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House | February 12, 2013 | Chamber | Session

Full MP3 Audio File

Speaker: The house will come to order. Visitors will take their seats. Members will retire from the chamber. Sargeant in arms will close the doors. The prayer will be offered by Representative Starnes. Members and visitors please stand and remain standing for the pledge of allegiance. Representative: Let us pray. Heavenly father, indeed we are grateful for this day that you have blessed us with. We are thankful for the help that will be for serving you and for serving our fellow men as we consider the bills that come before this body. Lord we ask that you give us wisdom so that we can make wise decisions. [muffled inaudible] we ask this in Jesus’ name and for his sake. Amen. [pledge of allegiance] Speaker: Members and visitors in the gallery, I think I neglected to ask you for all cellular phones to be silent. Representative Moore is recognized. Representative: Mr. Speaker, the journal for February 11, 2013 has been examined and found to be correct. I move approval as written. Speaker: Representative Moore moves that the journal for February 11th be approved as written. All those in favor say aye [aye], all those opposed, no [silence]. The aye’s have it. The journal is approved as written. Petitions, memorials or letters addressed to the general assembly or the house. Reports of standing committee and permanent subcommittees, Representatives Hollow and Burt Jones are recognized to send forth a committee report. The clerk will read. Clerk: Representative Hollow and Burt Jones co-chairs the health and human services committee, senate bill 4, no NC exchange, no Medicaid expansion, favorable to the house committee substitute, unfavorable as to the senate committee substitute. Speaker: The house committee substitute calendar unfavorable calendar. Representatives Brawley and Iler are recognized to send forth committee reports. The clerk will read. Clerk: Representative William Brawley and Iler, co-chairs of the transportation committee, house bill 10, remove route restriction for NC 540 loop, house bill 10. Speaker: Calendar. Introductions, bills and resolutions, the clerk will read. Clerk: Representative Hurley, house bill 88, incapacity to receive amendments Speaker: Judiciary subcommittee B. Clerk: Representatives Samuelson and McElraf, house bill 89, DENR support for regional water support system; Representative West, house joint resolution, honor the town of Hayesville 100th anniversary. Speaker: Rules calendar and operation of the house. Messages from the senate, the clerk will read. Clerk: Committee substitute for bill 10, a bill that has been entitled an act to establish government reduction and efficiency act 2013. Speaker: Commerce and job development, favorable. Rules, calendar and operations of the house. Clerk: Committee substitute for bill 14, a bill that has been entitled an act to direct the state board of education to develop the career and college endorsements of high school diplomas increase access to career and technical education teachers in schools, and to work with the state board of community colleges to increase the number of students enrolling in high need employment areas. Speaker: Education. Members, we have a number of courtesies we would like to extend. First of all, upon motion of Representative Nathan Ramsey of Buckham County, the chair is happy to extend the courtesies of the gallery to Tim Pasower, agriculture

The teacher at Owen High School and his students. Would you all please stand. It appears they've left. Upon recommendation of Representative Ken Waddell from Columbus County, the Chair is happy to extend the courtesies of the gallery to Wendy Meares and Hope Tyson. These ladies are nursing instructors at Southeastern Community College. Olivia Watson and her parents, John and Marlette Watson are also with them. You should know that Olivia won a national FFA speaking contest and Marlette is the FFA Adviser at South Columbus High School. Also extending courtesies to Barry Strickland who is the FFA Adviser at South Columbus High School and a number of the South Columbus FFA members. If you all are in the gallery please if you'd please stand so that we can recognize you. All right, we'll see if the third time is the charm here. Upon recommendation of Representative Ken Waddell from Columbus County, the Chair is happy to extend the courtesies of the gallery to Rebecca Bennet, Susan Boyd and Ernestine Johnson. If you all are in the gallery, please stand so that we can recognize you. All right. Well, we are 0 and 3 today on that. Members, without objection we are going to move, now time for the calendar. We are going to move to House Resolution 85. The clerk will read. [SPEAKER CHANGE] House Resolution 85, The House Resolves a Joint Resolution Honoring the Memory of Those Who Have Contributed to the State's Agricultural Education Program and the Future Farmers of America Organization While Observing National FFA Week of the North Carolina Agricultural Education and FFA Day. The House Resolves. [SPEAKER CHANGE] Representative Waddell, please state your purpose. [SPEAKER CHANGE] To speak to the resolution. [SPEAKER CHANGE] The gentleman is recognized to debate the resolution. The House will come to order. [SPEAKER CHANGE] Thank you Mister Speaker. Ladies and gentlemen, I come here today as an agricultural teacher, a former agriculture teacher and I understand the importance of FFA and how much it has meant to the state of North Carolina. I would like to thank Chairman Langdon for allowing me to piggyback on this resolution because he came up with the resolution and I've determined it was really a pertinent resolution for me since I had taught ag for thirty something years and was certainly aware of all the things that FFA has done for the state of North Carolina. As we all know agriculture is the largest industry in North Carolina and most of you in this chamber probably have had experience with agriculture. Maybe some of you have had experience as an ag student in high school. I know my ag experiences in high school certainly prepared me in one way to become mayor and be a council member in my local home town because it provided me the skills from parliamentary procedure to be able to do that. And I think some of you in here have seen the effect of parliamentary procedure as we carry out our every day business. I do feel like that there have been an awful lot of ag educators and ?? ag leaders in the state of North Carolina that need to be recognized and these are recognized posthumously. But certainly we have our share of ag teachers that have affected us too. I have been blessed with a lot of ag teachers that have gone on in my county. One of those ag teachers is Mister Jim Rabin, who is the dad of Senator Bill Rabin. He was teaching agriculture when I first got into high school and he ended up being Superintendent of Columbus County Schools. Also I have been privileged to have people like Fred Lay, who is the granddad of Olivia Watson who spoke at the ag committee this morning with her public speech that she presented to the national FFA which she finished third with. And that's really good for the state of North Carolina. The point that I am trying to make: Charles Keels and all these other folks who have been important in ag

is we need to recognize how much affect that agriculture has had and will have on the state of North Carolina. It is our number one industry, it is extremely important. We hear about all these other things that affect things in North Carolina, agriculture is the big gun, the big gun, so please I ask you to support this resolution and Mr. Speaker I commend the resolution to you. [SPEAKER CHANGE] Speak on the resolution. [SPEAKER CHANGE] The gentleman is recognized by ?? the resolution. [SPEAKER CHANGE] Prior to that could I ask the Clerk to read the resolution in entirety? [SPEAKER CHANGE] The Clerk will read. [SPEAKER CHANGE] Whereas agricultural education provides a strong foundation for the youth of America and for the future of our food, fiber and natural resources systems and whereas agricultural education ensures a steady supply of young professionals to meet the growing demands of agriculture, including the areas of science, business and technology and whereas agricultural education is a 12 month educational program providing summer agriculture and agribusiness experiences and leadership training through 23 different career and technical education classes and whereas North Carolina's agricultural education program is the seventh largest in the United States and has one of the highest high school student retention and graduation rates in the nation and whereas the Future Farmers of America organization is an integral part of the state's agricultural education program and whereas FFA was founded in 1928 by a group of vocational agriculture students meeting in Kansas City, MO, and whereas FFA grew as it merged with other agricultural organizations including the Young Tarheel Farmers founded in 1928 and the North ?? State Farmers also founded in 1928 and the New Farmers of America founded in 1935 and whereas today the FFA is a national organization of 550,000 students involved with agriculture education and Secretary of Schools, Technical Colleges and Universities with chapters in all 50 states, Puerto Rico and the Virgin Islands and whereas the FFA moto, learning to do, doing to learn, earning to live, living to serve, gives direction and purpose to the students wanting to succeed in agricultural education and whereas North Carolina's FFA members are recognized nationally for their quality agricultural training, leadership abilities, academic achievement and community service and whereas North Carolina's agricultural educators are known and respected throughout the nation for their exemplary leadership and planning and implementing superb programs on behalf of FFA members and whereas since 1929, there has been a succession of outstanding leaders and educators in agricultural education in FFA, including Tom Brown, S.B. Simmons, A. G. Bullard, R. J. Peeler, Biden Haire, C. D. Victart and Charles Keels and whereas agricultural education programs and FFA organizations are dedicated to making a positive difference in the lives of their members by developing their potential for premier leadership, personal growth and career success through agricultural education, now therefore be it resolved by the House of Representatives, Section 1, the House of Representatives honors the memory of Tom Brown, S.B. Simmons, A. G. Bullard, R. J. Peeler, Biden Haire, C. D. Victart and Charles Keels and expresses it's appreciation for their leadership, dedication and contributions to the agricultural education and FFA in North Carolina. Section 2, the House of Representatives recognizes and commends North Carolina's agricultural education program and the FFA organization and all who support, promote and encourage the outstanding students of this program and organization. Section 3, the House of Representatives encourages the citizens of this state to observe February 17-23, 2013 as National FFA Week and February 12, 2013 as Agricultural Education and FFA Day in North Carolina. Section 4, the principle clerk shall transmit a certified copy of this resolution to the President of the North Carolina FFA. Section 5, this resolution is effective upon adoption. [SPEAKER CHANGE] Representative Langdon is recognized to debate the resolution.

Thank you Mr. Speaker. Folks I think there's, there's a number of reasons that you can understand by reading the resolution that's ??. I'd like to call your attention to the retention of students. Various data that proves that young people that have the opportunity to take agricultural courses and other career and technical education courses are retained and do not drop out of school. So that would be a good reason just to have the, the program if it was the only thing. It is a wonderful program. I started teaching in 1960 and spent 33 years teaching ag. I understand how much it helps young people develop their leadership skills and develop themselves personally. Another thing I'd like to call your attention to is, that learning to do, one of the things that I found in, in my teaching was when kids have the opportunity to have hands on experiences, in learning, they retain, and understood what you were teaching. Learning does not take place until kids understand. Our programs develop to do that, and other career and technical educations do a good job of that too. I am so proud that I was a member of that organization as a student in high school. Had the opportunity to teach all those years and see so many young people develop themselves. It's an interesting kind of thing ??opens their world. And I think the members of the ag committee could see that in the young lady that gave her speech today in the ag committee. She was a outstanding example of what they learned to do. I commend the resolution to you. [SPEAKER CHANGE] Representative Brandon please state your purpose. [SPEAKER CHANGE] To debate the resolution. [SPEAKER CHANGE] The gentleman is recognized to debate the resolution. [SPEAKER CHANGE] I'm glad that we are having a resolution for Future Farmers of America, as a former future farmer. And I know that's kind of weird for a lot of people to see, but, I did join future farmers because I had a great mentor. And I wanted to make sure that he got into the record and J. Terrell. And he was ours at, at Southern ?? High School. He was our future farmer and our ag teacher. And we won Representative Langdon, we won the federation all four years that I was in high school. And that, for those of you who don't know, that is like winning the state championship in basketball for the ag folk. Although I did get to learn what a good cow was, and a what bad cow was, and a great pig was, it did teach me a lot of leadership skills. I was not interested in that as much, but it did teach me great leadership skills. I know that this organization is continuing to do that. I also know that I have one farmer under the age of 50 in my district. And that is a problem. So we need to be able to figure out how we're going to get these folks back on to the farm and, and create situations where its sexy to do farming again. But I commend the resolution to you. [SPEAKER CHANGE] Representative McManus please state your purpose. [SPEAKER CHANGE] Speak to the resolution. [SPEAKER CHANGE] The lady is recognized to debate to the resolution. [SPEAKER CHANGE] I represent Chatham and Lee county and in Chatham it is still sexy to be a farmer. And I'm very proud of that, and I wanted to just say how proud I am of our FFA at Chatham Central, who has set the standard for competition across this state and this country in horticulture. They've also won first place many times in floral culture at national competition. I was fortunate enough to join them at the national competition and judge a few times. And it is incredible how hard these children work, how many extra hours they put in to be able to compete at that national level. I was so impressed, so moved by these young people and their dedication to agriculture. Vote. I commend the resolution. [SPEAKER CHANGE] Further discussion, further debate? If not the question before The House is the adoption of House Resolution 85. All those in favor will vote aye, all opposed vote no. The Clerk will open the vote. The Clerk will let the machine record the vote. 118 having voted in the affirmative and none in the negative. The adoption, The House Resolution has been adopted, will be ordered printed. Ladies and gentleman just as a point of privilege just from The Chair, The Chair would like to extend a thank you to the Future Farmers of America, the, the future small and big business people in this state that.

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Propose constitutional amendment. first, as I've already suggested, the bill will mean that a public use does not include the taking of property in order to convey an interest in that property for economic development. The use of eminent domain as approved by Keylo [SP], will not be possible in North Carolina. Second, it puts language in our constitution specifically saying just compensation should be paid. While those five words have been determined by the North Carolina Supreme Court who have been explicit in our land of the law, excuse me, law of the land clause, which I'm guessing probably goes back to the magna carter. We're one of the only states that doesn't actually have that in our constitution. Third we are the only state that does not require in its Constitution that the issue of damages in condemnation cases be decided by a jury. Sponsors to this legislation believe that a jury trial in eminent domain cases is so fundamental that it should be spelled out in the constitution. The bill provides for a referendum ans the date of that referendum is November of 2014, and the reason for this is that's the next general election that is coming up. This is not a bill that's gonna require additional costs because we're already going to be running an election statewide at the time. No additional precincts are going to be needed to open up. If we had held the referendum for example on November of this year it would have been more expensive because there are counties and area that are unincorporated that wouldn't normally be holding election at that time. I think the final thing before I sit down I'll mentioned that this bill has come up any number of times in recent years. In the last session it passed with nearly a hundred votes. The members on this side of the aisle supported it unanimously, but the members on the other side of the aisle also two out of three legislators also supported it. This is a good, good bill, a good proposal for a constitutional amendment. It's about protecting private property rights, yes. It's about stating what it fundamental and that is just compensation and a jury trial when the state or our local governments use that power to seize private property. And I urge the body to support the bill and the constitutional amendment. Thank you Mr. Speaker. [SPEAKER CHANGES] Representative Stam please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Mr. Speaker, members of the house, the first sentence on line 11 is very simple but the explanation would be very complicated because the case law for a couple hundred years is all over the place because the courts just have not used consistent terminology. So what do we do? Do we have a bill that runs for two or three pages or maybe write a law review article ahead of time to explain it? No. Our bill drafters came up with what I think is an ingenious solution and that is by incorporating in section four and five some statutory language, the constitutional amendment will be construed what they say in [??], that is we know what the intent of the assembly was with then constitutional amendment because in the very same bill the assembly reiterated some statutes, changed some statutes, and added some language. So we know what the intent is. So for that reason I've put on your desk the statute which is carried forward, amended and changed, and this is the main statute by which all condemnations in North Carolina are done or performed. It's not the only one but it's the main one. And by incorporating 40A-3 it makes it clear that those condemnors listed in 48-3, doing the kinds of things in 48-3 are doing it for public use unless certain facts demonstrate that it's not which is always possible.

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I’ll be doing some more studying on it, but I’m going to vote no today. [SPEAKER CHANGES] Representative Goodman, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Today we have a rare event. We have Representative Michaux and Representative Stam both stand up in favor of the same bill. It has to be a good bill. I ask your support. Thank you. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 8 on its second reading. All those in favor vote aye. All opposed vote no. The Clerk will open the vote. All members wishing to record, please do so at this time. The Clerk will lock the machine and record the vote. 110 having voted in the affirmative and 8 in the negative, the House Committee Substitute for House Bill 8 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? Ladies and gentlemen, this is also another electronic vote because it is an authorization of a constitutional amendment, and for the freshmen’s information, that’s a 72 if all members are present and voting. 72 versus simple majority. Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute for House Bill 8 on its third reading. All those in favor will vote aye. All opposed vote no. The Clerk will open the vote. All members wishing to record, please do so at this time, including Representative Shepard. The Clerk will lock the machine and record the vote. 110 having voted in the affirmative and 8 in the negative, the House Committee substitute for House Bill 8 has passed its third reading and will be send to the Senate. Now ladies and gentlemen, if we may take a break for a moment and if the pages could please come to the front of the chamber, and if the gentleman here could join the pages at the front. Now last night we had a skeleton session and I told the pages that we would properly introduce them today. The pages, as your name is called if you’ll step forward and give some form of a wave, we would appreciate it so we can get to connect a name and a face. The Clerk will read. [SPEAKER CHANGES] Richard Baker, Pender County. LeShaun Bennett, Mecklenburg. Mary Catherine ??, Henderson. Harden Council, Guilford. Ashton Craft, Craven. Alec Johnson, Haywood. Erin ??, Cumberland. Riaz Lane, Chowan. Claire Ledford, Yancey. Michaela Martin, Vance. Dania Ryan, ??. Cameron Sudoth, Wilson. Emma Thompson, Buncombe. Elizabeth Underwood, Archdale. Michaela Wiseman, Yancey. Max Wolf, Forsyth. Eric Zelena, Mecklenburg. [SPEAKER CHANGES] Pages, we welcome you into the service of the House this week. We hope you have an opportunity to make some friends here that continue after you leave. We hope that you learn a little bit. There’s several very interesting bills coming through this week, ranging all the way from constitutional amendments to a treatment for possums, and all of them are equally important for different reasons, but we hope you actually learn a little bit this week and go back and encourage your friends and brothers and sisters to come and join us as well. We appreciate your service to the chamber this week. Thank you very much. You can return to your stations.

House Bill 19, the clerk will read. [speaker changes] House Bill 19, a bill to be entitled, enact to honor fallen heroes by strengthening the law that prohibits disorderly conduct at a funeral, memorial service, or processional route. General assembly of North Carolina enact. [speaker changes] Representative Hastings, please state your purpose. [speaker changes] to debate the bill [speaker changes] The gentleman is recognized to debate the bill. [speaker changes] Mr. Speaker, this bill is enact to honor fallen heroes by strengthening the law that prohibits disorderly conduct at a funeral, memorial service, or processional route. Many of you will remember, back to the last biennium, especially in Cleveland and Gaston counties, we had two soldiers and 1 marine get killed in action and we were appreciative to the speaker for actually coming to Cleveland and Gaston for at least on of those services. I'm here to recommend this bill, Mr. Speaker and to accept any questions. [speaker changes] Representative Szoka, please state your purpose. [speaker changes] to speak on the bill. [speaker changes] The gentleman is recognized to debate the bill. [speaker changes] Serving in the armed forces in an honor. When a soldier or serviceman raises their right hand to support and defend the Constitution of the United States against all enemies foreign and domestic, and to obey the orders of the officers appointed over them. And posted in that oath that they take is a oath, if you will, from the country - from all of us to support them and their families. What this bill really does is it makes us live up to our side of that oath. When a soldier has died in combat, he needs the respect that he is due that we have pledged to give him because we're all Americans. During my time in service, I had the honor to serve as both a officer in charge at several funerals and as a survival assistance officer and I will tell you that on the day of a funeral, there's no more occasion where emotions run deep and it is that day that certain groups and people decide to target our fallen heroes. The time requirement is not an arbitrary thing. At one point in time, I went to a service member. He was retired but he was a Buddhist and their tradition requires them to stay at the internment site well after thirty minutes. They were there for almost and hour and forty-five minutes. So two hours protects all faiths that we recognize in this country. Distance is not an infringement on the freedom of speech. In fact, in my belief, it protects the freedom of speech of the family members who deserve to have the ceremony conducted in silence at the appropriate times with the appropriate playing of taps, 21 gun salute and other things. I just recommend this bill to you. [speaker changes] Further discussion, further debate? If not, the question before the house is the passage of House Bill 19 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 118 having voted in the affirmative and none in the negative. House Bill 19 has passed its second reading and without objection, will be read a third time. [speaker changes] General assembly of North Carolina enacts. [speaker changes] Further discussion, further debate? If not, the question before the house is the passage of House Bill 19 on its third reading. All in favor say aye. All opposed say no. The ayes have it. House Bill 19 has passed its third reading and will be sent to the senate. House Bill 25, the clerk will read. [speaker changes] House Bill 25, a bill to be entitled, enacts to amend the felony offense of breaking or entering. General assembly of North Carolina enacts. [speaker changes] Representative Moore, please state your purpose. [speaker changes] to debate the bill. [speaker changes] The gentleman is recognized to debate the bill. [speaker changes] Thank you Mr. Speaker, members of the house. This is a bill that amends the felony breaking and entering statute North Carolina. What it does is it adds in GS 1454, the following language which is: any person who breaks or enters any building with intent to terrorize or injure an occupant is guilty of a class H felony. The reason I filed this bill, members, is that the request of a couple of district attorneys who had seen instances where an individual broke into a house sometimes to assault, sometimes just to terrorize the occupant of that house. Right now, under present law, if there's not the intent to commit a felony inside or the intent to commit a [speaker changes] Further discussion, further debate? If not, The question before the house is the passage of House Bill 25,

Representative : …inside that breaking and entering is just a misdemeanor. A lot of times, where this is seen in the domestic violence realm, and if you think about it, it takes a heightened state of mind and criminal intent to not only assault somebody but to break in their house and assault them, or to break in and try to terrorize them. under current law right now, if someone broke into a house to steal this little elephant here, which isn’t that valuable, they could be charged with a felony because they broke into the house to steal the item, regardless of its value. The thought behind this bill is that if that is a felony, then surely breaking into a house to terrorize someone, or assault someone, is a felony. That, in a nutshell, is what this bill does. It passed the judiciary committee unanimously. I will be happy to answer any questions if there are any, and urge your support of the bill. Speaker: Further discussion or debate? If not, the question before the house is the passage of the house bill 25 on its second reading. All in favor will vote aye, all opposed will vote no. The clerk will open the vote. All members wishing to record, please do so. The clerk will lock the machine and record the vote: 116 having voted in the affirmative, 0 in the negative. House bill 25 passes its second reading and will, without objection, be read a third time. Clerk: NC general assembly enacts. Speaker: Any discussion or debate? Hearing none, the question before the house is the passage of the house bill 25 on its third reading. All in favor will say aye [aye], opposed, no [silence]. The aye’s have it. House bill 25 passes its third reading and will be sent to the senate. House bill 66, the clerk will read. Clerk: House committee substitute to house bill 66, a bill entitled an amend the law providing captain licensing and permits to wildlife association. NC general assembly enacts. Speaker: Representative West, please state your purpose. Representative: To explain the bill. Speaker: The gentleman is recognized to debate the bill. Representative: Thank you Mr. Speaker, members of the house. What this bill would do is amend the captivity laws in NC to allow the NC wildlife resources commission to issue a permit for scientist educational, exhibition and other purpose. That is all the bill does. I would appreciate your support. Speaker: Representative Hager , please state your purpose. Representative: To set forth an amendment. Speaker: The gentleman is recognized to send forth an amendment. The clerk will read Clerk: Representative Hager moves to amend the bill on page 2, lines 1 and 2, by adding the following rule between the lines. Speaker: The gentleman is recognized to explain forth an amendment. Representative: Thank you Mr. Speaker. This amendment allows a licensed horseman to hold captive a wild animal, it is pretty simple, on display fro annual, cultural or seasonal events, and for that animal to be released at or near where it is captured. The second part actually gives a venue, in case there are some inhumane treatment of the animal, a civil venue to be tried or adjudicated in the county in which it occurred in superior court. I will be happy to take any questions. Speaker: Further discussion or debate on the amendment? If not, the question before the house is the passage of the amendment sent forth by Representative Hager for house committee substitute on house bill 66. All in favor will vote aye, all opposed will vote no. The clerk will open the vote. All members wishing to record, please do so. The clerk will lock the machine and record the vote: 104 having voted in the affirmative, 11 in the negative. The amendment passes and we are now back on the bill. Representative Enscomb, please state your purpose. Representative: Thank you Mr. Speaker and ladies of gentleman of the house. I thought I would annul that amendment because this is really a big change from the way we… removing the other purposes, would narrow this bill. I am going to vote against the bill today, and tomorrow I will [xx]. Speaker: The lady having provided her intent, we will not call for a third reading today. The objection will not be necessary. Further discussion or debate on the bill as amended? If not, the question before the house is the passage of the house committee substitute to house bill 66 as amended on its second reading. All in favor will vote aye, all opposed will vote no. The clerk will open the vote.

[PAUSE] The clerk will lock the machine and record the vote. 101 having voted in the affirmative and 13 in the negative, the House Committee Substitute to House Bill 66 as amended has passed its second reading and will remain on the calendar. Ladies and gentlemen of the House, upon motion of Representative West from Cherokee County, the Chair is happy to extend the courtesies of the gallery to Clay Logan from Brastown, North Carolina. Clay, welcome. [APPLAUSE] Ladies and gentlemen, upon motion of Representative Bill Brawley and the members of the Mecklenberg Delegation, the Chair is happy to extend the courtesies of the gallery to the UNCC, I think you’re back there, Student Legislature. Welcome. Thank you for joining us today, and go Niners. [APPLAUSE] If you’d been here yesterday, you would have seen I had a Niners towel like the one you all have up there. Senate Joint Resolution 47, the clerk will read. [SPEAKER CHANGES] Senate Joint Resolution 47, a joint resolution informing His Excellency, Governor Pat McCrory that the General Assembly is organized and ready to proceed with public business and inviting the Governor to address the joint session of the Senate and the House of Representatives. The Senate resolves, the House concurring. [SPEAKER CHANGES] Representative Morris [PAUSE] Please state your purpose. [SPEAKER CHANGES] 7 on its second reading. Those in favor vote aye. Those opposed vote no. The clerk will open the vote. [PAUSE] All members wishing to record, please do so at this time. [PAUSE] The clerk will lock the machine and record the vote. 115 having voted in the negative. The affirmative! [LAUGHTER] We want the Governor to come. [LAUGHTER] and none in the negative, Senate Joint Resolution 47 has passed its second reading and without objection, will be read a third time. [SPEAKER CHANGES] Senate resolves, the House concurring. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of Senate Joint Resolution 47 on its third reading. All in favor say aye. All opposed say no. The ayes have it. Senate Joint Resolution 47 has passed its third reading and will be ordered enrolled. [PAUSE] Ladies and gentlemen of the House, you’re probably aware of this but the effect of that resolution is that we will be welcoming the Senate members and the Governor into our chamber on February the 18th. [PAUSE] The Thursday, I believe it is still scheduled for that time. We haven’t seen any movement on the session time for Thursday. I believe at this time it is still scheduled for 1PM. And that may change but there are some planning meetings that we’re trying to honor with the various freshmen caucuses and other members trying to get organized, so it’s unlikely that we will change the start time this week. We will continue every week to do so when the opportunity presents itself. [PAUSE] Notices and announcements. Representative Starnes, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] Representative Pearson. [SPEAKER CHANGES] ?? if Representative Howard would yield for a question. [SPEAKER CHANGES] Representative Luebke please state your purpose. [SPEAKER CHANGES] If Representative Howard would yield for a question. [SPEAKER CHANGES] that may be difficult at this time. [SPEAKER CHANGES] All right.

I don’t believe Representative Howard is in the chamber at this time, Representative Luebke. Representative Lewis, does the gentleman yield? The gentleman yields. [SPEAKER CHANGES] Thank you Representative Lewis, I was looking for another…No chair of finance. My question is about, we just got a notice this morning that there will be four bills in the House Finance Committee tomorrow morning. Two weeks ago, I guess, Representative Howard very kindly made the bill summaries available to us ahead of time. I’m wondering whether you can authorize staff to do that for us so that we have a chance to look at these bills since we’re just learning about them today? [SPEAKER CHANGES] Thank you for that. I will send an email request that that be done right now. I’m sure if staff can get it done it will. [SPEAKER CHANGES] Chairpersons in particular, going forward the Chair would ask that any committee (audio skip) for the following day that the bill summaries are made available to all members the night before. Representative Catlin, please state your purpose. [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] Ladies and gentlemen, earlier the Chair was going to recognize the nurse of the day but she may have been out doing some nursing or something. We didn’t see her in the chamber. We see she is here now. The nurse of the day is from (audio skip) North Carolina. I (audio skip) House and providing us with support today. Representative Stone, please state your purpose. [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] The House Committee on Government will meet Thursday, 643 at 11 o’clock. [SPEAKER CHANGES] Representative Boles, please state your purpose. [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The Appropriations Subcommittee on Justice and Public Safety will meet tomorrow room 415, 8:30. [SPEAKER CHANGES] Representative Bert Jones, please state your purpose. [SPEAKER CHANGES] A point of personal privilege. [SPEAKER CHANGES] The House will come to order. The gentleman is recognized for a point of personal privilege. [SPEAKER CHANGES] Thank you, Mr. Speaker. I’d like to just report to our members that our House basketball team met for the first time last night, had our first practice. We had I believe 10 members there and a good time was had by all. I did want to comment briefly on Representative Holloway’s comments last week about the coaching. I guess there are two stories that I could pass on and you can take your pick. One story is that Roy Williams, and Mike Krzyzewski and Mark Gottfried all really, really wanted the job and I was pretty much the consensus choice, the noncontroversial choice if you will and so I accepted in that regard. The second story is that they basically took pity on a guy with a bad back that was a want-to-be basketball player and let me coach the team. So, I’ll let you decide which one of those is true. But anyway, I would like to commend, we don’t have a date set yet, but hopefully when the time (audio skip) the people will come out and support it. I understand that Representative Howard will be getting together some cheerleaders for us and hopefully we’ll have some fans and we’ll promote this thing and have a good time. So, keep that in mind. Thank you very much. [SPEAKER CHANGES] Representative Holloway, the Chair understands that you did successfully sign your injury waiver before you were injured last night? Representative Blust, please state y our purpose. [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Judiciary A will meet tomorrow in the regular place, room 1227, at 10:00 AM. One bill on the calendar. I hope members will attend. Thank you. [SPEAKER CHANGES] Representative Lucas, please state your purpose. [SPEAKER CHANGES] To see if Representative Jones would yield for a question. [SPEAKER CHANGES] Representative Jones, does the gentleman yield? The gentleman yields. [SPEAKER CHANGES] Thank you Representative Jones. Since there seems to be a little bit of contention about which of the local coaches ought to coach our team and you have graciously consented, would you concede to the coach of North Carolina Central University who has an excellent record? [SPEAKER CHANGES] Absolutely. Absolutely. Thank you. [SPEAKER CHANGES] Further notices and announcements. [SPEAKER CHANGES] Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, subject to re-referral of bills and resolutions and committee appointments, I move that the House do now adjourn to reconvene on February…

February 13th, 2013 at 2:00 p.m. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative Michaux, that the House do now adjourn to reconvene on Wednesday, February 13th at 2:00 p.m. All in favor say aye, all opposed no. The ayes have it and the House stands adjourned.