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House | May 2, 2013 | Chamber | Session

Full MP3 Audio File

The House will come to order. Members will take their seats. Visitors will retire from the chamber. The Sergeant at Arms will close the door. Members and visitors will please silence all cellular phones. The prayer will be offered by Representative Pat McGellrath. Members and visitors in the gallery will please stand and remain standing for the pledge of allegiance. [SPEAKER CHANGE] Good afternoon. Members today is a very special day for prayer. Today's the 62nd anniversary of the National Day of Prayer. And this year the theme for the National Day of Prayer is pray for our nation. Please join me in that. G-d thank you for the many blessings you have bestowed on our great nation. We speak today L-rd with a nation-wide voice, asking you for continued guidance on the leaders of our country at the national, state and local level, that we may lead with a humble spirit, as true public servants. We pray for our military and our first responders and ask for your special protection on them and their families. G-d we also ask that you heal the victims of the Boston bombings, the West Texas explosion and the New Town shootings. May our nation heal from all these recent tragedies and may it not take a tragedy for all of us to pull together and remember how special it is to be Americans. May we put aside our differences and remember that we are one nation under G-d. Thank you G-d for giving us this very special nation. Thank you G-d for America. G-d, please continue to bless America. [SPEAKER CHANGE] I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under G-d, indivisible, with liberty and justice for all. [SPEAKER CHANGE] Representative Moore is recognized. [SPEAKER CHANGE] Mr. Speaker the journal for Wednesday, May the first, 2013 has been examined and found to be correct. To move its approval as written. [SPEAKER CHANGE] Representative Moore moves that the journal for May one be approved as written. Those in favor will say aye. Those opposed say no. They ayes have it. The journal is approved as written. Petitions, memorials or papers addressed to the General Assembly or The House. Ratification of bills and resolutions The Clerk will read. [SPEAKER CHANGE] The Enrolling Clerk reports the following bills due to ratify for presentation to the Governor, Senate Bill 98, an act to expand the new born screening program ?? by the Department of Health and Human Services to include newborn screening with congenital heart disease utilizing ??. Senate Bill 456 an act to ?? Department of Health and Human Services to designate qualified hospitals as primary stroke centers. House Bill 488 an act to promote the division of regional water and sewer service by transfer of ownership and operation ?? public water and sewer systems to a metropolitan water and sewage district. ?? following bills due to ratify and properly enroll and present to the Secretary of State. House Bill 506 an act to authorize the town of Weddington to enter in long term agreements with volunteer fire departments. House Bill 555 an act to allow Watcom county to use the design build method of construction. [SPEAKER CHANGE] Introduction of ?? bills will be noted. I'd like to introduce the nurse of the day Ernest Grant of Chapel Hill, North Carolina who is not there, we'll say hello later. Reports of standing committees and permanent sub committees. The Clerk will read. Recognize Representative Hager. [SPEAKER CHANGE] Representative Hager for public utilities and energy. Senate Bill 430 clarify electric load control process, favorable. [SPEAKER CHANGE] Calendar. [SPEAKER CHANGE] House Bill 476, rewrite underground damage prevention act, favorable is the committee substitute, unfavorable is to the original bill. [SPEAKER CHANGE] Committee substitute calendar. Original bill unfavorable calendar. [SPEAKER CHANGE] House Bill 598 TRS surcharge ??. favor is the committee substitute, unfavorable is to the original bill. And ?? will refer to finance. [SPEAKER CHANGE] Committee sub referred to finance. Original bill, unfavorable, calendar. [SPEAKER CHANGE] Senate Bill 635 transmission line ownership favorable as to House Committee.

substitute unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute calendar. Original bill unfavorable. [SPEAKER CHANGES] Representative Jeff Collins is recognized. [SPEAKER CHANGES] Representative Collins with State Personnel Committee, House Bill 417, modifying internal auditing statutes, tabled and serially referred to Appropriations. [SPEAKER CHANGES] Referred to Appropriations. [SPEAKER CHANGES] House Bill 357. Retirement Governance Changes Act of 2013. Favorable as to Committee substitute, unfavorable as to original bill and serially referred to Appropriations. [SPEAKER CHANGES] Committee substitute referred to Appropriations. Original bill unfavorable. Calendar. [SPEAKER CHANGES] House Bill 358. Retirement Technical Corrections Act, favorable as to Committee substitute, unfavorable as to original bill and serially referred to Appropriations. [SPEAKER CHANGES] Committee substitute referred to Appropriations. Original bill unfavorable. Calendar. [SPEAKER CHANGES] House Bill 767. Brass to Class Act. Favorable as to Committee substitute, unfavorable as to original bill and serially referred to Appropriations. [SPEAKER CHANGES] Committee substitute to Appropriations. Original bill unfavorable. Representative Lewis and Moore are recognized. [SPEAKER CHANGES] Representatives Lewis and Tim Moore of the Elections Committee, House Bill 734, Interstate Agreements Can Improve Voter Rolls, favorable as to the Committee sub, unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute calendar. Original bill unfavorable calendar. Representative Tim Moore is recognized. [SPEAKER CHANGES] Representative Tim Moore ?? Operations of the House. House ? Resolution 46 to Honor Ed Jones. Favorable for adoption. [SPEAKER CHANGES] Calendar for May 6th. Representative Tim Moore is recognized again. [SPEAKER CHANGES] Representative Tim Moore ?? operations of the House. House Resolution 578 Honor the Town of Stedman. Favorable for adoption. [SPEAKER CHANGES] Calendar for May 8th. Representatives Jonathan Jordan and Chuck McGrady are recognized. [SPEAKER CHANGES] Representative Jordan and McGrady for the Judiciary Subcommittee B. House Bill 330. Planned Community Act ?? Rights. Favorable as to the Committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute, calendar. Original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 532, ?? North Carolina ?? any EMS law enforcement vehicles. Favorable as to Committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute calendar. Original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 497. Distribute some criminal penalties state-wide. Favorable as to the Committee substitute, unfavorable as to the original bill and serially referred to Appropriations. [SPEAKER CHANGES] Committee substitute referred to Appropriation. Original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 786. Reclaim North Carolina Act. Favorable as to the Committee substitute, unfavorable as to the original bill and serially referred to Finance. [SPEAKER CHANGES] Committee substitute referred to Finance. Original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 186. Towns Enforce Ordinances on Lake Norman. Favorable as to the Committee substitute #2, unfavorable as to the Committee substitute #1. [SPEAKER CHANGES] Committee substitute #2, calendar. Committee substitute #1, unfavorable calendar. Representatives Howard, Brawley, Lewis and Setzer recognized. [SPEAKER CHANGES] Representatives Howard, Brawley, Lewis and Setzer for the Finance Committee. House Bill 817. Transportation Appropriations Financing. Favorable as to the Committee substitute #2, unfavorable as to the Committee substitute #1, and serially referred to Appropriations. [SPEAKER CHANGES] Committee substitute #2 referred to Appropriations. Committee substitute #1 unfavorable calendar. Representative Tom Murray is recognized. [SPEAKER CHANGES] Representative Murray for the Regulatory Reform Subcommittee on Business and Labor. House Bill 83. Enact CON Committee Recommendations. Favorable as to the Committee substitute #2, unfavorable as to the Committee substitute #1, and serially referred to Appropriations. [SPEAKER CHANGES] Committee substitute #2 referred to Appropriations. Committee substitute #1 unfavorable calendar. Upon a motion from the member from Nash, Representative Collins, the Chair is happy to extend the courtesies of the gallery to chaperones Chad Cady, Paula Boone, Nina Wigs and the 4th grade students from Benvenue Elementary School in Rocky Mount and a special welcome to Petty Officer First Class Rusty Godwin who is being stationed in Bahrain. If you would rise please. Thank you so much for being with us. 4th grade is the best. Upon motion by Representative Dean

from Union County the Chair is happy to extend the courtesies to Kurt Insley, a principal with Ark Engineering, his wife Garrett and sons Connor and Cole. If you would rise and let us greet you, if you're here. And we have upon the motion of the Chair Grace Christian Academy of Kings Mountain is welcome to be with us here. If you would stand and let us recognize you. Kings Mountain Academy. Introduction of bills and resolutions. The Clerk will read. [SPEAKER CHANGES] Rules Calendar and Operations of the House, House Joint Resolution 1006, Utilities Commission Confirmation. [SPEAKER CHANGES] Public Utilities and Energy. [SPEAKER CHANGES] Rules Calendar and Operations of the House. House Joint Resolution 1007. Confirm Ayres As Executive Director of the North Carolina Utilities Commission. [SPEAKER CHANGES] Public Utilities and Energy. [SPEAKER CHANGES] Rules Calendar and Operations of the House. House Resolution 1008. On a Delta Sigma Theta's Founders. [SPEAKER CHANGES] Rules calendar in operation of the House. Messages from the Senate. The Clerk will read. [SPEAKER CHANGES] Senate Committee substitute for House Bill 149, a bill to be entitled to make an act a criminal offense to fail to report the disappearance of a child to law enforcement, to increase the penalty for concealing the death of a child, to increase the criminal penalty for making false, misleading or other unfounded report to a law enforcement agency officer for the purpose of interfering or obstructing an investigation involving a missing child or child victim of a Class A, B 1, B 2 or C felony and to make it a Class 1 misdemeanor for a person to fail to report the abuse, neglect, dependency or death due to maltreatment of juvenile or to prevent another person from making such report. [SPEAKER CHANGES] Calendar pursuant to Rule 36B. Without objection this was done yesterday prematurely. We withdraw House Bill 345, increase penalties for misuse for penalties of 911 system from public utilities and re-refer to Senate Judiciary Subcommittee B. Objection? [SPEAKER CHANGES] None. [SPEAKER CHANGES] Calendar. Representative Samuelson is recognized. [SPEAKER CHANGES] Members I would like a point of personal privilege please, Mr. Speaker. [SPEAKER CHANGES] You are recognized for a point of personal privilege. [SPEAKER CHANGES] Members I would like to have your attention. We have a special guest on the floor with us today. It's a former member and happens to be a constituent of mine, Jim Beatty. We honored him the other day as one of the new inductees to the North Carolina Sports Hall of Fame. He served in this august body in the late '60's, early '70's. But I want you to know that before he ran for office he was still a very quick man. This gentleman holds, was the first athlete to break the inside 4 minute mile, the indoor 4 minute mile and was inducted into the Hall of Fame and I'd like to give you, recognize, former Representative Jim Beatty. [SPEAKER CHANGES] Representative Beatty, great to have you with us today. None of us, I bet you could still beat every one of us in a race around the Chamber. While you're getting out your first bill and before the Clerk reads it, on motion of Representative Steve Ross of Alamance and Dennis Riddell, the Chair is happy to extend the courtesies of the gallery to Bradford Academy located in Mebane North Carolina. Would you stand please? House Bill 418. The Clerk will read. [SPEAKER CHANGES] Committee substitute #2 for House Bill 418, the bill entitled an act to authorize a Buckham County or Buckham County ?? located therein to establish a Culture and Recreation Authority. General Assembly of North Carolina Enacts. [SPEAKER CHANGES] Representative Ramsey is recognized. [SPEAKER CHANGES] Mr. Speaker, to speak on the bill.

care-say-main event is that of a peasant activists mayor has a lot of advantages, some of them, and the clot-Buster margin that call from the sale is dishonest and of activity as a wife beater, said the fact of the novel that this bill has the support of rival town to save a small -time does not provide additional tax of 27, eight update---Saturday has to say about the time of the provided a classified ad of it, have been an expressway, 1/2-height of the times of the black managers in that city combinations, surviving rejection of that, if a native of a command the support of this building and riled before the Saturday it's not a question before the house passed the house bill for 18 months at I'm already-fireman, I was one of the department knew she ?? ?? who imported car pool of design a report that the actor and eight-year of the bill is passed the second regional they only tell house bill 186 for RE as the one that I'm having contact-day is always assigned to make county school board time high of about 30 members of more jobs and over on the residue file items rid of Aristide recognized names are is a deal on all these past the time of the impression the past the owners of the downfall of aid in the process protections for workers was expecting is , and Reimer and played to a disease of a scene for which case the country is Cory Wayland is you'll lose ?? of the message changing light up 28 after my text that is because one ?? you stories of school system realized that they had known cause below are the politics, with one equity firm, the lawmakers time did not work for creating the city has event IDs is below the AIDS -section all agencies exactly what is the style all health school board is inside the having to fill the vacancies that makes the core rate in the UO or your three of you find the time to make a deal, but it is that not too many, as one white-hot spot market, you authentication and Martin use of the sun reported time at bill and contacted as the late last night that it was one is a white ?? without waiting for the wooden decks have more robust action that ?? one if not a question for the house's passage of the house bill 196 points at a real as they will say I was a dent in IC-key reason of all house bill 180 tiled one, six, at two-year effort, Johnson author on an the process and that ?? got a question for the house back to the 26 of $40.00 they will say I was a tough -on in the next operating the Simpson trial of 47 or three as the report said the bill for decline in time for 5 minutes long and hard system Johnson and author on its perfect pair of red riled I despair this is a small hill and not have supported the idea of requesting it is a great savings were of as well as one-time intraday the city has the support of the over- Safeway at a time for ????..........

-teen fifties session law creation of a benefit for firefighters back at that time, and which is now out-of-date and difficult to manage for the city. It merges it with the Board of Trustees of the Firefighter's Relief Fund of the city of Greensboro so it can be properly managed. There is no opposition to the bill and it will not result in the loss of any funds nor a cut in any benefits to any active or retired Greensboro firefighter, and I ask your support of the bill. [SPEAKER CHANGES] Representative Adams is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker, just to speak briefly on the bill. [SPEAKER CHANGES] You're recognized. [SPEAKER CHANGES] Thank you, as Representative Faircloth said, this is a bill that is supported by the full delegation, it's really more technical in nature. And it helps us to alleviate a situation that we needed to address some time ago. We appreciate your support on the bill. [SPEAKER CHANGES] Further discussion or debate? If not, the question before the House is the passage of House Bill 347 on its second reading, all those in favor will say Aye, opposed will say No, dice have it and the bill is passed and its second reading will without objection be read a third time. [SPEAKER CHANGES] You're representative of North Carolina ?? [SPEAKER CHANGES] Further discussion or debate? If not, the question before the House is passage of House Bill 347 on its third reading, all those in favor will say Aye, all those opposed will say No, dice have it and the bill is passed, the ?? will be sent to the Senate, House Bill 200, Corporal Reives. [SPEAKER CHANGES] May be set you for House Bill 200 Developing Title and Active Great General Reappraisals resulting in property values that do not comply with the requirements of North Carolina Law. By setting forth the steps required to bring the general reappraisal into compliance with the applicable property tax mandate. General ?? of North Carolina next. [SPEAKER CHANGES] Representative Brawley of Mecklenburg is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker, this bill's just as good today as it was yesterday when 116 voted for it, and hope you will again. Thank you. [SPEAKER CHANGES] Further discussion or debate? If not, the question before the house is the passage of House Bill 300 on its third roll-call reading, all those in favor will vote Aye, all those opposed will vote No, the clerk will open the machine. [SPEAKER CHANGES] Open the vote. [SPEAKER CHANGES] The Clerk will lock the machine and record the vote. 112 having voted in favor, none of the negative, the bill has passed its third reading and will be sent to the Senate. House Joint Resolution 55. The Clerk will read. [SPEAKER CHANGES] House Joint Resolution 55, a Joint Resolution expressing the opinion of the General Assembly that the local provision of the Workforce Investment Act Services should be streamlined by realigning local workforce development areas with the boundaries of councils of government established pursuant to GS 168-470 as recommended by the Program Evaluation Division and endorsed by the Joint Legislative Program Evaluation Oversight Committee. House resolves, the Senate concurring. [SPEAKER CHANGES] Representative Howard is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker and members of the House. I will remind you that this a Joint Resolution, there is no action required with respect to legislative action that would do anything except to accept this resolution for information purposes only. There was a recommendation by the Program Evaluation Committee on May 9, 2012, and all of the recommendations from that report have been enacted by this body with the exception of the Program Evaluation wishes to express to the general assembly that the Governor and local officials should reduce the 23 existing boards of Workforce Development, reduce those to 16 and conform the boundaries to the existing boundaries of the counsel of government regions as the PED recommended. I do remind you that this body funds to the extant of 1.4 billion dollars, over half that of comes from our general fund

for workforce development, I would hope you would accept the resolution. [change speaker] for the discussion or debate, if not the question before the house is the passage of hour join resolution 55 all those in favor will vote aye, all those opposed will vote no, the clerk will open the vote. the clerk will lock the machine and record the vote, the ayes are 112, the nos are 0, the joint resolution is passed and will without objection will be read a 3rd time. [change speaker] house resolves the senate concurring [change speaker] further discussion or debate? if not the question before the house is passage of house joint resolution on its third reading, all those in favor will say aye, opposed will say no. The ayes have it, the motion carries, the resolution is passed and will be sent to the senate. While we're waiting for house bill 172 to be read, upon motion of representative dean art of union county, the chair is happy to extend the courtesies of the gallery to kirt ensly of arp engineering, his wife garret, his sons conner and cole, if you would stand and be recognized please, wherever you are applause house bill 172, the clerk will read [change speaker] being a substitute for house bill 172, bill entitled and act to clarify the legislative ethics committees investigative procedures, and to make other tactful changes as recommended by the legislative ethics committee, general assembly of north Carolina enacts. [change speaker] representative glazour is recognized to explain the bill [change speaker] thank you mr. speaker, members this is the unanimous recommendation of the legislative ethics committee from the end of last session and it was unanimously set forward because, six things most of them technical in nature, but it clarifies that the LEC can receive complaints directly, complaints don't just have to go to the state ethics commission, second, that a legislature who has the subject of a complaint should be notified immediately when that occurs, third, it creates a time table for response for that legislature, fourth, it extends the time that the LEC has to make a decision on that, where they need more time to investigate and finally it specifies that the LEC can issue a private admonishment without holding a hearing, which would obviously would circumvent the real reason for the privacy of the admonishment. I know of no objection to the bill and would ask everyone to support house bill 172, thank you. [Change Speaker] for the discussion or debate, if not the question before the house is passage of house bill 172 on its second reading, all those in favor will vote aye, all opposed will vote no, the clerk will open the vote. the clerk will lock the machine and record the vote. the ayes are 109 and the nos are 1, the bill has passed its second reading and will without objection be read a third time. [change speaker] chair assembly of north Carolina enacts. [change speaker] is there further discussion or debate? representative mcneal is recognized [change speaker] i'd just like to be recorded as voting yes, i was in the chamber and couldn't sprint back fast enough [change speaker] the gentleman will be recorded as voting yes, representative ensko is recognized [change speaker] thankyou, i'd like to be recorded as voting yes on 172 [change speaker] the lady will be recorded as voting aye on house bill 172, further discussion or debate? if not all those in favor will say aye, all those, let me strike that, if not, read it a third time [change speaker] senate assembly or north carolina inacts [change speaker] further discussion or debate? if not all those in favor will say aye, opposed will say no, the ayes have it the bill is passed and will be sent to the senate. house bill 459 the clerk will read [change speaker] house bill 459 bill requires enact to require the department of health and human services to coordinate chronic disease care, general assembly of north Carolina enacts [change speaker] representative baller is recognized [change speaker] thank you mr. speaker, members of the house, the title says part of it. what we are looking at doing, both in the department of health and human services as well as in the state health plan is to break down the silos that are there in an effort to coordinate our care across a range of

Chronic illnesses. As most of you know, some 70% of deaths in the United States are related to one or more of the various chronic illnesses that we're trying to get a handle on. This should help us long term, both control costs in the health care arena, as well as have better health outcomes for the citizens of North Carolina. We're looking at wellness and prevention programs, and developing a set of specific action items not only for the state to do, but action items to come back to the General Assembly for consideration. I'd be pleased to answer any questions and would appreciate your support. [SPEAKER CHANGES] Further discussion or debate. If not, the question before the House is the passage of House bill 459 on its second reading. All those in favor will vote aye, opposed will vote no. The clerk will open the vote. The clerk will let the machine record the vote. The ayes are 112, the nos are 0. The bill has passed its second reading and will without objection be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate. If not, the question before the House is the passage of House bill 459 on its third reading. All those in favor will say aye. Opposed will say no. The ayes have it. The bill has passed its third reading will be sent to the Senate. House bill 460, the clerk will read. [SPEAKER CHANGES] House Bill 460, a bill to entitle an act to authorize the removal of deceased voters from voter registration records upon receipt of a signed statement of a near relative or a personal representative of this state, identifying a voter as deceased, and encourage funeral directors to make available forms to near relatives for notification to the board of elections that the voter is deceased. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Hurley is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker, and the title just what he said is exactly what it does. It is just a small step in trying to make sure the deceased do get off of our voter rolls. Glad to answer any questions. [SPEAKER CHANGES] Further discussion or debate. If not, the question before the house is the passage of House Bill 460 on its second reading. All those in favor will vote aye, all those opposed will vote no. The clerk will open the vote. The clerk will let the machine and record the vote. The ayes are 111, the nos are none. The bill has passed its second reading, and will without objection be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate. If not, the question before the house is the passage of House Bill 460 on its third reading. All those in favor will say aye. Those will say no. The ayes have it. The bill has passed third reading and will be sent to the Senate. House Bill 462, the clerk will read. [SPEAKER CHANGES] House bill 462, a bill to entitle an act to increase the uniformed hour fee charge to persons receiving services of a supervised visitation at exchange centers through a family court program. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Glazier is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker and members. This is a bill put forward by the entire Cumberland County delegation, Representative Szoka, Lucas, Floyd, and myself. And basically it relates to one center that's open in Fayetville. In 2003, the family court began the process there of establishing a supervised visitation exchanged center for use by victims of domestic violence and parties to high conflict custody cases, so that in fact a party who has custody of a child can transfer custody to the other parent, but do so under supervision so that arguments or fights or physical violence doesn't break out and harm the child as well as the relationship that's there in front of the child. This has been extremely successful, and so successful that there is an expanded need for the program in Cumberland. It's funded primarily by grants, and part of the grant requirements is that there be some sliding scale of fees to help support the program. We initially, when we authorized it in this General Assembly in 2003, set a $30 fee by the participants. That is no longer sufficient to cover costs, and so they're asking for authority to move up to $50 per case, as they need to in order to cover fees. There is no opposition to the bill. It's a full delegation bill. Passed Judiciary C 7 to 1, and then passed unanimously.

rules unless your support making a discussion that if one of the time has passed the house bill for 62 wins entry-level by his wife and women ?? ?? would any of you-and-as a semi-desert, of San Antonio and it was then that is not the time, and house bill for 60 to 1 start reading all those names of passion design them enough that, in a CNN and often as will be Simpson of time in his belly of the whole-body tell a person close friend of tile investors speaker of the house bill, AB, your nose is counter Richard Riley is to days of intensive the seller person, and is recognized as insisting Air France and Britain is under residents time at the behest of the inside a building trades council as a line in the counter for Wednesday in connection with a more this figure ?? that the speaker adaptation for taking the Wisconsin - day recognized state-of its 854 bills the house bill 457 taxpayers any of us have to 17 criminal procedure has a small 361 just read this time rations and as the 45 years of reflexive us all for this bill zero-day operations of thought, for one direction so I'll upgrade the house bill four- a 48 the southeastern-database that I'm here with Iraq into a mechanized evidence in place time he's made you know, why did partly many such as reporting to diamond interactive for health and human services because they they were saw Care Services and one additional signs of all the details and to report to the house appropriations subcommittee on health and human services ascended the patients committee on health and human services and adopted this little side Ryan O'Neal and human services Johnson of all products as a dollars back in August the state remains the house of the City Hall bit of money you have any interest in this involves the special times the Alzheimer's and vegetarians all readable and for all fits of no guarantee of times Care Services firm may have all for this units on with this deal, students in runtime except in one form of competition in the industry and with our mothers on a stage play with the last four years, the criteria of AG which scene of the top male section and each time I efficiency report name of the individuals that are sitting on additional 50 hours of the 80 hours that was planned as a nation must persuade users of this meeting, all the time the school's TV station. It's the divisional hours of service all in staff and wire some times in a small town of us to property-down service to the patient IMax the residents in those units in what was the defense of a racially healthy and there were also involved in Asia and other times they are allocations and others were his decision of his specific to this time machine is one he won weeks, discretionary of work, small said she would that be in a high ?? ….

Mr. Speaker, I do have a technical amendment that I would like to be recognized for at this time. [speaker changes] The gentleman is so recognized. The clerk will read. [speaker changes] Representative Dollar moves to amend the bill on page 3, line 1 by deleting the phrase: May 1, 2013 and substituting the phrase: June 1, 2013. [speaker changes] Representative Dollar is recognized. [speaker changes] The amendment is as the clerk read, were passed May 1, so we gotta set that deadline at June 1. I appreciate your support for the amendment. [speaker changes] Further discussion or debate on the amendment? If not, the question before the house is the adoption of the amendment sent forth by Representative Dollar. All of those in favor will vote aye. Opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. The ayes are 110, the nos are 0. The amendment is passed. We're back on the bill as amended. [speaker changes] Representative Brandon is recognized. [speaker changes] To ask the Bill's sponsor a quick question. [speaker changes] Will Representative Dollar yield? [speaker changes] I do. [speaker changes] When you say if it's not just specifically fr ADL's, is there a specific criteria under DSM or is there a specific criteria where people fall in or they don't fall in or they fall out of this particular bill. Is that explained. I'm searching through the bill but I could ask you instead of trying to read the whole thing. [speaker changes] Yes, there is specific criteria that criteria begins at the top of page 2 and the criteria for personal care services must be the same whether the individual is in a institutional setting, a facility setting or in another setting which would presumably be in-home. Federal law requires us to have comparability across settings so that there is no institutional bias toward one setting or another. [speaker changes] Further discussion or debate? If not, the question before the house is the passage of house bill 492 on its second reading. All of those in favor will vote aye. All opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. The ayes are 111, the nos are zero. The bill has passed its second reading and will without objection, be read a third time. [speaker changes] General assembly of North Carolina enacts. [speaker changes] Further discussion or debate? If not, the question before the house is the passage of house bill 492 on its third reading. All of those in favor will say aye, opposed will say no. The ayes have it. The bill has passed its third reading and will be sent to the senate. House bill engrossed, strike that, will be engrossed and sent to the senate. House Bill 515. The clerk will read. [speaker changes] House Bill 515. The Bill's been titled, enacted to amend the laws governing credit unions. General assembly of North Carolina enacts. [speaker changes] Representative Bell of Wayne County is recognized. [speaker changes] To debate the bill. [speaker changes] You're recognized. [speaker changes] House Bill 515 makes several conforming changes to the credit union statutes based on the changes made in the state's banking laws in 2012. This legislation will provide uniformity with banks and credit unions in the service of their members and customers. The only addition that it makes outside of the 2012 banking laws was that it would allow state ?? credit unions to invest in corporate bonds, release an A+ rating and they're currently at a AAA rating. This bill passed on banking and judiciary with full support and would like for your support today. Thank you. [speaker changes] Further discussion or debate? If not, the question before the house is the passage of House Bill 515 on its second reading. All of those in favor will vote aye. Those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. They ayes are 109, the nos are 0. The bill has passed its second reading and will without objection. The bill remain on the calendar. Representative Cleveland. We'd like to recognize the students from Parkway School of Boone and ?? county. If you would stand and let us honor you.

tie off as bill 628 partly I'll do sexier house bill 648 building, activity has the support center concept for second by various reality of the times of the first one on one wall and insight from where men and a low-paid calling places Johnson of all products as important is recognized as being a Ali Sinai supreme house bill 648, center seven, received a hot line at the center frame the size of ways, the standard deduction would like that, the sponsors and Michelle second base time intercounty some money and one to the third is a viable option I have 648 visit our neighbor's elections to submit a plan to use them for the number of her as the party sites ??, and offers second five years we have a second fire erupted in July 2012 style election day we have a very simple reason was the fact that our turnout is anywhere from 1 to 4% without a countywide two counties Stan White House $757.36 or 600 numbers of $49.90 for the azalea that any weapons for instance, 15,000 + $3.97 for $215 the $6.53 per is it possible that your local county I mentioned to the site for savers, second primary origin of the early 1990s increasing that we have a bloody shoe and that is that this great for state and Federal races begin by some already time, audiences were sensual effect can be made as president of the fact that installs recognize the commitment ?? incorporated in pre -wish all-hands of the whole page one line can of the routing deadline to the up equipment which began as a time interval, the end of the year was known of the factions to the county out of time and would be a long list of banned from use of wood and steel will require more time to go back to the weeks of dozens of event were not invited to meet on Monday, Wednesday night that despite his apple no time to stay in the reductions still safer, the white box of baking up to this matter has taken the age of time hour movie houses and Percy 30 seater he's again on his side by Sondheim is alleged that was then they'll have a not a question for the houses the hotter than a dozen for the person to show all the skills exported all those tables, I have a ?? who ?? who was chief report on it-for-the time the end of the stafford act on the hill hasn't been present for his rectum of ITU of study recommends that they do you recognize this just have stymied that makes us a manner of state in right direction it's a stray someone ??hood with the navy Saturday with people? Sat on our knees timeout was a year's one will issue a discussion of a ?? is not a question for the houses house bill passed the house bill 648 hours after reading all-and walked one of those all will have the department ??...........

The Clerk will lock the machine and record the vote. The ayes are 112, the nos are zero. The bill has passed its second reading, and will, without objection, be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate? If not, the question before the House is the passage of House Bill 648 on its third reading. All those in favor will say aye. Opposed will say no. The ayes have it. The bill is 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 Employer Group Health Coverage Reform Act. To mitigate the effects of the federal Affordable Care Act on North Carolina's small businesses. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Collins is recognized. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] You're recognized to debate the bill [SPEAKER CHANGES] This House Bill 649 makes technical changes to the Small Employer Group Health Coverage Reform Act, to bring it into compliance with the Affordable Care Act. I ask for your support. [SPEAKER CHANGES] Further discussion or debate? Representative Brawley is recognized. [SPEAKER CHANGES] Mr. Speaker, I'd like to send forth an amendment. [SPEAKER CHANGES] You're recognized to do that. The Clerk will read. [SPEAKER CHANGES] Representative R. Brawley moves to amend the bill on page one, line five, by rewriting the line to read. [SPEAKER CHANGES] You're recognized to debate the amendment. [SPEAKER CHANGES] And, Mr. Speaker, before I debate the amendment, I--just to make sure I'm not violating any rules--parliamentary inquiry that it is germane to the bill. Both deal with insurance department and regulations. [SPEAKER CHANGES] The--yes--and it was changed the title [sic] so if it passes, the third reading will be on another day. You're recognized to debate it. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen, last session, this General Assembly passed a law giving a monopoly to a company which is clearly against the Constitution, says [sic] perpetuities and monopolies are contrary to the genius of a free state; not allowed. A court has found that the session violates the Constitution and all this does it just codify what the judge has already ruled. Be glad to answer any questions. [SPEAKER CHANGES] Representative Collins, is recognized. Further discussion or debate? If not, the question before the House is the adoption of the Brawley amendment. All those in favor will vote aye; all those opposed will vote no. The Clerk will open the vote. [pause] The Clerk will lock the machine and record the vote. The ayes are 108, the nos are 1; the bill has passed. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] The amendment is passed. And, I note that Representative Moore is excused from that vote. He's asked for that before the vote occurred, and the Clerk will make that note. We're now back on the bill, as amended. Further discussion or debate? If not, the question before the House is the passage on second reading of House Bill 649. All those in favor will vote aye; opposed will vote no. The Clerk will open the vote. [pause] The Clerk will lock the machine and record the vote. The ayes are 108, the nos are zero; the bill has passed its second reading, and will remain on the calendar. House Bill 712, the Clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 712; a bill to be entitled an act, to clarify expert witness compensation and allowances. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Glazier's recognized. [SPEAKER CHANGES] Thank you very much, Mr. Speaker. Members, this is a bill being brought to you by Representative Stam, and myself, and Representative Jackson. Originally, the bill was biological evidence preservation study, which has now been rendered not needed. And, this is now being used to fix a problem that has occurred with a Court of Appeals case. Putting it very briefly, when a winning party wins in court, there is a statute that was passed as a result of a joint House and Senate task force--or joint House task force several years ago. It says the winning party gets certain costs if the Court orders them, from the losing party. And, it tried to define those costs in a way that kept it narrow and reduced the cost of litigation. One of those deals with an expert witness' deposition and it says that the deponent's cost for traveling to the deposition- [end of data...]

During the deposition should be taxed to the losing party with nothing else. That was agreed on by both the Plaintiff’s Bar and the Defense Bar. Court of Appeals unfortunately in a ruling recently what enabled to read that intent correctly to read from the statute. And so this goes back and says yet again, we sort of meant what we said last time, and that is when a losing party is taxed cost for a deposition, they can only be taxed the cost of the experts time in court when he’s testifying or she’s testifying, traveling to court can’t be taxed the cost of days of sitting and watching the proceedings. It’s a way to reduce the costs of court. I know of no opposition to this fix and think it is absolutely faithful to what this House I believe unanimously did several years ago. And I commend the bill to you. [SPEAKER CHANGES] Further discussion or debate? If not, the question before the House is the passage of House Bill 712 on its second reading. All those in favor will vote aye. Opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. The aye’s were 111 the no’s were 0. The bill has passed its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate? If not, the question before the House is the passage of House Bill 712 on its third reading. All those in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed will say no. The ayes have it. The bill has passed its third reading and will be sent to Senate. House Bill 762, the clerk will read. [SPEAKER CHANGES] House Bill 762. A bill to be entitled, an act to amend various procedural requirements regarding bail bonds. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Hardister is recognized. [SPEAKER CHANGES] Thank you, Mr. Speaker. The purpose of the bill is to streamline certain procedures of the bail bond industry. There are three main provisions of this bill. Section 1 would allow professional bondsmen to sign for cash bonds. Section 2 would require assuridy to provide either a copy of a bail bond, forfeiture, or release order when surrendering a defendant. The rest of the bill removes requirements for a clerk of court to serve a motion of release. This eliminates a redundancy because the assurity already assures the motion of release. The Department of Insurance which regulates the bail bond industry is okay with the bill. I’m not aware of any opposition and I’d appreciate your support. [SPEAKER CHANGES] Further discussion, or debate? If not, the question before the House is the passage of House Bill 762 on its second reading. All those in favor will vote aye. Opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. The ayes were 106, the no’s were 0. The bill has passed its second reading and will without objection be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion or debate? Representative Brandon. [SPEAKER CHANGES] I’d like to be recorded as voted aye for last vote, please. [SPEAKER CHANGES] It will be so recorded. Further discussion or debate? If not, the question before the House is the passage of House Bill 672 on its third reading. All those in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed will say no. The ayes have it. The bill has passed and will be sent to the Senate. House Bill 778. The clerk will read. [SPEAKER CHANGES] House Bill 778. A bill to be entitled, an act to facilitate implementation of recommended efficiencies in state government. [SPEAKER CHANGES] Mr. Speaker, thank you. I was in the back of the room here and did not make it up to the voting booth here in time to ?? record ?? vote as aye on 762 and I’d like to be recorded as doing so. [SPEAKER CHANGES] So ordered. Representative Torbett? Are you recognized to debate 778? You are? [SPEAKER CHANGES] Thank you, Mr. Speaker it’s great to be recognized. Members of the House, this bill is sponsor to you by last session’s George Cleveland, General Gov. Appropriations 8:30 meetings every day of the week. It came to my attention during those sessions last year, that the state auditor in the course of her due diligence would present this body with information that could lead to effectiveness and efficiencies in state and government. That there was no actual way to take action. There was no end. She would present it, but there was no official, where does it go from there? And so what I thought we would do.

...is trying to figure out a way that these could be disposed of. And if you will read the bill, it tells you simply that the method for disposition is that the Senate and House Appropriations subcommittees will meet jointly within 90 days, either to take action or to decide not to take action on reports coming from the State Auditor's office. That's pretty much the gist of it; I'm available for any questions. Thank you, Mr. Speaker. The Speaker Pro Tempore: Further discussion or debate? Representative Torbett, do you have an amendment you'd like to offer? Rep. Torbett: I do, Mr. Speaker. Thank you for that gentle reminder. The Speaker Pro Tempore: The Clerk will read. Clerk: Representative Torbett moves to amend the bill on page 1, lines through 12 and 13 by deleting the sentence which begins... Rep. Torbett: Thank you. I think you all have that on your screens now. It simply was brought to my attention that we might be in, that the person who wrote the draft might be trying to micromanage just a bit, so if you refer to line 10, we took out the language referencing how the meetings will be convened and how we will oversee that; that's just normal circumstance, so that was removed. At the end of line 10, the Senate Chair down to the end of line 12 is now stricken, and then add three words, "an agency response" on line 13, after it says "Auditor's report." They felt that they would want an opportunity to be mentioned in the legislation that upon receipt of the Auditor's report, we'd also like to hear from the agency on their response, to give us some more information. So that was added, and that's the extent of my remarks. Thank you, Mr. Speaker. The Speaker Pro Tempore: Further discussion, further debate on the amendment? If not, the question before the House is the adoption of the amendment sent forth by Representative Torbett. Those in favor will vote aye; those opposed will vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. The ayes are 112, the noes are zero, the amendment is adopted. We're back with the bill as amended. Further discussion or debate? If not, the question before the House is the passage of House Bill 778 as amended, on its second reading. Those in favor will vote aye; those opposed will vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. The ayes are 112, the noes are zero, the bill has passed its second reading and will, without objection, be read a third time. Clerk: General Assembly of North Carolina enacts. The Speaker Pro Tempore: Further discussion or debate? If not, the question before the House is the passage of House Bill 778 on its third reading. All those in favor will say aye; opposed will say no. The ayes have it, the bill has passed its third reading and will be engrossed and sent to the Senate. House Bill 783. The Clerk will read. Clerk: Committee substitute for House Bill 783, the bill entitled an Act to make technical and conforming changes to the laws governing pyrotechnic displays. The General Assembly of North Carolina enacts. The Speaker Pro Tempore: Representative Hanes is recognized. Rep. Hanes: Thank you, Mr. Speaker. Members of the Chamber, this bill is filed on behalf of the UNC School of the Arts. It's a straightforward bill that would allow the School of the Arts to make pyrotechnical in any applicable performances. Currently they cannot use pyrotechnics in this way due to language in existing law limiting such use on state and university properties. This bill amends that language to allow such use in buildings owned by the UNC School of the Arts. I'd like to thank the Department of Insurance for their assistance in helping us draft this new language and to Representative Starnes for shepherding that relationship. I commend the bill to you for your consideration. The Speaker Pro Tempore: Further discussion or debate? If not, the question before the House is the passage of House Bill 783 on its second reading. All those in favor will vote aye; all those opposed will vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. The ayes are 112, the noes are zero. The bill is passed its second reading and will, without objection, be read a third...

North Carolina discussion or debate, if not all the labels say I was the site and it has handed the bill is passed All in favor vote aye. All opposed vote no. many Center for Hathaway, twenty one government on enacted, ninety Piedmont Triad farmers market in memory of Senator Robert G Shaw, journals, and that North Carolina next to bless is recognized. [SPEAKER CHANGES] thank you, Mister Speaker, members of the house. this is a very simple bill that will do exactly what the title said name the farmer 's market people try farmers market. the jingle for County for former Senator Robert Shaw. he was some go for County Commissioner, including its chairman for some of years for eight years. he served three years in the United States Army air Corps predecessor of the United States Air Force during World War II when he was a State Senator for eighteen years, are reserved for County and the people of this state for over thirty years total, and many, many of you could of been here new Senator Shaw he was an excellent public service in this builder simply tries to recognize those many years that career of public service and honor him is not an attempt to to give him undue credit for the farmers market is just a way to honor him for for many many years. a lifetime of service and recommended suitability– used, but yes, that their talk is recognized to build regular arise to second related blessed thoughts about Senator Shaw. [SPEAKER CHANGES] this gentleman was a giant in his community. he was a businessman. he was a sharp person who cared about people. he took a lot of young man under his so we use as they were growing up and help them get a good start in life by understanding how business operates. he gave a lot of his life as you heard to public service. it is entirely fitting that we recognize this long-standing senator with the with his name on the farmers market at the support of the religious record] Adams is recognized thank the speaker to speak briefly on the bill to recognize all the pleasure when I came here was before I came into Nola Bastien and was very familiar with the working didn't clearly he was a statesman, [SPEAKER CHANGES] he was a gentle man. now, we did a lot of work together across this chamber filing legislation for Guilford County breakdown. he was that he was a kind, gentle man. he worked really very, very hardfor Guilford County, but most especially for the state of North Carolina police to recommend that the All in favor vote aye. All opposed vote no. The clerk will open the vote. further discussion or tonight, if not a question for the health of the passage of health bill eight twenty one et seq. reading all those unfavorable but I suppose what does the clerk was about. our goal out like the machinery for the guys are hundred eleven. All in favor vote aye. All opposed vote no. The clerk will open the vote. the bill 's passage, second reading will without objection be rid of their time Johnson of North Carolina enacts further discussion or debate, if not the question before the half. the passage of health, likely won its third reading all those in favor will say I oppose the site out the eyes have it those passes are reading it will be sent to the Senate health bill eight thirty nine, the court read the socio path only thirty nine ago reduce boarding requirements, but the schools Johnson of North Carolina next to Martin is recognized to explain to them and also have an amendment offered out of [SPEAKER CHANGES] the now clear education committee unanimously that there were reports it is in direct response to the superintendent 's work group that speaker tell us put in place for. we went out to the public school and ask our leaders there. what they needed to be more efficient and they came back with reports and paperwork that they thought we could pull out of the system and would not impact our educational outcomes. we do have it PCS eleven. went back to dpi and work with them to make sure we are getting the data and information we need to make sure that outcomes are working for our children. there were some changes and the disconnect, often the amendment. the clerk Marie Martin implemented on page three, lines forty

If you want by rewriting the lines to read [Speaker Changes] Rep Martin is recognized to explain the amendment [Speaker Changes] Thank you Mr Speaker. This amendment clarifies that our intent is not to go out and ask them to report more data on how we eliminate data. And there was some phrasing in there that DPI was concerned about. When we asked them to give some follow up information that they were infact collect more data from school administrators. This clears up the intention that as they move forward with potentially a new IT project that will collect a lot of this data and that we got some reasonable update on how we are progressing without asking for more data. So I commend the bill to you and ask for your support [Speaker Changes] Further discussion or debate on the amendment. If not, the question before the house is the adoption of amendment sent forth by Rep Martin. All those in favor will vote Ate oppose would vote No, the clerk will open the vote. The clerk will lock the machine and record the vote. The ayes were 112 and the nos were zero. The Amendment is passed and send the bill as amended. Further discussion or debate. If not, the question before the house is the passage of house bill 839 as amended all those in favor in its second reading, all those in favor will vote aye and oppose will vote No Clerk will open the vote. Rep Pains. The clerk will lock the machine and record the vote. The ayes are 112 nos are zero. The bill has passed its second reading and will without objection would be read the third time. [Speaker Changes] General Assembly North Carolina enacts [Speaker Changes] Further discussion or debate. If not all those in favor would say aye oppose would say No. The ayes have it. The bill has passed its third reading and would be sent to the senate after being in roast. [Speaker Changes] Mr Speaker [Speaker Changes] Rep Charles Graham [Speaker Changes] I would like to be recorded as Voting aye on house bill 639. I wasn’t in my seat. [Speaker Changes] So ordered. House bill 872. The clerk will read. [Speaker Changes] House bill 872, the bill to entitle an act taking taking the right to work by making unenforceful and unfair trade practice for any contract to require a contarctor or a sub contractor to use unionized labor. General Assembly of North Carolina enacts. [Speaker Changes] Rep Murray is recognized [Speaker Changes] Thank you Mr Speaker House bill 872 protects North Carolina’s right to work statute and makes it unenforceable unfair trade practice for any contract that require contractor or a sub contractor to use unionized labor. You see the provision in the bill. It’s very simply laid out. It deals with business to business transactions and making sure that one business can’t require another business to use unionized labor to further protect their right to work status in North Carolina. The genesis of this legislation was that Rep Sam and I have a colleague that tried to get on some work the major contract wiuld not allow the sub contract to be let because they didn’t hire a unionized labor and by doing so would have increased that sub contractor’s cost by 25% so we lost that contract. That was the genesis of this legislation and I would ask your support. Thank you Mr Speaker [Speaker Changes] Rep Paul is recognized [Speaker Changes] To speak on the bill [Speaker Changes] Recognized to speak on the bill [Speaker Changes] My opposition to this bill is that the law that we are about to pass is already covered by Federal legislation. The National labor relation act already includes contracts that require only union workers. And under this supplemental clause of the U.S Constitution the federal law obviously supersedes state law. More specifically a state like North Carolina can’t attempt to regulate contract. That’s already regulated by the Federal law. The committee yesterday we had a chance twice to ask our own legal staff if this legislation is required and both times they came back with the answer they weren’t sure. So I am sure a lot of members were thinking so what’s the big deal by passing a law that’s already a law. But I think we should be careful as a body.

We should be careful as lawmakers of passing unenforceable laws. Particularly ones that our own legal staff have already advised could be preempted by the National Labor Relations Act and thus, unconstitutional under the supremacy clause. One likely result would be that Attorney General Cooper would again have to defend these cases and spend thousands of dollars to do so. Our last session, there were seven bills out of this body that were litigated and of those seven that were litigated, all of them were overturned in part or in full. So that defense cost us a lot of money last year to defend the ones that we warned ahead of time or some people warned may be unconstitutional. So regardless of how the members feel about the intent of this bill, the intent of the legislation, I would urge us not to continue voting for things that could be unconstitutional, that is preempted and could be expensive to defend. [SPEAKER CHANGE] Representative Glazier is recognized. [SPEAKER CHANGE] Thank you, very much, Mr. Speaker. I want to go into a little bit more detail and explain why I'll be voting no on this bill and follow exactly the point, the legal point, which I think is precisely correct, that Representative Hall just made. Those of you who know me know that I don't get up on the floor and talk about things that I believe to be unconstitutional unless I really do believe that there's a constitutional issue. In Article 4, Section 2, of the Constitution is the supremacy clause. And that supremacy clause has come to mean at least, that the national government in exercising the powers enumerated in the Constitution have to prevail over any inconsistent or conflicting State exercise of power. And it's come to be known to enforce this provision as Federal law preemption. Preemption can be either expressed by Congress or implied. When Congress chooses to expressly... [SPEAKER CHANGE] Mr. Speaker? [SPEAKER CHANGE] ...preempt to State law, the only question becomes determining whether the State law is one that Federal law is intended to preempt. [SPEAKER CHANGE] Representative Brawley, for what purpose do you rise? [SPEAKER CHANGE] Ask Representative Glazier a question. [SPEAKER CHANGE] Does Representative Glazier yield? [SPEAKER CHANGE] I do yield. [SPEAKER CHANGE] Representative Glazier, I'm just an insurance agent, not an attorney, but I keep hearing this debate that Federal law says you cannot require the employee be a member of the union. Is that correct? [SPEAKER CHANGE] Representative Brawley, what I'm going to try to do is answer your question in more detail. In that what Federal law says is that it has legislated through the National Labor Relations Act and State law cannot interfere with the contractual relationship about what private contractors or contractors get involved in about who they can and can't hire. And so whether we think that's a good policy or not, the National Labor Relations Act has spoke to it and has preempted the field and in fact, as I'll cite to you, several court decisions make very clear that the exact issue we're about to pass a law on has been almost identically struck down in three other places and in my view is fundamentally preempted by Federal law. So the issue isn't one of policy. The issue is whether we have any authority to legislate this and my answer, and I think most labor lawyers' answers, and I've contacted labor lawyers in Washington, as well as in Raleigh, and their answer is this bill is preempted. And I'll explain why. [SPEAKER CHANGE] If I might follow up? [SPEAKER CHANGE] Do you yield, Representative Glazier? [SPEAKER CHANGE] Certainly. [SPEAKER CHANGE] To make sure I understood what you said, Federal law says you cannot require that they be union contracts? [SPEAKER CHANGE] Federal law says that the issue of contracts between the parties about what employees should and shouldn't be, that is we want unionized, we want non-unionized, is a matter between the parties and the State can't come in and create a law that says you can't do or must do one or the other. Because that's what the NLRA is all about. [SPEAKER CHANGE] Last question. [SPEAKER CHANGE] You yield? [SPEAKER CHANGE] Yes, sir. [SPEAKER CHANGE] He yields. [SPEAKER CHANGE] Does not this bill simply say you can't demand that it be one or the other? [SPEAKER CHANGE] No. [SPEAKER CHANGE] Representative Glazier, you're recognized to continue your debate. [SPEAKER CHANGE] Thank you, very much. And as I was saying, the question can be in preemption both something that Congress has specifically stated or where they have so occupied the field that anything we do as States simply not allowed. In the Labor Relations Law that we're talking...

[Speaker Changes] The Supreme Court of the United States has come up with two types of preemption. Both potentially are an issue here. One, so that you know, is called Garmin Preemption, which protects the NLRA boards authority and discretion to apply uniform system of laws and remedies for the conduct that is prohibited by the labor relations act. It is meant to be, and the court has construed it to be, a very broad preemption doctrine. In state laws, the court is held, cannot regulate activity that the NLRA protects, prohibits, or arguably protects of prohibits. The other is what we call machinist preemption. That preemption exists because the NLRA reflects a congressional policy that certain conduct or speech is to be left unregulated and open to natural economic forces and the parties contractual obligations. As those two doctrines relate to the bill before us. This bill is a broad band on any agreement or contract that requires the unionization of contractors or subcontractors who are employed to effectuate the terms of the contract. These types of contracts that the bill is referring to are called project labor agreements. PLA's. PLA's are often seen in the construction industry. And House Bill 872 bands PLA's in all contracts: construction, non-construction, government, private. As it relates to government construction contracts, PLA's here have been a specific case law. Is a more recent case actually last year out of Michigan, called Michigan building versus Snyder. And there he court held that a statute of Michigan legislature pass that banned PLA's and government contracts violated the NRA and was preempted by the NLRA, the exact thing we're trying to do here. Additionally, without going into more detail and it explained in great detail the sections of the NLRA that are preemptive. Aside from Michigan's, the laws that were passed similar to the one we've got right before us in Iowa, Idaho, and Louisiana have been challenged. All of these banned PLA's in government construction contracts among other things. The Louisiana case is still in litigation. The Idaho District Court held just like Michigan that the statue its preemptive. And the issue in one other court at the Federal Level, the United Sates Court Appeals for the District of Columbia has likewise held that there are problem with PLA's in under state law. The second issue that comes up is private contacts, not government construction contracts. Here with regard to this issue, the Snyder Court again set out very clearly, that the statute was preempted in part because it effected the rights of private parties to repudiate PLA's or to negotiate PLA's. So whether we think again, this is a good law or a bad law, and I suppose there is some philosophical divide to some degree, is relevant. The point is, its an illegal law. The courts have made it very clear that we can't come down on either side of this issue. It is meant and it is left to the national labor relations board and Federal Law to control this. The only thing that will happen if we pass this law is we will assure ourselves that we will immediately be in litigation by somebody. And we will almost assuredly lose that litigation. And I don't think thats a fair circumstance for the tax payers of this state. Nor should it be as Representative Hall eloquently argued, something that we ought to be doing. At a minimum, if we are unsure about this, we at least ought to send this back to committee and really ask for a more in depth legal analysis, so that we know more deeply, I think, what the effect is of what we're trying to do. All I can tell you is my speaking to Federal Labor Lawyers in Washington, speaking to lawyers here, and looking at the law myself as a former labor practitioner, and it is my view that this statute is almost unambiguously going to be struct down with preempted by Federal law. I would advice us either to remand this as a committee, or to vote no on the bill. Thank you. [Speaker Changes] Further discusion or debate? Representative Ross. [Speaker Changes] Thank you Mr. Speaker, and I'm not gonna reiterate what Representative Hall or Representative Glazier have to say, but for the freshman, i just want to remind you that every time that Representative Glazier cautioned that we were going to lose a lawsuit and spend tax dollars on that lawsuit last session, he was correct. Every time. Please vote against the bill, save money. [Speaker Changes] Further discussion or debate? [Speaker Changes] If not, the question before the House is the passage of House Bill 872 on its second reading. All those in favor will vote aye, opposed will vote no, the clerk will open the vote.

The clerk will let the machine record the vote. The Ayes are 72, The Nos are 38. The bill has passed it's second reading without objection, will be read a third time. [SPEAKER CHANGES] General assembly of North Carolina in act. [SPEAKER CHANGES] Further discussion or debate. Representative Moore of Mecklenburg. [SPEAKER CHANGES] Mr. Speaker, Clearly I had a malfunction in my box. It recorded me as voting green when it should have been red. I'd like my vote of be changed. Thank you. [SPEAKER CHANGES] So ordered. Further discussion or debate. If not, the question before house is passage of house bill 872 on it's third reading. All those in favor will say Aye. Opposed will say No. The ayes appear to have it. The ayes do have it. The bill has passed it's third reading and will be sent to the senate. Before we read our last bill, I'd like the pages come up to be thanked and while they are coming up the chair recognizes representative Stone and Warren for committee report. The clerk will read. [SPEAKER CHANGES] Representative Warren and Stone for government committee house bill 179 joint agencies sales and excise tax exemption favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] House bill 421 Marshville Deannexation, favorable and referred as Finance. [SPEAKER CHANGES] Finance. [SPEAKER CHANGES] House bill 552 Remove area from county service district, favorable and serially referred to Finance. [SPEAKER CHANGES] House bill 558 Soil & Water/Regional Jails Refunds favorable and serially referred to finance. [SPEAKER CHANGES] House bill 700 Omnibus State IT Governance Changes favorable and committee substitute and unfavorable is the original bill. [SPEAKER CHANGES] Committee substitute calendar, original bill unfavorable calendar. [SPEAKER CHANGES] House bill 779 financial assurance for several developers, favorable is committee substitute, unfavorable is the original bill. [SPEAKER CHANGES] Committee substitute calendar, original bill unfavorable calendar. [SPEAKER CHANGES] House bill 133 ?? use design bills, favorable is committee substitute, unfavorable is the original bill and serially referred as finance. [SPEAKER CHANGES] Committee substitute calendar, original bill unfavorable calendar. The serial referred to finance is stricken. [SPEAKER CHANGES] House bill 671 favorable is the committee substitute, unfavorable is the original bill and serially referred to finance. [SPEAKER CHANGES] Committee substitute calendar, original bill unfavorable calendar. The referral to finance is being stricken, It's already been to finance. Pages, thank you for serving hope you'll come back again as representatives of the people and hope you ride a good term paper on your experience of this week. Thank you very much for being here. House bill 935, the clerk will read. The pages may return to their original stations. [SPEAKER CHANGES] House bill 935, a bill to be entitled an act renaming the child care commission the early childhood 2 care and education commission, expanding the scope of the 3 commission to encompass issues relating to early childhood 4 education programs, and making other conforming statutory 5 changes; requiring that local partnerships shall be the sole 6 contract administrators for the prekindergarten (nc pre-k) 7 program; and clarifying the definition of "at-risk" as related to 8 eligibility for participation in NC prekindergarten program. General assembly of North Carolina in act. [SPEAKER CHANGES] Representative Burr is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker. This bill before us today will continue our efforts to improve the quality of early childhood education in North Carolina for all young folks as well as ensure those who are most at risk, are those who we serve that they are served by the state. I want to run through the three sections of the bill with you briefly and be happy to take any questions. The first section is continuing our efforts to...

To make sure that early childhood education, that we break down those silos and that the issues are addressed and under one umbrella. And we continue that effort by changing the Child Care Commission to the Early Childhood Care and Education Commission so that they can oversee both of those important tasks as it refers to childcare and the early childhood education piece. We not only want that quality childcare but we want quality education as well. That first piece addresses the childcare board and the membership. Part two pertains to making the local partnerships the sole contract administrator for the NC Pre-K Program. They currently operate about half of the NC Pre-k programs in the state, and this will put them as the sole administrative contract for the state. The reason that is is in the other half of the contracts are currently administered by the school system. Right now the school systems in those places are also providers. It’s been a concern of mine that within being the provider and also the administrator of the program, it’s somewhat of a conflict for them to be involved in determining where the classrooms go when they’re having to choose between a public school and a private childcare facility. So this simply puts it in the hands of the partnership for children which I believe is very capable of handling this task, and they obviously are in half of the counties around the state. So that part, we’ll address that. For those who wonder, they will still be allowed to have the pre- k classrooms in the public school. It does nothing to change that. It simply puts the pre-k program a third party in charge of administering the program. The third piece deals with clarifying the definition of at-risk. It will reduce the definition, change it down to 100 percent of the federal poverty level. Even at that level, we will still have more qualified four year olds than we do slots. What we’re attempting to do with this legislation, and as you saw with the governor’s proposal although they’re slighter different, is basically eligibility’s up here. Funding is down here. It’s an attempt to bring that eligibility down to something reasonable that we can actually fund as a state and put them at a level filled so that we can address those needs and have a serious discussion about that. And ensure that those kids that are at that level, and that also qualify under the IEP, and have family in the military, a parent or previously has lost their life in the military, their children would also be eligible to serve. It allows those three categories within the at-risk definition. They would be able to be served. As I said, there are still more kids than there are slots. There will be not be one slot cut with this legislation. This is simple ensuring that as a state we fund those that are most at risk. This will do that. With that, I’ll be happy to take any questions but I would ask for your support on the bill. Thank you Mr. Speaker. [SPEAKER CHANGES] Representative Lucas, do you want to debate the bill or offer your amendment? [SPEAKER CHANGES] I’d like to offer an amendment. Cleric will read. [SPEAKER CHANGES] Representative Lucas [??] the bill on page 5 lines 31 and line 32 by rewriting the lines to read. [SPEAKER CHANGES] Representative Lucas is recognized to write the amendment. [SPEAKER CHANGES] Thank you Mr. Speaker. You heard Representative Burr say that we aim to have quality education and quality childcare. My amendment would double the number of students who would get quality childcare and quality education at an early age. We’ve heard many times about the clichés of an ounce of prevention is worth a pound of cure. Or that a stitch in time saves nine. Or the old [??] commercial, pay me now or pay me later. We all recognize, at least I think we all do. Most states. Most nations in fact, recognize that education are the front-end is far superior than rehabilitation of benevolence at the other end. Children who are enrolled in preschool programs, the data’s very clear

care at the list at ?? we have an opportunity that is an amendment in the double yellow to go to college and set up on time whole to capture the allspice make it stop at the time the position at the naval sea of they'll benefit of hindsight at the apple juice, the stocks that were not listed I'll be able to use and also offered in the halls to stop it wouldn't sit on the telephone and cable stocks and toolkits and all that will thus it's Showtime, we'd stayed up the ladder while he did the Saudis and education of representatives: I'm Jonathan bell not have had the luxury recipients up in all of these out that with the Saudis to education reached at ?? the states, if we have one domain of sixth division of about the fact the times and is now a smidgen of steep declines recently at North Carolina is the 20 radio station with that of a ?? weekend that ad hoc of city hall member of the contents with its weekly roll 0.1 time passed some action, as a disfigured of use of whether special as it's your comments of a person is moves minute, it is time, he says it will serve more ?? accent, were intended as a finding more slots Tyler and say we have around 25 passes on days when prestige and we have received 2000 from all five of the firm with the destination time either a 30,000 zone De Lafayette lever said, adding that we had in the nineties another 11,000 bills is it wasn't too fast we see only 39 edition out of beta carotene to work for me to the same as you add a slice and that's partly funded today as the reason the government works even as the lead I'm always higher-margin estimates in the increase in funding, make sure we're taking care that is not only for all of us agree is an event that we had the highest time when we always remains to the budget process is simply bring down the hostility to a reasonable level or we can find in the fifth amendment on one of the Sunday edition of slides of time in the creates a confusing when it finally decides it was a little rusty Areas my messages because time announcement for a definition as a teenager and former mysteries are first in line and those in which we start making person killed in a dissident it around riled on that incident I think correctness and you are interested rivals in the board is an went down as his active are not here chimes and are a 20%, the level in defining SMS Waller is are expectations for what we do for our dual ?? credit here are 14 and stains and universal of oriole time education upheld an Oregon on the CNN aired riley's Jews and it's very interesting or on oregano and West Virginia and Wisconsin is China resins and southeast area and has already reached exact are: at least 90% are equal in the area from your account number ?? were downstairs the ESSR Dole recalled tired on his ??ren resigned wide-angle fiery that Mr. Hanauer rest is easy way for three years for first person to deal a time person into what would the estimated cost of actually serving every show a statement to ??...............

200 percent of federal poverty. [SPEAKER CHANGES] A representative Dollar all of the evidence shows that for every dollar that you put into pre-school you save seven dollars down the road. So it would save the state money to pay for, make this investment in our children, pay up front to prevent the crime that people get into, to allow to be successful in high school and college and to go one and to able to support themselves so whatever it would cost is worth our investment. [SPEAKER CHANGES] Representative Dollar what purpose do you rise? [SPEAKER CHANGES] To ask another question. [SPEAKER CHANGES] Do you yield representative Insko?[SPEAKER CHANGES] I yield. [SPEAKER CHANGES] She yields. [SPEAKER CHANGES] To repeat and more specify my question if your propose as you propose it and you were actually funded, how much would it cost the state in the next budget year money that we would have to spend today, or to appropriate over the course of the next few weeks to fully serve that population should they choose to enter into the program? [SPEAKER CHANGES] I'm sure that the bill we passed last year that cut taxes for wealthy business owners would be enough to cover this expenditure. And I would also like to add that this bill puts the burden on us to say these are our at risk children. We are admitting these children are at risk and we are admitting that we are not funding them. We always had a waiting list, always had that goal that we were anticipating that we were saying that we were ready to serve. [SPEAKER CHANGES] Representative Dollar What purpose do you rise?[SPEAKER CHANGES] Just a final question. [SPEAKER CHANGES] Representative Insko do you yield for a final question? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] She does. [SPEAKER CHANGES] Which tax and how many hundreds of millions of dollars do you want to raise? [SPEAKER CHANGES] Representative Dollar if I was in a family that was very poor the last thing that I would do would be to cut my second job in order to somehow save money and that's what we did last year. We were at the bottom of the barrel in our revenue and what did we do? We gave up our second job. We gave up that revenue that was coming in already. I just don't want us to cut anymore revenue. Our economy will get better our revenue will go up. Instead of using every bit of new revenue that comes up when people get new jobs our revenue will go back up. We'll be able to fund these children and thats what should be our goal. Our goal should not be always to cut taxes our goal should be able to fund these essential services and our children are essential and they are our future. This bill says that we don't have to educate our children to take the jobs of the future. That its okay if they drop out of high school and to have only low paying jobs. I don't want to live in a gated community that surrounded by slums. I hope you'll vote for this amendment. [SPEAKER CHANGES] Representative Dollar is recognized to debate the amendment. [SPEAKER CHANGES] Mr. Speaker members of the house I would just observe that the questions are not really being answered. What representative Burr and what representative Avila are doing, what they've been working on is trying to make a logical alignment between those children who are most at risk and the funds that we actually have available for the program. What I've observed over the years is that there has always been this huge list, ever since I've been here, there has always been this huge list of unserved. But nobody in the good times, they never appropriated the money. The committee before, with all do respect to my colleague, they didn't fund the full list then because its hundreds of millions of dollars. [SPEAKER CHANGES] Representative Insko what purpose do you rise? [SPEAKER CHANGES] To ask representative Dollar a question? [SPEAKER CHANGES] Representative Dollar do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He does. [SPEAKER CHANGES] Representative Dollar you served on the health and human services appropriations committee and you knew that year after year we were able to add slots. Year after year our child care subsidy slots went up and we added children into our three and four and five star child care centers. Part of that was pre-k so we did add funds. We did add slots every year. I'm no afraid of saying that we are falling short. That we could do better. [SPEAKER CHANGES] I'm not sure I heard a question. [SPEAKER CHANGES] Further discussion or debate on he amendment sent forth by representative Lucas. If not all those in favor of the amendment will vote aye. All those opposed will vote no. The Clerk will unlock the

Will open the vote. The clerk will unlock the machine record the vote. The aye’s are 46 the no’s are 62. The amendment fails. We’re back on the bill on second reading. Representative Gill is recognized to send an amendment? [SPEAKER CHANGES] Yes, thank you. [SPEAKER CHANGES] The clerk will read the amendment. [SPEAKER CHANGES] Representative Gill moves to amend the bill on page 5 lines 43 and 44 by inserting the following: where ins for a child with limited English proficiency. [SPEAKER CHANGES] Representative Gill is recognized to explain her amendment. [SPEAKER CHANGES] You know today on the floor I’ve heard this sponsor of the bill talk about the kids that are at, at most at risk. Not being successful. And the group of kids that are most at risk are the ones that are not on the list. So I’m asking to add as a fourth eligibility, limited English proficiency. Access to pre-K for limited English proficiency students is a great thing. Children with limited English arrive in kindergarten with a life-changing literacy and English vocabulary deficiencies compare to children who speak English at home. If you notice that the limited English proficiency student are currently the lowest performing subgroup in our North Carolina schools. They are the most at-risk of failing. So I’m asking for you to support the amendment to include limited English proficiency students. [SPEAKER CHANGES] Representative Burr is recognized. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, I would respectfully ask that you oppose this amendment. Many of the children that Representative Gill speaks of will continue to be served through the pre-K program as they will meet the definitions which are before you in Part 3 of the bill. So I would ask that you vote red on the amendment. [SPEAKER CHANGES] Representative Brandon is recognized. [SPEAKER CHANGES] I’d like to be recorded voting aye on the last amendment. I voted no by accident. [SPEAKER CHANGES] So ordered. Further discussion or debate? If not, the question before the House is the adoption of the Amendment set forth by Representative Gill. All those in favor, vote aye. Opposed, vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. The aye’s are 41 the no’s are 68 the amendment is not agreed to. Further discussion or debate on the bill? Representative Terry? [SPEAKER CHANGES] Mr. Speaker, I’d like to be recorded as having voted aye on the amendment. [SPEAKER CHANGES] Is that on which amendment Representative Terry? On the one we just did? [SPEAKER CHANGES] On the second amendment. [SPEAKER CHANGES] Second amendment. [SPEAKER CHANGES] That’s correct. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Representative Whitmire? Representative Whitmire? Representative Steinburg. [SPEAKER CHANGES] Yes, Mr. Speaker. I’d like to be recorded as voting yes on House Bill 872 please. Yes on 872. [SPEAKER CHANGES] So ordered. Representative Hall of Durham. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] You are recognized. [SPEAKER CHANGES] Thank you, Mr. Speaker and ladies and gentlemen of the House. I hope that you will consider what we are doing and what we’ve done so far. This is not a stand-alone bill. This is not the first education bill we have before us to consider and for some reason we seem to look only at the bill in front of us and not consider the context in which it’s in. So we look at increasing class size, we look at taking away teachers assistants. And now we’re saying you have to be the most destitute of destitute to get assistance. So this bill reduces the number of children eligible, not the number of children in need. And so are we creating a.

?? for ourselves when we say because you have need, we've waived the magic wand called our definition of need. We've reduced that so we can say we're meeting the need we're not meeting the need. This is gonna impact our future. These are your grandchildren, these are the children your grandchildren play with, your children play with. We can't all roll up the ladder and say only our children should have an opportunity. They're gonna need people to work with, to communicate with, to collaborate with, to come up with great ideas, to recieve new ideas and we're creating an environment where we're depressing them. So I'd ask you to then think again about what you're saying about the future of North Carolina. I appreciate what Representative Dollars?? said about the immediate cost. But we're here to also look at the future of North Carolina. We're talking about impacting our graduation rates. We're talking about developing a work force in the next forty years that will not be able to compete and we're making those decisions today. So again take into consideration the future of North Carolina not just the present. We weren't charged to come down here and just pass bills that deal with the present. Clearly we're talking about kindergarten students, we're talking about pre-k students so obviously we're talking about the future. Let's look towards the future let's not be stuck and be prisoners of just today let's not leave behind those who will be our future and again you've already heard that North Carolina's graduation rate has improved. If you think back ten or fifteen years had we not been making the efforts we made at pre-k, that would not have happened. We're getting ready to doom North Carolina for failure and many areas going forward by having these type policies. Again, think about the future. It doesn't take care of the need just because we changed the definition. We recognized the need, we know it's there. We know we get good results when we address it especially in pre-k and kindergarden. So again, I'd ask that you not vote in favor for this bill but let's do better for the future. For your children's future as well. [SPEAKER CHANGES] Representative Adams is recognized. [SPEAKER CHANGES] Thank you Mr. Speakers?? Speak on the on the bill. [SPEAKER CHANGES] You're recognized. [SPEAKER CHANGES] Education is expensive but let's try ignorance. We won't have quality students if we don't provide a head start for these young people through these pre-k programs. We talk about what we want our children to be able to do. We say we want them to read by the time they're in third grade. We say that we value education and of course there's a lot of data that suggest that pre-k programs do in fact help children to be successful in the grades that follow that. It is a vital component of our public education system. We've had our pre-k program now for over a decade and it's made a difference in the lives of children and we have enough data to support that. We say that we're a state preparing students for global competition. But this bill has already been said in addition to eliminating nine thousand, over nine thousand four year olds from participation. It will also exclude limited english proficient students who are now eligeable. Thousands of young people, thousands of families who need this opportunity to be successful in school will be hurt. We should be thinking about creating opportunity and not eliminating opportunities. I'm concerned as well not only for the entire state but for Guilford County currently has twenty three hundred, more than twenty three hundred pre school slots and they're all filled with elidgeable students and children and we're going to lose if this passes about six hundred and sixty eight slots. So that these children will not be able to participate it's not a good thing, it certainly, we need to start looking long term as Representative Hall and others have said and we've got to consider if we don't do something now before they actually get into school then we're going to pay later for it. I would appreciate you not supporting this bill it's not a good bill it's certainly not good for North Carolina and it's awful for our children. [SPEAKER CHANGES] Representative Collins is recognized [SPEAKER CHANGES] ?? to debate the bill [SPEAKER CHANGES] You're recognized to debate the bill I was raised in a house hold that I'm pretty sure would have qualified for these benefits if it had been set at the two hundred percent.

Poverty level. I was taught to read by my mother on her knee when she would read those little Golden Books to me, if you've ever seen those things until I would read them back to her, after I had memorized them. Eventually, I learned to read that way. It's kind of ironic, Representative Hurley, but the first two things I remember learning in public school, that I didn't already know was in the third grade when I learned how to write cursive and learned the multiplication table. That was so cool, because my teacher had finally taught me something that I didn't already know by the stage I got to it. I say all that to say this, I feel like we greatly denigrate people a lot of times by assuming they're incapable of doing anything by themselves unless the state does it for them. My wife and I taught our kids to read before they got to school. My daughter is now teaching her kids, who are three and one and a half, how to do things and she'll teach them to read at the appropriate time. I think the fact that we think we can throw state money at something and solve everybody's problem has proved to be a ridiculous solution. I will also say that this idea of no matter how much it costs, we'll just pay for it, I don't go along with that. The latest studies I've read have shown the pre-K program that is used most widely in our country has virtually no effect on students after they reach the third grade, any benefit they got from it disappears. Are we willing to pay an infinite amount of money to get a benefit in the last three years and it goes away? The benefit I got, learning to read from my mom still lasts today. I would certainly support this bill and ask you to do the same. [SPEAKER CHANGE] Representative Brandon is recognized. [SPEAKER CHANGE] Speak on the bill, ??. [SPEAKER CHANGE] If you will just hold for one second. Pages, you're free to go. Thanks for coming. Representative Brandon. [SPEAKER CHANGE] I wanted to speak briefly on the bill. I have some concerns with the bill, I understand the bill's sponsors understand what the intentions are. But, one of the notions that we have understand is, is that people of 200% of poverty, when you're looking at the numbers of folks who can not read by third grade, and you're looking at a 60% number. That goes across all lines. That is not just poor people, and that's not just 100%. That goes across a whole wide range of folks. We really have to be mindful when we cut it to 100% and understanding that the 150, the 200 are all still suffering from this. They all still have financial disadvantages that prevent them from being able to enroll their children into a pre-K program. If we always did law based off the notion that everything that we do in this general assembly is going to affect 100% of the population or it has a 100% success rate we would never, ever make a law. There are a lot of families out there that do benefit from this and I think it outweighs the negative of those that don't. If you would want to take statistical data, try taking statistical data if we hadn't done it. Yes. We still have a big problem by the time our students reach third grade. It is a huge problem. I can't imagine what it would look like without this program. I think it would be twice that. We have a real serious problem with our pre-K programs and we have a serious problem with children, that by the time they reach the third grade. We all know what happens when they reach third grade and they can not read. I really wish we would reconsider that we're doing a lot of things good. I think this would put things, maybe in a different perspective in terms of the percentage of numbers in our mindset what we can pay for, but when you look at 60% of third graders who are not reading on grade level I would prescribe to you that that's not just 100% of poverty. That goes well beyond that, the number itself will tell you that. You can't get to reach to 60 and just leave it there. I urge you to look at it differently and oppose the bill. Thanks a lot. [SPEAKER CHANGE] Representative Glazier is recognized. [SPEAKER CHANGE] Thank you very much, Mr. Speaker. I will speak on the bill. But, I'd like to turn our attention a minute to a different portion of the bill than we've been talking about. Which causes me as much concern as the one we spent all the time on. That is, if you'll look at part two, section eleven of the bill, which is the local partnership is the sole contract administrator. Essentially, what we have now allows partnerships, and I'm a huge believer in the partnerships. It allows partnerships to exercise the right of, first the refusal to be the administrator for an area. Last year, 41 partnerships did not exercise that right to be the administrator, they choose not to be. 41 school districts.

but continue to be the essential ministry under a partnership of these programs. if you were about two paragraphs down from where that is, will see the effective date of this bill is July first. assuming this bill passes the end of May were talking about moving the administrative function of forty one of these programs in thirty days from the school district to the local partnership without any time to do that. I think that is all but a physical impossibility and sets them up to seriously fail, I'll begin think they have the capacity or didn't want to do it last you have the option now whatever force it on them a beginning July one twenty thirteen when this bill may only pass at the end of May. I think that creates a real administrative obstacle on it. at minimum I would hope that if this bill were to move on the back gets changed. secondly, I am turning to back to the issue that we are talking about. I just have to respectfully disagree with two comments that were made on the floor. one is that of the study showed that the rest of the experience of these children and effects effectively a third grade. there was a time I think that that was accurate. the far more recent international and national studies,including one out of Chapel Hill make it very clear that the effects of quality early childhood education programs go all the way through school and I don't think there's any question about it. and here I just want to share one experience when I became a school board member. I tried to figure out all the things I did know and start to learn a few of and that was a lot, but I went to a teacher 's classroom, and they were having a prep practice writing test, and this was of high poverty, high risk elementary school and that teacher am I given the prompt of the prompt was what did you your summer vacation and I want to see the principal lack right through the school principal was crying. I asked her why she was crying and she said I want you to read this response to read theresponses I read it, here's what this child wrote child wrote well I've never had a vacation. but if the vacation means that I could sit outside my home one night and not hear gunshots in myneighborhood and I had a day of vacation last summer at answer reminded me in every way possible, but very different cultural lens were brought up with a lot of these children that things like early childhood education and field trips and experiences can make all the difference in their lives. things I take for granted with my children and with the children who live in my child of my children's neighborhood early childhood education is the difference between whether we continue to build prisons or we don't lord knows we've been passing a lot of bills and here I voted for Monopoly than increase penalties because were not dealing with our every single country is ahead of us on tens and on international testing, almost without exception, one of the differences between their countries and arts is that they have universal access to early quality early childhood education programs, and if you read all the books, Finland are being the most recent one, Ireland, Denmark, they credit that, among many things, but that is one of the biggest reasons they were able to turn around their education systems. I recognize were not to be able to meet Leanne grow overnight and I think a couple thousand slots. additionally year is a is a is a budget wise and smart way to go. this bill says were going to effectively reducing sixty nine thousand eligible kids down to thirty one thousand or so eligible kids in perpetuity. it's not looking forward. it's dealing with the wrong question. we asked the question, how do we saw only had a problem by looking at our revenue limitations we get one answer to as khow we solve the Landrieu problem by what's best for the education of children and how we propel education forward in the state and need our constitutional obligations. we get a different answer.so while I don't disagree with represented dollars. about. we certainly don't have hundreds of millions instantly to do this. what I do disagree is that we pass a bill that says that's not a goal and if that moves us to a lower common denominator instead of Bihar, one for those reasons and would be voting against the bill for what [SPEAKER CHANGES] I expect to be the last. the debate on this bill. wretched man that I was recognized and can the speaker help but think about our state modern as we sit here and debate this particular issue. think Oliveira from

With it. To be, rather than to seem. What we're basically talking about is either we raise an eligibility limit, and we have this massive number of people standing in line with no hope of getting funding, or we be realistic and set a limit where we can begin to meet the needs. I think our Governor has set us on the right path showing us that contrary to what may be put out, as far as the rhetoric, we also believe in the need and the efficacy of early childhood education. I think Representative Collins pointed out how critical that is to all of us, whether we're getting it through a government program, or whether we're getting it through our families, it is necessary. But, we have to be realistic, because if we set these eligibilities...We focus on so much of the things that we can't do. Let's set a limit. Let's meet it. Let's then go beyond it, because we will continue to find those children that need it, and we will get them in the program. To have a huge waiting list and have people with this hanging over their head that you can't be served does nobody any good in this Body or in this State. I recommend your vote for the bill. [SPEAKER CHANGES] Representative Hanes is recognized. [SPEAKER CHANGES] Thank you, Mr. Speaker. I'm going to keep this short, because I don't speak a lot on the floor, and you all are going to be hear enough out of me when it comes to education over the next few weeks. One thing I wanted to do, just for a moment, is tell you about some proficiency numbers. Third grade proficiency levels across this State that we got from DPI. These are numbers that stand at 185% of poverty. We're talking about dropping that eligibility down to 100%. Charlotte Mecklengburg County schools. Only 55% of their children, third graders, are reading proficient. Nash County schools. 55% of their children are reading proficient at the end of third grade. North Hampton, 51%. Chapel Hill, 48% Asheboro, 49%. Winston Salem, 48%. That's at 185% of poverty, and we're dropping it down to 100%. I'm asking this Chamber. We need to be very, very careful with the foundation that we're digging into right now. We're going to be doing something that's going to lead us to a very bad end if we continue in this way. Thank you. [SPEAKER CHANGES] For the discussion or debate if not the question before the House is the passage of House Bill 935 on it's second reading. All those in favor will vote aye. All opposed will vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. The Aye's are 62, the No's are 46. The Bill has passed it's second reading and will without objection. [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] Objection having been raised the Bill will remain on the calendar. Committee Reports Representative Jordan and McGrady are recognized. [SPEAKER CHANGES] Representatives Jordan and McGrady for Judiciary Subcommittee B. House Bill 345. Increased penalties for misuse of 911 system. Favorably to the Committee substitute. Unfavorably to the original Bill and serially referred to Appropriations. [SPEAKER CHANGES] Unfavorable calendar for the original bill. The Committee Substitute is re-referred to public utilities and if favorable to Appropriations. Notice is in announcements. Representative Riddell. [SPEAKER CHANGES] Mr. Speaker. I was in the Chamber on the last vote and didn't get a chance to vote. Aye, please. [SPEAKER CHANGES] So ordered. Representative Ford. [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] The gentleman is recognized for point of personal privilege not to exceed three minutes. [SPEAKER CHANGES] I'd like to wish the leader of the Cabarrus delegation, Linda Johnson, a happy birthday today. [SPEAKER CHANGES] Representative Lewis is no longer recognized. Representative Dollar. [SPEAKER CHANGES] ?? announcement. [SPEAKER CHANGES] You're recognized. [SPEAKER CHANGES] Thank you. Members, the full Appropriations Committee will meet Tuesday...

morning at eight thirty four own creations around six forty three, eight thirty on Tuesday and will be taken up. House Bill eight seventeen. the transportation operative George Graham is recognized that this jerk doesn't recognize [SPEAKER CHANGES] my seat mate and it's all things of the first bill it wrecked him trip it was recognized for a series of motions to get his emotions to remove for bills for money nice counter by Simone tragedian, less members will be here around midnight Monday night versus Haskell, seven sixteen, which is an act to prohibit a person from performing or attending perform an abortion when the sexually unborn child is a significant factor in seeking abortion is one order and asset one thousand to seventeen, which is an act to provide a rider direct appeal to the Court of Appeals for probation revocation, the District Court as about six more lives of the title that one without objection. the work also for it soon actual outlay, try care supplement for flexible compensation plans offered by the state 's third one that objection handler in the final counsel for Wi-Fi, which is now provided a gesture judge of the General Court of Justice of North Carolina ALJ clerks. I fourth dissipated a bill that allows them to have a weapon only a courthouse grounds without objection, so ordered record of Roth 's recognized for an announcement [SPEAKER CHANGES] , it recognized thank you [SPEAKER CHANGES] , Mister Speaker, this is on behalf of Representative Corning has been texting me on the floor she wanted me to announce that the joint international business and trade caucus will meet on Monday at five in room twelve twenty eight and on Secretary Troxler will be the speaker so Monday at five twelve twenty eight graphics cards recognized for an announcement caucuses six o'clock on Monday evening revenue Moore's record promotion Mrs. Peter subject to the reader for bills and resolutions and the receipt of committee reports that has to do now adjourn to reconvene at seven o'clock p.m. on Monday May the sixth two thousand thirteen record more Luczak in a brawling at the house adjourned to reconvene on Thursday May sixty seven p.m. subject receipt of committee reports in real world bills and resolutions of the Bible say I is because I know the eyes appear to have a guy who haven't half integer