and rile the peace deal isn't enough to pay dividends and more workweek of the last trial, the profit corporation , it's not a prophet is he wanted as a matter of the day as for the next aisle, is the only plastic up here and not count was the only Asian, hires and I say this economic improvements for days ago they did time is sat in the days when making personally only station purpose and time you tell his boss monster? Because there has made dozens of vendors figure out how to just like commission and it wasn't clear channel army corporations face of the indoor soccer on history of the update, in times of the person raised under U.S. intelligence can and time-zone-the corporations are a small country audience and that the tiled these are the result and South Carolina of one of last year, that I'm the cameras and personnel are always after purple dinosaur in and out of an innocent this person was done in the idea to let us not your request has formed a committee of the time in a concert, and using the ravages of roughly 125 days and purse and are unlikely station purpose I'll processing renovate the dog was before the house of blues band as a substitute house bill for reasoning on a second renal care about all the center of the ?? ?? owners wishing to part ways these are ?? who was important 83 at the hermitage united as a substitute for house the bill for 14 and CEO presently ?? outspoken incorporate ?? can be sent to the house bill for 1990, after one of the Federal and state health plan for teachers and state employees and provide coverage for up to the office of spectrum is more Johnson and Melanie and personal a visitor as it has begun to because there hasn't been the house bill four days, the decision has been time and some say the plan as a teacher is a state of our ??.....

to offer specified coverage for autism spectrum disorders, and I said this in committee, but you can go to the bill itself, and if the insurance system wasn’t so complicated, you could summarize this bill in just one sentence. It’s on page 2, line 21. It says “Every health benefit plan shall provide coverage for the screening, diagnosis, treatment of autism spectrum disorder”. That’s what the bill is about at its heart. Most unlike the previous bill where there are only 14 states that adopted it, this one the majority of the states have adopted it, and so we’re now in a minority that doesn’t provide for this sort of coverage. My argument for you now is that it is time for us to join the majority on this subject. The bill that is coming before you is a balance. I know there are some people in the chamber who would like to see a broader bill. Are there children who could be autistic who are not going to be covered by this bill? Yes. And then there are some in the chamber that think either there shouldn’t be a mandate or think that maybe this is too broad, and we have tried to address that. As my colleague will soon… Mr. Murry will soon explain, we’ve gone through a process and have really tried to be sensitive in terms of what the costs might be. We’re right in the middle of the pack. This is not a generous bill – not as generous as some would like it, certainly – and what we’re trying to do is as Representative Murry has said several times, it’s sort of hit the sweet spot by reaching compromises here. We need to proceed and provide this coverage, but we need to do it in a business-friendly way, and so the bill really reflects that, and if Mr. Speaker I can turn to my colleague Mr. Murry, he can proceed from there. [SPEAKER CHANGES] For what purpose does the gentleman from Wake, Representative Murry rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman’s recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Chairman. Between the House Insurance Committee yesterday and the House Appropriations Committee yesterday, we had strong votes in both committees and we added amendments to the legislation to make it more palatable to our small business community. We strengthened the opt-out provision for the small business community. If they can demonstrate that their premiums will be impacted by greater than 1%, they can be exempted from this legislation. The benefit cap initially in the legislation was 75 thousand dollars annually. We reduced it in a PCS in front of Appropriations to 60 thousand dollars, and then an amendment was run to further reduce that to 36 thousand dollars, which is comparable to Virginia. We additionally added an age limit cap to age 23, which is consistent with Virginia law as well. Additionally, any patient to qualify with this benefit must be diagnosed by the age of eight. Additionally we added clarifications on who may prescribe treatment, consistent with North Carolina law. There will be several amendments offered, and there are some that we can agree to and some that we can’t, but I would ask for individuals to consider if you’re looking at the pro-business climate, and we’re always talking about how we’re competing with Virginia and South Carolina, well both Virginia and South Carolina have this coverage inclusion in their states, and so let’s be competitive with our neighbors. Let’s add this coverage to our families in North Carolina and be competitive with them as well. The number of states is continually being added. There are 32 states, and I’d like to see North Carolina be 33. Texas is consistently ranked as one of the top states for business, and Texas requires this insurance coverage in their state as well, so I would ask that you

...support this legislation, support our families with autism, and I'm thankful that Miss Raleigh is here in support of this legislation. She's made this part of her pageantry platform and I appreciate her attendance here and I would ask you support this legislation. I'll be glad to ask any questions, answer any questions. [SPEAKER CHANGE] For what purpose does the gentleman from Person County, Representative Wilkins rise? [SPEAKER CHANGE] To send forth an amendment, Mr. Speaker. [SPEAKER CHANGE] The member is recognized to send forth the amendment. The Clerk will read. [SPEAKER CHANGE] Representative Wilkins moves to amend the bill on page 3 by deleting lines 12 through 17 and renumbering the remaining subsections accordingly. [SPEAKER CHANGE] The member has the floor to explain the amendment. [SPEAKER CHANGE] Thank you, Mr. Speaker. Members, let me first direct your attention to item L, that is the portion that I added yesterday through amendment to square us up with Virginia. And why am I so interested in that it's because I live on a border county. However, staff told me today that while I was adding L, I should have taken out K because L does exactly what it's supposed to do to match the 1% in Virginia. So I ask you please support the amendment and true up the bill. [SPEAKER CHANGE] For what purpose does the gentleman from Wake County, Representative Murry rise? [SPEAKER CHANGE] Ask members to support the amendment, quickly. [SPEAKER CHANGE] Member is recognized to debate the amendment, has done so. Members, there are several lights on. Is there further discussion or debate on the amendment? Hearing none, the question before the House is the adoption of the A1 Wilkins amendment. So many as favor the passage of the amendment will vote aye, those opposed will vote no. Fifteen seconds will be allowed for voting. The Clerk will open the vote. The Clerk will lock the machine and record the vote. One hundred and six having voted in the affirmative and three in the negative, the amendment is adopted. Now back on the bill. For what purpose does the gentleman from Cumberland, Representative Szoka rise? [SPEAKER CHANGE] To offer an amendment. [SPEAKER CHANGE] The member is recognized to send forth an amendment. The Clerk will read. [SPEAKER CHANGE] Representative Szoka moves to amendment the bill on page 3, lines 23 and 24 by inserting the following between the lines. [SPEAKER CHANGE] The member is recognized to debate the amendment. [SPEAKER CHANGE] Ladies and gentlemen, I have several concerns with this bill and this amendment addresses one of my primary concerns. When the Affordable Care Act was announced by President Obama, he stated that if you like your current healthcare plan, you'll be able keep that plan, in effect you're plan will be grandfathered. In the Affordable Care Act, pages 710 to 716, which I researched and read that, although we're trying with this 1% to in effect grandfather small companies with 50 people or less, in my opinion, and I will tell you I'm not an attorney, I'm not a lawyer, but I did read this and it seems to me that the law, or that the bill as written will not, in fact, meet that grandfathering clause. I checked with Blue Cross/Blue Shield, not that they knew everything about the law, but they are one of the biggest companies in the State, and they've told me that 95% of Blue Cross/Blue Shield North Carolina small group plans will actually be subject to this. And that the 1%, they'll not be exempted. The problem I have, small business is struggling. I don't know about your district, but I know about mine. I get calls every day from small businesses who they're struggling. And this is another mandate. I think that we need to stay consistent with the Affordable Care Act. Whether you like it, whether you don't like it, it is the law. And I think we ought to follow that act, or that law, in terms of who we chose and how we chose to grandfather our small businesses. I ask that you would support this amendment. [SPEAKER CHANGE] Further discussion, debate on the amendment? For what purpose does the gentleman from Wake County, Representative Murry rise? [SPEAKER CHANGE] Debate the amendment. [SPEAKER CHANGE] The gentleman is recognized to debate the amendment. [SPEAKER CHANGE] Thank you, Representative Szoka for offering this amendment. I would ask members to oppose it. And for this reason. The amendment that Representative Wilkins offered yesterday in Appropriations, which is in the bill before you, addresses appropriately small businesses in a similar way that Virginia does. For small businesses in Virginia will be treated similarly to the small business in North Carolina. If you defeat this amendment and keep the bill as is. And so if you want to remain consistent from State to State and have similar benefit structures from State to State, I would ask that you...

...oppose this amendment and keep the bill as is. Thank you. [SPEAKER CHANGE] Further debate or discussion on the amendment? If a member wishes to debate the amendment, please raise your hand. For what purpose does the gentleman from New Hanover County, Representative Catlin rise? [SPEAKER CHANGE] To debate the amendment. [SPEAKER CHANGE] The member is recognized to debate the amendment. [SPEAKER CHANGE] I urge your support of this amendment. We just passed House Bill 649, which was an effort to mitigate the effects of the Affordable Care Act on North Carolina's small businesses. We don't want to just turn around a pass an expensive mandate on the struggling businesses of North Carolina. I think it's a very good amendment and I suggest you support it. Thank you. [SPEAKER CHANGE] Further discussion or further debate on the amendment? If any members wish to debate the amendment, if you would raise your hand. Seeing not, the question before, excuse me. For what purpose does the gentleman from Gaston County, Representative Bumgardner rise? [SPEAKER CHANGE] To speak on this amendment. [SPEAKER CHANGE] The member is recognized to debate the amendment. [SPEAKER CHANGE] Thank you, Mr. Speaker. I also support this amendment as a business person. We're about to vote on a mandate and it's very uncomfortable to stand here and be in the position of opposing, being on the side, I'm voting on a very emotional issue. I get that. I understand it. But this is a good amendment and this is a mandate we're talking about. [SPEAKER CHANGE] Further discussion on the amendment? For what purpose does the gentleman from Wake County, Representative Murry arise? [SPEAKER CHANGE] Debate the amendment a second time. [SPEAKER CHANGE] The gentleman is recognized to debate the amendment a second time. [SPEAKER CHANGE] Perhaps I could say it a different way. If you want to gut the bill, pass this amendment. Because this amendment essentially guts the bill and if you like the Wilkins amendment from appropriations yesterday which gives the range up to 1%, if there's a 1% premium impact to a small business they will be exempt from this legislation if they can prove the exemption, which is exactly what Virginia did. And so I would ask members to oppose this amendment. Keep it consistent with or neighbors and don't gut the bill. [SPEAKER CHANGE] For what purpose does the lady from Mecklenburg County, Representative Cotham rise? [SPEAKER CHANGE] Thank you, Mr. Speaker. To speak briefly on the amendment. [SPEAKER CHANGE] The member is recognized to debate the amendment. [SPEAKER CHANGE] Thank you, Mr. Speaker. Members, I ask you to oppose this amendment and vote no on it. The amendment that was added last night in the Appropriations does strengthen the small business opt out. I own a small business, as well. This is an emotional issue, but I do ask you to vote no. [SPEAKER CHANGE] For what purpose does the lady from Wake County, Representative Avila rise? [SPEAKER CHANGE] To ask Representative Murry a question. [SPEAKER CHANGE] Does the gentleman from Wake yield? [SPEAKER CHANGE] Certainly. [SPEAKER CHANGE] He yields. [SPEAKER CHANGE] Thank you, Mr. Speaker. Your statement earlier just clicked and I want to ask a clarifying question. You said that the small business has to prove a 1% increase in premium. How are they going to justify that it's because of the autism increase on their premium and not something else? [SPEAKER CHANGE] Based on claims data. Based on claims data in the patient population in their small group, they will be able to prove that because of their population, because of their small group and this new coverage issue that the increase is due directly to the patient population and this coverage. [SPEAKER CHANGE] Mr. Speaker? [SPEAKER CHANGE] For what purpose does the gentleman from Guilford County, Representative Blust arise? [SPEAKER CHANGE] To see if Representative Cotham will yield for a question. [SPEAKER CHANGE] Does the lady from Mecklenburg yield to the gentleman from Guildord? [SPEAKER CHANGE] Yes. [SPEAKER CHANGE] She yields. [SPEAKER CHANGE] Representative Cotham, for purposes of this bill and amendment, what constitutes a small business? How is that defined? [SPEAKER CHANGE] I'd have to yield to my colleague and friend, Representative Murry on that. He's saying 50, which is what I believe was in the amendment last night. [SPEAKER CHANGE] Further discussion, further debate on the amendment? For what purpose does the gentleman from Cumberland County, Representative Szoka arise? [SPEAKER CHANGE] To debate the amendment. [SPEAKER CHANGE] The gentleman is recognized to debate the amendment a second time. [SPEAKER CHANGE] I would just like to reiterate that we already have law that covers what we're doing here. It's called the Affordable Care Act. I don't see why we want to go outside of that. Like it or not, that law takes effect, well, it's in effect now. Exchanges. Everything starts the first of January. We're in effect setting up a double standard for this law. I just don't understand why we would want to do that because it doesn't make sense. It's making it more difficult on small business to comply with this law and I just ask you to vote for this amendment. [SPEAKER CHANGE] Further discussion, further debate on the amendment? For what purpose does the lady from Randolph County, Representative Hurley arise? [SPEAKER CHANGE] To ask a question of the sponsor. [SPEAKER CHANGE] Does the gentleman from Cumberland yield to the lady from Randolph? [SPEAKER CHANGE] I do.

He yields. [SPEAKER CHANGE] But I'm not the sponsor. [SPEAKER CHANGE] OK. Who is? OK. [SPEAKER CHANGE] Well, are you referring to the sponsor of the amendment? I believe that would be Representative Szoka. [SPEAKER CHANGE] Thank you. [SPEAKER CHANGE] Sorry. [SPEAKER CHANGE] Does this amendment exempt small business, 50 or under, with employees, 50 or under? [SPEAKER CHANGE] Yes, it does and that's what's written in the Affordable Care Act. Small business defined as 50 employees or less. [SPEAKER CHANGE] I'm for this amendment. Thank you. [SPEAKER CHANGE] Further discussion, further debate on the amendment? Seeing none, the question before the House is the adoption of the Szoka amendment. So many as favor the adoption of the amendment will vote aye, those opposed will vote no. Fifteen seconds will be allowed for voting. The Clerk will open the vote. Representative Brody, does the gentleman wish to vote on this bill, on this amendment? The Clerk will lock the machine and record the vote. Thirty-five having voted in the affirmative and seventy-six in the negative, the amendment fails. For what purpose does the gentleman from Nash, Representative Collins rise? [SPEAKER CHANGE] To offer an amendment. [SPEAKER CHANGE] The gentleman is recognized to send forth an amendment. The Clerk will read. [SPEAKER CHANGE] Representative Collins moves to amend the bill on page 2, lines 36 through 45, by rewriting the lines to read. [SPEAKER CHANGE] The gentleman has the floor to explain the amendment. [SPEAKER CHANGE] Thank you, this is a non-adversarial amendment. Really doesn't have anything to do with the numbers or anything in the bill. I've talked about this with both Representatives McGrady and Murry and I don't think they're opposed to it but I'd rather them speak for themselves on that. I don't want to speak for them. What this does is basically takes Section 1-G and remove everything after the first sentence. This, by the way, I don't think part of their, I think was part of an amendment that was added on to it, anyway. I don't think this was, I don't know if this was original bill language or not. But the problem I have with everything after that $36,000 per year is that it basically gives the Commissioner of Insurance legislative power to change this benefit and ultimately gives it to the United States Department of Labor because their the ones who are determining this medical inflation rate that he's going to act upon. As I heard this talked about in committee, one of which I was a member and one of which I was just a bystander because I had to present a bill there. We kept saying we'll try this $36,000 limit and if we need to come back and change it later, we can change it later. Well, we're giving that authority and that responsibility away if we don't take this language out. We're giving it to the Insurance Commissioner of the North Carolina, and ultimately to the Department of Labor of the United States. I want to ask that we keep that responsibility here in the General Assembly and I ask you to pass this amendment. [SPEAKER CHANGE] Further discussion, further debate on the amendment? Seeing none, excuse me. For what purpose does the gentleman from Henderson County, Representative McGrady rise? [SPEAKER CHANGE] To speak to the amendment. [SPEAKER CHANGE] The gentleman is recognized to debate the amendment. [SPEAKER CHANGE] What the gentleman said is correct. The sponsors of the bill support the amendment. More than just support it, it's a good amendment. A bit of clean up that probably is needed after some amendments that were made in committee so I urge you to support the amendment. [SPEAKER CHANGE] Further discussion, further debate on the amendment? Seeing none, so many as favor the adoption of the A3 Collins Amendment, those members will vote aye, those opposed will vote no. Fifteen seconds will be allowed for voting. The Clerk will open the vote. The Clerk will lock the machine and record the vote. One hundred and nine having voted in the affirmative and two in the negative, the amendment is adopted. For what purpose does the gentleman from Richmond County, Representative Goodman rise? [SPEAKER CHANGE] Send forth an amendment. [SPEAKER CHANGE] The member is recognized to send forth an amendment. The Clerk will read the amendment. [SPEAKER CHANGE] Representative Goodman moves to amend the bill on page 1, line 34, by adding the following sentence to the end of that line. [SPEAKER CHANGE] The gentleman is recognized to debate the amendment. [SPEAKER CHANGE] Thank you, Mr. Speaker. The amendment I have is very similar to the one we heard two amendments ago. This just exempts businesses of 50 employees or less and individual plans. It's not a grandfather issue. This is all businesses of 50 employees or less. It makes our law consistent with South Carolina. We've heard how we needed to be competitive with Virginia and we fixed the bill to be consistent with theirs. This just makes ours consistent with South Carolina for border counties in North Carolina. It's very important for jobs. And I ask for your support. [SPEAKER CHANGE] For what purpose does the gentleman from Wake County, Representative...

arise? [CHANGE SPEAKERS]: Debate the amendment. [CHANGE SPEAKERS]: Gentleman is recognized to debate the amendment. [CHANGE SPEAKERS]: I ask Members to oppose this amendment as I've clearly discussed earlier the way we've handled this issue is the one percent added to the small business health plan. I will say if South Carolina's maximum benefit is $52,000 a year so if you want Representative Goodman to increase it to $52,000 we might be able to agree with this amendment but otherwise if we're going to keep it low, keep the maximum benefit low, then I think the 1% plus or minus for small business, the 1% increase is more reasonable with the low cap that we've got so I would ask members to oppose this amendment. [CHANGE SPEAKERS]: Further discussion, further debate on the amendment. Saying not, the question before the House is the adoption of the Amendment for Representative Goodman. So many of us favor the adoption of the amendment will vote "aye" and those opposed will vote "no". Fifteen seconds will be allowed for voting. The clerk will open the vote. The clerk will lock the machine and record the vote. 42 having voted in the affirmative and 68 in the negative. The amendment fails. For what purpose does the gentleman from Wake County, Dr. Fulghum rise? [CHANGE SPEAKERS]: Send forth an amendment. [CHANGE SPEAKERS]: Members recognize to send forth the amendment the clerk will read. [CHANGE SPEAKERS]: Representative Fulghum moves to amend the Bill on Page 1, Lines 25 through 28 by rewriting the lines to read. [CHANGE SPEAKERS]: Members recognize to debate the amendment. [CHANGE SPEAKERS]: Ladies and gentlemen, this topic is critical. Treatment of these children is critical. All I ask is that you recognize the fact that the State of North Carolina has a responsibility to see the people providing the treatment are licensed and certified in this State. I understand that some of these people have out-of-state certification that may be quite valid and I honor that. In fact, I'm glad they can come to this State and practice their art, but we do have a responsibility to see that they're licenses are certified as well in this State and that's the core of my amendment. [CHANGE SPEAKERS]: For what purpose is the gentleman from Nash County Representative Collins rise? [CHANGE SPEAKERS]: Speak to the amendment. [CHANGE SPEAKERS]: Member is recognized to debate the amendment. [CHANGE SPEAKERS]: Folks, I don't know when the last time I studied a Bill that I wasn't planning on supporting as much as I have this one is but this is one issue that I question not only the sponsors but the supporters of this Bill. The lady in the red dress who kept coming around to all of our meetings. She was in my office today and I asked her about this very pointedly because this is one of the things that has been brought up. I think we've had a little bit of a turf war professionally within this Bill. Sanction 2, which Representative Shepard introduced was designed to take care of a problem, which I think also touches on the military problem we've been hearing quite a bit about and that is that we don't have enough providers here in North Carolina, especially around the military bases to take care of the Tricare patients and so forth. What I found out by digging and asking some questions was that North Carolina is either the only, or one of very few states that make these behavioral analysts operate under the supervision of a psychiatrist or psychologist because apparently we don't have a licensing process in North Carolina for this behavioral analyst. There is a Behavioral Analyst Certification Board and I questioned this very tough because I'm in a financial field where I have a designation that took me a long time to get because I had to take a number of courses and pass a lot of exams and all to get it but there are other designations I can get to put letters behind my name by going to a weekend school and you and the public won't know the difference. So, I asked very pointedly about this particular certification and I was told that you have to have at least 1,500 hours of study and so forth to get it, so it's not a bogus certification. The problem, at least as I see it with this amendment, is that we don't currently have a licensing procedure apparently in North Carolina for the people that have this national certification. So, with that in mind, I'm not sure what you want to do about this amendment but I don't think there is currently a licensing process in North Carolina to take care of this. I don't think these Board Certified Behavioral Analysts are any the less competent for that but I just thought you all to know that before you vote on this amendment. [CHANGE SPEAKERS]: What purpose is the gentleman from Onslow County Representative Shepard rise? [CHANGE SPEAKERS]: Speak on the amendment. [CHANGE SPEAKERS]: The gentleman is recognized to debate the amendment. [CHANGE SPEAKERS]: As Representative Collins has already stated, my purpose for getting involved with this is because the military community of Camp LeJeune and also at Fort Bragg, they were

facing a dilemma, there's a 1 in 50 military children, Marine Corps children, have autism. And several people have contacted me last session and asked if we could do something to help with that because we're one of the only states that requires them to work under the supervision of a psychologist. With that being said, this goes way back, it wasn't something just started, and Representative Earline Parmon and I worked with a military psych committee last session to try to address this and we came up with a 21 page bill that basically did nothing. Before that took place, Representative ?? also had this same language this same bill and she hit a blocked wall I think because of control. Because in our state the psychologist board opposes. And the point I'd like to make is that these analysts are not practicing psychologists but they are trained in the scope of their field and the training that they have there is national board certified and with being national board certified if there is a problem you can report them and have complaints go against them. But it's a dilemma for our military people. This afternoon I was told that the headquarters of the Marine Corps at this time is not transferring anyone to Camp ?? that have military dependants that have autism because of this. So it's a real issue, it's not something that just came up, it goes all the way back to Representative Earline Parmon, she tried to work it out, we tried to work it out in the last session, so I ask that you oppose this amendment, thank you. [SPEAKER CHANGES] For what purpose does the lady from Carteret County, Representative McElraft have to rise? [SPEAKER CHANGES] Speak on the amendment. [SPEAKER CHANGES] Member is recognized. to debate the amendment. [SPEAKER CHANGES] Members of the House, if you want to kill this bill, this is the way to do it. WE will not have licensure for the ABA in this state for at least two years. So if you want to kill the bill, and not have care for these children, then vote for this amendment. I know it's a well intentioned amendment, but if we want to have this coverage for these children, and you heard from Representative Phil Sheppard. We have marines that aren't even coming to our state being assigned here because they cannot even have this ABA treatment for their children here. And the Generals have pleased with us to please bring, please pass this legislation and get this coverage in the state of North Carolina so tri care can cover them here. Can have the coverage for, tricare covers them we just need to have to be able to have that people here to do this treatment. So please, eventually this will be a jobs bill for the state of North Carolina. We will have these ABA specialists here in this state of North Carolina as soon as we pass this bill to do this treatment for the children. Please pass this bill. We will get this certification, I'm sure. It is federal certification. We are not going to be trampling on any of our Psychologists and Psychiatrists. This is not what it's about. Please take care of these autistic children and vote against this amendment. [SPEAKER CHANGES] For what purpose does the gentleman from Henderson County, Representative McGrady rise? [SPEAKER CHANGES] To speak on the amendment. [SPEAKER CHANGES] The member is recognized to debate the amendment. [SPEAKER CHANGES] I just wanted to state that the primary co-sponsors, Mr. Sheppard, Miss Murray and myself all oppose this amendment. We don't want to get into this licensure and certification debate. Representative Collins has got this right, and I would urge you to follow his lead on this one. We urge you to vote "no" on the amendment. [SPEAKER CHANGES] For what purpose does the lady from Gilford, Representative Adams rise? For what purpose does the lady from Orange County, Representative Insco rise? [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] The member is recognized to debate the amendment. [SPEAKER CHANGES] Thank you Mr. Speaker. Ladies and gentlemen of the house, I would urge you to vote for this amendment. I remember when we did mental health reform and we had new provider groups coming in and we had a lot of problems. I remember talking to the director of Medicaid director, who was then the Medicaid director saying to that person were you surprised? And that person answered to me you know, we really were. We thought the providers would do the right thing. We need a state level monitoring board -

...for the providers, these are good providers. 99 percent of them will do the right thing, so you are always going to have some providers who need local monitoring. You do not need to go to a national level board to get that monitoring done. We can implement a licensing process for this group faster than two years, it would not take that long. This bill does not say that they have to answer to any specific group, at least at open. This is a good amendment, it gets the process moving to put us in the right position. This is a patient protection amendment. This will protect the families and the patients to make sure that the people who are delivering these services are fully qualified and are doing the right thing, and I urge you to vote for this amendment. [SPEAKER CHANGES] For what purpose does the gentleman from Wake County, Representative Fulgham arise? [SPEAKER CHANGES] Speak to the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment a second time. [SPEAKER CHANGES] Other professionals who have licenses in other states that require certification and continuing education and that type of thing, have agreements with other states that they recognize their licenses and their ability to practice their profession in other states. Each state can decide whether it is going to recognize credentials from another state, and that is all, in my opinion, that this requires. I do not think that this requires an extensive re-certification, re-registration, great, big, huge licensing board established separately in this state if someone is going to the trouble to do all this in another state. So I think this just requires some cooperation of exchanging credentials and getting that recognized. I think we owe that to the people who are getting the services and to the people who are going to pay for the services. Thank You. [SPEAKER CHANGES] For what purpose does the gentleman from Cumberland County, Mr. Szoka, rise? [SPEAKER CHANGES] To speak to the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] There are many things about this bill that I don't like, but one of the things I do like is Section 2, the way it is right now. The problem with military bases is that soldiers' families receive their insurance through Tricare. Currently, when they're here getting Tricare, they cannot receive... Tricare will not pay for the services that this bill is intended to provide to these autism patients. Somebody else said it exactly right, if you want to kill this bill, you will vote for this amendment. I would urge you to vote against this amendment. Thank you. [SPEAKER CHANGES] For what purpose does the lady from Mecklenburg County, Representative Cotham arise? [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] The member is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker, and members, I rise in opposition to this amendment. This bill is about children. It is about vulnerable children, a very special population. They can't wait two years, they can't wait more. This is a group of children who we can really help better their lives and their future here in North Carolina. And it is sad that this amendment is about adults, and it is about companies, and maybe even insurance providers, but this bill is about children and their families. Those are the ones, the parents who are lobbying for this bill, so I ask you to stand with these children and with these families in North Carolina. Do not kill this bill. Do not hurt these childrens' future. Please oppose this bill...the amendment, I'm sorry. [SPEAKER CHANGES] For what purpose does the gentleman from Onslow County, Representative Shepard, arise? [SPEAKER CHANGES] To speak on the amendment one more time. [SPEAKER CHANGES] The member is recognized to debate the amendment a second time. [SPEAKER CHANGES] I hate to be historical, but I want to go back and share with you that this didn't just start this session. Representative Arlene Parmen[?] tried to address this problem, and in the last session Representative Park and I did through the Military Oversight Committee. And during all this process, the state psychology board knew all about this, but nobody was ever willing to come to the table and work on this. To echo what Representative Cotham has just said, in the meantime the people that are suffering are these children and these families. So I ask you to oppose this amendment because we worked on this long enough. Thank You. [SPEAKER CHANGES] Mr. Speaker... [SPEAKER CHANGES] For what purpose does the gentleman from Wake County, Representative Fulgham, arise? [SPEAKER CHANGES] Call the question. [SPEAKER CHANGES] The gentleman is not recognized for that motion, further discussion, further debate on the amendment. Seeing not, so many as favor the passage of the amendment, those members will vote aye, those members opposing it will vote no. The clerk will open the vote.

The Clerk will lock the machine and record the vote. 18 having voted in the affirmative and 93 in the negative, the amendment fails. Representative Avila, please state your purpose. [SPEAKER CHANGES] I’d like to ask the bill sponsor, Representative Murry, a question please. [SPEAKER CHANGES] Representative Murry, does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you, Mr. Speaker. Representative Murry, this is just a quick question. When we had the discussion in here earlier on the oral treatment cancer parity bill, there was a document that was passed out that gave some indication of the types of impact there were on insurance premiums on the various states where this had been enacted. Do you have any data, any kind of idea of where this is for autism? [SPEAKER CHANGES] Yes. Yes ma’am, I do. Thank you for the question, and if you look at our averages from the states, I believe South Carolina and Virginia and Illinois and Indiana, some of the other states, the average year one impact is 15 cents per member per month, and the average year two impact was 31 cents per member per month on the premium impact for those, for the average of the states around our area. [SPEAKER CHANGES] Representative Blust, please state your purpose. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized the debate the bill as amended. [SPEAKER CHANGES] Thank you, Mr. Speaker. Member of the House, this is a bill that I have really wrestled with hard, and it seems every session I’ll think we’ve got to do something about these mandates. It’s adding to the cost of the policies, it’s pricing some off the market altogether, but then you come up with a certain mandate proposal and it’s just very difficult, and I think we do at some point Mr. Speaker need maybe a select committee or something to look at the overall mandates, and I wish maybe we’d weight some against the other, but the reason I come down finally in favor of this bill against some of my instincts is just having a three-year-old daughter. I just can’t imagine being a parent and being in the position of some of these parents with these children. I just, I would think you’d just have to wonder “What do you do?” because there’s costs that are real and children are so lovable, and I’ve read some of the emails about how my child started out looking normal and everything was going good, and one day something started happening, and I just think… put myself in their place, and what do you do? What do you do if you don’t have the money for health insurance? Because it eats you up alive. So maybe this isn’t the right place to draw the line on mandates, and I do admire these parents because they give these kids so much love and care and it’s really something to watch them, and I wonder what I’d be like if I were in that position, but I do again think we have to come to grips at some point wit the mandates and do something about it and get some kind of overall policy on where we’re going. One final thought: I don’t know whatever happened to our high-risk pool. I would have thought that that would take care of some of these situations. I thought that’s why we debated in here so long at one point and passed a high-risk pool. So we have to look at some alternatives at some point. [SPEAKER CHANGES] Representative Whitmire, please state your purpose. [SPEAKER CHANGES] Briefly speak in favor of the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill as amended. [SPEAKER CHANGES] Three simple but very sobering facts: The average family with an autistic child spends 75 thousand dollars out of pocket per year. Out of pocket. 86% of those families end in divorce, mostly attributable to financial stress. 32 states in our nation have this. I ask that you support it. Thank you. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute number 2 to House Bill 498 on its second reading. All in favor vote aye. All opposed vote no. The Clerk will open the vote. All members wishing to record, please do.

The clerk will lock the machine and record the vote. 105 having voted in the affirmative and 7 in the negative, the House committee substitute number 2 to House bill 498 as amended has passed its second reading without objection, will be read a third time. [SPEAKER CHANGES] General assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House committee substitute number 2 to House bill 498 on its third reading. All in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no"? The "aye"s have it, the House committee substitute number 2 to House bill 498 has passed its third reading, the bill will be engrossed and sent to the Senate. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] Rep. Moore, please state your purpose. [SPEAKER CHANGES] I'd like to withdraw my objection to third reading on House bill 663, I believe that's the correct bill number. [SPEAKER CHANGES] House bill 663, is there any further objection to hearing House bill 663 on its third reading? If not, House bill 663, the clerk will read. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House committee substitute number 2 to House bill 663 on its third reading. All in favor, say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no"? The "aye"s have it, the House committee substitute number 2 to House bill 663 has passed its third reading and will be sent to the Senate. Rep. Richardson, please state your purpose? [SPEAKER CHANGES] Mr. Speaker, I'd like to have my "Get out of jail" card spent tonight and change my vote on 663 on second reading to "Aye". [SPEAKER CHANGES] The lady will be recorded as having voted "aye" on House bill 663. The House be at ease. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] Rep. Moore, please state your purpose. [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mr. Speaker, having voted on the prevailing side, I would move that the vote for House bill 440 be reconsidered and I would be ask to be recognized to explain the reason for the motion. [SPEAKER CHANGES] The gentleman is recognized, the gentleman's motion is properly before us, the gentleman is recognized to debate the motion. [SPEAKER CHANGES] Thank you Mr. Speaker, members of the House. The purpose of this motion is to simply send the bill back to committee sort of just a sign of respect to the member, it's not for the bill to be brought back up this evening immediately. If the reconsideration passes, the bill will then be re-referred to one of our other standing committees. Be glad to answer any questions if there are any. [SPEAKER CHANGES] Further discussion, further debate on the motion. For the freshmen members just to explain what occurred here, after a bill is defeated on the floor, if a member who voted on the prevailing side chooses to ask the vote to be reconsidered as Rep. Moore did, then the vote to reconsider simply puts the bill back on the calendar. Rep. Moore has indicated that if the bill comes back on the calendar after a successful motion to reconsider passes, then he will be recognized for another motion which will be to re-refer the bill to committee. Further discussion, further debate? If not, the question before the House is the motion to reconsider House committee substitute for House bill 440. The vote. 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. 68 having voted in the affirmative and 42 in the negative, the motion passes. Rep. Moore, please state your purpose. [SPEAKER CHANGES] For a motion? [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mr. Speaker, I move that House bill 440 be referred to the committee on commerce if favorable rules. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] Rep. Murry, please state your purpose. [SPEAKER CHANGES] I'd like to switch my vote from "yes" to "no" on the second reading for House bill 440. [SPEAKER CHANGES] The gentleman shall be recorded as voted "no" on House bill 440. Rep. Baskerville, please state your purpose. [SPEAKER CHANGES] No purpose Mr. Speaker, I'm sorry. [SPEAKER CHANGES] Ladies and gentlemen, we do expect a fair amount more of debate, the chair would suggest maybe we take a 5 minute break. We will reconvene at 8:40. And members, before the members leave, without objection we would like to take leave of the House to go past 9 PM. Is there objection? So ordered. [SPEAKER CHANGES] Mr. Speaker, with this recess, would this be subject to the re-referral of bills and resolutions

receipt of committee reports, receipt of messages of the Senate and modification of the [calendar?] as deemed necessary by the Speaker? That is correct. The House stands in recess. The House will come back to order. Visitors please retire from the chamber. Ladies and gentleman of the House, there are some warm Krispy Creme donuts floating through the chamber you're welcome to, and there's some up here. Just what we need is a good sugar buzz before some of the bills we're about to go through. House Bill 269 the clerk will read. Committee substitute number two for House Bill 269, a bill to be entitled, An Act to Create Special Education Scholarship Grants for Children with Disabilities. General assembly of North Carolina enacts. Ladies and gentleman. Representative Brandon asked for a clarification on rule 12H, and it is the ruling of the chair that rule 12H also removes the tie requirement. I do that. The House will come to order. Representative Stam is recognized to debate the bill. The House will come to order. Mr. Speaker, members of the House, I have a technical amendment and then I'll, after that's disposed of, I'd like you to please represent, recognized Representative Jordan. But if I could introduce a technical amendment. Representative Stam is recognized to send forth an amendment. The clerk will read. Representative Stam moves to amend the bill on page three, line 27 by rewriting the line to read. The gentleman is recognized to debate the amendment. Speaker, members of the House, this is what used to be called the "Royal Amendment," even though this bill requires appropriations, since we haven't passed the budget yet, we have to pass this amendment so we're not appropriating money prematurely. So I move the adoption of the amendment. Further discussion, further debate on the amendment? If not, the question before the House is the adoption of the amendment. Speaker. Oh Representative Floyd, please state your purpose. I wonder if Representative Stam will yield for a question. The chair, although the chair was called into question, the chair is gonna withdraw the [call?] and the gentleman may redirect his question. Representative Stam, do you yield? I do. The gentleman yields. Representative Stam, as I read this here, appropriate funds to implement it. Do we have to have "it," on the end of this since you said it was gonna be a technical amendment? I didn't understand what you said, Representative Floyd. The word, "it," at the end of your amendment [follow?]- Mr. [Chadready?]. Well the, "it," would refer to a line that's not on the amendment form, called, "this act,". So its referring to the entire bill. The "it," is the entire bill. Follow-up Mr. Chair. Does the gentleman yield? I do. The gentleman yields. I do. The act [itself is exclamatory, it is just on there also?] and so really, you don't need that at the end since you have [occurred?] a technical amendment for us to resolve. Further discussion, further debate on the amendment? If not the question before the House is the passage of the amendment sent forth by Representative Stam for the House committee substitute number two for House Bill 269. All in favor vote aye, all opposed vote no, the clerk will open the vote. All members please report. Clerk will [op] machine record the vote. 107 having voted in the affirmative, none in the negative, the amendment passes, we're now back on the bill. Representative Jordan, please state your purpose. To debate the bill. The gentleman is recognized to debate the bill. Thank you Mr. Speaker. House Bill 26

deny is a continuation of the bill that we passed last session under House 344 to serve children with disabilities. The major difference in this bill and current law is that current law is a tax credit and there are a number of lower income folks who are not able to take advantage of this situation who have children with disabilities and this will change it into a special education scholarship grant. We have had multiple hours of debate in Finance, Appropriations, maybe another committee or two. I would stand ready to answer any questions at this point. [SPEAKER CHANGE] Representative Gill, please state your purpose. [SPEAKER CHANGE] To ask the sponsor a question. [SPEAKER CHANGE] Representative Jordan, does the gentleman yield? [SPEAKER CHANGE] Yes [SPEAKER CHANGE] Gentleman yields. [SPEAKER CHANGE] I understand that last year we allocated money for the tax credit and this year we are talking about allocating money for scholarships. Is that the same money? [SPEAKER CHANGE] It is for the same purpose. The money will now be a grant as opposed to needing to apply against the income of the families who receive these scholarships. [SPEAKER CHANGE] Follow-up. [SPEAKER CHANGE] Gentleman yields? [SPEAKER CHANGE] He yields. [SPEAKER CHANGE] Well if this is the case, then will we need additional monies for the tax credit that people are currently receiving and monies for the scholarships? [SPEAKER CHANGE] No M'am, the scholarship grant takes the place of the tax credit. We are repealing the tax credit so that money that was going out as expenditure will now be applied to the scholarship grant so it will not be in addition to the previous tax credit, it is replacing it. [SPEAKER CHANGE] So, follow-up? [SPEAKER CHANGE] Gentleman yields? [SPEAKER CHANGE] Gentleman yields. [SPEAKER CHANGE] So the amount of money we have in this bill, was it reduced by the number of tax credits that were given last year? [SPEAKER CHANGE] Yes M'am. [SPEAKER CHANGE] Thank you. [SPEAKER CHANGE] Representative Brandon, please state your purpose. [SPEAKER CHANGE] To speak on the bill and I'd like to offer an amendment. [SPEAKER CHANGE] In which order does the gentleman wish to be recognized? [SPEAKER CHANGE] The amendment first, please. [SPEAKER CHANGE] The gentleman is recognized to send forth an amendment. The Clerk will read it. [SPEAKER CHANGE] Representative Brandon moves to amend the bill on page 2, line 14 by rewriting that line to read. [SPEAKER CHANGE] The gentleman is recognized to debate the amendment. [SPEAKER CHANGE] Ladies and Gentleman, and Mr. Speaker I appreciate it. This is just really an amendment that will create a little bit more accountability. The bill sponsors are okay with it and the ARK, the organization that deals with children with disabilities, is also okay with it and I urge your support of the bill. [SPEAKER CHANGE] Representative Jordan, please state your purpose. [SPEAKER CHANGE] Representative Brandon is correct, he is also one of the primary sponsors. I am supportive of the amendment as well. [SPEAKER CHANGE] Further discussion, further debate on the amendment? If not the question before the House is the passage of the amendment sent forth by Representative Brandon to the House Committee substitute #2 for House Bill 269. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members please record. Representative Insko. The clerk will let the machine record the vote. 105 having voted in the affirmative, 3 in the negative. The amendment passes. We are back on the bill. Representative Brandon, please state your purpose. [SPEAKER CHANGE] To speak on the bill. [SPEAKER CHANGE] Gentleman is recognized to debate the bill. [SPEAKER CHANGE] Folks, I am a proud primary sponsor of this bill. We did this bill last year, it passed out of here maybe with just a few people voting against it. It passed the Senate unanimously. This year we are back with a very similar bill that allows people who were not able to take advantage of it, now they can take advantage of it. This is a really good bill because the folks that I represent, and a lot of you represent, now because it is not a refundable tax credit, it is a grant, now will be able to receive the tax credit. This bill is about choice, sometimes you will hear rhetoric about that but we do believe that parents have the right to choose the school, especially if they have a child with special needs. The public schools do a great job with special needs but there are parents who are looking for choice and this gives them the ability to do that and this gives us a grant to be able to do the same thing for folks who are limited in income, to those who need it the most. I urge you to support the bill. [SPEAKER CHANGE] Representative Hamilton, please state your purpose. To ask the bill sponsor

answer a question. [SPEAKER CHANGES] The House will come to order. Those needing to carry on conversations will please exit the chamber. The lady wishes to direct a question towards Representative Jordan [SPEAKER CHANGES] Representative Jordan, yes sir. [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] Yes sir, I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you. Representative Jordan, the parents are reimbursed for the cost of tuition in two installments, one in the first semester, and one in the second? [SPEAKER CHANGES] Yes, that's correct. [SPEAKER CHANGES] Follow up [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Currently, do public schools offer the treatment for children with disabilities for free? [SPEAKER CHANGES] The schools offer some treatments, yes. The ones that they do offer are free. Many families have to go outside and provide other services at their own cost. [SPEAKER CHANGES] But predominately children with not so severe disabilities are dealt with in the public school system? Sorry Mr. Speaker. [SPEAKER CHANGES] They are for a large part, yes. [SPEAKER CHANGES] Okay. Mr. Speaker, I'd like to be recognized to send forward an amendment. [SPEAKER CHANGES] The lady is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Hamilton moves to amend the bill on page two, line 14, by rewriting that line to read [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Effectively, what my amendment will do is require that the private school or the non-public school provide the same free services that are already being provided for by the public school system. The intent of this amendment is to protect the purpose of this bill, which is to assist low income families with tuition support. You will find that across the state, most private schools do not provide the disability treatment. Treatment for ADHD, for the more moderate disabilities, for free. They in fact charge an additional fee for special tutoring services or special treatment. In fact, there are many private schools throughout the state that don't even provide for an assessment of a child. That must be paid for out of the parent's pocket, as opposed to an assessment for a child which is provided for in the public school system. So what this bill effectively does is protect, again it protects the purpose of the bill, which is to provide tuition reimbursement for low income families with, for children with disabilities. It would require that the non-public school provide these services at no additional cost to the parents. [SPEAKER CHANGES] Speaker point of order. Representative Stam, please state your point. [SPEAKER CHANGES] Under Rule 43, a House amendment deleting a previously adopted House amendment should not be in order, and it appears to be the same line that Representative Brandon just amended. And if that's true, it's a little hard on these computers to put them all side by side, [SPEAKER CHANGES] The House be at ease. The chair rules the amendment out of order. The amendment is withdrawn. Representative Jordan, please state your purpose. Representative Goodman, please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker. I would like to use my get-out-of-jail-free card and change my vote on the Representative Brandon's amendment from No to Yes. [SPEAKER CHANGES] The gentleman is recorded as having voted Aye on the Brandon amendment. Representative Insko, please state your purpose. [SPEAKER CHANGES] To comment on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill as amended. [SPEAKER CHANGES] Thank you Mr. Speaker, [SPEAKER CHANGES] The House will come to order. [SPEAKER CHANGES] Ladies and gentlemen of the House, this is a really important bill for us to be getting better and more special education services to children who need them. This population of children is badly underserved across the entire state. I served on the Chapel Hill ?? for eight years and was a county commissioner and much of my time was spent trying to get improved services for children with disabilities. The federal government never paid the amount of money they promised they would pay, so it's been left up to the states and local governments to supplement those services. Unfortunately, it costs a lot more than $3,000 a semester, or $6,000 a year, to provide an adequate and appropriate education for these children. Many of you live in communities, larger communities, that have special schools for children with disabilities. And if you do that, Salem has them, Charlotte has them, Raleigh has schools, Durham has a school

I think there's one in Asheville also, the tuition for those schools is probably $10,000 a semester and the class sizes are four to five students each because that's the best way for these children to learn and to catch up. $3000 a semester will be a small down payment on the amount of payment it will cost to send these children to an appropriate school. So I'm in favor of helping children with disabilities, I think we need to be putting more money into all these programs. This bill could help the people who have ore money, but it will not help low income parents because they will not first of all have the money to drive their children to school, they won't be able to get off work, transportation will be a problem. So I would like to be able to support a bill that did do this, this bill is not adequate to do that, I'm gonna vote against this bill, I hope we'll have abetter bill sometime [??] ... [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Brandon please state your purpose. [SPEAKER CHANGES] To ask representative Insko a question. [SPEAKER CHANGES] Representative Insko does the lady yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The lady yields. [SPEAKER CHANGES] Representative Insko I just heard you say that you would support a bill that would do all that, I want to know did you consider making an amendment to increase the cost, maybe making it from $3000 to $7000 or $8000 dollars to be able to afford for low cost students? Because I certainly would support that amendment if you wanted to do that. [SPEAKER CHANGES] Well thank you representative Brandon. I would support an amendment that would increase the amount of money for all the children with disabilities that go to public schools or to private schools, I would do that. [SPEAKER CHANGES] Further discussion, further debate. Representative Adams please state your purpose. [SPEAKER CHANGES] To ask the bill sponsor a question, Mr. Jordan. [SPEAKER CHANGES] Representative Jordan does the gentleman yield? [SPEAKER CHANGES] Yes sir I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you representative. I think in committee when we talked about this bill there was some discussion about the fact that the money follows the student, is that correct? [SPEAKER CHANGES] I believe so, yes. [SPEAKER CHANGES] Follow up Mr. Speaker. [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] Yes I do. [SPEAKER CHANGES] Gentleman yields. [SPEAKER CHANGES] Is there a point where a student leaves pubic school, goes to private school because that's what these funds will do, and they need to come back, will the money come back? [SPEAKER CHANGES] I'm not sure of the answer to that. Gotta ask maybe one of the other sponsors. [SPEAKER CHANGES] Does the lady wish to redirect the question to representative Stam? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Representative Stam does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] And I heard the question. Representative Adams this is a reimbursement after you have paid for the tuition and the special services on a daily basis for that semester. So they don't come back that semester. Thank you for the question. [SPEAKER CHANGES] And thank you for the answer. May I speak on the bill Mr. Speaker? [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. Well I needed that clarification and I think that makes it a little bit worse for the children that we're talking about. We're talking about the poorest, the poorest of children which means the parents are poor. Children live in poverty because their parents live in poverty. Now how in the world - we're talking about a reimbursement, we're talking about the fact they've got go spend the money first that they don't have. And as representative Insko has said, the cost of the tuition, the money that's being provided, $6000 dollars is not going to offset that, and for some parents - these parents that you're talking about, 600 dollars would probably be a problem for them to raise. So while we say that we want to help the poorest of children, and I think that's good and I certainly support all children, particularly children with disabilities. But we're setting them up for failure. They're not gonna be able to attend. They're not gonna be able to get there, they're not gonna be able to raise the funds to offset what is going to be provided for them. And I'll tell you, I don't even see how they're going to have it to pay on the front end and to be reimbursed for it. Lets just be real about this, there are some other things going on here. The money that's being provided for the poorest of children will not help them get the education that we say or that the bill sponsors say they want them to have. They will not be able to - now I've researched schools all over this state, even those in Guilford. You cannot pay for it on $6000...

6000 dollars a year, but you've got to have the 6000 dollars to pay for it up front, this is not a good bill, it does not do what the sponsors say it will do and I think we need to be realistic, yes some people will be able to pay the difference, but it wont be the poorest of children that we talking about, and I'm going to oppose the bill, hope you will as well [change speaker] representative olly please state your purpose [change speaker] speak to the bill [change speaker] the ladies recognize to debate the bill as amended [change speaker] my problem with the bill is even more basic than that, this money is suppose to be going to disabled children to a private facility, but nowhere in this bill does it say its going to address the disability, now the public school system has had to address the disability of these children, they've done an iup, iep and they are getting daily work done on this, yet nowhere in this bill, when this money goes the child goes to their private school is there any accountability for them addressing the issues that the child or disabled child has brought with them, this is a very very significant problem with this bill, this money could go to tuition, but its not going toward the speech therapy, its not going for the other therapies that the child may need and that's where i think the major major flaw is with this bill and i cant approve it thank you [change speaker] representative braden speak your purpose [change speaker] speak a second time on the bill [change speaker] gentleman is recognized to address the bill a second time [change speaker] i think that people miss the whole point of what choice means, its a mind boggling argument, to me to think that someone who has a special need child that is looking for choice would actually take their child to a school that is inadequate, who would do that? who in the world would do that? if you had a child that had special needs and you knew the services they need, why in gods name would you ever take them to a school that didn't serve them correctly and its a false argument, please vote for the bill [change speaker] further discussion further debate, representative lucas please state your purpose [change speaker] to ask representative brenden a question [change speaker] representative brandon does the gentleman yield? [change speaker] absolutely [change speaker] the gentleman yields [change speaker] representative brandon, using the scenario the representative holly just indicated, a child that needs speech therapy, is this private school going to provide a certified speech clinician for that child? [change speaker] I think that if the parent, had a child that had a speech deficiency that was looking for a choice, would not take their child to a school that did not have a speech therapist, it does not make sense, because they would actually have to pay for the cost of the private school, they might have to make up the difference of the 3000 dollars, just like representative inscell, they might have to drive there, why in the world would you drive to a school, pay additional cost, and not have the services, I don't understand that [change speaker] representative adams please state your purpose [change speaker] to speak a second time [change speaker] recognized to debate the bill a second time [change speaker] thank you speaker thank you, i don't think that anyone has suggested that the schools were inadequate, I'm certainly suggesting that the pocket books of these parents are inadequate and that's the problem, that we can set up this process and provide funds, but if they cant take advantage of it than this bill, than what we're offering doesn't do them any good, i believe parents are going to try and select good schools for their children, that is not my concern, once they identify the school, do they have the money in their pocket? if your talking about the poorest of parents they do not, its a bad bill [change speaker] further discussion further debate, if not the request from before the house is the passage, of the house committee substitute the house put 269 as amended on its second reading, all in favor vote aye, all opposed vote no, the clerk will open the vote. all members please record, the clerk lot machine will record the vote, 74 having voted in the affirmative and 37 in the negative, the house committee substitute number 2 to house bill 269 is amended has passed its second reading and without objection [change speaker] objection [change speaker] objection [change speaker] objection having been raised bill remains on the calendar. house bill 450 the clerk will read. [change speaker] committee substitute.

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[Speaker Change] This is simply to add the Bill to tonight’s calendar for consideration. If we don’t start adding these Bills here we’re going, we’re going to be here a long while. It only takes a majority leave to add the Bill and I think that as a courtesy that, that’s has routinely happened. So I ask the member, whoever objected, consider withdrawing their objection. Seeing that, I’d ask that we add the Bill, I’d ask to be heard for a motion. [Speaker Change] Mr. Speaker. [Speaker Change] The gentleman has withdrawn the motion. Is there further objection? So ordered. [Speaker Change] Mr. Speaker. [Speaker Change] Representative Adams, please state your purpose. [Speaker Change] Can I ask the gentleman what the Bill is? [Speaker Change] I’ll yield. It’s House Bill Seven Thirty, excuse me, House Bill Seven Thirty, titled Insurance and Healthcare Conscious Protection. [Speaker Change] Thank you. [Speaker Change] The next Bill, Mr. Speaker, move that the House Bill Nine Eighty Two, short title is Modify Medicaid Subrogation Statute, be added to tonight’s calendar. [Speaker Change] Without objection. So ordered. [Speaker Change] House Bill Seven Fifty One, short title, North Carolina Religious Freedom Restoration Act to be added to tonight’s calendar. [Speaker Change] Without objection. So ordered. [Speaker Change] House Bill Three Sixty Two, short title is Department of Public Safety Changes. That be added to tonight’s calendar for consideration. [Speaker Change] Without objection. So ordered. [Speaker Change] House Bill Six Eight Three, short title Common Sense Consumption Act. Move that that Bill be added to tonight’s calendar. [Speaker Change] Without objection. So ordered. [Speaker Change] House Bill Six Ninety Five, short titled, Foreign Laws Protect Constitutional Rights be added to tonight’s calendar. [Speaker Change] Without objection. So ordered. [Speaker Change] And House Bill Seven Eleven, short titled, Define Parental Rights Statutory Law be added to tonight’s calendar. [Speaker Change] Without objection. So ordered. House Bill Seven Fifty Five, the clerk will read. Ladies and gentlemen, the Bill was, is back before us. It was displaced. At the time it was displaced Representative Blust motion was before us. The lady is recognized to debate the motion. Debate the amendment. [Speaker Change] Thank you Mr. Speaker. In a final appeal for your support for this amendment. First of all I would like to address a couple of comments that were made in the opposition to or reasons why you shouldn’t. And first of all, I guess I need to commend Representative Stam for Apex and their wiliness to have computers and everybody that’s needing to know what happens in the city of Apex. But how many of you have large rural areas where that access is not available? How many of you have sections in your urban areas where that’s not affordable and they do not have access? As far as Representative Ramsey asking about what we’re doing here tonight being available only on the internet. It’s no secret we’re in town and the doors are open for us to speak. Yet we’re trying to introduce limitation on the notices for public hearings that will impact people’s lives. They won’t know the meetings areas taking place. They won’t be able to walk through the doors and make their views known. I don’t think that’s what we want to do. The stated goal here tonight is to save money. That may be part of it. However there seems to be an ulterior motive driven by the natural tension that exist between the government and the press. As been reflected in some recent exchanges here in the General Assembly. To legislate anything here based on pettiness or paranoia, seeking revenge belittles the position we hold. As the ultimate source of all government funding, whether it’s Federal, State, or Local, through their taxes or their fees, our citizens are entitled to and should demand the fundamental obligation of openness and honesty from the people they elect. The button we push tonight is not going to be about saving our tax payers money. The button you push tonight is going to tell the citizens of North Carolina how important you think they are as participants in their own government. Please support the amendment. Thank you. [Speaker Change] Representative McGrady, please state your purpose.

...Speaker, on the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Member, I recently circulated, if you've been on your email accounts, a message from Secretary Skvarla, the department and the secretary support this amendment. This is a bill about giving notice. Despite what you've heard from the press, this isn't about newspapers, although it clearly is about money. Western Union thought sending messages by wire was their mission. No, they forgot they were about communication. The railroads thought they were about moving people and cargo by rail; but, no they almost lost it, too. They were about transportation. This is about notice. There's no ulterior motives here. This is a pilot project. The bill has been narrowed with time and in fact it's an effort to expand notice, not limit it. Fact: circulation of newspapers are plummeting. Fact: a lot more people, particularly those younger than us, are receiving their notices, their communications, electronically. How do we know if we can do notice better if we're not even willing to run a pilot project? There are only four classes of notification here, out of all the notices that one department of state government is offering. And you're telling me that we can't run a pilot in that way? How long is it we're gonna [sic] wait until we begin to look at this? I urge you to defeat the amendment, and then vote for the bill. [SPEAKER CHANGES] [pause] Representative Moore, please state your purpose. [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mr. Speaker, we've had a healthy debate on this. I move the previous question. [SPEAKER CHANGES] Representative Moore moves the previous question on the amendment sent forth by Representative Avila. This is a vote for the previous question, it'll be a separate vote for the amendment itself. Ladies and gentlemen, the Chair will give you a few minutes or a few seconds to get back to your seats. The question before the House is the motion to move the previous question. All in favor vote aye; all opposed vote no. The clerk will open the vote. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] The Clerk will lock machine record the vote. 80 having voted in the affirmative, and 30 in the negative, the motion passes. Representative Wilkins, please state your purpose. Representative Malone, please state your purpose. Ladies and gentlemen now by rule we are going to go to the amendment. Representative Avila has set forth by rule but the majority and the minority have a period of up to three minutes. The House will be at ease. [pause] Ladies and gentlemen, there is a debate as to whether or not there--by rule--the rule states- [end of data...]

...that the three minute per side is only for the main question; therefore, we go strictly; and just by explanation, when we do a call of the previous question for the main question, the minority and the majority caucus have a period of up to three minutes to debate the bill before we vote, and no other debate. But, by rule, there is no time allotted for amendments, therefore we go directly to the vote. The question before the House is the amendment set forth by Representative Avila, to the House Committee Substitute for House Bill 755. All in favor vote aye, all opposed vote no; the Clerk will open the vote. [pause] All members wishing to record please do so. The Clerk will let the machine record the vote. 68 having voted in the affirmative, 41 in the negative, the amendment passes. Further discussion; further debate? Representative McGrady, please state your purpose. [SPEAKER CHANGES] I move to displace the bill temporarily. [SPEAKER CHANGES] The bill will be temporarily displaced. [pause] House Bill 730, the Clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 730, a bill to be entitled an act, to modify certain laws pertaining to abortion and contraceptive health insurance coverage and to limit abortion coverage under health insurance plans offered under a health benefit exchange operating in North Carolina, or offered by a county or municipality, the General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stam, please state your purpose. [SPEAKER CHANGES] Offer an amendment. [SPEAKER CHANGES] The gentleman to send forth an amendment; the clerk will read. The House will come to order. [SPEAKER CHANGES] Representative Stam moves to amend the bill on page one, lines two and three by rewriting those lines to read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Mr. Speaker, members of the House, this deletes the section that relates to the religious employer exception for the provision of contraceptives in the conscience of the employer, and I ask all the members of the House to vote for the amendment so we can proceed to the other provisions of the bill. [SPEAKER CHANGES] Representative Murry, please state your purpose. [SPEAKER CHANGES] Ask members to support the amendment. [SPEAKER CHANGES] Representative Martin, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. As one of the primary sponsors of this bill, I ask you to support this amendment so we can move forward with business. Thank you. [SPEAKER CHANGES] Representative Shaffer, please state your purpose. [SPEAKER CHANGES] Simply to ask that you oppose the amendment--and the amendment furthers--the amendment guts--a major portion of what we're trying to do in protecting the conscience rights of employers in the state. I ask you to vote no. Thank you. [SPEAKER CHANGES] Representative Conrad, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The lady-- [SPEAKER CHANGES] and amendment [SPEAKER CHANGES] We are on the amendment, the lady is recognized to debate the amendment. [SPEAKER CHANGES] As one of the primary sponsors of the bill I would ask you to support the amendment. Thank you. [SPEAKER CHANGES] Further discussion; further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Stam to the House Committee Substitute for House Bill 730. All in favor, vote aye; all opposed vote no. The clerk will open the vote. [pause] The Clerk will let the machine record the vote. 79 having voted in the affirmative, and 32 in the negative; the amendment passes. We're now back on the bill. Representative Shaffer is recognized to debate the bill as amended. [SPEAKER CHANGES] Thank you, Mr. Speaker. And, ladies and gentlemen, we had a very lengthy debate on this bill earlier today in committee. I just wanted again by reminding the members of this chamber that our North Carolina state constitution states in Article I, Section 13, that no human authority shall in any case whatever control or interfere with the rights of conscience. This bill attempts to do that. It attempts to protect individuals from--from violating their consciences. We discussed at length the nature of the fact that many folks in North Carolina have differing views, and one of the speakers this morning opposing the bill mentioned that some of these issues are not very controversial; and really, indeed, they are--[end of data...]

to not put folks in the position of having to violate their consciences on these controversial issues. So, just take you briefly through the bill. The first section adds health care provider to the protections for individuals in the health care community form being required to perform abortions or engage in any type of medical activity that will end in an abortion. So we've done that. The latter portions of the bill, the latter two sections of the bill, the first of the two, really is essentially the opt-out provision from the mandate for providing abortions under the health plan offered through affordable care act. This is expressly authorized by federal law, so we've just taken that and we're doing that. The 2nd of the two mirrors the ?? at the federal Hide Amendment and essentially says that local tax dollars cannot be used to provide for abortions in health insurance plans for local city and local employees. I would ask that the members support the bill, this is a good thing for the conscience rights of North Carolinians. Thank you. [SPEAKER CHANGES] Representative Ross, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill as amended. [SPEAKER CHANGES] Thank you very much Mr., Speaker. This bill takes an enormous step backward for the reproductive rights of the women of North Carolina. Right now more than 90% of health plans have the ability, women have the ability to use their insurance to cover abortion. It's a choice, it's a legal choice. Women pay co-pays for their insurance with their private insurers, and they have a right to be able to get the full panoply of health care options. If private insurers, not for religious reasons, but for these other moral reasons or their own choice, want to deny those rights to women, they are imposing their own views on captive employees. And that is just wrong. Moreover, that conflicts with federal law. And a federal judge in Missouri just ruled that the affordable care act preempted private insurers decisions to do that. So my friends, you are setting yourselves up for another abortion lawsuit. Track records so far from this House of Representatives in the last couple of years, three laws stricken or held up, as unconstitutional. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Blust, please state your purpose. [SPEAKER CHANGES] See if Representative Ross will yield for a question. [SPEAKER CHANGES] Representative Ross, does the lady yield? [SPEAKER CHANGES] Yes. I yield. [SPEAKER CHANGES] The lady yields. [SPEAKER CHANGES] These lawsuits you're talking about, at what stage are those? Were those just the district court? Have any of those even made it to the circuit court yet? We're only 2 years into this and these things take a while to weave their way completely through the courts. [SPEAKER CHANGES] Representative Blust, so far they are at the district...most of them are at the district court though the 4th circuit has been very clear on the choose life license plate. So, there we go. But while they're going up, tax payers dollars are being used. And they're being used really to try to deny women the rights that they have. Their Constitutional right to be able to have an abortion because certain people oppose women exercising that right. Nobody here wants people to have to have an abortion. But when you need to have a procedure like that and a woman and her doctor choose to have it, it is best to have it in the safest possible way, and if women have a health care provider that provides it if insurance companies are willing to cover it, that is the safest, most affordable way to do it. And this bill does everything it can to deny that option to women. And all I can say is that women will remember how you vote. Please vote no. [SPEAKER CHANGES] Representative Insko, please state your purpose. [SPEAKER CHANGES] To send forward an amendment. [SPEAKER CHANGES] The lady is recognized to send forth an amendment. The clerk will read.

[Speaker changes.] ...Representative Insko moves to amend the bill on page two, lines 20 through 27 by rewriting the lines to read: [Speaker changes.] The lady is recognized to debate the amendment. [Speaker changes.] Thank you, Mister Speaker and I understand the line pages have been changed...the...the line numbers, this is Section 2A...I believe it's section 2A. The patient...you all probably know that the patient protection and affordable care act forbids the use of tax dollars to fund abortions. That's a restriction on how tax dollars are used. We may not always deci...agree on how the tax dollars should be used but I think we all agree that that's an appropriate decision for legislators...for elected officials to make. What's the best use of tax dollars? This language goes a lot further and makes it virtually impossible for any woman who buys insurance through the state exchange to obtain a policy that includes comprehensive, reproductive healthcare, including access to a legal abortion. This language restricts a woman's right to make her own decision...an independent, freewill decision that she believes is in her own best interest. Controlling decisions a woman can make about her own health is a very big step beyond making a decision about how to use tax dollars. Elected officials are not expected to limit anyone's right to make their own decisions about legal, comprehensive healthcare insurance. My amendment replaces the language in this section with the language that exists in the federal affordable care act, restricting the right of any tax dollars to be used through the exchange in any way for the use of abortions. It limits it to just that so I hope that you will vote...please vote for my amendment and don't further restrict a woman's right. We don't have the right to do that...to impede a woman's right to make her own decisions. Vote for the amendment. [Speaker changes.] Representative Stam, please state your purpose. [Speaker changes.] To speak on the amendment. [Speaker changes.] Gentleman is recoznized to debate the amendment. [Speaker changes.] Mister Speaker, Members of the House...I have put on your desk an excerpt from the affordable care act and probably it was being passed..out...while Representative Insko and Ross were talking so they probably didn't see it but if you'll go to the page that at the top left says HR3590. This is a provision in that act which gives this body the power to do what it's just about to do. Look at there...and it's signed by Nancy Pelosi, Joe Biden and Barack Obama and it says, a state may elect to prohibit abortion coverage in qualified health plans, offered through an exchange in such state if such state enacts a law to provide such prohibition. It's right there...black and white...I could've had the whole bill but that was 2000 pages so I just picked out the relevant page. And then...so I don't hafta speak on the rest of the bill...if you turn to the next page, this is...this particular law is a couple years old but it's the same today as it was then. The DEWINE?????? amendment, the same standards in the federal employee health plans that are proposed in this bill, signed by Barack Obama, Jos Biden and Nancy Pelosi. [Speaker changes.] Representative Insko, please state your purpose. [Speaker changes.] To speak a second time on the bill... [Speaker changes.] [Speaker changes.] [Speaker changes.]

Offer through an exchange, referring to the exchange portion of the affordable care act. I thought we refused to set up an exchange earlier this year. Does this apply to that? [SPEAKER CHANGES] We did not set up a state exchange, but there is a federal exchange and the bill, the affordable care act specifically, consciously, negotiated with Burt ??, I think was his name, to stick this in the affordable care act to get enough people to vote for that bill, so that it would pass. So, yes, we can take action here to effect coverage in the federal exchange for policies offered in North Carolina. And many ?? states have done this. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Does the gentleman yield for a follow up? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] So are we participating in the federal exchange? [SPEAKER CHANGES] The federal exchange will operate in North Carolina, I don't know that we're participating in it, but it's gonna happen here because there is isn't a state exchange. [SPEAKER CHANGES] Representative Deborah Ross, please state your purpose. [SPEAKER CHANGES] To speak on the amendment. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Thank you. It is absolutely true that the state could pass this law. The portion of this that says that people can't get abortion coverage under the exchange. Many states have done it, most states have not. And the reason why states have not done it, is because they understand that if women pay for their own insurance under the exchange, which is what you have to do, that women should be able to select the kind of health care coverage they want to get. Rather than having the state choose it for them. Women are smart, they're the primary health care consumers for their families and themselves. And what this part of the bill says, is that you just don't respect a woman's right to make that decision, that you know better for her, and so you're going to double, triple, quadruple the price of an abortion. The result and consequence of that, they're gonna be two results. One, they're gonna be a lot of women who are gonna be hoppin' mad at you for doing it, and the second is gonna be that they may resort to less safe abortions and that will be on your conscious. Representatives Insko's amendment avoids both of those things, I encourage you to vote for it. [SPEAKER CHANGES] Representative Collins, please state your purpose. [SPEAKER CHANGES] Speak very briefly on the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] I just find it very ironic that people who have voted for two health care mandates over the last week suddenly want everybody to have freedom and not be mandated as to what's in their health care, I hope we'll vote against this amendment. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is to passage of the amendments sent forth by representative Insko to the house committee substitute for house bill 730. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 39 having voted affirmative, 70 in the negative, the amendment fails. Now, we're back on the bill. Representative Schaffer, please state your purpose. [SPEAKER CHANGES] To send forth an amendment. [SPEAKER CHANGES] The lady is recognized to send forth an amendment, the clerk will read. [SPEAKER CHANGES] Representative Schaffer moves to amend the bill, page 2, line 46 by rewriting that line to read. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. This is just a clarifying amendment, to fix the effective date. There were a few oversights that staff recognized just before session, also this just clarifies the effective date, I would urge you to pass the amendment, thank you. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not, the question before the house is to passage of the amendment sent forth by representative Schaffer for the house committee substitute of the house bill 730. 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. 96 have voted affirmative. 12 in the negative. The amendment passes. Representative Adams please state your purpose. [SPEAKER CHANGES]: Speak on the Bill Mr. Speaker. [SPEAKER CHANGES]: The lady is recognized to debate the Bill as amended. [SPEAKER CHANGES]: You know, women who seek abortion care may face if this Bill goes through high out of cost pocket expenses for these services and many perhaps will have to postpone the abortion care while attempting to raise the funds and so, as you've heard, the delay may exacerbate both not only the cost for these services but also the risks for the procedure. I said this morning in Committee when this Bill surfaced and this part of the Bill came up very suddenly, it was not disclosed to the public as to what was in this Bill, this portion was added, so people did not really have an opportunity to not only prepare a response but they were basically left in the dark. And when I look at the fact that we're talking about religion as sort of an underlying emphasis for this Bill, as a Christian, I am really appalled that we are using religion as a license to discriminate against women because that's exactly what this Bill does. A woman who decides to end the pregnancy deserves access to safe, legal care for the procedure. So taking away the coverage, and that's what we're trying to do. You take away the coverage that does not reduce the need for abortion. It only create a barrier, as you've heard, for women to have a safe medical procedure and care that they need and, of course, it's going to force some women to resort to some drastic measures. We've heard about the dark houses and that's perhaps what we're going to have. It's wrong for us to deny coverage for a legal medical procedure just because some people are opposed to that procedure. That is blatantly unfair and it is very unrealistic for us to believe that by eliminating an opportunity to women to have this as a part of their health insurance that we're going to solve at least a problem that you think exists. Now, we started out with this Bill eliminating contraceptive services and I'm pleased that we made some adjustments with that, and I just wanted to let you know that there are some companies that provide contraceptives for men who have various dysfunctional problems and so Viagra and those other kinds of things are provided, so I'm glad that we took another look at that. But, we need to come to grips with the fact that abortion is legal and in some instances it is needed, and for us to single out women, again we are discriminating based on gender and that is grossly unfair and this is just a series of Bills again coming through this General Assembly through this House that ultimately wants to get at eliminating legal abortion in this State altogether. That's exactly what we're trying to do. There are a series of Bills coming, there are a series of Bills we are already seeing and that is the ultimate goal and we need to be realistic about it. Women deserve the same opportunities, the same care for their health as we afford to men and we need to be mindful of the fact that we are continuing to discriminate based on gender. That is unfair and it's ungodly too. [SPEAKER CHANGES]: Representative Cunningham please state your purpose. [SPEAKER CHANGES]: To speak to the Bill Mr. Speaker. [SPEAKER CHANGES]: The lady is recognized to the

Bill is amended. [SPEAKER CHANGES] Yes members, I'm concerned that we could be setting up a double standard. For men there's currently insurance coverage for Levitra, Viagra and other medications for erection problems. Yes, there are. So women can't determine for themselves what to do with their bodies when they become pregnant and other issues arise? I'm a woman, I decide everything what to do for myself. When it comes to making a decision like that and a whole lot of other women out here in this world, that's between their doctor and their selves. It's a personal decision and their families, it's personal. In this bill there's no mention of exemptions for pregnancies from incest or rape. This is personal. It's between the doctor and their families, it's personal. So what are we going to say to the women that are raped? What do we say to the women that suffer the incest and may not have the income to raise a child? Could be very young. What options are they going to have? It also says in the bill that as a nurse if someone comes and needs help after an abortion, it could be botched, they could be hemorrhaging, that I possibly as a nurse should not perform those services to assist. That's what it says in the bill. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Stam please state your purpose. [SPEAKER CHANGES] As a health care provider - I do not yield. [SPEAKER CHANGES] If the lady will allow the chair to direct the discussion on the floor. The lady does not yield. [SPEAKER CHANGES] Thank you Mr. Chair. As a woman, as a nurse, anyone that comes to me for care no matter what it is required for service I would not turn them away. Abortion or not. It does not matter. Whatever the healthcare need is, that is what we are to provide. We are not to turn people away. Thank you. [SPEAKER CHANGES] Representative Moore please state your purpose. [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] Gentleman is recognized for a motion. [SPEAKER CHANGES] Mr. Speaker I move the previous question. [SPEAKER CHANGES] Representative Moore moves the previous question. All those in favor vote aye, all those opposed vote no, the clerk will open the vote. The clerk allot machine record the vote, 71 having vote in the affirmative, 36 in the negative, the motion passes by rule. The minority leader has a period of up to three minutes that he may delegate t another member, the gentleman is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker, and ladies and gentleman of the house I won't belabor this issue because we've discussed it and the facts don't change of what we're doing. Those who would say they're opposed to abortion by this bill and the actions contained therein only ensure that more women will have to suffer that fate and face that decision, and by removing their doctors and making counseling and care unavailable it does nothing to address the larger challenge. And so I would ask that you vote against this bill. [SPEAKER CHANGES] Representative Starnes is recognized for a period of three minutes or may delegate as appropriate. [SPEAKER CHANGES] Ladies and gentlemen of the house, I urge you to support life and vote yes on this bill. [SPEAKER CHANGES] The question before the house is the passage of the house committee substitute to house bill 730 on its second reading, all in favor vote aye, all opposed vote no, the clerk will open the vote. The clerk allot machine record the vote. 67 having voted affirmative and 38 in the negative, the house committee substitute to house bill 730 has passed its second reading. The amendment that was passed earlier changed the title so the bill will remain on the...

under the bush in prison for position purpose passionate and must have done for his promotion machine and house bills and 55 AM and 5/8, even if the commerce committee of rules that sex crimes or outdated the house bill, for when finds the revision counters of the overalls and text and sometimes into a sentence-assignment have here a different account of the owners of actions or ?? house bill 683 partly times as the browsing center in the contract of our civil actions against times distributors many factors various authors of works wonders or our houses of the comments and applied with the hope of Wilson jury indicted for you, I'm the sole claims arising out of hiding the city and county edition sauce and 24 PCT or are generally don't finish all-time off a normal aging likely to resolve the author of its auction off and on the fire, local channels may not regulate the size of small things offered for sale Johnson and author of the next person, PlayStation purpose single downtime has made the biggest maker of members of 63 is exactly what the signs and when it is a process known restraints from the SMS is the following is the main factors prepares more resources of the brain cells and selection index rose plus other supporters are packaged timeout for an easy way to your health related issues are fed into the water softener from it also prohibits on time, release of the strictures imposed by openness about Israel is offering some opposition was the last supper time: the age of $18.00 and some of the quest and individuals make a smart decision on the phone to this bill will swell site different reactions as the reason why they oppose this bill time, actually saw as it does exactly why we need the spill for foreign languages on many cases can take up to three years being very costly small business attire and Gary from SMS &Health department for getting to the court battle against occupation of the holder for your times readers and seasons and the sponsoring North Carolina is one of the German Judge Rebecca Jones said the states that have been climaxed his company has 1% liable for the Clinton administration is now time there is another cause someone like the station to hedge against these from those lawsuits one of those states Alabama time as the original appointment is calls on sincerity as his supporters know if you feel as though you think this one's not have time to send copies and supply of actor sales force and the investors a better ?? person to win all PlayStation purpose of Washington over person rounds are some mail and I'll than us up to it wanted sentiments for the 48 of his one has no ?? person Ross PlayStation purpose of this economy at ways that has made no , I mean he's never been as if it was a member of the delta is less necessary and I can't think of our ?? when these types of lawsuits are recognized in North Carolina and his hands on a Charlie brown told you on the area of 1% responsible and you can hire a part in time as the honesty person around the station purpose of my daughters and Brass is, is the greatest respect Washington's line on the permission you a excuse me. A little more you I'm as an appeal from home plate is for thinking is the speaker of the game are Carolina maintain outback time you and we cannot people are in three months since last of represented ??................

Blust and I actually have filed a bill to right this wrong, to right this injustice because what happens is people who are just the slightest bit negligent can’t recover anything in North Carolina, even if the person or the industry that injured them is 99% negligent, and we have had sob stories from people who were slightly over a line and got hit by somebody, a drunk driver, and couldn’t recover anything. So these kinds of lawsuits don’t happen in North Carolina, the kind that this bill is trying to prevent. Moreover, the sponsors of the bill couldn’t cite one case that had been filed. I represent probably more restaurants and bars than any single member in this body. Not one single constituent has come to me and asked me to support this bill. Not one of the restaurants and bars. It is a solution looking for a problem. Now you can vote for it and make yourself feel good, but somebody has to talk about what the truth is about the state of the law here, and we’ve got more bills to limit lawsuits, but no consideration for protecting our constituents when they’re injured. Please vote no. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] Representative Brown… The gentleman will yield. Representative Brown, the Chair owes you an apology. You were absolutely correct in being offended by the comment of having being referred to a title that you do not contain. The Chair apologizes for not catching that. Had I, I would have admonished Representative Ross for having said that. The gentleman is recognized for a motion. [SPEAKER CHANGES] To remove the previous question. [SPEAKER CHANGES] The gentleman has made a motion on the bill he sponsored to remove the previous question. Those in favor vote aye. Those opposed vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. 69 having voted in the affirmative and 39 in the negative, the motion passes. We’re now back on the bill. According to the rule, members have a period of up to three minute. The minority member, Representative Hall or a delegate, may speak for a period of three minutes. [SPEAKER CHANGES] Vote no. [SPEAKER CHANGES] The majority, three members. [SPEAKER CHANGES] Vote yes. [SPEAKER CHANGES] The question before the House is the passage of the House Committee Substitute to House Bill 683 on its second 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. 73 having voted in the affirmative, 36 in the negative, the House Committee Substitute to House Bill 683 has passed its second reading and without objection – [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] Objection having been raised by Representative Blackwell, the bill remains on the calendar. House bill 846. The Clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 846, a bill to be entitled ‘An Act to Enact the Job and Education Privacy Act to Prevent Employers in Colleges from Requiring Individuals to Disclose Access Information for Social Media and Personal Electronic Mail Accounts’. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Duane Hall, please state your purpose. [SPEAKER CHANGES] Speak to the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Members, this is a privacy bill. It was passed unanimously from committee, and as much as I’d like to take credit for it, it’s something that’s already passed in quite a few states, always with bipartisan votes, just like it did in committee, and what it does is it prevents potential employers or universities from requiring applicants to provide passwords to their social media or email accounts. We have worked on it with Representative Jason Saine and we’ve already carved out quite a few exceptions. Unfortunately there’s one more quick one I need to add to it tonight, so

the fourth amendment. Mister Speaker, the Jones ringmaster for the member before great recitative. all moves to amend [SPEAKER CHANGES] the bill on page three, lines thirteen through sixteen are rewriting those lines to read was recognized right imminent members. [SPEAKER CHANGES] this is one exception that our university system is asked us to add and for public safety on the way the bill is now is that it allows investigation by the public safety departments at universities, but not all universities have said this and that would also allow investigations from the Dean student office for things like sexual harassment of the members will support this amendment [SPEAKER CHANGES] further discussion further debate on the amendment is not a question for the house is the passage of the amendments and forth by rep. Senegal to the house reserves to browse only forty six Oliveira, but our" noted were going to vote for washing or the one hundred and six I voted affirmative into the negative. the amendment passes rubs in a process similar with me requires every minute I adjustment record starting at her back on the bill for the discussion for the right herbs in the sampling station purpose of legal bill. it does recognize the right bill as amended the statement was the house, I will share some issues with the sponsors overnight object the third reading, and Shira possible minute with him. I have it in case you're interested, I'm concerned with how this might affect private institutions as most public institutions at if not the question before the house is the passage of the House committee substitute House Bill eight forty six, as amended, on a second reading on paper, though not all) of our club about the Clark a lot received for the one hundred and ten having a deferment to the negative thousand a substitute that house, only forty six as minute as best second reading and will remain on the counter is at all that the chair understand that there is an amendment is going to be offered and that is the other reason I kept on the counter. how still not aged vertebrate dispute present of all the essential purpose of the recognized through move my objection on Thursday, [SPEAKER CHANGES] House Bill two sixty nine, is there further objection is the way prepared to support their member without objection.house Bill two sixty nine. the clerical rate terms of the North Carolina next president of Brandon. please take your purpose. I got think I can ever got free one four four hundred things about Louisville. the gentleman I was the last bill was that it will take care of this religion have eventually think your purpose well. [SPEAKER CHANGES] thank you, Mister Speaker G activated and then it all the. the lady should probably send forth for you that you send more than remember the car,great grandson of Hamilton Moose Mandeville on page. fourteen. by inserting the following sentence before the sentence that begins with praise the authority, the ladies recognize them for the amendment and article is recognized to debate him on it. we just have to decide I will, however, the point. this is just put that thing that I sent for the earlier different place and it was not in conflict with implemented and passed earlier sigh without I'll be happy to answer the questions presented, spam, please enter purpose to make the amendment to demonstrate an estimate imminent of assume it's the same text. they are what this amendment does is something that is not required in public schools, the Diane, it's out. we certainly don't want required in private schools and that is that all of the young special ed and related server

Required be at the school. That shouldn't be. Y'all may have received a communication from A-R-C, ARC, giving the reasons why this is not possible or not a good idea, is a lot of parents even in public school today they get some of their special ed services in the public school and they go out and buy them elsewhere. So we want the parents to have the freedom, I'll just give the example because it was very similar to one that was asked for Representative Brandon. You may have a child that has a speech problem and that child may want to go to ABC school and then every afternoon after school go get those speech services for a few minutes or a half hour, just whatever, in a private clinic. And this amendment would prohibit that, and the sponsors of this bill very much ask you to defeat this amendment. [SPEAKER CHANGES] Representative Insko please state your purpose. [SPEAKER CHANGES] To ask Representative Hamilton a question. [SPEAKER CHANGES] Representative Hamilton does the lady yield? [SPEAKER CHANGES] Yes I do. [SPEAKER CHANGES] The lady yields. [SPEAKER CHANGES] Representative Hamilton is there anything in your amendment that requires that the services to be provided at the location? [SPEAKER CHANGES] No. Thank you for asking the question Representative Insko, I was going to address that myself. It does not require the services be provided at the school physically at the non-public school location, but that the non-public school not charge any additional fees or tuition associated with the special services for the child, therefore protecting the tuition reimbursement for the child that the bill is intended to provide. [SPEAKER CHANGES] Representative Stam is recognized to debate the amendment a second time. [SPEAKER CHANGES] To speak a second time. Mr. Speaker on line six required by the students [??] on a daily basis from the non-public school. We debated this almost three hours in the three committees to which this was sent. So each of you heard it and one and in some cases two and for some of you you heard it three times. Every single objection in those committees was not really to the bill but to the existing law. And Representative Hamilton again wants to change existing law to make what we have less useful for the people who need it and use it. What the bill does is to make the existing program possible for those of lower income. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] And I'm - I will yield. [SPEAKER CHANGES] Representative Insko please state your purpose. [SPEAKER CHANGES] To ask the speaker a question Representative Stam. [SPEAKER CHANGES] Representative Stam does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative Stam, I still don't agree with your interpretation. I understand that students do take field trips, they go to Moorehead planetarium and they are receiving the services there. It's off site, it's still a service. It's provided by the school. So can you correct me if I'm wrong about that? [SPEAKER CHANGES] I can. This amendment requires that the special education related services be received from the non-public school. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] The existing law - let me finish my answer and then I'll be glad to accept the follow up. Existing law does not require that. Existing law says that you can be reimbursed for tuition and/or special education related services. And for your information related services is not just some vague term, it is a term of [??] and it's four pages in the federal register. So we know - everybody in the field knows what those are. And I just want you to know that the Disability Rights groups very much oppose your amendment. [SPEAKER CHANGES] Representative Hamilton please state your purpose. [SPEAKER CHANGES] Just to I guess debate the amendment with the speaker. [SPEAKER CHANGES] The lady is recognized to debate the amendment a second time, the speaker up here or the other person who spoke, he spoke but he's not actually the speaker. [SPEAKER CHANGES] Representative Stam. [SPEAKER CHANGES] The lady is recognized. [SPEAKER CHANGES] Thank you very much Mr. Speaker. I think we have a difference of opinion on interpretation here. I'm happy to send forth some perfecting language to make sure that everyone understands that you don't have to actually have the treatment on campus. The intent of the amendment is to make certain that the non-public school provides the services at no additional fee or tuition cost to the students.

But there are not I'm the last thing the tuition reimbursement for purposes not mainstream person ?? process of reading and it's not a question for us is best to be menacing for the residents into the house may substitute number two for house bill 269 aldermen the whole President Clinton ?? ?? all of lee's report time was important points in a different setting and Tina sales are now back to bill procession for the debate in my quest for the house is the best time of the house may substitute number 2069 on summary Alderson wallpaper tile reminder for the older the whole president for one ?? ?? who was important ?? city fire department 3619 as a substitute number two in a house built a 69 stresses the timing will be sent as an actor or simply one is records and the night time house money is in the only reasons I'm not allowing development, act one, making certain agents acted in response to define states supreme court time and cost the united Johnson and author on a ?? president carter's recognize the pro-statehood has attacked with 43 1/2 out of the judiciary and a lot of homeless for every dollar-a knowledge of the members end of the time-formed in the haulers birds well and was sees the Hopwood office, estimates for-Primetime for tonight and non-white house's passage of the house may substitute now some of these are on separate aldermen, was the development ?? on display for ?? who was important 108, Fuhrman for that it as a substitute for house bill bases as it reminds action will be rather to consider alternatives as president and not a question for the house passed the house because the substitute of one of these areas are $3.00 a night while president in a sad time a substitute house will not exist as a reading will be sent as an house bill 362 to 4. Two is a city property more timely 60 to 00 and unexpected calls are fine and substance changes relating to the department of all its 89 to 1 thing the support seen driving to criticism of the jobs of all for one person one more PlayStation purpose and say that outline of the ladies in the night of course, as ran on a less bill on a show of pushing real activity was one of one year on: the change will become $100,000-person is there a way station purpose united only does that has made no -based maker of the house bases-seeded on our time, inside the restaurant at his request of armaments that this is having on us time and were , in your driveway of lives of more members and two members of the office all instructions for a Dr. Watson and the one with the doctor's orders for ?? rape discussion, but did not question for the house's passage of the house may substitute house bill 362 on a separate holder, as the number one of the ?? ??....................

Speaker1: All members please record. Clerk will allow the machine to vote. One hundred and eleven have voted in the affirmative and one in the negative, the house committee substitute for House bill 362 is passed its second reading without objection would be read a third time. Speaker changes: Sure. North Carolina in act. Speaker changes: Further discussion further debate .If not the question before the House is to pass The House Committee substitute number two to House bill 362 its third reading. All in favor say aye, all opposed say no. The ayes have it. The House bill substitute number two for House bill 362 has passed its third reading and will be sent to Senate. Speaker changes: House bill 751, the clerk will read it. Speaker changes: House bill 751 the bill to be titled in act in North Carolina, Religious Freedom Restoration Act [ journal??] North Carolina in act. Speaker changes: Representative Schaeffer please state your purpose. Speaker changes: I shall debate the bill. Speaker changes: Lady is recognized to debate the bill. Speaker changes: Thank you Mr. Speaker, this bill House bill 751 passed out of judiciary just a few hours ago xxx was of unanimous vote; I know of no opposition towards xxx efforts by the State to codify the compelling state interest for determining the constitutionality of government action that burdens religious freedom; again there are some 20 states that have these types of bills in place. We do have Federal refer in place and this is an attempt to put the state on board with those, the clients. I ask support of the bill. Thank you. Speaker changes: Representative Howard please state your purpose. Speaker changes: Mr. Speaker, looking on dashboard I don’t see we have a fiscal note. I would like to request one. Speaker changes: Representative Schaffer , does this lady have a fiscal note created for this bill? Speaker changes: I do not have a fiscal note created for this, as I was not aware that I needed one. I request that we have one please. Speaker changes: Representative Schaeffer the finance chair does have the authorization request to a fiscal note to examine the fiscal impact the, what we can do now is rather refer this bill back to committee or xx for tomorrow to see if it is passed xx for a fiscal note , but we will set the bill aside for now and determine the disposition. House bill 711; the clerk will read it. Speaker changes: Committee substitute for House bill 711: bill xx requiring the legislator commission to research issues relating to xx rights. Speaker changes: xxx Speaker changes: xx North Carolina in act. Speaker changes: Representative Floyd please state your purpose. Speaker changes: To debate the bill. Speaker changes: The gentleman is recognized to debate the bill. Speaker changes: This is simply what it says, a study bill so that we can study the effects of xx rights, what’s going on in our nation now. Thank you. I urge your support. Speaker changes: Further discussion, further debate. If not the question before the House is to pass it tot house committee substitute House bill 711 on its second reading. Those who favor vote aye, those opposed no. Clerk will open the vote.[ pause] All members please record. Clerk will allow the machine to record the vote .One hundred and nine have voted in the affirmative, two have in the negative; the House committee substitute to House bill 711 has passed its second reading, without objection to be read a third time. Speaker changes: Senate in North Carolina in ACT. Speaker changes: Further discussion further debate. If not the question before the House is to pass it to the House committee substitute House bill 711 on its third reading. All in favor say aye, all opposed say no. The ayes have it. The House committee substitute for House bill 711 has passed its third reading [pause] and will be sent to the senate. Speaker changes: xx Speaker changes: Representative Blackwell, the chair understands that you have prepared an amendment and you are prepared an objection to reading House bill 683? Is that correct? Speaker changes: I am understanding that I’ll have an opportunity to present an amendment. Speaker changes: That is correct. Speaker changes: Yes sir, I do. Speaker changes: The Representative Blackwell has withdrawn his objection to third reading of House bill 683. Is there further objection? If not..

Speaker1: House bill 683 for xx reading. Speaker changes: xxxx North Carolina Act. Speaker changes: Representative Blackwell is recognized to read the amendment. Speaker changes: Representative Blackwell moves to amend the bill, on page one , lines 24- 31 by rewriting those lines to read. Speaker changes: Representative Germanio is recognized to explain the amendment. Speaker changes: Thank you Mr. Speaker. I basically am in agreement with the thrust of the proposed bill; I just think that there is a definite sense in which the bill in an effort to protect businesses, not just small businesses, but large manufacturers , anybody that is essentially engaged in dealing with food, that it perhaps goes overboard ,this amendment would two things that I think would improve the bill and make it more reasonable. First of all as the bill currently defines knowing and willful conducts, it doesn’t just require that there be an intent to deceive or injure xx or actual knowledge that conduct be injurious in order to be knowing and willful. First you have to prove a violation of some State or Federal law regulation has occurred. The combination of all those requirements xx seems to me pretty much a hurdle which nobody is going to get over which I suppose was the intent but I am not sure if it is fair to consumers. So the first thing that this does would be to eliminate the requirement that you have to show a violation of State law or Federal law regulation in order to for it to be knowing and willing conduct. The second thing that this is primarily with respect to xx item,[ throwing light??] line 9 of the amendment. It says that conduct that is committed with any of the three things that are listed there; the first two items are in the bill, the third item which added is that if the conduct was committed with reasonable intent to know that they would xx there was a reasonable probability of injury to consumers. If we don’t add that line with which essentially what it says is the consumer is out of law work if the food processor, manufacturer whatever who engages in conduct for which he has reason to know presents a reasonable probability not just a possibility of injury; but because he doesn’t have actual knowledge, that it’s going to be injurious, then he is off the hook. I think that this is a more balanced approach and I would urge the House to xx the amendment. Speaker changes: Representative Brown, please state your purpose. Speaker changes: To debate the amendment. Speaker changes: The gentleman is recognized to debate the amendment. Speaker changes: Thank you Mr. Speaker. I certainly appreciate Representative Blackwell’s attempts to make an amendment, but unfortunately I do believe it weakens the intensity of the bill and would encourage the members to vote against the amendment. Thank you. Speaker changes: Further discussion and further debate on the amendment. Representative Moore please state your purpose. Speaker changes: Briefly debate the amendment. Speaker changes: The gentleman is recognized debate the amendment. Speaker changes: Mr. Speaker, I wasn’t going into this at all, but I supported this bill and I will support it but I will just point out this amendment is a measured way to do it; it’s no use getting into the full xx of negligence clause that applies in this State about comparative contributing , it’s not that but I would like to tell Representative Brown who I did support that I did support your bill, and I will support your bill whether the amend passes or not. XX I don’t think this amendment hurts your bill, I don’t think… and I think it’s fine. It seems a xxx amendment, it seems fine. Speaker changes: xxx Speaker changes: Representative xxx please state your purpose. Speaker changes: Thank you Mr. Speaker, I guess I need to direct this question to Representative Moore as the attorney. Speaker changes: Representative Moore , does the gentleman yield? Speaker changes: She is asking me questions xxx bill? Speaker changes:[Laughs] Speaker changes: How are you? Speaker changes: The third point what says to know there is a reasonable probability for injury, very obvious that we know whether there is reasonable degree of certainty that if anyone over indulges, whether it’s in corporates or McDonalds or anything? And xxx the kind of results that we are hearing about an obesity .

And things of that nature. Does that not kind of loosen up and open up possibilities under the law? [SPEAKER CHANGES] Well I could probably be an expert witness on too many big Mac’s but, that being said I don’t think, I really don’t think it weakens the Bill, I mean it’s, I agree completely with what Representative Brown is trying to do on his bill. People should not be able to go in and sue a restaurant for bad choices. If you go in and eat a double Quarter Pounder and fries every day and show up with heart disease you really shouldn’t be surprised. And we can’t, we can’t make the folks who are the manufacturers or the store owners or whatever responsible for peoples bad health choices. I don’t believe this amendment undoes what he’s trying to do I really don’t. If somebody can show me where I’m wrong I’ll stand to be corrected, but I think this bill just kind of puts a little bit of measured balance in it. I applaud what Representative Brown’s trying to do, but I do think this is just a good balance. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Stam please state your purpose. [SPEAKER CHANGES] Would representative Moore yield a question? [SPEAKER CHANGES] Representative Moore, does the gentleman yield? [SPEAKER CHANGES] I’ll be glad to. [SPEAKER CHANGES] Gentleman yields. [SPEAKER CHANGES] Representative Moore I think everybody in the back row is trying to find out who we can sue for all these donuts on the back row. [SPEAKER CHANGES] Representative Daughtry’s already filed the complaint. He’s just waiting for 9am to clock it in. [SPEAKER CHANGES] Representative Ramsey please state your purpose. [SPEAKER CHANGES] Let’s see. Need I say more. [SPEAKER CHANGES] Further discussion, further debate. Representative Moffitt please state your purpose. [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] The gentleman’s recognized to debate the amendment. [SPEAKER CHANGES] Thank you Mr. Speaker. Members of the house as someone who’s been practicing law without a license for about two and a half years now I would recommend that, it’s my interpretation that this amendment would significantly weaken the bill and I would ask you to vote no. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of the amendment set forth by Representative Blackwell for the House Committee Substitute of House Bill 683. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 63 having voted in the affirmative and 49 in the negative. The amendment passes. Now we’re back on the bill. Further discussion, further debate. If not the question before the House is the passage of the House committee substitute the House Bill 683 is amended on its third reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members record. Representative Cleveland. The clerk will let the machine record the vote. 79 having voted the affirmative, 33 in the negative. The House committee substitute to House Bill 683 as amended has passed its third reading, the bill will be engrossed and sent to the Senate. House Bill 273 the Clerk will read. [SPEAKER CHANGES] Committee substitute for number 2 for House Bill 273. A bill of entitling act to declare proudly that charter schools may use state funds for operational leases and may assign state funds to obtain funds for facilities, equipment and operations. To require transfer of supplemental taxes, funds to local charter schools outside of the tax district only if specific ballot language was used when approved by the voters to eliminate other funds used to account for local school administrative unit expenses. And to require a counting of charter school funds and a timeline for the transfer of funds by local boards of education to charter schools and to provide for attorney’s fees, costs and interest in actions to enforce transfers. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Hardister please state your purpose. [SPEAKER CHANGES] Debate the Bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. This bill passed Education Committee yesterday and financed this morning and there are four primary provisions to the PCS. One is it clarifies that charter schools can borrow money for operational expenses. It requires LEA’s to transfer funds to a charter school in a timely manner. Also requires LEA’s to provide details on how the funds were calculated. It repeals the restriction on transferring supplemental tax revenue outside of a tax district which allows funding to follow the student. And it requires

cost to be awarded to the prevailing party and action concerning the transfer of funds to an LEA or from an LEA to a charter and a bill would require these expenses to be paid in a period not to exceed three years. There’s a friendly amendment that’s going to be offered by Representative Horn. [SPEAKER CHANGES] I speak. [SPEAKER CHANGES] Representative Horn is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Horn moves to amend bill on page 1, lines 4 through 8, by rewriting those lines to read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. This amendment as Representative Hardister said was put together with his agreement, the agreement of the bill’s sponsors, and others that have participated in the development of this bill. Basically what this amendment does is put this bill back at the same position as it was when it came out of education and appropriation, sir. Appreciate your support. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not, the question before the House is to pass it to the amendment sent forth by Representative Horn to the House Committee Substitute #2 for House Bill 273. All in favor vote aye. All opposed vote no. The clerk will open the vote. All members record. Representative Blust. The clerk lot machine record the vote. 111 having voted affirmative and 1 in the negative. The amendment passes. Now we’re back on the bill. Further discussion, further debate? Representative Adams please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker. Question for Representative Hardister. [SPEAKER CHANGES] Representative Hardister, does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you Representative. When we had this bill in committee, I asked about if you knew whether public schools borrowed funds for operations. Have you, do you have an answer for that now? [SPEAKER CHANGES] I believe the answer for traditional public schools is no. I think they’re appropriated for funds that would address what you’re talking about. [SPEAKER CHANGES] Follow-up Mr. Speaker. [SPEAKER CHANGES] Does the gentleman yield? The gentleman yields. [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The bill says that the charter schools would be permitted to borrow funds. Do I understand that you could also use the state funds to pay the loans back? [SPEAKER CHANGES] This is for operational costs. For example running water, electricity, any type of maintenance or what it takes to operate a charter school. That’s what that applies to and this is currently taking place. It’s not clarified in our laws that charter schools can borrow money. Some banks are lending, some banks are not. This just puts it in law that charter schools can borrow money for operational expenses. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Representative Brandon please state your purpose. [SPEAKER CHANGES] Speak briefly on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Ladies and gentleman I’m a proud sponsor of this bill also. I urge members for their support. Thank you. [SPEAKER CHANGES] Representative Hurley please state your purpose. [SPEAKER CHANGES] To ask a question of the bill’s sponsor please. [SPEAKER CHANGES] Representative Hardister, does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you, Representative Hardister. I got a letter from my public schools today and I just want to clarify this. She says that there are problems with the proposal because they’re sharing funding with charter schools out of special purpose funds that are restricted use and such as pre-kindergarten, ROTC, which charter schools do not have these programs and they have been litigated before. Could you clarify that please? [SPEAKER CHANGES] Yes ma’am. The amendment that Representative Horn ran and took care of that and that provision is now out of the bill. [SPEAKER CHANGES] Representative Robert Brawley please state your purpose. [SPEAKER CHANGES] I think you just answered my question. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Committee Substitute #2 to House Bill 273 amended on its second reading. All in favor say aye. All opposed vote no. The clerk will open the vote. All members please record. Representative George Graham, Representative Warren. The clerk lot machine record the vote. 71 having voted in the affirmative, 40 in the negative. The House Committee Substitute #2 to House Bill 273

as Ms. Has a sign of section of ways, this is part of the manatees, leader ?? deduction for time to housing are right house bills exporting them down after Davis: county law enforcement officers who were improper won't cover activity proper evaluation personal products time of the stager purpose to video doesn't know major speakers as his household, dry erase this is a very straight for mail delivery form arrested and is outweighed the highest incidence and this was a large action suit for answers, one for some officers of the club level that the county level meeting the sheriff's department and into this one sees as a place for I'll know his rejection of the use of Altar has been available for the many years a final year in the state of North Carolina one is the same time the staffing line which has found one jumper with 26 of us at the time of the 49 to 28 as many of the support § want to run for state employees since 1989 , was here but was across the street when fast and doesn't concern¢ but we assess-plus the blockage of warm spring-distraction we interested in working out perfectly fine for almost 25 years since been fired as time ran out the issue, and courses on Monday refrained from orchid isle of man person also probably, in- a sheriff's association does not support because they are plans for this as well as the only change their customers surrounding his post after some very basic college and you offer students to officers and the authors of course I'll represent some headquarters in favor of this site of the same protection agency of several other ?? didn't say it is very much an effort times she worked on for some officers have protection and protection from retaliation we have as many report something that happens from something instead of something that is running out of highlighting the statutes for which they all you have any of the projected all of a blow the whistle on fraud and times in the state of North Carolina Corp. shares for the police this request person all PlayStation purpose of a deal, Mr. Has made no pay, as the-job, the union and one from the water, sheriffs association which are opposes this mail as the understated in the body, fixed rate in 1985 equals the state personnel yield riled that all of us that we have certain positions that are driving position in their zeal from personnel policies in these activities all Arab- how to share a war for Shearson time all there for a way to share this morning and this one in which he owns the office for the troll have shown that he is forced trust that this man has been that this man-added that is the ensure a time estimate of four shares association of northern she's place of the stories from opposition to the deal on ability as a five rights to the Indonesian Island of the hall for spinoffs are incentives for ?? ??..................

This morning there was a question asked, does it give rights and the bill sponsor said no but it does and down below it tells you the rights that are given to them. I know there's others that I think are gonna speak as you mention on the back here if you will notice, there is Representative Faircloth and Representative Alan McNeil and Representative Daughtry that we oppose the bill and I would just take you're consideration and vote no, red. Thank you Mr. Speaker. [SPEAKER CHANGES]Representative ?? please state your purpose [SPEAKER CHANGES] Thank you Mr. Speaker to speak on the bill. [SPEAKER CHANGES] Lady is recognized to debate the bill [SPEAKER CHANGES] Ladies and gentlemen, we have employees as deputies and police officers who face a lot of danger on our part and we are saying here that when they see flagrant fraud and abuse that we're not gonna offer them protection. Protection of their jobs. Cuz they face somewhat of a unique situation if they ever get fired for whatever reason, their career is pretty ruined because they will be black listed and it will be very difficult for them to find work in any other location in the profession that they love. So I would suggest that we offer them the same protection that we offer state patrol and as we've seen works well for our state employees as well, ask for your support. [SPEAKER CHANGES]Representative McNeil please state your purpose [SPEAKER CHANGES]To debate the bill [SPEAKER CHANGES]The gentleman is recognized to debate the bill [SPEAKER CHANGES]Yes sir, I appreciate the comments that ?? just made I totally disagree with you. Article 7 section 2 of the North Carolina constitution says in each county a sheriff shall be elected by the qualified voters thereof at the same time as members of the general assembly. A sheriff is a constitutional officer, ok. We're not talking about police chiefs here we're talking about sheriffs. If a sheriff does something wrong he can be sued in court both personally or professionally, either one ok. Article 1 section 9 of the constitution also allows for ?? elections. So if a sheriff does something wrong he is gonna have to answer for it at the ballot box. Also general statute 153A-103 reads, each sheriff and register of deeds elected by the people has the exclusive right to hire, discharge, and supervise the employees in his office. So a sheriff has a statutory right that very other few people have to discharge his employees. Our court systems work just fine. I won't state the county but a county in North Carolina recently settled a $96,000 law suit filed by a deputy that was discharged. He sued, he wont. And if you want to google other deputies that have sued for being discharged, you can just go right ahead and google it. There are several of them out there. As a matter of fact there is one county west of here, rather large county, that I think was sued three times in one year for discharging deputies and those cases I think are still pending in court. So I think there is plenty of remedies out there already. If someone doesn't like what a sheriff does, they are welcome to take them to court. I don't think we need this statute. This statute would have a chilling effect on sheriff's offices and police chiefs. It would set them up for situations where every time they wanted to discharge an employee, it would set up a whole layer of bureaucracy that would probably grind the sheriff's office or hurt the sheriff's ability to run his office. I just think it's a bad bill and I think you should oppose it. Thank you. [SPEAKER CHANGES] Representative Goodman please state your purpose [SPEAKER CHANGES] Speak on the bill [SPEAKER CHANGES] The house will come to order, the gentleman is recognized

...recognized to debate the bill. [SPEAKER CHANGE] Thank you, Mr. Speaker. I don't think I could say any better what I have to say than what Representative McNeill just said. So I would just say let's vote against this bill. Our sheriffs and chief of police do a good job and we don't need to pass this bill. [SPEAKER CHANGE] Representative Blust, please state your purpose. [SPEAKER CHANGE] See if Representative Dollar will yield for a question. [SPEAKER CHANGE] Representative Dollar, does the gentleman yield? [SPEAKER CHANGE] I yield. [SPEAKER CHANGE] The gentleman yields. [SPEAKER CHANGE] Representative Dollar, I think it's page 1, lines 17 through 25, and even going further it says what the statement of policy is and what can be reported. How true to get this protection, how true does the report of some kind of defalcation covered by this bill have to be? What if it's found out later it wasn't true, what's the standard of proof? Does something have to ultimately be established in court? I mean it's easy to say we want a whistle-blower to report bad things, but how do you protect a false charge from being made, for instance? [SPEAKER CHANGE] There is protection for that and it does have to be true. And of course what you have is you have the employee who has to come to Superior Court and be able to carry their burden in this manner. And I would just point out in that regard, Representative Blust, that ALE agents, SBI agents, the Highway Patrol, the officers with the Department of Correction, probation, parole officers, they have all been under this protection for almost 25 years. It hasn't created additional bureaucracy. It's been good government in North Carolina and it will be good to extend this protection to those men and women who put their lives in danger every day. [SPEAKER CHANGE] Representative Faircloth, please state your purpose. [SPEAKER CHANGE] Speak on the bill. [SPEAKER CHANGE] The gentleman is recognized to debate the bill. [SPEAKER CHANGE] Thank you, Mr. Speaker, and thank you, members of the House. We got to take a little trip, we got to go back a ways and look at things that have happened over the years. There have been attempts many times since back in the 50's, 60's, 70's and on up to the present day, when the union movement has tried to reach into North Carolina and particularly into its law enforcement agencies. My first job as the chief of police came in 1972 or '74, I'm sorry. And one of the first things I faced was a test from a group of law enforcement officers, part of which represented or were with the agency I was chief of. And some of whom were from other agencies. And they came in a group to sit down and tell me basically how I was going to run my department and how I was going to treat them if they had a complaint and what have you. They didn't succeed at what they tried. I ran the agency the way a manager is supposed to run an agency. And a professional police chief is going to do that or a professional sheriff is going to do that. Are there bad folks out there running agencies, you're doggone right there are. And I'm not sure I would run the flag of the State of North Carolina up as being lily white and some of the problems its had over the years. It's not the best example in the world. I don't know of any officer, if he knew something illegal was going on in his department or the department he worked in, whether he was a rookie cop or whether he was a 25 year veteran. If he went to his district attorney and said I've got to talk to you about something that's wrong in my department, he would find an open door and he would find somebody who would listen to him and he would find somebody who, along with him, would root out the corruption in that department. There are ways that it can be done within a proper management structure in North Carolina, we do not need people coming in with pseudo unions and trying to take over our local police departments and sheriff agencies and I urge you in the name of good law enforcement and professional law enforcement officers, to vote against this bill. [SPEAKER CHANGE] Representative Cotham, please state your purpose.

Thank you mr speaker, to spea on the bill. THe lady is recognized to speak on the bill Thank you, I want to keep this brief because we are all tired and it has been a long day. Just wnted to say I dont think I could say antyhing better than what the previous reps have said, the goal of this bill is to root out corruption in north carolina govt. We have heard this statement at various levels our governor has spoke about making sure our govt is open and honest. The goal of this bill is very simple; its and anti retaliation protection that our law enforcement already has so why shouldnt others have it? its a simple whistleblower law. many are trying to make a big deal out of this and make a mountain out of a molehill and that is simply not the case and so I ask you stand for law enforcement and police and for good govt so I ask for your support. REp Mceil state your purpose I wish to debate the billa second time. Ldies and gents of the body I was a 32 year law enforcement at the sheriffs office. I have seen a lot come and go in those days. We had the state bureau of investiagion, we had the FBI investigate our officers. Not many years ago the constitutional amendment was passed to change who could run for sherriff. THere are many avenues to deal with corruption whether it be at a sheriff office or a police dept. We have enough there and this is unneccesary bill and it is a union in sheeps clothing. Rep Bowles state your purpose Debate the bill as second time. If I could ask the rep hurley a question. IT was mentioned by rep mcneil from randolph that the sheriff was elected and so was the clerk and they appoint their employees. Would you follow under this? We served at will and pleasure of clerk. So when I was fired I wouldnt think about retaliating or anything Dahler state your purpose Speak a second time. I will be very brief. If whistleblower protection and protecting our employees/law enforcement from being able to report corruption in state govt to report fraud in abuse. IF that leads to unionization why hasnt that lead to unionization of state employees that last 25 years? it hasnt, because thats not what it is about. It is about providing protection to rank and file law enforcement officers so they arent caught in a vice and can feel free to report and the burden of proof is on them. These are professionals lets treat them that way and extend the same protections to retaliation we do our state law enforcement officers. Rep Horn state your purpsoe Debate the bill. Several people in this chamber have worn a uniform.Some of those uniforms have had a badge, some have had stripes and things on the collar. All of you who did wearn the uni that when you put the uni on you gave up your traditional civilian rights. You have to know when you put on a uniform you have to you may be doing some things you might not

Wanna do, but you depend on those above you to make those kinds of decision. It sounds great it sounds like a great idea these guys deserve the protection and opportunity to root out corruption or mouth pieces. THere are processes in place in any uniformied organization for you to pursure that issue, or any issue. They arent always easy but neither is wearing a uniform either. Youve worn a uniform, youve worn a uniform, youve alot of us in here and there were times we were told to do things we didnt like and they were wrong except we didnt kinow the rest of the story. So i ask you to give that consideration, a paramilitary organiazation is not a civilian org. There are different rules, different expectations and theres a different mindset. I could not be more strongly in support of the guy on the beat, on the street the guy that works the mids and swings and all the rest of them. The guy puts his life on the line and Ive been there when you knoc on the door at 3 am and some of you didnt come home. And you knew that coming in and you were proud to servce. It goes with the terriroty. Mr Speaker Mr Speaker SPEAKER CHANGES Rep Dahler plz state your purpse Mr Speaker I think weve had a good debate and people know how they are going to vote Mr Speaker The lady is out of order the gentleman has made a motion for the previous question. THe motoin is for the previous question, all in faovr vote aye all opposed nay. Court will open the vote All member record 87 have voted affirmative, 22 in the negative the motion passes. Minority has a period of 3 minutes. This man chooses to be recognized. Speaker Changes Thank you mr speaker I give my time to rep dahler Rep Dahler gets three mintues to six minutes speaker changes I have never had such a pleasure, I thank the gentlemen for yielding. I will be brief because you have heard the arguments. Are we going to extend the same protections to those men and women on the frontlines even tonight as we speak, protection against any retaliation if they become aware of fraud abuse vioatlions of state law and they wish to report that to the appropirate authorities so someone can act. Lets extend to those professionals that same protection against retaliation we extended aomost 25 years ago to highway patrol and other uniformed state employees. Its good govt and I would appreciate your support. speaker changes Rep Starr the chair understands you yield your time to rep fairqua thank you mr speaker I wont beleauger this. We have talked about it and we know how everyone feels about this. Ill tell you this there is nobody anywhere in any business that is watched more than the leader of a law enforcement agency. There are no better employees than great police officers and sheriff deputies. THey are wonderful people, there is a rotten apple once in a while but in most cases the apple is found fast. Its hard to keep secrets between officers and they are not gonna stand around and be beaten down by someone who is lording over them. Do not make the mistake of thinking this is somethign thats just gonna help some officers.

protect them from their leaders. That can be a a rare occasion that that's needed. What this is is a foot in the door. It started out with a law enforcement's bill of rights several years ago that's been tried several times in North Carolina and has been beaten down. This is just another form. I urge you to vote against the bill. [speaker changes] The question before the house is the passage of House Bill 643 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. All members wishing to record, please do so. The clerk will let the machine record the vote. 54 having voted the affirmative and 56 in the negative. House Bill 643 has failed to pass its second reading. Representative Lewis. Let the house be at ease. Representative Cleveland, please state your purpose. [speaker changes] Thank you Mr. Speaker; to make a motion. [speaker changes] The gentleman is recognized for a motion. [speaker changes] Having voted on the ?? side on House Bill 643, I move to bring it back before the body. [speaker change] Ladies and gentleman, the gentleman has made a motion to reconsider, similar to a bill taken earlier today. The chair understands that the motion to reconsider will be to bring it back before the body so that it can then be re referred to committee. The question before the House is the motion by Representative Cleveland to reconsider the vote on House Bill 643. 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. 63 having voted the affirmative and 47 in the negative. The motion passes. Representative Moore, please state your purpose. [speaker changes] For a motion. [speaker changes] The gentleman is recognized for a motion. [speaker changes] Move that House Bill 643 be referred to everybody's favorite committee, the committee on rules. [speaker changes] without objection. So ordered. 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] Mr. Speaker,-- [speaker changes] ?? The clerk will read. [speaker changes] Senate committee substitute for House Bill 484. A bill ?? enacted to establish a permitting program for the citing and operation of when energy facilities. Mr. Speaker. [speaker changes] Representative Moore, please state your purpose. [speaker changes] Motion pertaining to tonight's calendar. [speaker changes] The gentleman may state his motion. [speaker changes] Mr. Speaker, I move that House Bill 484 which was just read in came over from the senate be added to tonight's calendar for immediate consideration. [speaker changes] without objection. So ordered. The chair will hold - will recognize representative Michaux before the objection. [speaker changes] Inquiry to chair, Mr. Speaker. [speaker changes] The gentleman may state his inquiry. [speaker changes] Speaker, I'm getting a little bit more concerned by adding to tonight's calender, particularly something that has come back from the senate that we really haven't had a chance to sit here and make a decision on. I don't see why we can't do it tomorrow when we've had an opportunity to at least try to get a look at it. We don't know where we're going. [speaker changes] Representative Michaux, the reason the chair is going to urge the body to take this up, we think it will be disposed of very quickly and pass out of the house by very large margins. It came back from the senate by very large margins and it is a matter that we would like to go ahead and dispose of. [speaker changes] Mr. Speaker, may I debate the motion briefly? [speaker changes] The-- [speaker changes] Just for the members that benefit. This bill passed our chamber 112 to 2 and 48 to 0 on the senate. And it is a time sensitive bill which is the only reason this particular one was being added tonight. And so, it's one of those that was not deemed to be very controversial. If it was, we wouldn't be adding it on, but it is time sensitive and [speaker changes] I would add, Representative Michaux, that this is only 1 of 2 bills

Before we’re done. Without objection, House Bill 484 is on the counter for immediate consideration. House Bill 484. The clerk will read. [SPEAKER CHANGES] Senate Committee Substitute for House Bill 484: An act to establish a committee program for the sighting and operation of wind energy facilities. [SPEAKER CHANGES] Representative Bell, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Ladies and gentlemen, this is a time-sensitive issue House Bill 484 pertaining to the wind permitting process that passed this House 112 to 2, in the Senate 48 to nothing. There was some technical issues made on the bill to extend some of the permitting timeframes. I’ve talked with the rest of the bill sponsors and everyone is in agreement and we ask for your support tonight. Thank you. [SPEAKER CHANGES] Representative Bell, the gentleman will be recognized to make a motion to concur in the Senate Committee Substitute, a motion to concur to House Bill 484. [SPEAKER CHANGES] Further Discussion? Further debate? Representative Harrison, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. I just asked the bill sponsor a question. [SPEAKER CHANGES] Representative Bell, does the gentleman yield? [SPEAKER CHANGES] ?? [SPEAKER CHANGES] I support your bill. I just wanted to learn a little bit more specifically about what permitting, the changes in the permitting schedule. If you don’t mind. [SPEAKER CHANGES] There were some issues there that the wind and energy people brought to us about some of the timeframes were a little too close to the permitting process. This would give them a little more time, I think about two weeks to get their ducks in a row before they proceed with the permitting process. It was nothing that affected the intent and all parties involved were in favor of this. [SPEAKER CHANGES] Further discussion? Further debate? If not, the question before the House is the motion to concur with the Senate Committee Substitute for House Bill 484. All in favor vote, “Aye”. All opposed vote, “No”. The clerk will open the vote. All members please record. The clerk machine will record the vote. 111 voted in the affirmative, one in the negative. The House has concurred on the Senate Committee Substitute for House Bill 484. The bill will be enrolled and sent to the governor by special messenger. Final bill on the counter, ladies and gentlemen, House Bill 695. The clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 695: An act to protect the right to send privileges granted under the United States and North Carolina constitutions in the application of foreign law. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Whitmire is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Chair. Members of the House, it’s late. I will be brief. House Bill 695 is focused on families in the general areas of statute 1550 A to prevent the application of foreign laws that might violate a constitutional right of a person. Six states have pioneered this path. [SPEAKER CHANGES] Representative Whitmire? [SPEAKER CHANGES] The gentleman will yield for a minute. The chair would like to extend the courtesies of the floor to thank you for Representative Cotham for service throughout the day and we wish you well. The gentleman has the floor. [SPEAKER CHANGES] Thank you, sir. Anyway, six states have enacted very similar legislation. It’s withstood the test of time without challenge. It’s a bill that – it’s proven. It protects our constitutional rights, especially of that of women and minorities. It also reinforces the constitutional basis on which our freedom enterprise system is founded. Again, I suggest you support the bill. [SPEAKER CHANGES] Representative Luebke, please state your purpose. [SPEAKER CHANGES] To see if Representative Whitmire would yield for a question. [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Senator Whitmire, has this been a problem in North Carolina anywhere? [SPEAKER CHANGES] Representative Luebke, not yet. We have at least 27 states, 27 cases in multiple states where it has. The most egregious cases have been cases such as custody and divorce. And absolutely, it has. We don’t want it here. That’s the purpose. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Gentleman yield? The gentleman yields.

You're acknowledging that we have no problem here in North Carolina. [SPEAKER CHANGES] I'm acknowledging that, yes. But there is a clear and present possibility, probability that other states that may have made the same assumptions have had it. And, again, other states, Louisiana, Tennessee, Kansas, six total. Missouri passed this just recently with more than two to one margin and they have vetted this and this is solid. [SPEAKER CHANGES] Speak briefly. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Members of the House, this seems to be our last bill tonight, we're all dead tired, but I cannot see for the life of me why we need a bill like this when Representative ?? has acknowledged that this is not a problem in our state. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Torbett, please state your purpose. [SPEAKER CHANGES] Ask Representative Luebke a question. [SPEAKER CHANGES] Representative Luebke, does the gentleman yield? The gentleman yields. [SPEAKER CHANGES] Thank you, sir. I recall last session, I believe, did a bill not come in front of this House to pass legislation to adjust a sea-level rise that may come in some years out? So the problem actually wasn't here, but we were asked to address that. [SPEAKER CHANGES] No, sir, I think that... [SPEAKER CHANGES] You don't recall that? [SPEAKER CHANGES] The gentlemen will allow the Chair to direct the discussion. Representative Luebke has the floor to respond to the question. [SPEAKER CHANGES] I do not think that bill passed. I do not think that it is at all relevant to what we are talking about right here, because I'm talking about whether we're asking about a real situation, a real case in North Carolina. [SPEAKER CHANGES] Thank you, Mr. Speaker. [SPEAKER CHANGES] The gentleman has the floor. [SPEAKER CHANGES] Thank you. Members, it simply doesn't make sense to me. We don't have a problem in North Carolina. Just because other states are doing it is no reason for us to do it. It just.... Why are we doing a bill where we don't have a problem? And the idea of just following states because some other states have done it.... Explain what the problem is and maybe it's worth voting for, but to me to run after other states because Missouri passed it or some other bill passed it seems like a wrong way to go. I urge you to vote against this. End our evening, not by bothering with foreign laws or whatever. Thank you. [SPEAKER CHANGES] Representative Michaux, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Mr. Speaker, I've been trying to tell this body all since we've been here that we have two constitutions by which we live: our Constitution of North Carolina and the United States Constitution. And both guarantee our rights to live under those constitutions. The only way that we can become subject to any foreign constitution is by some kind of treaty or pact that might be which has been entrusted under our constitution by those bodies. This, to me... Here we are at 11:20 at night trying to pass a feel-good bill. A bill, just looking at it, really doesn't mean anything, because you've got the protections. They're already there. So you just don't need it. Why, why... We just don't need this. I feel, except when I get threatened around here sometimes, I feel pretty good because of the constitutions that we live under, and I'm protected by them. [SPEAKER CHANGES] Representative Deborah Ross, please state your purpose. [SPEAKER CHANGES] To ask the bill's sponsor a question. [SPEAKER CHANGES] Representative Whitmire, does the gentleman yield? [SPEAKER CHANGES] Yes, I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative Whitmire, this came through Judiciary C? [SPEAKER CHANGES] Yes, it did. [SPEAKER CHANGES] May I ask another question? [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Did anybody from the family law section of the Bar Association or the Bar Association give an opinion on what they thought about this, because usually if we're going to amend the laws in a particular area, they'll come to the committee and let us know what their position was. Did you hear from them? [SPEAKER CHANGES] Yes, we did, Representative Ross. Would you like me to elaborate? [SPEAKER CHANGES] Mr. Speaker, may I ask another question? [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] What did they have to say? [SPEAKER CHANGES] This bill was pushed out to multiple agencies, including the Bar Association. We finally got something actually substantive that showed their concerns in areas. You have at your station two handouts. One of which...

Shows their concerns and in the bold print some very thorough rebuttals that includes multiple case law cases, it's thorough. They are yet after several requests to further address. Today what we heard in judiciary C was there spokesperson who - not to make little of the message that they brought, was brought purely by a messenger and from the standpoint of being able to answer any further questions, they were not. And again, the other handout, further and in a much more concise manner address the two key things that were mentioned today. So that is the response that we continue to wait and that's a very thorough response. Please look at it if that's of any interest to you. [SPEAKER CHANGES] May I ask another question Mr. Speaker? [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Who prepared the response? [SPEAKER CHANGES] As far as any single person that put the response in there is one primary individual and but that also had reached back to several others who contributed, and then as far as reviewing it, it got reviewed here. Do you need a name or just if it's one person or many? [SPEAKER CHANGES] Well you can give the one person and if there was an organization involved that would be nice to know too, but I just would like to know who prepared it. [SPEAKER CHANGES] The name of the primary individual , the subject matter expertise legal counsel is Mr. Steven Jillay [SP] with the security policy council. [SPEAKER CHANGES] Okay, thank you. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Floyd please state your purpose. [SPEAKER CHANGES] Mr. Speaker, as you know the house is getting long and Representative Shaw had made a statement. May I pose a statement to the bills sponsor? [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Sir this is your bill. The house is now getting late and I'd appreciate if you would follow some [??] or recommendation and representative Dollar please, thank you. [SPEAKER CHANGES] On behalf of all the members of the body the chair is happy to extend the courtesies of the floor to Representative Floyd. [SPEAKER CHANGES] Representative Whitmire is recognized for a motion. [SPEAKER CHANGES] Sir I move the previous question. [SPEAKER CHANGES] Representative has moved the previous question, all those in favor vote aye, all those opposed vote no, the clerk will open the vote. The clerk allot machine record the vote. 70 having voted in the affirmative, 30 in the negative, the motion passes by rule. The minority has a period of up too three minutes, Representative Hall. The house will come to order. [SPEAKER CHANGES] Thank you Mr. Speaker, and I have out of the greatest respect for my colleagues reserved my time during these three minute periods or given it to other members so they would have an opportunity to speak. Unfortunately I am going to take a couple minutes of this time and I'd appreciate you all's indulgence on this particular matter because it gets to be kind of important when we have these matters come before us. And I know everyone wants to go home, the hour is late but at the same time we have a very important matter and this might be something that we should not give short shrift to as we go forward. And so I'd ask that you really consider this vote and whether we're dealing with something that's really worthy of our time and effort going forward, and certainly we know this. If this tentative gets legs so to speak we'll see it again, And what are we really afraid of here? Is there really some effort afoot? Is there really some instance this has happened in North Carolina? We've heard the answer no. There's some areas in the United states that have reportedly had some problems on...

this type situation, none that can be substantiated. I think our constitution is strong enough, there are enough protections clearly, in our constitution and in the United States Constitution, in our legal system, and it does not appear that we're under threat of this happening. I think you also want to put it in the context of the control that we have in this legislature, in the laws that we pass, and even the regulations we have of our judiciary. So I submit to you that this is a bill that is not needed, it carries us into an area that really is a distraction from what our duties should be, and I ask that you'd vote against it. [SPEAKER CHANGES] Representative Starnes, the gentleman has a period of three minutes that he may yield to any other member. [SPEAKER CHANGES] Ladies and gentlemen of the House, we will be proactive on this issue, and I urge you to vote yes on the bill. [SPEAKER CHANGES] The question before the House is the passage of the House committee substitute, the House bill 695 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. All members record. The clerk will let the machine record the vote. 74 having voted in the affirmative and 36 in the negative, the House committee substitute, the House bill 695 has passed its second reading without objection. [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] Objection having been raised, the bill remains on the calendar. Ladies and gentlemen, this ends the calendar for today. The- And quite honestly, given the material that we covered, the chair is surprised that we were able to get through all of it. The calendar for tomorrow, it's good news for tomorrow. We only expect maybe six or seven bills on the calendar. About half of those are on third reading for what occurred today. We are going to have, I believe Representative Dollar is going to announce an appropriations meeting that will begin at nine, he'll announce that shortly, please pay attention to the announcements before you leave. We will have session at 11:30, and we'll be here as long or as short as we need to before we send you on your way, but my guess is we will have a fairly early adjournment for cross-over day. And the chair is also what you can go ahead and plan for your planning purposes, there will be a no-vote session on Monday. Notices and announcements, Representative Dollar, please state your purpose. [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] We will have appropriations. We will delay appropriations until nine-o'clock in the morning. Delay appropriations will be at nine in the morning. We have three bills, we're going to maybe have some additional discussion on Representative ??'s bill, which is a hold over. The other two bills we're taking up are House bills 767, brass the class, which is an education bill, and we will be taking up House bill 980, which is a medicaid, or maybe our annual medicaid shortfall bill. This is a very important, time-sensitive bill that we need to get out tomorrow. [SPEAKER CHANGES] Representative Howard, please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker, to make an announcement. [SPEAKER CHANGES] The lady is recognized for an announcement. [SPEAKER CHANGES] Thank you. House finance will meet in the morning at 8:30 in room 544. We have two bills. [SPEAKER CHANGES] Representative McElraft, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The lady is recognized. [SPEAKER CHANGES] Environment will meet tomorrow at 9:30 in room 544. [SPEAKER CHANGES] Representative Jones, state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker, the monthly capital commission prayer breakfast will be at 7:30 in the morning in the members' dining room, and they'll probably start cooking that breakfast shortly. [SPEAKER CHANGES] Representative Starnes, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The republicans will have a caucus at 10:30 tomorrow in the auditorium. [SPEAKER CHANGES] Further notices and announcements? Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, move that subject to receipt of messages from the Senate, committee reports, in case they stay, re-refer all bills and resolutions and modifications to the calendar, that the House do now adjourn to reconvene tomorrow, which will be May 16, 2013, at 11:30am. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative Brawley. Subject to receipt of messages from the Senate, re-refer all bills and resolutions, modifications to the calendar as appropriate and deemed by the speaker, that the House now adjourn to reconvene on Thursday, May 16, at 11:30am. All in favor say aye. All opposed say no.

The ayes have it, the House stands adjourned.