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House | April 17, 2013 | Chamber | Session

Full MP3 Audio File

The House will come to order. Members please take your seats, visitors please retire from the chamber. Members and visitors of the gallery, please silence all cellular phones and personal electronic devices. The prayer will be offered by Representative Ken Goodman. Members and visitors of the gallery, please stand and please remain standing for the Pledge of Allegiance. [SPEAKER CHANGES] There is probably no saint more revered and well known in all of Christian history than Saint Francis of Assisi. Today, Christians and many non-Christians alike celebrate the life and legacy of this medieval Italian man who is known the world over for his exemplary life of holiness and model of peaceful living he leaves to us nearly 800 years after his death. There is also probably no Christian prayer more popular, with the exception of the Lord’s Prayer, than the one that bears the name of this saint from Assisi. The Prayer of Saint Francis: Lord, make me an instrument of your peace. Where there is hatred, let me sow love. Where there is injury, pardon. Where there is doubt, faith. Where there is despair, hope. Where there is darkness, light. Where there is sadness, joy. Oh Divine Master, grant that I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love. For it is in giving that we receive. It is in pardoning that we are pardoned. And it is in dying that we are born to eternal life. Amen. [SPEAKER CHANGES] I pledge allegiance to the flag of the United States of America. And to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. [SPEAKER CHANGES] Representative Moore is recognized. [SPEAKER CHANGES] Mr. Speaker, the journal for Tuesday, April the sixteenth has been examined, found to be correct, and I believe its approval is ready. [SPEAKER CHANGES] Representative Moore moves that the journal for April sixteenth be approved as written. All in favor, say aye. All opposed, say no. The ayes have it. The journal is approved as written. District, memorials, or papers, address the assembly of the House, ratification of bills and resolutions to (Corporal Reives/Reed??) [SPEAKER CHANGES] The enrolling clerk reports the following bills be ratified for presentation to governor: Senate Bill 122, an act that will add the offense of human trafficking to the list of criminal convictions that require registration on sex offender and public protection registration program. Senate Bill 148, an act that exempts the bonding of corrugated stainless steel tubing gas pipe system from licensing requirements under the laws pertaining to electrical contractors, and the following bill ??...?? State House Bill 224, an act to make various amendments to chapter 160A of the general statutes with respect to the city of Asheville. [SPEAKER CHANGES] Chapter Bills be noted. Ladies and gentlemen of the House, the Chair would like to recognize and thank the nurse of the day. The nurse of the day is Karen Lemmons from Asheboro. Karen, thank you for your service. Ladies and gentlemen, the Chair would also like to recognize two school groups I believe that we have in the gallery today. Let me introduce both before we welcome them. One is a group of elementary students from Jamesville Elementary in Jamesville. The other group is a group of fifth graders from Williford Elementary, a school in Rocky Mount. I’d like to welcome the students, the teachers, and the parent chaperons who have joined us today, please stand and let us welcome you. And ladies and gentlemen, before we go to committee reports, a fairly lengthy list, the Chair would also like to extend-

a courtesies of the gallery on behalf of Representatives Iler and Hamilton from Brunswick County, and Representative Harry Warren. Two groups, a civics and government class from South Brunswick High School, the instructors [Genie Bryan and Greg Bland?]. Another group. Along with [Dr. Michael Mitzer?] and students from Catawba College. Please stand and let us welcome you. Reports of standing committees and permanent sub-committees, Representatives Collins, Representative Collins is recognized to send forth the committee report. The clerk will read. [SPEAKER CHANGES] Representative Collins for the State Personnell Committee, House Bill 176 Charter School Election, favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] House Bill 402, Tricare Supplement for Flex Accounts, favorable and re-referred serially to Appropriations. [SPEAKER CHANGES] House Bill 402 is rereferred to the Committee on Appropriations. Representative Blust is recognized to send forth committee report, the clerk will read. [SPEAKER CHANGES] Representative Blust, the Judiciary Subcommittee A, House Bill 543 MDA-, MHDDSA Providers as Uncompensated Guardians, favorable. [SPEAKER CHANGES] The bill will be rereferred to the Committee on Health and Human Services. Representative William Brawley is recognized to send forth committee report, the clerk will read. [SPEAKER CHANGES] Representative William Brawley for the Regulatory Reform Subcommittee on local government, committee substitute number one for House Bill 200 Require Certain General Reappraisals, favorable and serially referred to Finance. [SPEAKER CHANGES] Committee substitute number one for House Bill 200 will be rereferred to the Committee on Finance. [SPEAKER CHANGES] House Bill 266 Standards for [submesary?] stock purchases, favorable as to the committee substitute, unfavorable as to the original bill and serially referred to Rules calendar operations of the House. [SPEAKER CHANGES] The committee substitute for House Bill 266 will be rereferred to the Committee on Rules, calendar operations to the House. Original bill unfavorable calendar. Representative Hollo, Jones are recognized to send forth a report. The clerk will read. [SPEAKER CHANGES] Representatives Hollo and Jones for the Health and Human Services Committee, Senate bill 240 Develop Rules for Release of Path Materials, favorable as to House Committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] House committee substitute bill calendar, original bill unfavorable calendar. Representatives Langdon and Dixon are recognized to send forth committee report, the clerk will read. [SPEAKER CHANGES] Representative Langdon and Dixon for the Agricultural Committee, House Bill 517 [Rockham know?] Right Away, Spotlighting, favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] House Bill 584, Suspend Truck Inspection Severe Weather, favorable as to committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar, original bill unfavorable, calendar. Representatives Johnston and Langdon are recognized to send forth committee report. The clerk will read. [SPEAKER CHANGES] Representative Johnston and Langdon for the Education Committee House Bill 587. OCS, ECS Exemption from ACT, favorable as to the committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee Substitute bill calendar, original bill unfavorable, calendar. [SPEAKER CHANGES] House Bill 588, Public School Report Flexibility, favorable as to the committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar, original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 269, Children with Disabilities Scholarship Act, favorable as to the committee substitute, unfavorable as to the original bill and serially referred to finance. [SPEAKER CHANGES] Committee substitute bill will be rereferred to the Committee on Finance, original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 719 Education Improvement Act of 2013, favorable as to the committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute bill calendar, original bill unfavorable calendar. Representatives Howard, Brawly, Lewis and Setzer are recognized to send forth committee report, the clerk will read. [SPEAKER CHANGES] Representatives Howard, Brawley, Lewis and Setzer for the Finance Committee, House Bill 248 Tax Payer Debt Information Act, favorable as to the committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee substitute calendar, original bill unfavorable calendar. [SPEAKER CHANGES] House Bill 449 State Contracts Furniture, favorable as to the committee substitute, unfavorable as to the original bill. [SPEAKER CHANGES] Committee Substitute bill calendar, original bill unfavorable, calendar. [SPEAKER CHANGES] Committee substitute number one for House Bill 409 [Shelby?] Deannexation, favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] Senate bill 56 [Wally?] Satellite Annexations, favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] House Bill 336 favorable and serially referred to Appropriations. [SPEAKER CHANGES] House Bill 336 is re-referred to the Committee on Appropriations. [SPEAKER CHANGES] House Bill 135 adjust

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Information about healthy pregnancies and birth defects. Resources such as Healthy Mom, Healthy Baby, and a smartphone application that includes health information and a journal is available. Colleagues, when I was just a young lad, my mom was one of the moms that marched with the March of Dimes from house to house, taking up dimes. And I went with her, and I really enjoyed that job because I got to count the dimes. I’ve been fortunate enough as an adult to be on the board of the March of Dimes, a wonderful organization. And this is a very important year for them. I ask for your support in joining me in recognizing the March of Dimes with this resolution, for their 75th anniversary. Thank you very much. [SPEAKER CHANGES] Representative Gill, please state your purpose. [SPEAKER CHANGES] To speak on the resolution. [SPEAKER CHANGES] The lady is recognized to debate the resolution. [SPEAKER CHANGES] Thank you very much. I belong to a sorority called Zeta Phi Beta Sorority, Incorporated. And we have partnered with the March of Dimes for the past 50 years, to help promote pre-term, I mean to reduce pre-term births, through their prematurity campaign. And our project is called Healthy Babies, and every year we have throughout North Carolina, Bowling for Healthy Babies to raise money for March of Dimes. So I commend this resolution to you. [SPEAKER CHANGES] Representative Carney, please state your purpose. [SPEAKER CHANGES] To speak to the resolution. [SPEAKER CHANGES] The lady is recognized to debate the resolution. [SPEAKER CHANGES] Thank you Mr. Speaker. Ladies and gentlemen, when I shared with you about one of my grandmothers when we honored the grams, and I have another grandmother that was afflicted with polio. And I only knew her as a bedridden woman with crippled legs. But what an amazing woman. But I also was one of those elementary school students who had my little book and collected the dimes and turned them in and was excited the year I was asked to chair for my class, collect all the books and go count them in the principal’s office. But I want to share with you what the March of Dimes has done with infant screening. They were the pioneer in our newborn screenings. I want to share with you, we voted in this chamber on a bill and all of you to me are pioneers in this effort of newborn screening for our ?? bill. And Representative Fulghum was the lead on that, Representative Murray was one of the sponsors. But we too are pioneering in that field of heart screening for newborns, so I commend the March of Dimes for all that it has done for our newborns and for our youth and I commend the resolution to you. [SPEAKER CHANGES] Representative Jeter, please state your purpose. [SPEAKER CHANGES] To speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] I was one of those children that y’all went out and collected dimes for. I was born with a cleft lip and palate, and have had 30 operations, which makes me question the ability of modern medicine if this is the best they can do after 30 surgeries. [LAUGHTER] It’s not funny. [LAUGH] But you know, it’s interesting. I’ve had 30 operations and when I was born in 1973, there was a, the March of Dimes was influential to my family in helping us pay for some surgeries. There was a big argument of at that time whether or not you fixed cleft lip and palate with a prosthetic or what was called a phalangeal flap. At that point, the common practice was the prosthetic, which led to speech problems and March of Dimes and my mom got together and decided that they didn’t want me to have a problem talking. So I apologize about that too. [CHUCKLE] But without the March of Dimes, my life would have been dramatically different. Without the people that Representative Lambeth, Carney and Gill referenced that have walked and collected those dimes, my life would have been different. There’s been no resolution or bill that’s had more of an impact on what’s had an impact on me, than what we’re about to vote on today and I strongly commend the resolution. [SPEAKER CHANGES] Representative Graham, please state your purpose. [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you Mr. Speaker. Members, I’m standing in support of this resolution. I’ve had the opportunity over my career to work with youths as they were coming into our public school system, as young babies, three year olds that obviously were

him, March of Dimes and inexperienced to professionalism and advocacy, the March of Dimes, the March of Dimes have provided for those children as the parents were in one of children in the public school system in need of services were professional and strong organization or a strong advocacy organization. they do a great job to support her carbonate is no youth and a solid, committed rampant resolution thanking [SPEAKER CHANGES] Further discussion further debate not question for the house 's adoption of House resolution one ninety eight. all they were not at all opposed another gargoyle about our club should record about one hundred and ten, adding that an affirmative nod and a negative house resolution one ninety eight, has been adopted. it will be waterfront licensed another house,upon motion of representative Lambeth percentage eater, half of all members of this body jet is here that the chappie that the chair is happy to extend the courtesies of the gallery to March of Dimesrepresentatives David Ferrell the Eastern Carolina division board chair Patti Celestin E Stephanie Gladney, Nancy done partisan Kathryn Housman on Handelsman, Diana Mahoney, ShannonMoorehead, Amy Mullinax, Betty Murchison ourselves. Mary and Tiffany wisely said, was walking near thank you for your service him house bill two eight three you don't bring it on an act amending the home owner and home buyer protection act Johnson of North Carolina and act serves and is amply state your purpose built the Germans recognize the right bill [SPEAKER CHANGES] the House six cents as the dog does mention the ones that most questions written about up at three or four years ago this off our motor home. our protection act was enacted the new basically deal with home foreclosure rescue scams, problems with autistic purchase contracts were executed with lease agreements and contracts for me and this, this revises that some of in several particulars of section one makes clear what were talking about a better option contract or contracts used to be a real estate agent or broker 's will know that in the old days you could tell a contract from an option and they really made it. they really were different, but the today of so many contracts are really options, but because of the number of contingency that have said this just makes clearwhat kind of options were talking about sections two and four. take out the per se treble damages and attorneys fees, which is almost unprecedented. the have that where you don't actually prove awillfulness or intent. now, in these cases, you can still get treble damages and attorneys fees, but only if you go according to the normal rules of chapter seventy five of the most questions I've gotten section three because it talks about a and especially real estate agents may want to know this. it talks about a residential completed resident property disclosure statement and if you bought or sold house last figure seeing that you were to question yes no I won't fail and want people to want to this particular one only applies for contracts would be not your typical United, you may have had the thousand of real estate deals and not a single one. uncle was a contractor be aware that the contractor be the buyer. hey all or most of the money before the war, the buyer gets time for the land so there is hope that no of the Noah headed war they pay all that money and what I have inspections done. what's wrong with the property, and that's a big late entry for the questions and exit is an amazingly sacred purpose is a graph who are present as Amazon and you'll added German yields representative spam, following our conversation about our

Solar sub agency, dual agency, designated agency with the issues that we would have as a judiciary duty. Would you object if I objected a third reading today, so we can iron that issue out? [SPEAKER CHANGE] I wouldn't object at all. As a matter of fact, it would give me the chance to make another speech tomorrow. [SPEAKER CHANGE] Okay. [SPEAKER CHANGE] Follow up. [SPEAKER CHANGE] Does the gentlemen yield? [SPEAKER CHANGE] The gentleman yields. [SPEAKER CHANGE] Would you make that speech short please? [SPEAKER CHANGE] Yes. [SPEAKER CHANGE] Representative Terry, please state your purpose. [SPEAKER CHANGE] To ask the gentleman a question, if I may please. [SPEAKER CHANGE] Representative Stam, does the gentleman yield? [SPEAKER CHANGE] I yield. [SPEAKER CHANGE] The gentleman yields. [SPEAKER CHANGE] Thank you very much sir. Representative, does this have any impact at all on the reverse mortgage market? [SPEAKER CHANGE] Not. I don't know. Well, no it does not. [SPEAKER CHANGE] ?? [SPEAKER CHANGE] Further discussion, further debate. If not the question before the house is the passage of the house committee substitute to house bill 203 on it's second reading. 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. Representatives Terry and Cunningham. The clerk ?? record the vote. 111 have voted in affirmative, 1 in the negative. The house committee substitute for house bill 203 has passed it's second reading and will remain on the calender. House bill 272, the clerk will read. [SPEAKER CHANGE] Committee substitute number 2, for house bill 272, a bill ?? enact to provide that interest on a ?? award shall be paid from the date of taking until the date that the judgement is paid, and authorize the defendant in such an action to recover attorney fees and cost, if the judgement exceeds the deposit by 25% or more. General Saine of North Carolina, Indianapolis. [SPEAKER CHANGE] Representative Jackson, please state your purpose [SPEAKER CHANGE] To speak on the bill [SPEAKER CHANGE] The gentleman is recognized to debate the bill. [SPEAKER CHANGE] Thank you, speaker. Ladies and gentlemen, this bill is gonna attempt to address what many of us who have practiced in this area of law believe is DOT's current practice of not depositing just compensation when they condemn property. In 2012 in fact, every jury verdict throughout the whole state exceeded by more than 25% of DOT's deposit. With an average jury verdict of an additiona. 637%. This bill, and there is a fiscal note and I'm reading from that because the summary has been updated since yesterday's committee reading. Section one of the bill requires interest on DOT condemnation award be paid from the date of taking to the date the judgement is paid. That's currently how every other debter, judgement debter is treated ?? the interest is figured until the court house receives the check and the clerk has deposited the funds. Currently DOT is treated a little bit different, and so if they delay 30, 60, 90 days of sending that check to the clerk's office the property owner is not getting interest on that amount, and so section one would just treat DOT like everybody else. Section two of the bill authorizes the court, in a condemnation case, toward a reasonable attorney fee, appraisal fee, and engineering fee, if the final judgement obtained by the landowner exceeds the amount of the initial deposit by 25% or more. The attorney's fees are not to exceed one third of the difference between the original deposit and the judgement amount and of course that will be up to the judge's discretion. Like I said earlier, there is a fiscal note. I wanna thank fiscal staff for turning it around from yesterday's transportation committee so quickly. There's no fiscal impact for the next two years. The fiscal note shows up minimal impact for the following two years, and then beginning in 2017, 18, there's a fiscal impact estimated between four hundred and sixty five thousand and three point four million dollars. From the fiscal note, there's a provision I wanted to read to you because this summarizes how the bill sponsors feel about this. "There's a disagreement exists as to whether this agreement will increase or decrease the number of jury trials. Incurring the additional costs of fees may encourage the DOT to increase settlement offers and avoid trial", and that's hopefully exactly what will happen. The DOT will make a fair offer to the property owner, they'll settle the case, and they'll never have to get a lawyer, and so attorney fees won't have to be awarded and that's what we hope happens here.

...deal has been thoroughly vetted, in both Judiciary B and House Transportation. So I would ask for your support. Mr. Speaker, I believe Representative Stam might have an amendment, and I'd ask for the support of the body on that vote. The Speaker Pro Tempore: Representative Stam, for what purpose does the gentleman rise? Rep. Stam: To offer an amendment. The Speaker Pro Tempore: The gentleman is recognized to send forth an amendment. The Clerk will read. Clerk: Representative Stam moves to amend the bill on page 1 line 17 by adding the designation. The Speaker Pro Tempore: The gentleman is recognized to debate the amendment. Rep. Stam: Mr. Speaker, Members of the House, of course, I support the bill itself. The amendment is purely technical. Staff came to me and said the way this was formatted in handwriting in committee yesterday is not the way we'd like to see it in the statutes. There's no substantive change in the amendment. The Speaker Pro Tempore: Further discussion, further debate on the amendment. If not, the question before the House is the passage of the amendment sent forth by Representative Stam for the House committee substitute number 2 for House Bill 272. 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, none in the negative, the amendment passes. We're now back on the bill. Further discussion, further debate. If not, the question before the House is the passage of the House committee substitute to House Bill 272 as amended, on its second reading. 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. 110 having voted in the affirmative, 1 in the negative, the House committee substitute number 2 for House Bill 272 as amended has passed its second reading and without objection will be read a third time. Clerk: General Assembly of North Carolina enacts. The Speaker Pro Tempore: Further discussion, further debate. If not, the question before the House is the passage of the House committee substitute number 2 for House Bill 272 as amended, on its third reading. All in favor say aye, all opposed say no. The ayes have it. The House committee substitute number 2 for House Bill 272 as amended has passed its third reading. The bill will be engrossed and sent to the Senate. Representative Moore, please state your purpose. Rep. Moore: Motion pertaining to today's Calendar. The Speaker Pro Tempore: The gentleman is recognized for a motion. Rep. Moore: Mr. Speaker, I move that House Bill 10, short title is remove route restriction is removed for NC 540 Loop be removed from the Committee on Rules and placed on the Calendar for immediate consideration. Rep. Luebke: Mr. Speaker. The Speaker Pro Tempore: Representative Luebke, please state your purpose. Rep. Luebke: Will Representative Moore yield for a question? The Speaker Pro Tempore: Will the Representative yield? Rep. Moore: I do. Rep. Luebke: Can you explain the urgency of why we have to add this to it today, as Calendar, instead of waiting for tomorrow so that we'd have more notice? Rep. Moore: It's just going to be a motion not to concur with changes the Senate made; that's it. Rep. Luebke: Thank you. The Speaker Pro Tempore: Without objection, so ordered. House Bill 10. The Clerk will read. Clerk: Senate Substitute for House Bill 10, a bill to be entitled an Act to remove the restriction on the Turnpike Authority's selection required location for the southeast extension project for North Carolina 540, to set forth a new prioritization process for selection of future Turnpike Authority projects, and to remove authorization from three projects of the Turnpike Authority's. The Speaker Pro Tempore: One moment, we're changing the question; this is a motion to not concur. The gentleman is recognized to debate the motion. Representative Moore: Mr. Speaker, I rise to move that we not concur with the Senate committee substitute for House Bill 10 and request that conferees be appointed. The Speaker Pro Tempore: The House will be at ease. (Strike the request.) The gentleman has withdrawn his motion; the gentleman is recognized to restate a motion. Rep. Moore: Mr. Speaker, I rise to request that we not concur in the Senate committee substitute for House Bill 10. The Speaker Pro Tempore: Further discussion, further debate on the motion. If not, the question before the House is the motion to not concur in the Senate committee substitute for House Bill 10. All in favor vote aye; all opposed vote no. The clerk will open the vote.

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representative brolly had a stress test today and he is awaiting the results to that and hopes to be released later this afternoon then the final announcement is that we will have to call this 15 minutes after this session today further notices and announcements the park will read the house committee will meet right after the session in 12281327 of the legislative building legislative more please state your purpose i got a series of motions here this is going to be a motion to renew the bill from the calendar strike that to remove the bill from committee this is the house chart 514 this is the resolution honoring former representative p cumming-ham to remove the committee on the house of bills place on the calendar may 7th with respect from the voter house bill 589 to add the following serial referrals and for elections for today to add a serial referral to finance and then favorable to preparations members were going to have to were going to have a rules committee immediately after session down stairs in 1228 its to do more committee bills it should be pretty quick because we have to be at a committee 15 minutes after the session so i ask members please be prompt it wont take very long no controversial bills or anything to move on and if members could be on in time to the election i would appreciate that also further notices and announcements Representative more is recognized Mr speaker subject to receded of committee reports and re referral of bills and resolutions i believe that the house returnee and reconvene on Thursday April 18th 2013 at 1pm representative more moves west and subject to committee reports and referrals the house to returnee to the house April 18th 2013 at 1pm all in favor say i all appose say no the eyes have it the house stays ajurn