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House | March 4, 2013 | Chamber | Session

Full MP3 Audio File

[Speaker Changes] The house will come to order. Members please take your seats. Visitors please retire from the chamber. Members and visitors in the gallery please silence all cellular phones and personal electronic devices. Sergeant in arms please close the doors. Prayer will be offered by Representative Kim Waddell. Members and visitors in the gallery please stand and please remain standing for the Pledge of Allegiance. [Speaker Changes] Good evening. If you feel inclined, please pray with me. Almighty God, my maker and redeemer, I ask for your guidance for this body of leaders. And for your eternal patience when we make decisions that are not representative of your plan for all of us. I understand that in order to make decisions that will bode well for the majority, we sometimes forget that the minority is part of your eternal plan. Please grant us the good sense to realize that we are given the right of free choice in our decisions. But are not guaranteed that our decisions are always the best choice for all. I hope that all we do tonight will be reflective of that mission and am confident that with your guidance we will succeed. I understand, as you do, that what we do in this life will echo for eternity. I remember that Jesus said, what you do for the least of these, you also do for me. Amen. [Speaker Changes] Representative Moore, is recognized. [Speaker Changes] Mr. Speaker, the Journal for Thursday, February 28, 2013 has been examined and found to be correct. I move its approval as written. [Speaker Changes] Representative Moore moves that the journal for February 28th be approved as written. All those in favor say aye. [Speaker Changes] Aye. [Speaker Changes] All those opposed say no. The ayes have it. Journal is approved as written. Petitions, memorials or papers addressed to the General Assembly of the house. Ratifications of bills and resolutions, the clerk will read. [Speaker Changes] Enrolling clerk courts following bill to be ratified for presentation to the governor. House Bill 77, an act to delete a provision 50$ payment to members of the board as recommended by the general statutes ?? ratify property. Presented of the Secretary of the State. House Joint Resolution 138, joint resolution same date for the House of Representatives to elect members of the state board for community college Senate Joint Resolution 133, joint resolution on the life and memory of Dr. Joe’s Johnson, Representative Irvin to John W Senior, Johnson Webb, JD. Hopkins Lucas and other ?? African American members of the General Assembly in observance of African American history day. [Speaker Changes] Chapter Bills will be noted. Introduction of bills and resolutions. The Clerk will read. [Speaker Changes] Representatives Dollar, Hollo, T. Moore and Ray House Bill 181, possessions supervision requirement, nurse and ?? [Speaker Changes] Health and Human Services [Speaker Changes] Representative Blackwell and Collins, House Bill 182 , establish efficiency and cost saving commission. [Speaker Changes] Propitiations and Favorable Regulatory Reform [Speaker Changes] Representative T. Moore and Torbett, House Bill 183, allow hospitals to test blood for driving while impaired. [Speaker Changes] Judiciary Subcommittee B. [Speaker Changes] Representative Luebke, Gill, Glazier, and McManus, House Bill 184, allow drivers license for deferred action for childhood beneficiaries. [Speaker Changes] Rules Calendar Operations of the house in favorable transportation. [Speaker Changes] Representative Jones, Martin, Conrad, and Steinberg, House Bill 185, ballot reform act of 2013. [Speaker Changes] Election to favorable rules calendar operations of the House. [Speaker Changes] Representative Jeter, House Bill 186, town enforce ordinances on Lake Norman. [Speaker Changes] Government in favorable Judiciary Subcommittee B. [Speaker Changes] Representative Conrad and Lambeth, House Bill 187, private school handgun on school property. [Speaker Changes] Government in favorable Judiciary Subcommittee B favorable rules calendar operations of the House. [Speaker Changes] Representative Farmer-Butterfield, and Pierce, House Bill 188, early voting on weekends. [Speaker Changes] Rules calendar operations of the house in favorable elections. [Speaker Changes] Representative Glazier, Stevens, and L. Hall, House Bill 189, amend information providing noncustodial parent child support. [Speaker Changes] Judiciary Subcommittee C. [Speaker Changes] Representatives Samuelson, W. Brawley, Schaeffer, and Carney, House Bill Resolution 190, honor Ruth Bell Graham. [Speaker Changes] Rules Calendar Operations of the House. [Speaker Changes] Representative B Brown, House Bill 191, ?? de-annexation. [Speaker Changes] Government in Favorable finance. [Speaker Changes] Representative Shepard, Hamilton, Torbett and D. Ross, House Bill 192...

To allow a right-of-way usage in central business districts. [Speaker Changes] Commerce and job development, if favorable, regulatory reform. [Speaker Changes] Representative Samuelson, W. Brawley, Carney, and Earle. House Bill 193, expand uses for Mecklenburg County, Charlotte local taxes. [Speaker Changes] Government, if favorable, finance. Messages from the Senate the Clerk will read. [Speaker Changes] Committee Substitute number 2 for Senate Bill 76, a bill to entitle an enact to authorize the Department of Environment and Natural Resources to issue permits on or after March 1, 2015 for oil - gas exploration development activities in State including the use of horizontal drilling and hydraulic fracturing treatments for that purpose, directed mining and energy commissions study the development of comprehensive environmental permit for oil and gas exploration and develop activities using horizontal drilling and hydraulic fracturing treatments, modify appointments to the mining and engineering commission, modify provisions oil and gas conservation act concerning mining and energy commissions authority to set allowable, sign future revenue from energy exploration development and production of energy resources, in order to protect and amend the energy policy act if 1975 and the energy policy council, direct the medical care commission to adopt rules authorizing facilities licensed by the Department of Health and Human Services to use compressed natural gas as emergency fuel. [Speaker Changes] The Reading Clerk will please re-state. Just kidding. Commerce and job development, if favorable, environment, if favorable, finance. [Speaker Changes] Senate Bill 43, a bill to entitle an enact to direct the office of state personnel, in conjunction with the Department of Public Instruction and the office of state budget and management to study and make recommendations regarding the management of workers’ compensation claims submitted by the state and local government employees is recommended by the joint legislative committee on workers’ compensation, insurance coverage, compliance, and fraud prevention and detection. [Speaker Changes] Judiciary subcommittee A, if favorable, finance. [Speaker Changes] Committee Substitute for Senate Bill 44, a bill to entitle an enact to permit disclosure of certain information pertaining to workers’ compensation and coverage by the North Carolina Industrial Commission is recommended by joint legislative committee on workers’ compensation, insurance coverage, compliance, and fraud prevention and detection. [Speaker Changes] Judiciary subcommittee A. [Speaker Changes] Committee Substitute for Senate Bill 51, a bill to entitle an enact requiring that the state control government business intelligence competency center enhance the state’s enterprise level business intelligence through the collection and analysis of data from various state agencies related to workers’ compensation insurance coverage and claims for the purpose of fraud prevention and detection, is recommended by the joint legislative committee on workers’ compensation, insurance coverage, compliance, and fraud prevention and detection. [Speaker Changes] Regulatory reform. [Speaker Changes] Senate Bill 95, a Bill to entitle an enact to provide for an election procedure for midterm vacancies in Tabor City. [Speaker Changes] Government. Pages, if we could have you come to the front the chamber at this time. Pages, as the Reading Clerk states your name, if you could stand forward and make yourself known to the group, so we can get ?? a name to a face, we would appreciate it. The Clerk will read. [Speaker Changes] Zachary Barr, Cumberland County. Aubery Green, Avery. Benjamin Howie, Cumberland. Gabriel Johnson, Johnston. Brianna Jones, Nash. Demarkus Lukus, Wake. John Rentles, Alamance. Leah Rentles, Alamance. Annie Schneider, Wake. Richard Thompson, Mecklenburg. Madison Williams, Randolph. Pervon Williams, Forsyth. [Speaker Changes] Pages, on behalf of all the members, I want to welcome you and thank you for your service this week. I hope that you have an opportunity to learn a little about what we do, and I look forward to being able to have an opportunity speak with you all as the week goes on. But again thank you for your service. And members, let’s welcome the Pages. You may now return to your stations. Calendar….

House bill 105 the clerk will read. [SPEAKER CHANGES] House bill 105, a bill entitle and act to expand the new born screening program. Established by the Department of Human Services, to include you born screening for congenital heart disease utilizing pulse, oximetry or other comparable screen methodology. General assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion further debate. If not the question before the house is the passage of House bill 105 as amended on its third reading. All those in favor will vote aye, all those opposed will vote no. The clerk will open the vote. Clerk will let the machine record the vote 115 having voted. In the affirmative and none in the negative. House bill 105 is amended as pass its third reading. It will be engross and sent to the senate by special messenger. Ladies and gentleman's, the is chair gonna move a head. of senate bill 10, which I anticipate debate, and amendments on to house bill 122. Is there objection. House bill 122 the clerk will read. [SPEAKER CHANGES] Committee substitute for house bill 122. a bill to entitle, a act to amend the laws pertaining to the interlocutory appeals relating to family law. General assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Glazier please state your purpose. [SPEAKER CHANGES] To explain the bill Mr. president. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you very much Mr. speaker members this is a bill that was unanimously recommended by the bar association family law Council. By the board of governors unanimously to us and unanimously passed judiciary C committee. And I know of no opposition to the bill. But briefly what the bill does. In the North Carolina rules of civil procedure requires that if you have multiple claims in action you don't get to win to lose on 1 and appeal it. And win or loose on another one and appeal it. Of cost and efficiency, an time sake you got to do it all on time. And that works really well generally, but in the family law contacts. When you have an alimony decision. Follow months and months later by a custody distribution. Follow months latter by an equitable distribution decision. To do that actually delays and really impact families negatively. Impact the law negatively in the case. So this is one exception in visual appeal to pathos very distinct vision on that would allow individual appeals in to those families law decision. That would allow families to get decision a little bit quicker. This is endorse by the judges association. I know of no opposition to the bill. Thank you Mr. speaker [SPEAKER CHANGES] representative Stevens please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The laddie is recognized to debate the bill. [SPEAKER CHANGES] as someone who practices primarily family law. representative Davids and I would both recommend this bill highly, is something that we need. an we ask for your support. [SPEAKER CHANGES] Further discussion further debate. If not, for the question before the house is the passage of the House committee substitute. The house bill 122, on its second reading. All in favor vote aye, all opposed vote no. The clerk will open that vote. All members wishing to record. The clerk will let the machine record the vote. 115 having voted in the affirmative and none in the negative the house committee substitute for house bill 122 its pass its second reading and with out objection. Will be read a third time. [SPEAKER CHANGES] General assembly of North Carolina enact. [SPEAKER CHANGES] Further discussion further debate. If not the question before the house. Is the passage of the house committee substitute, the house bill 122, on its third reading. All in favor will say aye. All opposed will say no. the ayes have it the house committee substitute for house bill 122. its pass it third reading and will be sent to the senate. Ladies and gentleman's of the house upon motion of all the members of the body. The hair is happy to extend the courtesies of the gallery to the North Carolina association of registers of Deeds President Lee Warren and many other many other register deeds are on the chamber pleas stand and let us welcome you. Senate bill 10 the clerk will read. [SPEAKER CHANGES] House committee substitute number 2 for senate

daily end of the fact that this action, reduction in addition act of 2013 Johnson of overall and the opposition purpose said that Dr. Has a timeout partly times and all listed the page with no one's 40 to 43 by a certain point alliance does recognize making the timing is the end of the house this is an amendment that will allow us to be the sister salaries will be somebody send the message that another level appointees Riley and only part of the levin's about that now decide when we played for the defense played a file where he and some businesses of 138,000 year opened up with these up is we shall subdivision of RSA wood has been one of its enterprise and the time is wanted in the top -rated the pride ourselves on is a time we have disbanded in this town has been at a savings will possibly 788 ball seven times the house of commons indeed, as well as for savings time that but the Sellers we in the wake of the system by cutting of 35% unemployment benefits for Baltimore after the holiday home , visited Riley as the people in the midst of this is the shows a commitment and made the same set of eyes and so they care of the 1920s of time, as if it still allows another tax the salaries to have enough that I members of the royal commission CR &Commerce and the utilities commission chairman has utilities commission isn't as the party Popper said the investor commission as it is not a resident and roll Morton has prompted the pursuit when all salaries of the sixteens time is based more on the audit person dollar PlayStation purpose stadium and does recognize maybe the best house is not even a serious and this is a political tiled floor of my dear friend from 19 copies of four different theme park this is OK I can appreciate a chain of serious a time when the series is fond of this reason these are just actually said that as a time entry- would not allow the changes that have been increased enough of the recreation and said I aisle and-price gain enough that you can we are in charge of being seen by the witty amendments to one of the sundial of salaries in fact, is seeing efforts to cut these all I remember is fighting for our members time and money orders is just simply wants on the Scottish U.N. Anybody your hands and if you're trying to get a season starting to share with the offender of an issue you a happy camper seminar 78,000 of the money that was everybody here also has the weekend counts problems and we in quality people ?? and to provide the leadership of these editions of the series of the times when we only the political posture in-your-face and then the state would not be a five-hand man, the city of way station purpose next Monday may have some time with Telewest is, you may want done us all-time, you talk about the democratic party headed the salaries for the deportees, that we cut it out, it is not about this in mind. I don't know when the state which she has to raise the ?? to a sales tax use of the suppressive acts of the year message-up there and raised about one of the enzyme is favor of ??...........

This is clearly a case of do as I say but not as I have done. So I would, I would recommend you vote against this amendment. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] I move that the, the amendment do lie upon the table. [SPEAKER CHANGES] The motion to lie upon the table has been duly seconded. The question before the House is the motion of Representative Moore to lie on the table the amendment set forth by Representative Hall. All in favor will vote aye. All opposed vote no. The clerk will open the vote. The clerk will have the machine record the vote. Seventy two having voted in the affirmative and forty three in the negative, the, the motion passes. The amendment has been lied upon the table. We're back on the bill. Representative Luebke, please state your purpose. [SPEAKER CHANGES] To send forward an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Luebke moves to amend the bill on page thirteen, lines thirty four and thirty five by inserting between the lines. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you mister Speaker and members of the House. This amendment is generated, it was generated out of a discussion that Representative Starnes and I had on the floor on Thursday. Members may remember in which I had raised the question of whether why a consumer advocate should be one of the persons or categories that could be considered for membership on the utilities commission. There were, as members know, a number of others, seven in fact, that were previously listed from work in the committee as I understand it. I'm not on either commerce or rules to know that for sure but that's what I've been told. I would urge you to vote for this amendment because each of us has in our districts consumers. If you can count children, there's eighty thousand, about eighty thousand consumers in your district. And all this amendment does is say that someone whose commitment is to fight to keep rates as low as possible. Those of you who are a little older remember it used to be called the Light Bill, now we think of it more as the Power Bill, and a consumer advocate would be on there looking for every which way to keep rates down. The consumer advocate would take advantage of the insights of the public staff, but is not a replacement for the public staff because the consumer advocate if selected for the utilities commission is a voting member of the commission and would fight hard for all of our consumers in all of our districts. So it's hard for me to see why this isn't a unanimous vote in favor of the consumer advocate. Members, I urge your support. Thank you. [SPEAKER CHANGES] Representative Hager, please state your purpose. [SPEAKER CHANGES] Thank you mister Speaker. To debate the amendment. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you mister Speaker. A lot of you may or may not know how the utilities commission works. But contained within the utilities commission is eighty five to ninety, and Representative Luebke alluded to it, public staff. And their job is to look out for the public. So at present you have seventy people on the commission and you have eighty five to ninety people looking out for the public. Well I would say to you that the public is looked after by the public staff and that's their main job by responsibility. So I think it's there. I think what we have in the bill itself is the, is the, is the consistency of the expertise on there that we've put in the bill to make this bill not a political pointee anymore for this commission. So I say eighty five to ninety people looking at, at the public staff are looking after the public is a lot of folks. And let's keep this bill as it is and I'd ask that you vote against this amendment. [SPEAKER CHANGES] Representative Jordan, please state your purpose. [SPEAKER CHANGES] Inquiry for Representative Luebke. [SPEAKER CHANGES] Representative Luebke, does the gentleman yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Representative Luebke could you please expand upon and perhaps enlighten us on what a demonstrated competency in consumer advocacy might look like. [SPEAKER CHANGES] Yes, it would be a person who would want to be on the commission because she or he knows a lot about the whole issue of rate making and the different dimensions of rate making but looks at it from the standpoint of keeping the rates lowest, as low as possible. There are a lot of different people on the utilities commission, but they don't always look at it from the perspective of keeping rates low. And they're honorable people and they think hard about what they're doing but there is a difference in perspective as to whether you

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Is Dr. Josette Maria from Dunn, North Carolina. The Nurse of the day is Virginia ?? from Carthage, North Carolina. Please stand and let us welcome you and thank you for your service. Ladies and Gentlemen of the house, for your planning purposes this week. Tomorrow session will be at 2, as well as on Wednesday. And we are now working with the various committee members to see if we can have a no vote session on Thursday. I can’t make any promises. We may at least try to have it earlier if there is a need for a vote on Thursday. But now we’re trying to work around that. And Ladies and Gentlemen of the House, upon motion of Representative Cotham from Mecklenburg County, the chair is happy to extend a courtesy of the galleries to the Mechlenburg County elections chair. Carol Williams. Carol, if you’re in the gallery, please stand and let us welcome you. Notices and Announcements. Representative Gill, please state your purpose. [SPEAKER CHANGES] Moment of personal privilege. [SPEAKER CHANGES] The House will come to order. The lady has the floor for a point of personal privilege. [SPEAKER CHANGES] Thank you, Mr. Speaker. I just wanted to stand and congratulate my alma mater, the Shaw University Lady Bears on their 213 CIAA win, womens’ basketball championship this weekend. This is the third year in a row and we have won eight titles out of eleven. Of the last eleven years. We are also the 2012 division 2 national champions. So I want us to wish them good luck as they journey to another division 2 championship starting this weekend. Thank you. [SPEAKER CHANGES] Representative Pittman, please state your purpose. [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] The gentleman is recognized for a point of personal privilege. [SPEAKER CHANGES] Thank you, Mr. Speaker. I just, as a proud father I can’t help brag a little bit. I just wanted to help share praise report with the other colleagues here. My son, Lt. Samuel Pittman, veteran of two tours in Kuwait and Iraq during which the first time he was over there he was on trucks that three different occasions they ran over a total of three IEDs that didn’t go off. And had very near misses and that sort of thing. This past weekend at drill he was appointed executive officer of the 1452nd transportation company of the North Carolina National Guard. I’m just kind of proud of him. Thank you. [SPEAKER CHANGES] Representative Lucas , please state your purpose. [SPEAKER CHANGES] A point of personal privilege. [SPEAKER CHANGES] The gentleman is recognized for a point of personal privilege. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentleman, I want to congratulate Representative Gill and Representative Pierce and all of the other Shaw University alumni for their gracious victory. And also to remind them that it would not have been possible were it not for the gracious concession by ?? State University. [SPEAKER CHANGES] Representative Moffitt , please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, tomorrow is Sportsman’s Caucus day tomorrow here at the capital, and we kick everything off at a 7am breakfast. I hope to see you there. [SPEAKER CHANGES] Representative Hollaway, please state your purpose. [SPEAKER CHANGES] For an announcement [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Our basketball team will practice at peace right after session, and tonight the only change is we will actually be in the big gym which is at the same exact location. Instead of taking a right when you go in the door. Just walk straight. So we’ll be in the big gym tonight.

Clerk will read. [SPEAKER CHANGES] The House Committee on Rules, Calendar, and Operations of the House will meet tomorrow at 11am at 1228/1327 of the Legislative Building. [SPEAKER CHANGES] Further notices and announcements. Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker I move that subject to re-referral of bills and resolutions that the House do now adjourn to reconvene on March the 5th, 2013 at 2:00pm. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative McGrady, subject to re-referral of bills and resolutoins that the House do now adjourn to reconvene on Tuesday, March 5th at 2pm. All in favor say 'aye.' All opposed say 'no.' The ayes have it; the House stands adjourned. [SPEAKER CHANGES] Representative Tim Moore House Bill 17 be withdrawn from the Committee on Rules and recommended to the Subcommittee on Judiciary.