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House | March 13, 2013 | Chamber | Session

Full MP3 Audio File

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care and education was an 87 to 83 Claire audiology state courts relationship but I'm rested the senate or house that any for local tax act some time later, she garden tables on its rising Carlson, has been to the fire on the timecards year 97 delegates are so residents energy browse the only class our house resolution to 80¢ honor its operation hillsides gunners are all the rage of the times it seems west of Miami won the right and the Ross has been to 87 a pretty strong earnings of 16 to separate the ??'s education is able to issue a set may say that city's same house bill 288 scale counter by spending went down the commerce, not if they want these routes and Sunday mornings at the hands of the United States Computer and partner of a record each garment sequence into their house bill to 91 for eight more time the government payroll clients has 257 partly say that 123 of the Pita times I run the system are saying is sex matters we cite us whole sordid tears and riled judiciary subcommittee say personalizes recognizes and 41 partly ?? aren't a lesson in last Monday's issue hasn't been a house bill 45 and have a dual be happy to pay for our house bill 1.580 second year ago, public record time down there some interesting of 1% of county design Federal subsidies that our protection table on your ?? person follows is recognizing what they want partly the city, times a personnel committee has to be sent to not one for housing was a time when many stores are major act should scramble counter ?? person is our Olivas and to recognize and for the report but only ?? presages hour to operate as a subsequent finance committee house are 57 joint action programs of CU support Eileen replace into the subject your operator was a racial deal may substitute bill counter result was able to under ousted 60 transfer of the in call from center property that wasn't the case of the runtime generational database and a pound a result of a World Cup house GOP gain of five men seem resigned on tape was decides to your of a police car or racial deal, we require it has to go in and around Sydney operations result I'm able, representing fighters recognize important they want partly less than 10% time, intelligence and energy committee for most of the arts to set one concern utility times, one of our payroll john house bill 2.3-ship operations and should control of the one million dollars in referral to make the power of the tiled it only refers to the mayor of sorts for each person parties recognize time importantly rising by the writing, formed subcommittee on business and labor house bill 18 see us get cancer prevention act tables for time and there ways dozen shares in possession of a single currency signer westward is the trees and are busy is a sign Cheryl Sigler reason I say the currencies of the galleries in any district attorneys are added a week later, a native reserves are a timely sale was worried if one of the ??.........

Members the Chairman, I'm gonna ask you to do something I don't think we've done before. But the chair would appreciate, we have the screening today. I've done the skin screening today at about 9:45 and that was 45 minutes into the screening process and there have been two or three people who had identified things that they needed to have a doctor look at and referred out and I'm sure there may have been others over the course of the day. The chair would like to ask questions, just press your light momentarily so we can see a cue count up on the board. If you've had a cancer screening over the last six months or today, please turn your light on. Ladies and gentlemen of the house, [SPEAKER CHANGES] Mr. Speaker, suggest the A's and the A's. [SPEAKER CHANGES] The reason I bring that up, there are 120 members. I cannot illuminate my light, but that would add one more. That tells me that only one-third of the members have availed themselves of the screening. I would encourage you to consider either going down there this afternoon if they're still available, or seeing your doctor. They're doing good work for us. On behalf of all the members, the chair would like to extend the courtesies of the gallery to the North Carolina Chiropractors Association, many of them are here today. If you're in the gallery, please stand and let us welcome you. Calender, house bill 45 of ?? [SPEAKER CHANGES] Committee, substitute for House Bill 45. A bill that's been trying to enact providing for an inventory of infrastructures to support robust digital learning in public schools that's recommended by the legislative research commission study committee on digital learning environments in public schools. ?? in North Carolina enacts. [SPEAKER CHANGES] Representative Horne, please state your purpose. [SPEAKER CHANGES] ?? 4th Amendment [SPEAKER CHANGES] Gentleman's recognizing the ?? 4th Amendment, the Clerk will read. [SPEAKER CHANGES] Representative Horne, ?? amend the bill on page one, lines 24 through 26 by deleting section two of the bill and by renumbering the remaining sections accordingly. [SPEAKER CHANGES] The gentleman's recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen, this amendment deals with section two and eliminates section two which is the appropriations portion we're gonna deal with this in the budget process so that we make sure that we fit it into the process properly. I urge you to support the amendment. [SPEAKER CHANGES] Further discussion, further debate on the amendment. If not, the question before the house is the passage of the amendment set forth by Representative Horne for the house committee substitute for House Bill 45. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members wishing to record please do so at this time. Representative Graham. Does this gentleman wish to record? ?? ?? ?? vote. 113 have voted affirmative and none of the negative. The amendment passes. We're now back on the bill. Further discussion, further debate. Representative Cleveland. Further discussion, further debate. Representative Horne, please state your purpose. [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] The gentleman recognizes to debate the bill as amended. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen, this is another in the continuing series of bills that will set this state on the road to a digital environment in our education process. To fundamentally change how we will deliver education in the state of North Carolina. ?? ?? two very important parts to every journey: one part is, you need to know where you're going. Second part is: you need to know where you are in order to determine where you are going and since I'm known for

byte and well start of a flow and they don't share 1/2 as you have the role of seven times are: where: a white 19 ) home a time when of the way for a long -standard four-time when of the legend: what'll happen to have the equivalent of time so-of-state according to the ball where that's time she had a lot once , just to the convention that or harsh measures and network capacity and have been arrested and jailed for a generation of the high time to support the processing credit if not a question for the time is now as a substitute house bill three dozen in a second real as they run the whole President Clinton ?? drive are under a plan to use as a Giordano ?? desires for one who was important timelines of the Amazon and nominated as a substitute house will revise and is presently, Jackson ?? will be readers of Johnson author Lani Jackson is estimated at personalization purpose dryly things that are passed a question of the sponsor personalized audio idea now so, legitimate us at newsmaker on our sale or use their time the Internet isn't the Airport when schools currently getting our service each time half of the expects up like the median age of all I guess my time-climbed a share, in other action ideas and all of the trial showed the other ideas are genuine taking of a lot easier way that we can begin tracking bats are asking fans unhappy, is to determine exactly what your other shuttles are getting the service currently I expect the current scenario question of time in order to gain the information required to build-up, when a cottage ?? shower by ensuring a question many of the available to older either taking credit the session president ?? a question for the house passed time a substitute house will realize it was a real as a mayoral say I always say the asset house bill lee, will be raised the same time as • to partly committee sent to the house bill 114 cents on the contacted by public access to certain resigning on seattle's lease agencies of the editor of the nonprofit institutions of higher education island Johnson of all products for a summit on this bill personalized shares attitudes and currencies the gallery's heard all the reasons for not with all the rate was one of his times in the past a dozen teachers place an onslaught ?? at if the agency got a lot of times and water placed an iris said that Jennifer has made no -speaker, slash in 2005 time the legislature passed a campus police have which allow private, Chinese universities around North Carolina to create a safe to their sense of their own story short time in six days of our resources they were all created a protocol officer ?? ??..............

Universities are exactly like police forces that you have in municipalities or sheriff’s departments or other public institutions, Universities within the University’s system. To date there are about 16 out of some 30 private colleges and universities that have set up police forces. These employees are employees of private colleges or universities and during this time period there were not standards as to what they needed to release in case there were an arrest on campus. So the private, North Carolina private colleges and university group has been working for a number of months now to try to put together a set of standards and has come up with the bill that’s before you, which essentially requires that they release the exact same thing that would be released in one of our public universities or colleges. The committee substitute had just two very minor technical corrections to it, one was a number change and the other was removing the word “infraction” on line 19. It’s a pretty simple bill, passed judiciary with no opposition. There is no opposition that I know of to the bill. What this does is kind of level the playing field, set of standards for public colleges and universities that will be really identical to any other police force agency in North Carolina, so I will be happy to answer any questions. [Change speaker] Further discussion, further debate, Representative Jeter please state your purpose. [Change speaker] To debate the bill [Change speaker] Gentleman is recognized to debate the bill. [Change speaker] I appreciate Representative Ross’s discussion and my point is more global in nature than specific to this bill as I will vote in favor of this bill. I do have very serious concerns about a situation where, if you have a private or public college and I understand this bill, all it does is take private colleges in line with public colleges, but if you get a campus security police force and you arrest someone, arrest by definition in North Carolina law is holding someone against their will if you have the legal right to do so by North Carolina statutes. If you arrest someone on a campus security police, that record under our current statue allows that to become public information to anyone moving forward regardless of whether you are ever indicted, transferred to local enforcement, that types of things. That significantly troubles me. I will say that I think this bill is a good bill in the fact that it puts and even playing field amongst private school and public schools but I am hopeful that we will look at the overarching issue here which is, an arrest should not be sufficient unless you’ve gone to local law enforcement off campus. An arrest in and of its self should not be sufficient for a public document to be released to your name and have that go against you in perpetuity if it never passed the litmus test of going to an actual off campus law enforcement facility an indictment or some sort of issue to that effect. So I know I am being contradictory but now you know what it feels like to be my wife… but it’s one of those things that I think we have to make it consistent and I will vote in favor of this. I think we have to look at this statute as a whole and change the word arrest because I do not think that meets the litmus test for us to release this information as public knowledge. Thank you Mr. Speaker. [Change speaker] Representative Ross please state your purpose. [Change speaker] I thank you for your comments and I somewhat agree with what you’re saying. [Change speaker] Gentleman has recognized to debate the bill a second time. [Change speaker] But really that is another issue. The issue before us today is a bill that is really trying to bring in line and get a set of standards that are equivalent to or very similar to or actually identical to what a public police agency would provide. [Change speaker] Representative Baskerville please state your purpose. [Change speaker] To debate the bill. [Change Speaker] Gentleman has been recognized to debate the bill. [Change speaker] I thank my colleague Mr. Jeter for his remarks mine are in the same vein that there is a provision in the bill, section C, number 3, which requires the campus police department to maintain the records regarding the circumstances surrounding an arrest and I don’t think it would be much of a stretch for them to maintain records regarding …

to those on land just complaints on major violations, whether they were convicted whether the case was thrown out of court, whether they were found guilty. I think it's appropriate to it. we can maintain the represent of the allegations is also order to maintain those records would actually happening with the case lifetimes, eighteen, nineteen, twenty euro cloak of a ER and situations in school and this bill is going to allow anybody to make a request, twenty, thirty years down the line to have access to those teenage mistakes so they can have access to the alleged complaint surveys, they will have access to what actually happened with those cases that reinstate. I am in the similar position with you listed you think is the real and I support it, but it would not be too much of a burden to put in one word regarding conviction or disposition into the thank you [SPEAKER CHANGES] Faircloth placed that your purpose for which I was recognized by Bill may have come along way and in the last few years with the concept of a campus Police Department. it used to be, then a hard security guard constituted the campus Police Department for many agencies now in an cases where they actually create a campus release department. it is in fact under North Carolina law exactly that it has a authority that a public release. agency has caused basically the same practices with perhaps one exception, the practice of policing nowadays gives more latitude to the law enforcement officer owned in the what this is, in years past. we are urging for instance local police officers, and I think I was the please alter the rubber gets on the same advised to look at the situation you're dealing with and see if the best answer is something other than arrest and if it is take that Avenue rather than creating an arrest for the steps we need to take to cut down some of the population in our jails and prisons. I satisfied that within the progress we have made a campus police departments that most of the day of private institutions, if not all are requiring their officers to operate as publicly, soldiers, and to follow the rules and follow the procedures that are necessary if they do in fact arrest somebody. they will take them to the court system, the court system will maintain the same records for them own disposition, and so forth, as is maintained for the municipal police or sheriff 's department, so I feel like this is a good bill. I think it's a step forward. I think it does something else to do in a rare case where an administration and a private college. my own take on a high whatsoever. students may have gotten involved in what's they choose a campus Police Department. they basically have to have a student live in virtually the same climate rest of us live in. you follow the laws you follow the procedures you do with a chant with the college requires of you do with the law requires of you, and I think, imagine a very good way and I hope you sports Bill the discussion from considerable research or just that SR is careful to bear on this gentleman yield guided in your the police, her company. police are these the only duty officers at the campus police are with the death part. maybe you are on the standard standards commission, euthanasia and that anything have to be driving right needs company placement of standards and security cars do not make design standards what do I security cannot make him on the right front. thank you, [SPEAKER CHANGES] further discussion further debate thread about it, not a question of what a house fast to the house may substitute out to one forty two on a second reading on, but I all does not know, but what about what she recorded about one hundred and seventeen

?? None in the negative, the house committee substitute the house bill 142 has passed its second reading and without objection, will be read a third time. [SPEAKER CHANGES] ?? North Carolina [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is the passage of the house committee substitute the house bill 142 on its third reading. All in favor say aye. All opposed say no. The ayes have it. The house committee substitute for house bill 142 has passed its third reading and will be sent to the senate. Ladies and gentlemen of the house, the chair has two groups that would like to recognize in the gallery, and hold your applause till the second ?? motion. Representatives Larry Bell and William Brisson from Sampson County. The chair is happy to extend the courtesies of the gallery to members of the ?? ?? ?? they're in the back of the chamber and upon motion of representatives Larry Pittman, Linda Johnson and Carl Ford from Cabarrus County, the chair is happy to extend the courtesies of the gallery to Cabarrus school board member Rob Walter. Please stand, over to my left. Please stand and let us greet you. Senate bill 36, the clerk will read. [SPEAKER CHANGES] House committee substitute for senate bill 36. The bill that's been trying to enact to make certain technical clarifying and conforming changes to the administrative procedure act as recommended by the joint legislative administrative procedure act oversight committee. [SPEAKER CHANGES] ?? North Carolina enacts. [SPEAKER CHANGES] Representative Murry, please state your purpose. [SPEAKER CHANGES] To send forth an amendment. [SPEAKER CHANGES] The gentleman has recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Murry moves to mend the bill on page one, lines 15-18 by rewriting the lines to read. [SPEAKER CHANGES] The gentleman has recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. This amendment, in the judiciary committee, there was an amendment offered to the senate bill and the amendment got placed in the wrong place. So this just puts the amendment that was offered to ?? committee into the correct place. The amendment, what it does, it makes sure that a description of the procedure by which a person can object to a proposed rule and subject to a proposed rule to legislative review as properly in the correct place. So that's the purpose of the amendment, I'd be glad to yield to any questions. [SPEAKER CHANGES] Further discussion and further debate on the amendment. If not, the question before the house is the passage of the amendment set forth by Representative Murry for the house committee substitute to senate bill 36. All in favor will vote aye. All opposed, vote no. The clerk will open the vote. The clerk will let the machine record the vote. 117 having voted affirmative and none in the negative. The amendment passes. We're now back on the bill. Representative Murry, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. This is to debate the bill. [SPEAKER CHANGES] The gentleman has recognized to debate the bill as amended. [SPEAKER CHANGES] This is what we call a technical correction to the administrative procedures act, it's routine, we do it every year. The technical changes in this one and this particular bill has to do with making sure that ?? parties can select the jurisdiction in which once an ?? administrative law judge makes a ruling on a proposed rule that has been challenged by an individual if the want to appeal that, then that ?? party can file their appeal in the court of their choice under current law it's only Wade County. And so we're allowing that challenge to occur in any court and additionally we are changing the place where the procedure, as I mentioned in the previous amendment, it's going to be on the agencies website containing that information, in addition to the rules reviewed, commission, so those are the main changes the ?? rules. The agency has to notify the ?? rules when a rule is repealed and that's in a couple of different places in the legislation as well. I'd be glad to answer any questions about this riveting subject of the administrative procedures act. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of the house committee substitutes to senate bill 36 is amended. All in favor vote aye. All opposed, vote no. The clerk will open the vote. The clerk will let the machine record the vote. 117 having voted the affirmative and none in the negative. The house committee substitute to senate bill 36 is amended as passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] ?? North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is ??

...passage of the House Committee Substitute to Senate Bill 36 as amended on its third reading. All in favor say aye. All opposed say no. You guys have it. The House Committee Substitute for Senate Bill 36 as amended has passed its third reading. It will be engrossed and returned to the Senate. Ladies and gentlemen of the House, that concludes the Calendar for today. For your planning purposes, we will have session at noon tomorrow but it will be a no vote session. No matters, no vote, no recorded votes will be taken tomorrow. I would encourage you to participate in some of the Committee meetings earlier in the day, but no need for you to be present at session. Representative Martin, please state your purpose. [SPEAKER CHANGES] Moment of personal privilege. [SPEAKER CHANGES] The lady is recognized for a point of personal privilege. [SPEAKER CHANGES] Thank you. I just want to congratulate my seatmate, Steve Ross for his first successful bill passing through the General Assembly. Thank you. Congratulations. [SPEAKER CHANGES] Ladies and gentlemen of the House, the Chair would also like to point out that on Monday we will be meeting in the old Capitol Building. At 6:45 we will hold a session. The Chair doesn't anticipate any votes but, well actually the Chair does anticipate votes, but we will be in the old Capitol Building at 6:45. I'm sure Representative Carney is looking forward to return to her roots...as a Page. [Laughs] Upon motion of the member from Union County, the Chair is happy to extend the courtesies of the Gallery to Doctor Craig Thomas and his son, Alex Thomas. Please stand to let us welcome you. And ladies and gentlemen, the matter that we will take up is the resolution on the Bill of Rights. It is a resolution, we don't anticipate any other votes. Representative Warren, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] The Government Committee will meet tomorrow in Room 643 at 10 AM. [SPEAKER CHANGES] Representative Hurley, please state your purpose. [SPEAKER CHANGES] For an announcement, please. [SPEAKER CHANGES] The lady is recognized for an announcement. [SPEAKER CHANGES] Justice and Public Safety Appropriations is cancelled for tomorrow. [SPEAKER CHANGES] Representative Torbett, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Due to the persistence of our Senate [?? coaches] on Joint Appropriations, evidently they're wanting to sleep in tomorrow so we will not be meeting at 8:30 AM. [SPEAKER CHANGES] Representative McGrady, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The Legislative County Caucus will meet tomorrow morning at 7:45 AM in Legislative Building 425. 7:45, I don't know what kind of attendance we're going to get for that. [SPEAKER CHANGES] Representative McElraft, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The lady is recognized. [SPEAKER CHANGES] Due to our Senate counterparts not sleeping in, we will have an ER tomorrow morning, so as many of you that can be there at 8:30, please be there. Bah. [SPEAKER CHANGES] Representative Jones, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thank you, Mister Speaker. Members, I'd like to call your attention to a handout that should be on your desk, a yellow piece of paper. And it tells you a little bit about the establishment of the Legislative Prayer Caucus. We mentioned this several days ago in thanking the Speaker for recognizing our Prayer Caucus. Our Senate colleagues have done the same, and so this is a joint caucus, it's a nonpartisan caucus. It's modeled after the Congressional Prayer Caucus that was established in 2005. And the Chairs on the House side are Representative Annie Mobley, and Representative Dean Arp and myself. I've also sent you an email, but I'd just have you take a look at this and if you would respond to the email, if you would be interested in being a member of this Prayer Caucus. If you have any questions, let me know. We will have our first meeting, I will just say for your point of making your plans, next Thursday at 7:30 in the morning. And we'll get the details out on that later, so thank you. [SPEAKER CHANGES] Representative Avila, please state your purpose. [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] The lady is recognized. [SPEAKER CHANGES] The Joint Appropriations for Health and Human Services will meet tomorrow at 8:30, Room 643. [SPEAKER CHANGES] Representative Iler, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized.

Recognized. [SPEAKER CHANGES] Due to the no vote session tomorrow and the special session Monday, I need to announce that Tuesday at 12 o’clock, Transportation, the House of Transportation Committee will meet in 643. [SPEAKER CHANGES] Representative Dixon, please state your purpose. [SPEAKER CHANGES] Mr. Speaker, I was in the chamber and wish to be recorded as voting yes on House Bill 45. [SPEAKER CHANGES] The gentleman will be recorded as having voted yes. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Saine, please state your purpose. [SPEAKER CHANGES] Point of announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The House IT Committee will not meet tomorrow morning. [SPEAKER CHANGES] Representative West, please state your purpose. [SPEAKER CHANGES] Announcement, Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] I just want to remind everyone that the dead ham breakfast will be tomorrow morning from 7 to 8:30 in the cafeteria. Fried oysters. [SPEAKER CHANGES] What time was that? [SPEAKER CHANGES] 7 to 8:30 in the morning. [SPEAKER CHANGES] Representative Larry Harry, please state your purpose. [SPEAKER CHANGES] Announcement, Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Democratic Caucus will meet for 15 minutes after session this afternoon in1425 for 15 minutes. Please be there, thank you. [SPEAKER CHANGES] Representative Starnes, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] The Republicans will meet immediately after session for a closed door session in the auditorium. Please be on time. [SPEAKER CHANGES] Representative Boles, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] On behalf of the Justice of Public Safety Committee, if anyone is in town tomorrow if you’re interested they’re taking a tour of Central prison at 2:30, and you’d need to be there at 2:20 on Western Boulevard. Thank you. [SPEAKER CHANGES] The House will come to order. Representative Howard, please state your purpose. [SPEAKER CHANGES] To make an announcement. [SPEAKER CHANGES] The lady is recognized. [SPEAKER CHANGES] Thank you, Mr. Speaker. Next week, House Finance will meet on Tuesday at 8:30, that is a change of the date normal so mark your calendars at 8:30 on Tuesday, I believe that’s the 19th. We’ll be in room. 544. [SPEAKER CHANGES] Further notices and announcements. Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, subject to your re-referral of bills and resolutions and receipt of Committee Reports move that the House do now adjourn to reconvene on Thursday March the 14th 2013 at 12 o’clock noon. [SPEAKER CHANGES] Representative Moore moves, seconded by Senator Stephen Ross, subject to the re-referral of bills and receipt of Committee Reports that the House do now adjourn to reconvene Thursday March 14th at 12 p.m. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say no. The ayes have it. The House stands adjourned.