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House | February 28, 2013 | Chamber | Session

Full MP3 Audio File

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seventeen. [SPEAKER CHANGES] Transportation. Ladies and gentlemen of the House, once again I think some teachers were actually finding their way to the chamber when I recognized them earlier, so now that I see some familiar faces in the chamber, once again I would like to extend the courtesies of the gallery to teachers of the year from across the state who came here today to spend time with us. Please stand and let us welcome you. Calendar. House bill 33, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 33, a bill to entitle an act to repeal the law prohibiting the setting of steel traps on certain rented or leased land in Cleveland, Polk, and Rutherford counties, General Assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Whitmeyer, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Members of the House, House bill 33 is a very straightforward local bill that affects Polk, Rutherford, and Cleveland counties, and its main objective is to allow these counties to be like all the other counties in the state when it comes to people being able to effectively use steel traps to manage an overabundant coyote population that is killing pets and livestock and threatening public safety, and also to allow people to be able to more effectively exercise their property rights when it comes to managing other species such as beaver that are overabundant. This bill is supported by the wildlife commission, the letter is on your desk showing support for this, and in simple terms, it seeks to repeal a 33 year old law that was written prior to coyotes even entering the state. It's a great example of regulatory reform, so with that I ask that you support the bill. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House committee substitute to House bill 33 on its second reading. All those in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, say "no"? [SPEAKER CHANGES] No. [SPEAKER CHANGES] The "aye"s appear to have it. The "aye"s do have it, the House committee substitute for House bill 33 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 the House committee substitute to House bill 33 on its third reading. All in favor say "aye"? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, say "no"? [SPEAKER CHANGES] No. [SPEAKER CHANGES] The "aye"s appear to have it. The "aye"s do have it. House committee substitute 33- the House committee substitute to House bill 33 has passed its third reading and will be sent to the Senate. And members, particularly the freshmen, you'll notice there was a voice vote on both of those bills. That was a local bill and voice votes are taken on those bills. House bill 56, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 56, a bill to entitle an act to establish a contract management section of the division of purchase and contracts, Department of Administration, to amend the laws requiring negotiation and review of certain state contracts to provide oversight and reporting of certain contracts, awards, and to provide for contract management in administration as recommended by the Joint legislation program oversight committee. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Howard, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker and members of the House. As the reading clerk indicated, this is a bill that came out of the program evaluation oversight committee, and it was based on the state auditor's report and also the joint committee hearings that were concerning contracting. The findings were that they quickly identified the lack of adequate legal review on proposed contracts for the state health plan and the office of state purchasing for office supplies. The hearings

Identified severe shortage of qualified contracting negotiators and administrators within state government. The bill tries several things and I will try to be as brief as I can. It requires attorney general or his or her designee or university general council or designee to review but not approve or disapprove of the merit or lot there of any proposed contract of supplies, materials, printing equipment and contractual services exceeding $1 million to determine if the proposed contract is in proper legal form contains all clauses required by law is legally enforceable and accomplished its intended purposes. Secondly it requires the attorney general or representative to sign any contract for services exceeding $5 million that requires the attorney general to advise or assist with negotiation pursuant to GS 143-49 3A. If the attorney general does not sign, the contract is not valid. Further it requires the attorney general in consultation with department of administration to establish guidelines for the review of sale proposed contracts. It requires the general council of University of North Carolina to establish procedures for review of proposed contracts and to comply with the procedures established by the attorney general. It requires all agencies and universities when considering contract exceeding $1 million to notify the secretary of the department of administration of the intent to enter in to a contract and to provide name and title of the attorney designated to conduct the required reviews. It requires the department of administration to adopt procedures for record keeping for all contracts under review pursuant to the bill and to keep a log naming the contracting attorney or university and the name and title of the attorney conducting the required legal review. Requires the secretary of department of administration to notify the attorney general of all pending contracts for contractual services exceeding $5 million and requires the attorney general to assign a representative to assist in those negotiations. It does not require the secretary to notify the attorney general in such contracts entered in to the by the universities unless requested the general counsel of the University of North Carolina. It authorizes the treasurer to request the secretary general to authorize the treasure to employee outside counsel for investment contract over $5 million. It requires department of administration to notify agencies of legal review required by agencies and otherwise exempt from state purchasing regulations. To address contract negotiations and administration deficiencies identified by the joint permanent evaluation committee and the state auditor requires the department of administration by January to implement International organization of standards two to create a contracting specialist career path for all state employees third to create a contract negotiation and management training and certification program for all state government employees. Four to work with the school of government on the study to determine the feasibility to adopt provisions by the American bar I association model procurement code. And lastly to establish procedures permitting state government in joining co-operative purchasing plans. With that Mr. Speaker I would stand to answer any question and I would ask for your support. [Speaker Changes] Rep Holley, Please state your purpose [Speaker Changes] to speak on the bill [Speaker Changes] The lady is recognized to debate on the bill [Speaker Changes] want to say that I have spent the last 25 years of my life working in the division of purchase and contract. Through this bill it tightens up something and it allows it be lot more efficient and relevant to the state of North Carolina and I support the bill. [Speaker Changes] Further discussion further debate. Rep Stam please state your purpose.

00:00 yeah a question for representative Howard. representative Howard does the lady yield. I do. the lady yields. representative Howard a question perhaps we could clarify later but at the bottom of page 2 top of page 3 in order to be valid any contract for services etc etc what would happen how would you interpret that if a contractor provided all the services million dollars worth of services and then submitted a bill does the state not pay them their million or do they get to go on quantum [??] for what's the effect if the attorney has not signed the contract. that contract is not valid according to this bill. well a second question. yes sir. the lady yields. if the contract's not valid and the contractor obtained some compensation in quantum [??] or are they just out of luck. well the experts around me all the attorneys say that's for the courts to decide. it's a job's bill representative Stam, further discussion further debate, if not the question before the house is the passage of the house committee substitute for house bill 56 on its second reading all those in favor vote aye all those opposed vote no the clerk will open the vote..all members wishing to record please do so this time including representative Brown the clerk will lock the machine and record the vote 112 having voted in the affirmative and non in the negative the house committee substitute for house bill 56 has passed its second reading and without objection will be read a third time. general assembly of North Carolina enacts. further discussion further debate representative Stam please state your purpose. speak on the bill. the gentleman's recognized to debate the bill. yeah it's a great bill I think that does need to be clarified but I don't have the language to do it so I'll just get with staff and see if they can come up with the right answer and deal with it in the senate. representative [??] please state your purpose, further discussion further debate if not the question before the house is the passage of the house committee substitute to house bill 56 on its third reading all those in favor will say aye. aye. all opposed say no..the ayes have it, the house committee substitute for house bill 56 has passed its third reading and will be sent to the senate house bill 61 the clerk will read. Mr speaker. representative Howard please state your purpose. motion subject to the calender please the lady's recognized for a motion. I request that house bill 61 be re-referred to appropriations. without objection so ordered, house bill 97 the clerk will read. committee substitute for house bill 97 a bill to be entitled enact authorize to the use of [??] funds to expand digital learning in public schools as recommended by the legislate research commission study committee on digital learning environment in public schools general assembly of North Carolina enact. representative Horn please state your purpose. discuss the bill. the gentleman's recognized to debate the bill. thank you Mr speaker ladies and gentlemen this is [??] in a series of bills to move our education system in North Carolina into the digital age as you know currently 40 percent of library funds are [??] marked for school construction not all schools systems not all counties are continuing the construction business but I want they maybe in fact paying off construction loans but what this bill does is give the county commissioners flexibility to use their construction money from lottery to purchase digital support materials I was trying to find a good word for that I think that works pretty well probably if I just read off the bill it would do just as well but this is not an appropriations bill it's not a prescription bill it's a bill for flexibility to the county commissioners so that they can work with the school systems and apply the money appropriately for digital education. Mr speaker. representative Wilkins please state your purpose. thank you sir would representative Horn yield for a question . 05:00

Representative Horn, does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you mister speaker and thank you representative Horn. I maybe reading this thing a bit wrong so I'm going to ask you to correct me if I get it wrong. I read it as the LEA is given the flexibility to use these funds but the funds go to commissioners. Am I getting it right, sir? [SPEAKER CHANGES] Well, yes and no. Don't you love those political answers. I get on both sides of the issues. The lottery monies for construction are really under the control of the county commissioners. And actually I believe I have an amendment to the bill that specifically explains that and it should be on your dashboard. [SPEAKER CHANGES] Does the gentleman wished to be recognized to send forth an amendment? [SPEAKER CHANGES] I do, sir. Yes. [SPEAKER CHANGES] Representative Horn is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Horn. House bill 97H 97AlE2 B4. Representative Horn moves to amend the bill on page 2, line 16. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you mister speaker. On page 2, line 16, I clarify who has control over those funds. And it now reads that through June 30th of 2016, the county commissioners may use monies from this fund to pay for digital learning needs. Those monies are under the control of the county commissioner. I did get confused a little bit in my presentation- boy I hate using that word, I really hate using that word- nevertheless, I think that clarifies the process. It also, by the way, this bill sets some performance requirements. It doesn't just say here is the money, have a good time, go out and buy a bunch of IPads. You've got to make some progress to utilize this money for it to be- there's accountability in there. I do point out that there is a recommendation from the digital learning environment committee that was part of the LRC and was- got excellent support in committee. [SPEAKER CHANGES] ?? The gentleman had the light on for the bill. Do you intend to speak on the bill or the amendment? Further discussion, further debate on the amendment? If not- Representative Glazier, please state your purpose. [SPEAKER CHANGES] To speak on the amendment or ask representative Horn a question. [SPEAKER CHANGES] Representative Horn, does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you very much mister speaker. Thank you, representative. I'm just looking at the amendment. I just want to make sure, and I'm totally on board as you know on the bill, and I understand and agree with the amendment. You're amending lines 16 where the word county appears to say county commissioners. Do you also, for any reason, have to amend line 22 where the same term appears? Or is there reason to have different language? [SPEAKER CHANGES] There is probably no reason to have different language. [SPEAKER CHANGES] Well I wonder if we could fix that on third and deal with it that way or over in the senate. [SPEAKER CHANGES] The chair would suggest that perhaps we displace the bill for this time and possibly send forth a perfecting amendment so that we can dispose of it today if that's the will of the body. [SPEAKER CHANGES] Perfect. [SPEAKER CHANGES] The bill will be displace. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] And the amendment. House bill 105. The clerk will read. [SPEAKER CHANGES] House bill 105. A bill to be entitled. An act to expand the newborn screening program established by the department of health and human services to include newborn screen for congenital heart disease utilizing pulse oximetry as recommended by North Carolina fatality task force. General assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Fulghum, please state your purpose. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] This is a bill brought forward by the child fatality task force. It is a fact that about 125,000 children born each year in North Carolina, about one percent of these children have congenital heart defect that may result in death in the first year of life. About 250 of those each year have a defect so severe it might result in death in the first weeks or months of life. Pulse oximetry is a technology that has been around for the last several years that is simple, inexpensive, easy to do, while the child is still in the birthing center or hospital shortly after birth that let people know if this child has a low oxygen level that indicates something really bad is going on. We find that the- nationwide these children who have these findings can get attention right away

in many cases involving heart surgery. The procedure is recommended in most large hospitals and done in most of the large hospitals now. We feel this bill is required to get all the hospitals to do it. All the birthing centers. Again, it's inexpensive, does not have a physical impact on the State and it's now regarded as a standard of care. I recommend it to you. [SPEAKER CHANGES} Representative Cunningham, please state your purpose. [SPEAKER CHANGES} To speak in support of the bill Mr. Speaker. [SPEAKER CHANGES} The lady is recognized to debate the bill. [SPEAKER CHANGES} As a health care provider I support the bill. As most of you probably do not know in the first days of an infant's life if they are in trouble medically it is detected through respiratory and pulse oximetry measures the oxygen level in the blood of the infant. It is very easy to do. You can put a piece of tape across the head and it measures it. So yes it is a good bill and I support the bill and it should be everywhere across the State. Thank you. [SPEAKER CHANGES} Further discussion, further debate. [SPEAKER CHANGES} Representative Fulghum, did the gentleman have additional comments? I thought you'd concluded your comments. I apologize for interrupting. [SPEAKER CHANGES} No, thank you. [SPEAKER CHANGES} Representative Murry, please state your purpose. [SPEAKER CHANGES} To send forth an amendment. [SPEAKER CHANGES} The gentleman is recognized to send forth an amendment. The Clerk will read. [SPEAKER CHANGES} Representative Murray moves to amend the bill on page 1, lines 5 and 6, by deleting the lines and substituting. [SPEAKER CHANGES} The gentleman is recognized to debate the amendment. [SPEAKER CHANGES} Thank you Mr. Speaker. This amendment just seeks to add the potential that new technology might develop for pulse oximetry screening or additional screenings for congenital heart defects that are FDA-approved and are conducted in a manner that are generally accepted to the scientific community. And so this is a just in case amendment, new technology gets developed to screen infants for congenital heart beat failure. I ask you to support the amendment. [SPEAKER CHANGES} ??, please state your purpose. [SPEAKER CHANGES} To speak to the amendment. [SPEAKER CHANGES} The gentleman is recognized to debate the amendment. [SPEAKER CHANGES} I think this is a good amendment and I support it. [SPEAKER CHANGES} Further discussion, further debate on the amendment. Representative Avila, please state your purpose. [SPEAKER CHANGES} I'd like to ask Representative Murry a question please. [SPEAKER CHANGES} Does the gentleman yield? [SPEAKER CHANGES} Yes sir. [SPEAKER CHANGES} The gentleman yields. [SPEAKER CHANGES} Thank you Mr. Speaker. Representative Murry, I have an issue that I'm not sure about because I know in discussion with people currently the pulse oximetry is fairly inexpensive. Do we face the issue with some of these newer technologies when they come out being cost prohibitive and maybe moving in a direction that we're maybe not wanting to go? [SPEAKER CHANGES} Yes and I believe if there is a more cost effective, if pulse oximetry remains cost effective, then I think that would be the standard but at the same time I think we do need to realize that the potential of new development at even a lower cost could occur as well. So this is what I call a get out of jail free card just in case new technology develops we will have the ability to use it instead of being restricted to just pulse oximetry. [SPEAKER CHANGES} Further discussion, further debate on the amendment. If not the question before the House is the amendment sent forth by Representative Murry for the House Bill 105. All those in favor will vote aye, all opposed will vote no. The Clerk will open the vote. All members wishing to record please do so at this time. Representative Graham. The Clerk will lock the machine and record the vote. 111 having voted in the affirmative and 1 in the negative, the amendment passes. We're now back on the bill. Further discussion, further debate. Representative Millis, please state your purpose. [SPEAKER CHANGES} Question for the bill sponsor. [SPEAKER CHANGES} Representative Fulghum, does the gentleman yield? [SPEAKER CHANGES} Yes I do. [SPEAKER CHANGES} The gentleman yields. [SPEAKER CHANGES} Representative Fulghum, it is understood that there is not a physical net associated with this because there's no cost to the State but the question is is there any cost with regard to the hospitals associated with this or is this something that is a common practice that is commonly, in these hospitals, is this one of those things where we're basically making the recommendation that this be a test that's required? [SPEAKER CHANGES} Yes. To answer the question, the existing technology is existing frankly in every hospital in the State and in every birthing center in the State. Pulse oximetry, every time you go in and have any procedure done

on an adult or a child, is something that's pretty routine. To translate this into doing it onto a newborn is just a matter of developing a couple of straps and leads to put on the baby's right hand and the right foot, and so the technology exists. To implement this new standard would be virtually no new equipment required. [SPEAKER CHANGES] Rep. Stam, please state your purpose. [SPEAKER CHANGES] To speak on the bill and to answer the last question. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] I served on the Child Fatality Task Force with Representatives Horn and Murry, learned that the actual cost is about $5, and obviously eventually the patient pays that in one way or another. But it's about $5. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House bill 105 as amended on its second reading. All in favor vote "aye", all opposed vote "no", the clerk will open the vote. We'll all be waiting while Rep. Daughtry returns to his seat. The clerk will lock the machine and record the vote. 112 having voted in the affirmative and none in the negative, House bill 105 as amended has passed on its second reading and will remain on the calendar. Ladies and gentlemen of the House, the chair is happy to extend the courtesies of the gallery to a group of elementary students from Oakboro Elementary in Stanley county, please stand and let us welcome you. House bill 114, the clerk will read. [SPEAKER CHANGES] Committee substitute for House bill 114, a bill to entitle an act to no longer require that a complaint or judgement for absolute divorce contain the social security number of a party, General assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Stevens, please state your purpose. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. Ladies and gentlemen of the House, this may be the kiss of death, but I will tell you this is an absolutely simple bill. Current law requires that any time you file for an absolute divorce, you're supposed to list both the husband and wife's social security number on the face of the document. Problem is, those are public record and it's leading to some identity theft and identity fraud. We have an alternative to start tracking parents for purposes of obtaining and finding out where a deadbeat spouse is. And those records are kept confidential. This simply removes the obligation from attorneys to put that on the face of your divorce judgement which is public record. I ask for your support. It's effective immediately upon becoming law. [SPEAKER CHANGES] Rep. Deborah Ross, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] I just wanted to encourage people to vote for this bill, it's a terrific bill. Some of my judges came to me and asked me to sponsor it and I was thrilled that Rep. Stevens beat me to the punch, and so it's a great bill. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of the House committee substitute to House bill 114 on its second reading. All those in favor vote "Aye", all those opposed vote "no", the clerk will open the vote. All members wishing to record. The clerk will lock the machine and record the vote. 112 having voted in the affirmative and none in the negative, the House committee substitute to House bill 114 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 the House committee substitute to House bill 114 on its third reading. All in favor say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no". The "aye"s have it. The House committee substitute for House bill 114 has passed its third reading and will be sent to the Senate. House bill 119, the clerk will read. [SPEAKER CHANGES] House bill 119, a bill to entitle an act authorizing utilities commission to dock, implement, modify, or eliminate a rate adjustment mechanism for natural gas local distribution company rates, General Assembly of North Carolina enacts. [SPEAKER CHANGES] Rep. Hager, please state your purpose. [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. This bill has passed unanimously in public utilities, has been looked over and okayed by the public staff in utilities commission, and basically in a nutshell it allows, it says the utilities commission may actually adopt a rate mechanism for an interim rate increase if the federal pipeline safety administration incurs cost to the public utility or the gas companies.

for a two am a ms high of 99; the helms amendment ?? who has important 118 Acton current treatment house bill one ici hasn't been without the action will be rather, john; one in the discussion credit ?? not a question for the house passage of the one I'd seen as a real dir CEO while president sun house bill one of the time the reading will be sent to the South Pole another part only ?? house bill 139 until the final act about the uniform and ½ the speed is stationed at Johnson of North Carolina and I'll personally for PlayStation purpose to be slammed into the list because there has made no major hash out of this year there's a sense of sure, some elements of slots buyers and investors and see that time were always have the company has recommendations North Carolina bar association and the wall and others offer recommendations from North Carolina the level of methanol counsel of the past to the time to that issue receiving and displayed as for unexplained of the best of his time entry of one missions in about 290 here that suggests uniform while practices throughout this misstates the season to go at the recommended by the uniform commission actually witnessed several North Carolina lawyers of times, supported by the Dept of Defense in the military is more military, the keeping of the decedent I missed a man who has a channel section of those in changing was awarded a contract with 211 level of Federal Land in full of zest: since it simply provides advanced to the point in time of service members about 20 error increases communications with five of the service members are in the father of one of the cavalry that it creates unofficial hesitation, possibility I'm a great source of decrees, as a service member of a service member of the change of address 120 area so they are to correspond is neither an advantage for the coordination procedures for separate trials and tribulations of repressed yours occurs otherwise it's consistent changes we are in a North Carolina have a recognition of the bill to Univision and was working on his company, first off from the city's mix of weeks pass in some other states for office and residence PlayStation purpose Scorpio down times to no one's parents are two ways, it's going swimming ration of this bill Evans. One was dollars in two dollars and riled into a cone: one is replaced processing president ??,(SPEAKER CHANGES) questioned why the house's passage of house bill 139 is a real fight with the whole President Clinton ?? who was imported riled 101 Agenda Mt house: 39 as presently without objection will be renters of his adult audiences as the president has passed I'm wondering, is a real as bigger say not all residents as a house: because passes the real besides assignments and built at a time of set up 10 ?? to the products have to win reelection in fish and sea at 2013 Johnson Alvarado, ?? …………

Representative Catlin, please state your purpose. [SPEAKER CHANGES] Send forth an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Catlin moves to amend the bill on page 4, line 23, by rewriting the line to read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr... [SPEAKER CHANGES] Mr. Speaker, Mr. Speaker? [SPEAKER CHANGES] Representative Glazier, please state your purpose. [SPEAKER CHANGES] To task a question of the Chair, please? [SPEAKER CHANGES] The gentleman may state his inquiry. [SPEAKER CHANGES] Thank you. My question is, before we get into the amendments, could someone explain the bill so we could be the amendment in context? [SPEAKER CHANGES] The Chair will yield to Representative Murry. Representative Murry came to the dais and said he would entertain the amendments first, but with that request, if the gentleman will be at ease. Representative Murry is recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. [SPEAKER CHANGES] I just wanted to get some of the amendments out of the way because they are technical in nature, but I will gladly go through the bill so Representative Catlin, we can just displace the amendment. [SPEAKER CHANGES] The amendment will be displaced. [SPEAKER CHANGES] I'll just get in it. This is a Senate bill. I am a House member. The bill has four sections. The first section addresses boards to be eliminated at the recommendation of the Administrative Procedures Oversight Committee that met in the interim between short session and today and the beginning of the long session. These boards and commissions either had not met for many years or had their funding eliminated. When we tried to contact them through the Administrative Procedures Oversight, no one responded. So if a commission falls in a forest, does it make a sound? Part 2 of the legislation is the meat of the bill. So I will skip it and go to part 3 and come back to part 2. Part 3 of the legislation addresses additional recommendations that were made by the Administrative Procedures Oversight Committee, including a requirement that occupational license or boards consider certain factors before denying licenses to individuals with criminal records and it also authorizes the program evaluation division to consider the feasibility of consolidation of some of the occupational licensing boards. Part 4 includes the effective date. So, going into the second section of the bill, there are various reorganizations of certain boards and commissions, including the Coastal Resource Commission, the Coastal Resources Advisory Council, the Environmental Management Commission, the Industrial Commission, the Utilities Commission, the Wildlife Resources Commission, Turnpike Authority and the State Board of Elections, State Board of Education, State Lottery Commission, and the Charter School Advisory Committee, the Board of Transportation, the Post Release Supervision and Parole Commission, the Mining and Energy Commission, the Office of Administrative Hearings, State Personnel Commission, and the Criminal Justice Education and Training Commission. The amount of conversation that I had about this legislation with various stakeholders centers around the Coastal Resources Commission, so I'll focus on the differences between the House version and the Senate version with regard to the CRC. It sets the membership at 13 with 9 appointed by the Governor and 4 appointed by the General Assembly. The House version also restores conflicts of interest provisions and adds clarifying language to require all members of the CRC to have the same ethics requirements as the members of the General Assembly. We also require that all members be residents of North Carolina and reside or own real property in the coastal area and that four of the current members or the current members on the CRC will continue to serve until June 30th of 2014 to help preserve institutional knowledge. The CRAC, the Coastal Resources Advisory Council, is changed from the Senate version, it requires all members to be residents of North Carolina and reside or own real property in the coastal area. The Environmental Management Commission sets the membership at 15, 9 appointed by the Governor and 6 appointed by the General Assembly. Additionally, it has the same ethics requirements and conflicts of interest provision similar to the CRC. It also retains...

it means four members currently serving under certain specified positions will continue to serve until June 30, 2015. The Industrial Commission I'm going to ask, at the conclusion of my remarks, I'm going to ask Representative Daughtry to describe an amendment that he offered in Rules today to address the provisions in the Industrial Commission so you'll understand the provisions of the Industrial Commission. Similarly I'm going to ask Representative Starnes at the conclusion of my remarks to describe his amendment with regards to the Utilities Commission and the changes that occurred in Rules. The Wildlife Resources Commission, the House version restores the number of General Assembly appointments to 8 and the Governor's appointments to 5. The Turnpike Authority, the State Board of Elections, the State Board of Education, the State Lottery Commission, there were no changes between the House bill and the Senate bill. I could go into the Senate Bill if you would like but there are no changes from what passed the Senate in those. The House version abolishes the Charter School Advisory Council which was established by the State Board of Education policy. It was not a statutory commission. It was established by the State DPI or the State Board of Education by policy. The Board of Transportation combines, basically combines, actually expands the Board from 19 to 21 by adding two at-large appointments by the General Assembly for a period of two terms. That pretty much is the differences in those sections. We did add, the House version does add a post-release supervision Parole Commission, Mining and Energy Commission, the only change in the House version is it allows members to hold office concurrently with other elected or appointed office. That's the sum total of the changes in the Mining and Energy Commission. The OAH, we went back and forth and we added this in the House. It now continues to be that all ALJ's will have a term of four years. That's a change and will be exempt from State Personnel Act. Current ALJ's are subject to the State Personnel Act and the administrative ?? can continue to be appointed by the Chief Administrative Law judge and the Chief ALJ is appointed by the Chief Justice of the Supreme Court. We restructured the State Personnel Commission to allow the General Assembly to appoint four members and the Governor to appoint five. Previously the Governor appointed seven and the General Assembly appointed two and it also had staggered terms for the State Personnel Commission and then the Criminal Justice Education and Training Standards Commission modifies appointments to include individuals selected by the Sheriffs Association and to remove an appointment by the Law Enforcement Officers Association. That's the sum total of the bill. I'm sure you're all excited and I'm going to ask now Representative Daughtry and Representative Starnes to address the Industrial Commission and Utilities Commission respectively and the changes that were made in Rules today. [SPEAKER CHANGES] Representative Daughtry please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker. To explain part of Senate Bill 10. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Let me also start by saying I'm a member of the House as well. As it relates to the Industrial Commission it adds a requirement that all licensed attorneys are eligible for membership on the Industrial Commission and at least two members must be Board certified worker's compensation lawyers. It allows current members with terms expiring this year and next year to complete their terms. The terms of current members with terms expiring in 2015 through 2018 will be accelerated by two years. All current member terms will expire by 2016. As current terms expire all future terms will be four years. Happy to answer any questions. [SPEAKER CHANGES] Representative Starnes please state your purpose. [SPEAKER CHANGES] To explain the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. Ladies and gentlemen of the House, we did make some good changes to the amendment Representative Hager had adopted in the Commerce Committee yesterday regarding the Utilities Commission. It was felt by a number of us that it was not wise to tinker with the Utilities Commission while some of these rate cases were being deliberated

And debated. So the changes in the membership will not take effect until 2015. At that time there will be four members who will be up for appointment. There are two members who have their term to expire in 2017, these two will be shortened by two years and then will disappear. So basically, we will take the Utilities Commission from seven members down to five members which is the way the Utilities Commission was structured prior to 1975 when it was expanded at that time. We’ve also increased the pool of people who’ll be eligible to serve on the Utilities Commission by allowing more people with a broader base of experience to serve. Now they can have utility law and regulation experience, economic, finance, accounting, business administration, engineering and renewable energy. So we’re, we’re increasing the pool of people who are eligible to be appointed to the Utilities Commission. The big thing is no change will take place in the membership until 2015 next year. [SPEAKER CHANGES] Those appointments that the Governor [SPEAKER CHANGES] Representative Luebke, please sate your purpose. [SPEAKER CHANGES] I wonder if Representative Starnes will review for questions. [SPEAKER CHANGES] Gentlemen Younts [SPEAKER CHANGES] Aye Younts [SPEAKER CHANGES] Gentlemen Younts [SPEAKER CHANGES] Representative Starnes, did I hear you list consumer advocate among the criteria for people who could serve on Utilities Commission? [SPEAKER CHANGES] I really don’t think so. [SPEAKER CHANGES] Or follow up? [SPEAKER CHANGES] Gentlemen Younts, gentlemen Younts. [SPEAKER CHANGES] I think consumer advocate, somebody representing the nine million consumers of this state would be a good person to have on the Utilities Commission as an eligible person. [SPEAKER CHANGES] I don’t disagree with that except for the people, the seven categories that are listed. They would also be considered consumers as well. [SPEAKER CHANGES] ?? [SPEAKER CHANGES] Gentlemen Younts. [SPEAKER CHANGES] What? I don’t have a right here but the people you mentioned didn’t seem to me to be people representing consumers. They seemed to be very specialized business interests or professional interests. And utility law, economics, finance, accounting, business administration and engineering [SPEAKER CHANGES] Mr Speaker [SPEAKER CHANGES] Renewable energy. Do you see anyone there? [SPEAKER CHANGES] The gentleman will yield. Representative Samuelson, please state your purpose. [SPEAKER CHANGES] May I ask the question of the Bill sponsor? [SPEAKER CHANGES] The, the, Representative Luebke has the floor. This time the lady would be able to ask the question of the Bill sponsor, the conclusion of his question. [SPEAKER CHANGES] May I ask the question of Representative Luebke? [SPEAKER CHANGES] Does Representative Luebke yield? [SPEAKER CHANGES] Could I finish my exchange with?? [SPEAKER CHANGES] The gentleman does not yield. The gentleman may ask the question. [SPEAKER CHANGES] Thank you. Well, I just read off but everybody can see it too, we have lines 25 to 31; utility law, economics, finance, accounting, business administration, engineering and renewable energy. None of those persons really, necessarily has anything to do with consumer interests. And my concern with consumer interest is that they would represent the public in trying to keep the rates down. And you and I are friends for a long time and I know we agree on one end to keep the rates down on consumers. So I’m just wondering whether we should think about a third reading, adding category number eight, consumer advocate. [SPEAKER CHANGES] Representative Luebke, every member has the ability to offer an amendment. So they need to be judged on some merits. [SPEAKER CHANGES] Ladies and gentlemen of the House, the Chair would remind the members that at the request of a member of this body, members were asked to explain the Bill, the Chair insisted debate, it’s a lengthy debate on this Bill and therefore the Chair would not want to lose sight of the fact that the purpose for moving to this versus the amendment was to provide the base one for subsequent debate. I would ask Representative Luebke to keep that in mind and the context of the question. Representative Luebke, this gentleman [SPEAKER CHANGES] One more, one more, one follow up. [SPEAKER CHANGES] The gentleman Younts. [SPEAKER CHANGES] In urging me to run the amendment on third reading, would you be supporting me on that amendment Representative Starnes? [SPEAKER CHANGES] Representative Luebke, my heart will be with you. I’m not sure where my finger will be. [SPEAKER CHANGES] Mr Speaker. Thank you for your candor, Representative Starnes. Mr Speaker [SPEAKER CHANGES] Representative Dollar, put the House to come to order. Representative Dollar, please state your purpose. [SPEAKER CHANGES] To, to see if Representative Starnes, would yield for a question? [SPEAKER CHANGES] Representative Starnes, does gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative Starnes, isn’t it a fact that there’s no designated consumer advocate on there currently? And that, more importantly, isn’t it a fact that we actually have a public staff, I think it’s close to a hundred people, on the public staff whose job it is to look out for the consumer

members of North Carolina, and it is actually their recommendations. In fact, the current rate case before the commission, they've just been provided with the recommendations of the public staff which reduced the initial request. Is that not correct? [SPEAKER CHANGES]You are correct. And ultimately, members are appointed by the Governor, and the Governor is responsible not only to the people he appoints to the Utility Commission, but he is accountable to the voters of North Carolina. And if the Governor appoints people that allow the utility rates to escalate and become unaffordable, then somebody's going to pay at the ballot box, so I think the consumer is going to be represented. [SPEAKER CHANGES]Does the gentleman wish to cover any other comments in explaining the bill before we move, too. Ladies and gentlemen, the amendment was temporarily displaced, sent forth by Representative Catlin at this time, we will bring the amendment back up. It's all ready been read by the clerk. Representative Catlin is recognized to debate the amendment. [SPEAKER CHANGES]Thank you Mr. Speaker. As an environmental engineer, I tend to always take a look at my plans, all the way up to the last second before I put my stamp on it, and then it's a done deal. This particular amendment is in regard to the 4 positions that are staying on the Coastal Resource Commission, and the Environmental Management Commission. It's basically a simple technical change to add expertise to one of the 4 members of the Coastal Management Commission, and one of the 4 members on the remaining on the Environmental Management Commission. So, it's specifically on the Coastal Resource Commission, the amendment adds a position with coastal forestry knowledge, and on the Environmental Management Commission, this amendment adds a position with knowledge of industrial air and water pollution control, and I ask you to please support this amendment. [SPEAKER CHANGES]Further discussion, further debate on the amendment. Representative Murry, please state your purpose. [SPEAKER CHANGES]I would as members to please support the amendment. [SPEAKER CHANGES]Further discussion, further debate on the amendment. If not, the question before the House is the amendment sent for by Representative Catlin to the House Committee Substitute No. 2 for Senate Bill 10. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 111 having voted in the affirmative, and 1 in the negative, the amendment passes. Representative Steinburg, please state your purpose. [SPEAKER CHANGES]Might resound in the state. [SPEAKER CHANGES]Representative Harrison, please state your purpose. [SPEAKER CHANGES]To send forth an amendment. [SPEAKER CHANGES]The lady is recognized to send forth an amendment, the clerk will read. [SPEAKER CHANGES]Representative Harrison moves to amend the bill on page 3, line 20 through page 20, line 9. [SPEAKER CHANGES]The lady is recognized to debate the amendment. [SPEAKER CHANGES]Thank you Mr. Speaker. Ladies and Gentlemen of the House, my amendment strikes part 2 in its entirety from the bill, and as Representative Murry pointed out, the first section is eliminating a lot of ops. leak commissions, and that makes sense, and the others relating to the licensing boards, so that makes sense. But part 2 is the most controversial part of this bill, and I 'd like to explain why. I'd also like to give a lot of credit to Representative Murray, and Daughtry, and Starnes, and Catlin for the amendments that improve this bill, because this is a much better bill that came to us from the Senate, but I think it's still problematic that we're eliminating 160 seats in the this bill, and 97 of which are sitting on the environmentally oriented commissions. And I think it's, you'll hear a lot more about this, but I just think it's an unfortunate step we're taking. We're going to lose a lot of expertise on these commissions, there's a lot of institutional memory. I sat on the Coastal Resource Commission for 7 years, it took me a long time before I came up to speed on coastal management issues, and understood the law, and the science, and I think we'll lose a lot of that with this move. So I think that also, specifically, we're targeting a couple of the public health magnet seats on the Coastal Resource Commission and the Environmental Management Commission, those with specific knowledge of air pollution and ecology of both those commissions, and those are really crucial positions. So I think that some of these commissions need review and reconsideration of the membership. We ought to do it individually. We've never, in this state, taken such a drastic move to wipe out the memberships of so many commissions in one piece of legislation. So I would urge you to support this amendment which eliminates

?? part 2 and allow us to be a little more deliberative and thoughtful about these Commissions that are overseeing the natural resources and public health of our citizens and the state. I urge your suppot. [SPEAKER CHANGES] Representative Murry, please state your purpose. [SPEAKER CHANGES] Speak to the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] I would ask that you oppose the amendment for the following reasons. If you are satisfied with the operation of these Commission and Boards then you should support the amendment. But if you think that some of these boards can be reduced and can be improved, and that government efficiency can be improved in these boards of commission than I ask that you vote no. [SPEAKER CHANGES] Representative Larry Hall, please state your purpose. [SPEAKER CHANGES] Speak on the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker and this amendment provide an opportunity at least for us to go back and look at this again on an individual basis. One of the things we’re failing to consider here are all the different citizens who are affected statewide by these Boards and Commissions and their ??. And for us to not get some response from those folks who are most affected by these Boards and Commissions, may be some good ideas about how we can improve those boards and commissions ,even their missions and rush through this reorganization as we’re doing now. I think it does a disservice to the people who are intended to be benefited from these Boards of Commissions. So if that is what we want to do, to improve the efficiency of them, or the effectiveness, I think we also have an obligation to ask these North Carolinians who are affected by them and work under their guidance. Is this the best way to go? We don’t have to feel like we have the answer to everything ourselves and then push that vision down on the people of North Carolina. We can take some time and let them respond and give us some recommendations and some help. After all, they live and work and make their livings based on these Boards and Commissions how effective and responsive they are. I’d ask you support the amendment and give an opportunity for us to go back and this body will have that in subsequent legislation to make some changes that reflect the will of the people of North Carolina, not just our will but the will of the people who are affected by it. [SPEAKER CHANGES] Representative Dollar, please state your purpose. [SPEAKER CHANGES] Speak on the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker, Members of the House. This is what you would call particularly in Congress, a test vote. And I want you to vote no the amendment. I certainly agree with Representative Murry. But now is the time, now is the time for this legislation. You only really get to do this sort of thing at the beginning of a new administration. And you have to do it now because appointments are beginning to come up on a lot of these Boards and Commissions. So if we’re going to make changes and reforms, now is the time to do it. And we’re elected to lead, Representative Hall, and I appreciate your comment, but the bill has certainly been out there over 3 weeks. The bill’s been out there for at least 3 weeks and been discussed more than that. There’s been a lot of conversation about it, people have commented. And I would say that here in the House those comments and observations have been taken into account and changes and adjustments have been made in the bill that is before us today. And I would make one other point, I mean I really think it’s amazing. This is a reformed piece of legislation. When have you seen the General Assembly take a significant group of Boards and actually reduce the size of government? And reduce the number of basically patronage positions. And as many of you know,a lot of the folks if you look them up, good folks, but if you look them up, their main qualification may well have been contributions or participation in a prior Governor’s election. Well, this bill adds qualifications to the process, [SPEAKER CHANGES] Mr. Speaker [SPEAKER CHANGES] It cuts down the need for a number of positions [SPEAKER CHANGES] The gentleman will yield, Representative. [SPEAKER CHANGES] In these boards. [SPEAKER CHANGES] The gentleman will yield. Representative Carney, please state your purpose. [SPEAKER CHANGES] May I ask a question of Speaker, Representative? [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I yield.   [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] I think this is the first time in my ten years I’ve ever risen to ask a question. But I want to clarify something. You said this an opportunity, did you say this is an opportunity to reduce the size of government with these Commissions? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Follow up question, Mr. Speaker. [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Gentleman yields. [SPEAKER CHANGES] I guess that the people that the question, let me rephrase that. Are these appointment positions to these Commissions or are they.

Hire. [SPEAKER CHANGES] These are appointed positions and some of them serve full time roles. [SPEAKER CHANGES] Well [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] I guess what I'm trying to get is an understanding when you say this is reducing the size of government. My opinion of appointed positions of citizens is being active in their government and not government expansion. I believe the oversight from the citizens being appointed to the positions is by no means increasing the size of government. I think it's ?? [SPEAKER CHANGES] Gentleman has the floor. [SPEAKER CHANGES] Thank you Mr. Speaker. This is a good bill, it's a very needed bill, it's a very time sensitive bill so that the governor of this state can move forward in the process of getting people into these forcing commissions and moving forward. I recommend you vote no on the amendment. [SPEAKER CHANGES] Representative Ensco, please state you repurpose. [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] The gentleman, or the lady is recognized to =debate the amendment. [SPEAKER CHANGES] Thank you Mr. Speaker. I have a little trouble voting for a bill that was rushed through too fast, that's too broad, where people haven't had the time to consider the complexities of the boards that are involved or the contribution and the issues that are solved and resolved through these boards. Just because it's the right time to do it. I think that we have an obligation as elected officials to be thoughtful and thorough when we make these kinds of big changes that are going to affect the lives of people. We have a responsibility to do it in a more candid…if you want to do it this fast you need to spend more time… [SPEAKER CHANGES] Representative Ensco, the lady's been recognized to speak on the amendment. Representative Ross please state your purpose. [SPEAKER CHANGES] To speak on the amendment. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Thank you very much Mr. Speaker. Just to be clear this so-called reduction or reform that Representative Dollar is talking about is to eliminate people who care about the environment. People who care about the consumer, people who care about the citizen, and that , to me, isn't a reform, that, to me, is handing government over to special interests. And that is wrong. For no other reason you should vote for Pricey Harrison's amendment. [SPEAKER CHANGES] Representative Samuelson, please state your purpose. [SPEAKER CHANGES] To speak on the bill, on the amendment. [SPEAKER CHANGES] On the amendment. The lady is recognized to debate the amendment. [SPEAKER CHANGES] Just wanted to remind everybody that all these people are consumers. All of these people are citizens of this state, so while they may also have additional expertise, they also have the more general expertise that every member of this body has as well as every member of this state. Thank you. [SPEAKER CHANGES] Representative Catlan, please state your purpose. [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Just like to point out, or respond to the comment that we've rushed through this and make it through broad. This amendment is through broad. If we were to pass this amendment we would remove the reassertion of the conflict of interest requirement that we put in this bill which allows us as a state to continue to administer federal regulations such as the clean air act or the clean water act so I urge you not to vote for this amendment. [SPEAKER CHANGES] Further discussion further debate on the amendment. If not the question before the house is the passage of the amendment sent forth by Representative Harrison to the House Committee Substitute number two for Senate Bill 10. All in favor vote aye, all opposed no, the clerk will open the vote. The clerk will lock the machine and record the vote. 35 having voted affirmative and 76 in the negative the amendment fails, we are now back on the bill, further discussion further debate? Representative Glazier please state your purpose. [SPEAKER CHANGES] To debate the bill Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you very much Mr. Speaker, and I open my comments by also expressing deep appreciation to the house, house leadership, and the representatives on the other side of aisle who, through the Committee process has substantially worked on this bill and made a number of improvements. But some bill -

are fundamentally defective at inception, and foundationally bad policy and bad precedent. And a slippery slope does not begin to describe the terrain this bill puts us on in terms of governing this State in the future. For several very basic reasons, I'm going to vote no one this bill in recognizing where it came from and despite the improvements made here. First, what I think this bill does as it came over from the Senate, and even in its current amended form, diminishes and makes much less certain the ability to get quality appointments to many boards and commissions. Well, why would anyone want to serve when we have now created a precedent, that opens forever based on their decisions, in good faith in many cases, in most cases applying the law as we've set it out, but we have made their decisions so open that we can simply, in an arbitrary and capricious way as a 120 body, or 170 body Caesar, end their jobs and their appointments with no ability for them to rely on the fact of what their time table was, and what their authority is. I find that to be difficult, as we've already made the environment to obtain quality people to serve on these boards and commissions, this makes it 10 times more difficult. Second, I think it is extremely important for business and industry that we talk about, on both sides of the isle in this State, an to which I know every member of this house is committed, the one thing they need out of administrative process, regardless of good decisions or bad, is predictability and stability. What this precedent does, no matter what else it may do, is it imposes a whole atmosphere of inconsistency, and instability, and unpredictability. And I think that is the worse possible message we can sent in governance. There are reforms that are needed, but let's not couch this bill as a reform bill, because that's not how it originated, and that's not its real purpose. It is the purpose of many here to do that, and there are parts of the bill, including the 1st section and 3rd section that I think achieves some of that. But there is very little in the 2nd section that is reform as such. In addition, we can look at each provision in the 2nd session on their merits, independently. To defeat this bill is not to defeat a reorganization of the Coastal Resources Management Commission, Environmental Management Commission, or any of the others listed. It is to understand how important each of those are, to take those through the subject matter committees that deal with them, and then to make the changes, even in a month if we choose to, to give the Governor that capacity. The administrative agencies in process of this State were not designed to simply follow through in whiplash fashion, every 2 Novembers, when we elect a new House, a new Senate, a new Governor every 4 years. They are, in fact, designed to be a buffer against that. The buffer against the whiplash of one way or another, to recognize that the administrative process of the State must be incremental, moving as the elections take us slowly, but not creating the instability and unpredictability that this bill, in its origin, makes clear. The Senate bill as it came over here was nothing more than a gratuitous political exercise, in part, patently unconstitutional, and it really hurts the credibility of the agencies involved, their future appointees, and this State. And despite what I think are really good amendments that are made over here, this is precisely what Senator Murray opened by saying a Senate bill that does great harm to the State in its inception, it is bad policy, it is bad precedent, and as House members, we ought not support that, so I will be voting against this bill. Thank you. [SPEAKER CHANGES]Representative Hamilton, please state your purpose. [SPEAKER CHANGES]To send forward an amendment. [SPEAKER CHANGES]The lady is recognized to sent forth an amendment, the clerk will read. [SPEAKER CHANGES]Representative Hamilton moves to amend the bill on page 13, lines 42 and 43, by inserting between the lines. [SPEAKER CHANGES]The lady is recognized to debate the amendment. [SPEAKER CHANGES]Thank you very much. This is a very simple amendment. It does 2 things. First it reduces the salaries for the members of the utility commission to $89,700 a year for regular members, excuse me, for the Chair, and $80,600 a year for each member, and all new members appointed after July 1, 2013 would no longer have the benefit of having participating in the State employees Retirement Plan.

care center of the Texans always known as a rejection process of putting a human a point where Mr. ?? person or a PlayStation purpose of the event, the best horses salaries for members of the commission shall not exceed $25,000 for downtime is not one error in its last the fed up with a director questions as one for the moment will accomplish a river of its highest level in more U.N. has been a style ?? house decided a study of a small part of the entertainment is a passport is apparently not imminent silence 18 and what about his son's house these was speeded up ?? person slight hassle, water misty-eyed PlayStation purpose local time this because right now the piracy with the state isn't worried the status of the comments from all the time that would be sent a very unique event, and it will probably determine the extent we take the Iraqis probably used ?? the MSDN Housing Housing handler and I had it has not been small party was a person drives it would be the ottomans of dashboard is not been updated and as often as for a bus was just an accident or disease may summertime what would like to take about three-point has been more ?? eyes of the house we do believe that the U.N. human is on the dashboard now person more time for purpose or-estate because written as Russian Media than the one I'm saying residents sox sentencing, ?? places, no question for the house select one table in a dozen times in the tables and all is a bigger than the whole President Clinton ?? ?? who was important in the non-permanent important in the masses were not in imminent time in the budget passes the Minnesota State courts and hallway station purpose beyond that because there hasn't been updated designer and up; house members we have a peace deal we have is this the time, that the same as those of dollars in losses as a reduction in again, so it seemed that you are killing things that they drive include all all the ingredients that this is because of economics for the commission we had three or more of Moscow versions of it we saw a guy named on Friday, was the only one of your own stadium between the response we got the deals was when he was as to the individual time in the custody in his office cited the deal has been updated three weeks more whenever we know are simple to deal with the time of his own evidence of a control of the opportunity for your position was the lead trial of scientology the Interpol of the we also have been we all have the response to the public saw one table with a preconceived notion that a city that is what city that the times changes in the only city survey of the facts are available for victor, has been a one to determine the ?? ……………….

Representative: … on people on these boards of commission. Some of these were changed within minutes, some within a day. I would certainly say that this is not the will of the people, so whose will is it? Who do we represent? Do they work for us? Do we work for them? now, even if you look at some of the salaries of these boys in commissions, that we just looked at, and we talk about keeping teachers salaries stagnant 0- and not allow them to have any pay raise to keep with the cost of living, but, at the same time, these bodys in commission, you decide to keep their salaries high as part time jobs. Some do not say jobs, but as compensation for them, so as to make a distinction between them and state employees or not, but they receive benefits. So we are sending the wrong message to the people of NC. I ask that you go back and consider: do you really want to tell them that you don’t want to hear about their own professions and how the should be regulated regularly? Do you really want to tell them that you want to have these boys in commissions with these perks and high salaries, but not pay regular state employees? Is that what we really want? I hope that is not the message you are really trying to send? I do believe that folks feel left out, our communities feel left out, these folks in these professions feel left out. I would say that we don’t know what is best for these industries, communities, and workers, not better than they know after many years of service in their fields. So again I would ask you to vote against this bill. Go back and let the systems of NC be involved in their future. If this is going to be a reorganization, then let’s go ahead and have those public hearings you have when you do a reorganization, those town meetings. Let’s get the public’s involvement in this process – they are going to be the one’s to live under it. so I ask that you vote no to this, take it back and get the people involved. Speaker: Representative Steinberg, please state your purpose. Representative: To speak to the motion please, thank you. Speaker: Representative you are recognized to debate the bill. Representative: Thank you sir. I am hearing some folks on the other side suggesting that we need to have a response from the public before we act so hastily. The response was delivered in the ballot box in September. Folks are expecting the majority to come in here and do something to start creating jobs, and that is what they are doing. For the governor, who has a plan to do that, which he will be showing in specifics with us shortly, the governor wants his agenda to be embraced and he wants to move forward. He has a vision for NC. He would like us to [xx] that vision. We will debate that and have plenty of opportunity to do that, but to continue as we are, to keep dragging our feet, and not take bill action, and there are a few things in this bill, some specific things debated in caucus and so forth, which a lot of us were not thrilled about, but overall, we recognized a very significant need for prompt action to try to take away the misery index here NC, i.e. the unemployment index – which has been in excess of 9%, and, in some counties, in excess of 10,11,12%. That is the real tragedy. That is where we are. This kind of treading water and shuffling along, as we have been, and doing business in the same old way, and, eventually, somehow, this is just going to magically change: everything is going to be fixed, everyone will go back to work, we will not have to do anything different. Folks, that is not the way it is – any of you in business knows that. We have to make things happen, and that is what we are trying to do. We are trying to make things happen. Speaker: Representative Lucas, please state your purpose. Representative: Thank you Mr. Speaker. I wonder if Representative Steinberg will yield for a question. Representative: Yes sir. Representative: Thank you. Representative: You are welcome sir. Representative: In your commentary, you mentioned that the decision was made at the ballot box. The question is, do you feel that the average citizen, who made decisions at the ballot box recently, are aware of some of these salaries of some of these commissioners? Representative: I will answer that with a question.

Were you ?? [SPEAKER CHANGES] I was. [SPEAKER CHANGES] Ok. [SPEAKER CHANGES] The Chair would prefer for discussions to occur at the back of the Chamber. Discourse through the Members will go through the Chair. Does the gentleman wish to ask a follow up question? Does the gentleman yield? [SPEAKER CHANGES] Well, yes. I’m aware of some of the salaries and as I have mentioned in my remarks if you were listening very closely and I’m sure you were, that I said there were some things that were debated in caucus that many of us were not happy about. And one of those things as far as my own personal viewpoint is concerned, is salary so that was an issue I will grant you that. So I hope that answers your question. [SPEAKER CHANGES] One follow up. [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Do you feel that the public, given these economic times, would graciously approve of these salaries, especially the Utilities Board of Commission salary? [SPEAKER CHANGES] I would answer, I’m not very happy with the Utility Commissions salaries. But I know a couple of individuals that serve on the Utilities Commission and quite frankly, I think they’re overpaid. Mr. Speaker. [SPEAKER CHANGES] The gentleman has the floor. [SPEAKER CHANGES] Well I would and thank you for the question, I appreciate that sir thank you very much. In the interest I’ll just conclude my comments. [SPEAKER CHANGES] Speaker? [SPEAKER CHANGES] Representative Hager, please state your purpose. [SPEAKER CHANGES] To ask the Speaker a question. Ask Representative Steinberg a question. [SPEAKER CHANGES] Representative Steinberg does the gentlemen? [SPEAKER CHANGES] Yes sir, Representative Hager. [SPEAKER CHANGES] If the gentleman will allow the Chair to finish his statement. [SPEAKER CHANGES] Yes sir, finish your statement. [SPEAKER CHANGES] Before he responds the Chair would appreciate that. Representative Hager, you may state your question. [SPEAKER CHANGES] Thank you, Mr. Speaker. Representative Steinburg, are you aware that this plan cuts potentially 2 positions from the Utilities Commission saving approximately $300,000 of benefits? [SPEAKER CHANGES] Yes sir, I am. [SPEAKER CHANGES] Follow up, Mr. Chair? [SPEAKER CHANGES] Does the gentleman yield? The gentleman yields. [SPEAKER CHANGES] Representative Steinburg, are you aware that the average salary for an engineer of someone that would go on this position would be worth 90,000 to 140,000 and we would have to pull this person out of private practice because they cannot do anything else while on this Commission? [SPEAKER CHANGES] I am aware of that, yes. [SPEAKER CHANGES] Thank you, Representative Steinburg. [SPEAKER CHANGES] The gentleman has the floor. [SPEAKER CHANGES] Thank you. So I just conclude my remarks by saying that once again, reiterating the fact that bold action is required on the part of the House and the Senate. This isn’t going to be something that everyone is going to like but we need to begin moving in a direction and moving quickly. Because there are people suffering. There’s no question about that. And the way things are right now, right exactly at this moment, things aren’t changing a whole lot. People are waiting on us and they’re waiting on us to do something. And they’re waiting on us to do something bold and innovative and that’s what this bill is doing. Whether you agree with it or not, that’s what this bill is doing. We’re not going to sit pants, sit on center, do nothing. There are some in this chamber who want to move forward. I am one of those. That’s why I came here to serve. I want to put people back to work. So I would hope that those of you will give a great deal of thought before you cast your vote and I support it Thank you, Mr. Speaker. [SPEAKER CHANGES] Representative Blust, please state your purpose. [SPEAKER CHANGES] Speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker and Members of the House. I am going to support the bill. We’re in here where the history of it, some members have alluded that it is big improvement on what the Senate sent over. And since it came out of Committee, Wednesday, there have been significant changes that met what I had told the sponsor on our side were my minimum requirements to be able to support it. Nevertheless I’m still troubled by some aspects of it. I think some of what Representative Glazier said was well spoken. But there is one aspect I really want to touch on because it’s early in this session and I’m troubled more and more by what I see down here and especially by the Senate side, but some of it goes for this House too. There’s a story from the Bible, someone over there mentioned the Bible the other day about a man named Oza. The Ark was, David, King David wanted to bring the Ark of the Covenant back to Jerusalem, and it had been stored in somebody’s shed or somebody’s barn for several years and so David said bring it back, and they slung it on an ox cart. The Ark which represented the very presence.

of God, in the nation of Israel, and as the cart is going it starts to stumble, and Uzzah reached out his hand for the very good motive of keeping that ark from falling off, and the bible says God struck him dead. And I once heard Reve3rand Vance Habner in a sermon ask, Why would God strike someone dead for doing something with great motives? And he went into that, but what he said was the ark sitting there in a shed, those there became too familiar with it in their daily lives. Oh, it's just something sitting there in a shed, and I wonder if we don't forget sometimes, in the body, who we are and what we're doing here. I was talking with Representative Pierce, at Airborne School they used to yell, Who are you?, and you'd yell back, Airborne! How far are you going to go? All the way! Just to constantly remind you when you are an elite unit, and and elite group the standards are high. And I always though that this place should be an institution of very high standards. This should be an elite group, and part of being an elite group is a rather reverence of the process and of the institution. And some of that is observing the solemnities and the processes by which the public can influence the product of this institution. And we all like to carry around these little constitutions, and we need to get back to the Constitution but Article 1, Section 2 says sovereignty lies in the people, and Section 12 talks about the right to petition the government for redress or grievances. And I'm troubled here, and I know that the Senate was worse, this thing flew through and whether you like it or not, due process means notice to be heard and have your point of view, at least, considered. And this bill, this version did not appear on a House calendar on a Wednesday, I couldn't get a version of it, I could not look at this thing as of Tuesday night, then we did make fixes in committee today, but then it appears on the calendar today. I don't know, why do we all think that it's a small, slight thing. Well, we've done it, I've seen it happen a lot. That calendar is notice to the public of what we're going to consider as the people's legislature, and yes we do win elections, but those are 2 year terms. And the people have the right in 2 years to yank us, and put someone else in depending on what we do. And that's our government. Just because we have power, we need to be judicious with it. This county became a Republic, not when the Constitution was ratified, it really became a Republic when George Washington, on December 23, 1783, went to Annapolis and handed back to the Continental Congress his commission and his sword. He could have been the absolute ruler. George Washington, for which our Capitol is known, set such and example for posterity on how we're supposed to handle great power given us, and I wish would be more careful with it, and I wished we cared more. I don't like this idea, well we've got the power, let's go ahead and do it. I think we have to observe this in a much more solicitous attitude, and a much more determination when there's a compelling reason. When there's a compelling reason, the rules are

Allow you to suspend the rules but in this instance I have seen no reason why hearing the bill could not have waited until next week. And if it were just this bill I'd probably not have even said anything about this matter. But I just want to be able to nip it in the bud so we start observing the proper processes in this body because I think that's the duty you owe to ?? [CHANGE SPEAKER] ?? community volunteers, that they were about to get axed. But they were axed and interestingly enough two days later the county commissioners replaced them with several bureaucrats and elected officials. And yes, there are still ripples from it in my community so there will be a public response. Thank you Mister Speaker. [CHANGE SPEAKER] Representative Holloway, please state your purpose. [CHANGE SPEAKER] To speak on the bill. [CHANGE SPEAKER] The gentleman is recognized the debate the bill. [CHANGE SPEAKER] Thank you Mister Speaker. I just want to stand up and respond to a comment that the minority leader made about what message this bill sends to teachers and state employees. I did just want to remind him that the last four years that his party was in charge that they did nothing for teachers and state employees as far as salaries go and that their governor even furloughed them. And I also want to remind him that last session when we took the majority for the first time in a hundred and something years, that the teachers got and state employees got the first pay raise that they'd had in four years and they got five bonus leave days. So there's probably a number of reasons that one could be against this bill from the opposing side. But I just don't think that's a very valid argument and I did just want to point that out. Thank you Mister Speaker. [CHANGE SPEAKER] Representative Ross, please state your purpose. [CHANGE SPEAKER] To speak on the bill. [CHANGE SPEAKER] The lady is recognized to debate the bill. [CHANGE SPEAKER] Thank you Mister Speaker and I just want to thank Representative Blust. I think he's absolutely right. He's been right every single time he's talked about the importance of process, the importance of the Constitution. And some good improvements were made to this bill, particularly to take out things that were patently unconstitutional to deal with the judges. And I'm very, very thankful for people who care about the Constitution, since last session seven laws were struck down as unconstitutional. So I think folks have figured out the process matters. It matters at every single step of the way. But one thing that you need to understand: Even though you all have, in your caucus as Representative Steinburg has said, have come to an agreement. We've heard from the Senate that the way you have put it together is DOA. And you're helping them move forward what they wanted to begin with. This isn't going to be what's going to come back from the Senate. I guarantee you this is not going to be what's going to be in your conference report. And to not

Give it the full sunshine. To not give it the light of day, to let the people speak out. If the people speak out you might actually get more of what you want because it won't go behind closed doors [AUDIO DROPS]. [SPEAKER CHANGES] These commissions are board set. Is this a perfect bill? No. Is this a good start? Yes. Please support the bill. [SPEAKER CHANGES] Representative Avila please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] I heard a lot about process in here. And is it a perfect process? No it's not. Could it be better? Yes it can. We're changing [AUDIO DROPS], power structures here. But I will tell you this, our process beats that process that took place when my husbands home country changed government. It involved guns, blood and death. Thank you very much. [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, I wasn't gonna speak until the process arguments came up and I want to point out to members that this bill has been pending, it's had full hearing both in the commerce committee and in the rules committee today. We've allowed every member who wanted to run an amendment to run an amendment Every person who wanted to debate the bill to debate the bill. That's been the process. We had a slot set aside for ruled today to take as much time as we needed to, we go through it pretty quickly.The amendments were explained and they were approved and the bill passed out by a pretty overwhelming majority, it was just [??] vote. I'm always mindful and representative Blust and I, we've spoken before, we've talked about these issues. And I'm always mindful of this process and the way we do things and I will submit to you that we have followed the process the way it should be followed. That representative Murray did a [??] job the last few days trying to put this together. And one do the first things he said was, this is a senate bill and he's a house member, and that's true. And who knows what's going to happen in conference committee. I don't know if this is what's gonna come out of it or something different, I don't know. But that process too comes back to the floor, and guess what? It's debated upon. It's voted upon. It's not something you just slip under a door or something. This process is ongoing and there's absolutely nothing out of the ordinary in the way the process has been done and this. If the speaker or anyone wanted to stifle debate that could have been done long ago but we've had a long and vigorous debate and the speaker has been very generous having members run amendments debate the bill. And I just want to set the record straight on that. [SPEAKER CHANGES] Ladies and gentleman of the house we're going to hold debate for a moment. We've come at 3:00 O'clock and that is the time that we would release the pages. Pages please come to the front of the chamber. [AUDIO DROPS] Pages I would like to thank you for your service this week. I hope that you've found this educational. I hope you found a way to have some fun and to maybe make some friends. I hope you'll go back to your homes and discuss your experience with your brothers and sisters and friends in school, encourage them to come and serve this body. I thank you for the work that you did for us and on behalf of all the members of the house, thank you for your work this week and we hope you have a great end of the school year and a great summer. Please stand and let's thank our pages. I would also like to extend a courtesies of the gallery, specifically to Terry Clark and Catherine Clark and Mr. and Mrs. Clark I should say.

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[0:00:00.0] Not have a reason to carry it over but if there is about they carries over tonight today and I do believe that there is another bill that’s carried over the third reading that if we have the well of the body to take it up on third reading Representative ___[00:12] at some point will be make enough motion and we will do so. Representative Hall please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker, just arise to make an objection on third I thought I was gonna be joining Representative Pittman but he is withdrawn his objection but I want to go ahead and register mine. [SPEAKER CHANGES] The gentleman will be able to state that objection at the appropriate time. Further discussion further debate on the bill? If not the question before the house is the passage of the House Committee Substitute as amended to the House Committee Substitute #2 to Senate Bill 10 as amended on its second reading, all those in favor will vote aye, all those oppose vote no, the clerk will open the vote. All members wishing to record please do so this time. Representative ___[01:16], the clerk will lock the machine and record the vote, 70 having voted in the affirmative and 42 in the negative. The House Committee Substitute to Senate Bill #10 on its, as amended on its second reading has passed and without objection… [SPEAKER CHANGES] Objection… [SPEAKER CHANGES] Objection. [SPEAKER CHANGES] Multiple objections haven been raised the first of which from the minority later the bill remains on the calendar. Representative Horn, does the gentleman prepare to take up House Bill 97? [SPEAKER CHANGES] I’m yes Sir. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Thank you Sir, I withdraw my previously submitted amendment and submit a replacement amendment. [SPEAKER CHANGES] The original amendment has been withdrawn Representative Horn is recognized to send forward an amendment the clerk will read. [SPEAKER CHANGES] Representative Horn moves to amend the bill on page 2 lines 16 and 22. [SPEAKER CHANGES] The gentleman is recognized to explain the amendment. [SPEAKER CHANGES] Thank you Mr. Speaker, ladies and gentlemen we are trying to ensure here that the direction for the counties and the LEAs is clear on an advice from Council and Bill Drafters, Mr. Corn who is formally Head of Bill Drafting, we have inserted the phrase as you see on your dashboard and it ensures us, me that the intent of this bill which is to allow the counties on the advice of the LEAs that they may use their construction moderate funds for the purchase of digital materials. I encourage you to support the bill, ah the amendment. [SPEAKER CHANGES] Representative Luke please state your purpose. [SPEAKER CHANGES] To speak briefly on the bill. [SPEAKER CHANGES] We are on the amendment this gentleman wish to speak on the amendment. [SPEAKER CHANGES] Yes Sir. [SPEAKER CHANGES] Representative Jordan please state your purpose. [SPEAKER CHANGES] A question about the amendment. [SPEAKER CHANGES] Does the gentleman yell? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] He yells. [SPEAKER CHANGES] Representative Horn looking at your amendment does this require that the county cannot make this change on it’s own but what actually require the LEA to ask this up. [SPEAKER CHANGES] Correct. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Representative Wilkins please state your purpose. [SPEAKER CHANGES] To ask Representative Horn a question. [SPEAKER CHANGES] Representative Horn… [SPEAKER CHANGES] Yell. [SPEAKER CHANGES] The gentleman yells. [SPEAKER CHANGES] Representative Horn do you feel that this is a good fix for the problem that you and I were noting? [SPEAKER CHANGES] Yes, Sir I think I’m satisfied that the wording is now in compliance with both the intent of the committee report, my own intent and satisfies the intent as it’s so been advised to me by members of this body. [SPEAKER CHANGES] Thank you Sir, I appreciate your work. [SPEAKER CHANGES] Okay. [SPEAKER CHANGES] Further discussion further debate on the amendment? If not the question before the house is the passage of the amendment sent forward by Representative Horn to the House Committee Substitute for House Bill 97, all in favor vote aye, all oppose vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 111 having voted in the affirmative and one in the negative the amendment passes, we are now back on the bill. Is there further discussion or further debate? Representative Luke please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker and members of the house this bill like one we had last week Senate Bill 14 which we rush through and you remember the same day as the committee meeting, they have the same flow… [0:04:59.8] [End of file…]

[Speaker changes.]...they sound good but if you look at the bill carefully, there's really not an appropriation in there. There's not money in the bill to do all the things that the bill claims it wants to do. In this particular case, I'm pleased that Representative Horn has added digital to the possible uses but there's no addressing of the question, what if a county needs to use all of its allotment for construction? Then we have a situation... [Speaker changes.] Mister Speaker? [Speaker changes.] Representative Horn, please state your purpose? [Speaker changes.] Mister Speaker, I'd like to ask the...Represent [Speaker changes.] Does the gentleman yield for a question? [Speaker changes.] Can it wait til I'm finished? [Speaker changes.] The gentleman does not yield until the end of his comments. [Speaker changes.] As I read the bill, if a county used its entire allotment for construction, they would not have the resources for the digital that other counties might well have so we would have a situation where some counties have resources for digital learning and other counties don't. It's not a good thing to do and what we need in the bill...what we need in this bill is an appropriation, just as we needed one in Senate Bill 14 to do all the things with career and technical learning, getting high school kids...somehow...to the community college. All that stuff costs money. And there's plenty of things in here that cost money as well. These bills are "feel good bills" if they don't have a referral to Appropriations. I may be the only one in here who'll vote no but I am voting no because I don't like to see bills through that need appropriations and don't get sent to Appropriations. Thank you. [Speaker changes.] Further discussion? Representative Horn, please state your purpose. [Speaker changes.] Debate the bill a second time. [Speaker changes.] Gentleman is recognized to debate the bill a second time. [Speaker changes.] Thank you, Mister Speaker. Ladies and gentlemen, this is not an appropriations bill. It's not a lottery bill. It's not a directive. It's a bill that allows LEA's???? working in cooperation with counties. Allows counties working in cooperation with their LEA's????? to utilize money in a flexible fashion, to meet a need that we all know is coming...and that is...not coming, it's here...the digital age is here. We've heard the last three days from superintendents, principals, and teachers about their need, their desire for flexibility in spending. This is one of those steps that allows...that satisfies that need, allows our LEA's????? and the counties to work together to meet the needs that they have in their counties without spending additional money. It gives them flexibility to use the money they have as they see fit. Thank you, Mister Chair. [Speaker changes.] Further discussion, further debate? If not, the question before the House is the passage of House Committee Substitute to House Bill 97 as amended on its second reading. All those in favor will vote aye. All opposed vote no. The Clerk will open the vote. Clerk will lock machine and record the vote. 109 having voted in the affirmative and three in the negative. The House Committee Substitute to House Bill 97 as amended has passed its second reading and without objection. It will be read a third time. [Speaker changes.] General Assembly of North Carolina enacts. [Speaker changes.] Further discussion, further debate? If not, the question before the House is the passage of House Committee Substitute to House Bill 97 as amended on its third reading. All those in favor say aye. (Ayes.) All opposed say no. The ayes have it. The House Committee Substitute to House Bill 97 as amended has passed its third reading. The bill will be engrossed and sent to the Senate. [Speaker changes.] Representative ????? please state your purpose. [Speaker changes.] For a motion. [Speaker changes.] The gentleman is recognized for a motion. [Speaker changes.] This is to suspend the rules to allow third reading on House Bill 105, require a ?????????? /?????? ?????. [Speaker changes.] The gentleman has requested that the rules be suspended so that we could take up third reading on the bill previously taken up today. The gentleman is recognized to explain motivation...or explain the motion. [Speaker changes.] The title of the bill was changed due to the amendment offered by Representative Murry. That is actually a technical change; therefore, was not allowed to go to third reading for that reason. We have agreed that that is not substantial for material change and we advocate going to third reading today. Thank you. [Speaker changes.] Representative Moore is recognized. (Laughter.) (Gavel.)

… what purpose am I recognized, Mr. Speaker? [Laughter] [SPEAKER CHANGES] Point of order, Mr. Speaker. [SPEAKER CHANGES] The Chair asks that Representative Starnes please state your purpose. [SPEAKER CHANGES] To ask Representative Fulghum a question. [SPEAKER CHANGES] Representative Fulghum. Does the gentleman yield? [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative Fulghum, I think you’re misstating what you’re wanting to do. You have a bill that is eligible for second and third reading, and you’re asking for a suspension of the rules. We don’t need a suspension of the rules to have a third reading today. Are you just simply wanting to have the third reading today? [SPEAKER CHANGES] My response? I understood that the title of the bill had been changed as a result of the amendment… [SPEAKER CHANGES] If the discussion will cease for a moment, the Chair may be able to clear up this issue. Representative Starnes, the reason why it had to be carried over is that the amendment changed in substance and required a carry over. The only way we could take it up today is that the House would agree to suspend the rules for that purpose. Representative Moore, the reason I was recognizing you is I have the muscle memory of Representative Owens, which is normally when he would get up and say suspending the rules is not a good thing to do unless there’s wide consensus for doing it. Particularly now that we know that we’re going to be in session on Monday night. [SPEAKER CHANGES] May I speak to the motion? [SPEAKER CHANGES] The gentleman may. Tom’s recognized to debate the motion. [SPEAKER CHANGES] In honor of my good friend, Bill Owens, former Rules Chair, I would remind the members that we should not just suspend the rules unless there’s good reason. I would like to ask the member if he would consider withdrawing his motion at this time. [SPEAKER CHANGES] Representative Fulghum, please state your purpose. [SPEAKER CHANGES] No, sir, I would not. The reason that we’re proposing this amendment - [SPEAKER CHANGES] The gentleman will be recognized to debate the motion a second time. [SPEAKER CHANGES] It’s not an amendment but a motion. The reason that I’m proposing this is to start this procedure of pulse oximetry is that we think it will make a difference. Didn’t think it would make a difference, we wouldn’t propose the bill to begin with. So therefore, any time that we save is important, and I strongly advocate that we get third reading and get this bill across to the Senate so they can go ahead and get it done. Thank you. [SPEAKER CHANGES] Representative Starnes, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. I’ve heard three lectures today on defending the process. I defend the process, and I am opposed to suspending the rules. [SPEAKER CHANGES] Further discussion? Further debate on the motion? If not, the question before the house is the motion by Representative Fulghum to suspend the rules so that House Bill 105 could be considered for third reading today. All those in favor vote “aye”. All those opposed vote “no”. The clerk will open the vote. [SPEAKER CHANGES] The clerk will let the machine record the vote. 32 having voted in the affirmative and 80 in the negative, the motion fails. Petitions, memorials, or papers addressed to the General Assembly of the House. The clerk will read. [SPEAKER CHANGES] Miss Denise Weeks, Principal Clerk of the House. Dear Miss Weeks, pursuant to North Carolina General Statutes 97 and 77, I am to appoint Mr. Andrew T. Heath of New Hanover County to the North Carolina Industrial Commission for confirmation by the North Carolina General Assembly. This seat is made vacant by Commissioner Staci Myer’s term expiration on April 30th, 2013. Mr. Heath’s term shall begin on May 1, 2013 and will expire on April 30th, 2019. Enclosed is biographical information on the appointee. Best regards, Pat McCrory. [SPEAKER CHANGES] The House will be, the matter will be referred to the committee on rules. Senate Joint Resolution 133. The clerk will read. [SPEAKER CHANGES] Senate Joint Resolution 133 is a joint resolution honoring the life and memory of Dr. Joy Joseph Johnson, Fred D. Alexander, Richard C. Erwin, John W. Winters Sr., Dr. Alfreda Johnson Webb, Jeanne Hopkins Lucas, and other pioneer African-American members of the General Assembly in observance of African-American History Month. Senate resolves, the House concurring. [SPEAKER CHANGES] The House will come to order. Representative Pierce, does the gentleman wish for the resol-

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legislative black caucuses excited about the month of black history as we celebrate our ancestors who passed on the torch of freedom, justice and equality to us. Today we recognize the members who have served in the North Carolina General Assembly. We know that we are standing on the shoulders of those who have served in these chambers before us. We know that they had many struggles, more than we have today. In the words of Frederick Douglass, where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe. Douglass along with those who we recognized set a standard of excellence in pride that is woven to the fabric of North Carolina politics. The legislative black caucus and its members we stand today on the shoulders of many with a legacy of standard that we will pass on to young people in our community and the next generation of politicians. To the Members, once again, we want to thank you for sharing with us today a very special time in the life of the legislative black caucus and this body. We are excited about what we read about this rich history that all of us are really encouraged today and excited about those who have come before us and those who will come after we are no longer here. I think we've set a standard and we can say Mr. Speaker I commend this resolution. Thank you Mr. Speaker. [SPEAKER CHANGES]: Representative Alexander, please state your purpose. [SPEAKER CHANGES]: To speak briefly on the resolution. [SPEAKER CHANGES]: The gentleman is recognized to debate the resolution. [SPEAKER CHANGES]: I don't have any prepared remarks Mr. Speaker, ladies and gentlemen of the House, I just wanted to say that we rarely have an opportunity to serve with a living legend, with someone who is a participant in history, and I just wanted to point out that our colleague, Mickey Michaux, whose name showed up in that resolution was indeed a pioneer, and he's still serving with us, and if you've never had an opportunity to talk with Mickey over lunch or just stand around here and listen to him swap some stories about his experiences here in the House, I commend to you to do that because not only was he a pioneer he is a living history lesson about how things have changed, and he points us in the direction, I think, that we want to go. I was thumbing through my book on my favorite president and I did find a very brief statement that kinda puts us into a sense of how it must've been back when Representative Michaux first entered into these chambers. President Lincoln once said "Towering genius disdains a beaten path. It seeks regions hither to unexplored", and way back when Mickey came here this was definitely unexplored and he was definitely a pioneer. I commend the resolution to you. [SPEAKER CHANGES]: Representative Michaux please state your purpose. [SPEAKER CHANGES]: Just to speak on the resolution a moment. [SPEAKER CHANGES]: The gentleman is recognized to debate the resolution. [SPEAKER CHANGES]: I just appreciate what Representative Alexander has said but I wanted to assure all of you that I was not here when Lincoln was President. [SPEAKER CHANGES]: Representative Floyd, please state your purpose. [SPEAKER CHANGES]: Speak on the resolution. [SPEAKER CHANGES]: The gentleman is recognized to debate the resolution. [SPEAKER CHANGES]: Mr. Speaker, I am standing before you because one of the gospel singer F.C. Barnes that many of you haven't heard of him. He made a song that was on a 45. Many of you all were too young to remember those when they came out and he on one side he was in a pair of whatever you call them, overalls and when you flip the label on the other side you would see him in a three piece suit and you'd say my God look what he has brought us from. That's what we're saying here today. Look at where we came and where we are today. I'm equally more

...are profound when I was...when you gave us a break today and I had an opportunity to speak with Representative Dollar and I said I was amazed with the information that you had on the history of a particular group which is fine. So I commend resolution to you. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage to Senate joint resolution 133 on it's second reading. All those in favor will vote aye. All those oppose will vote no. The clerk will open the vote. All members wishing to record, please do so at this time. The clerk lock machine will record the vote. 107 having voting the affirmative and none in the negative. The Senate joint resolution 133 has passed on it's second reading without objection. Will be read a third time. [SPEAKER CHANGES] The Senate resolves the House concurring. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage for Senate joint resolution 133 on it's third reading. All I favor say aye. All oppose say no. The ayes have it. Senate joint resolution 133 has passed it's third reading and will be ordered and rolled. Ladies and gentlemen of the House...probably not something that's happened before but as it's the case when we complete resolutions affecting people that are the president of chamber, the chair is happy to extend the courtesies of the floor to Representative Michaux. Ladies and gentlemen before we go to notices and announcements, we've completed the calendar for the day. The chair would remind all members who were not able to make the apex training this week on the 26th, that your last chance to be in compliance with statutes would be to attend the meeting by March 5th. Immediately after session in room 544. For your planning purposes next week, the Monday session will be held at 7 o'clock. We will have votes on Monday. At this time, 2-2-1 for Tuesday, Wednesday and Thursday. Notices and announcements. Representative Riddell, please state your purpose. [SPEAKER CHANGES] Point a personal privilege. [SPEAKER CHANGES] Gentleman is recognized to point a personal privilege. [SPEAKER CHANGES] Friends, I just want to congratulate my seat mate, and fellow freshman, Chris Trapper Whitmire, on getting his first bill through the House today. Good job. [SPEAKER CHANGES] Representative Starnes, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The Republicans will caucus at 6 o'clock Monday night in the auditorium. [SPEAKER CHANGES] Representative Hall, please state your purpose. [SPEAKER CHANGES] Announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Democratic caucus will meet at 6pm Monday in our caucus room. [SPEAKER CHANGES] Further notices and announcements, Representative Moore is recognized. [SPEAKER CHANGES] Mister Speaker, I move that subject to the re-referral to bills and resolutions that the House do now adjourn to reconvene on Monday, March 4th, 2013 7 pm. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative Michaux, subject to stipulation set forth in the motion that the House do now adjourn and reconvene on Monday, on March 4th at 7 pm. All those in favor say aye. All oppose say no. The ayes have it. The House stands adjourned.