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Senate | June 25, 2013 | Committee Room | Finance

Full MP3 Audio File

welcome to our Sergeant at Arms on staff today. Ernie Sheryl, Canton Lewis, Justin Owens, Ed Kessler, and Steve McCone. Our pages today, we'll run through the pages all the signed and show this through them. Areve Shewston from ?? Senator Raymond. McKenzie Lancer Burlington, Senator Gunn. Ann Marujo, Greensborough, Senator Berger, Candy Holland, Greensborough, Senator Berger. Welcome. Matt Murphy ?? we got a hyphenated name there is that right, out of Durham. Senator Woodard. Can Knowlen, Charlotte, Senator Clodfelter. Trip Cali, from Davy, Senator Brock, I guess that's Davy County, maybe not. Mark Damacon the 2nd from Enfield, Senator Bryant. Welcome. Keep your ears wide open we're going to move through this pretty quickly today. I hope you see good government at work. Members we have a pretty hefty calendar today so we're going to move through it rather rapidly. Please pay attention. If you have questions makes sure they're germane. As we go forward please let's get the answers that we need

properly ?? and move along. Our first bill today will be House bill 409, Shelby de-annexation. Representative Moore. [SPEAKER CHANGES] Thank you Mr. Chairman, members of the Committee. This is a bill requested by our county commission. Our city council in Shelby requested a de-annexed piece of property sent to ?? in agreement on. [SPEAKER CHANGES] And I hope the Durham delegation - [SPEAKER CHANGES] Thank you Representative Moore. Good job, we have a motion from…yes Ma'am. You are recognized. Senator ??. [SPEAKER CHANGES] Thank you. Mr. Chair, I need you to recluse myself from commenting or voting on this bill. [SPEAKER CHANGES] Thank you Senator is recognized as not taking part in this bill. Senator Tillmann. Thank you. There's a motion for a favorable report from Senator Tillmann. Any discussion or debate? Hearing none, all those in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed No. Ayes have it, motion carried, then who's going to run it? Thank you. House Bill 334, Bunkham County Sale Tax Use Expansion Representative Ramsey. [SPEAKER CHANGES] This is a PCS, we need a motion to entertain the PCS please. By Senator Brown, all in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed? Motion carries you have the floor. [SPEAKER CHANGES] Mr. Chairman and members of the Committee thank you so much. This is a PCS centered ?? came up with some very good suggestions so we incorporated his recommendations and I think everyone's in agreement, the county the school system would be welcome to any questions committee may have. [SPEAKER CHANGES] Members, questions? Or debates. Senator Tillmann. [SPEAKER CHANGES] I believe this is a bill that Senator ?? called me about and tell me exactly what you're trying to do by I remember parts of it, this may not be the same bill but I believe it is. Could you explain a little bit more about what it does. [SPEAKER CHANGES] Yes sir [SPEAKER CHANGES] Schools were involved in this. [SPEAKER CHANGES] Yes sir they were. The initial bill Malcolm county in 1983, is called article 39. A portion of our sales tax is dedicated for K12 construction projects in the state. The initial bill would have allowed them to use some of those funds for digital education beyond just bricks and mortar. Upon consulting with Senator Nesbitt and leadership of our school system we feel perhaps we found a better way. Our county has 5 million dollars in undesignated lottery funds that they currently cannot use for anything but bricks and mortar projects. The article 39 finding is more than sufficient to provide any of the capital needs of our school system so what this PCS does would allow them to use that money on a one time basis so this is not money that will be accumulated in the future, for digital education porpoises, Senator. [SPEAKER CHANGES] I understand. [SPEAKER CHANGES] Further questions?

Thank you, Mr. Chair. I know this is a good compromise and I've told Representative Ramsey it's been awhile since we got together on something down here in Raleigh and his presence his welcome. [SPEAKER CHANGES] Thank you. Hallelujah. [SPEAKER CHANGES] Do I hear motion for favorable report? Thank you. We have a motion from Senator Curtis. Favorable to the PCS, unfavorable to the original. All those in favor say aye, opposed no. Ayes have it. Motion carried. Who will be running this on the floor? Senator Nesbitt? OK. And do you have another bill? Are you going to run? House Bill 418. If you would, please, sir. This is a PCS also. A motion to hear the PCS, please. Motion by Senator Curtis. All in favor say aye, opposed? Motion carries. You have the floor, Representative Ramsey. [SPEAKER CHANGES] Thank you, so much, Mr. Chairman. Senator, members of the committee, this is a bill that will allow our county to enact a parks and recreation authority and it's requested by the county government and I would ask the committee to support that. It does not involve additional taxing authority for the county. It just allows them to place parks and rec cultural facilities in this authority and their hope is within several years they'll be able to incorporate municipalities in the county in this, as well. [SPEAKER CHANGES] Thank you. Senator McKissick. [SPEAKER CHANGES] Quick question. Is everybody on board with this bill and secondly, I notice there was language in here saying that the county can transfer employees to the authority and they would no longer be subject to the Buncombe County personnel ordinance. I take it county employees are OK with this, too? I mean, what kind of protections are they losing? [SPEAKER CHANGES] First, the county does support this and has requested that this bill be passed in its current form. Certainly, as far as the employees, one of the reasons the county had asked for the two year time period was to get the authority up and running and to address their employee situation. They're not contemplating terminating any employees. They would still be included in the local government retiree system, so they'll have to just transition them to just to that entity. The only controversy in our community regarding this bill is City of Asheville, perhaps some other municipalities wanted to join this at this time and this bill, as written, does not provide for this at this time, but it would allow for that in two years. [SPEAKER CHANGES] Thank you, Representative Ramsey. I'm sure you have a follow up, Senator McKissick. [SPEAKER CHANGES] Quick follow up. So the delegation of Buncombe is all on board with this, or? [SPEAKER CHANGES] Certainly. It passed the House unanimously. The PCS was at the request of the county. So the county is asking us, they're trying to do their budget right now and so they would like to be able to proceed and go forward. Certainly, Senator Nesbitt's here and Representative Fisher, I think understand the dynamic in our community. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Thank you. Senator Nesbitt? [SPEAKER CHANGES] Yes, Mr. Chairman. And I think yes, I'm in concurrence with it. The city wanted to be included but they thought the county was going to increase tax rates about two or three cents to pay for all their facilities. It ain't going to happen. So this lets the county move ahead. The votes just aren't there on county commission right now, I don't think, to pay for city services. So I think this allows them to move ahead and then the city can move into it and hopefully they can make peace over time. [SPEAKER CHANGES] Thank you. Senator Soucek? [SPEAKER CHANGES] Sorry. I'm looking at the 7 cents per $100 tax. It says that they currently have the authority to do this? What does this bill actually authorizing? Just where it's dedicated? Can't they make, are we giving them the authority to do something they don't have the authority to do right now? [SPEAKER CHANGES] I would defer to staff. It would be my contention that they can do much of what's in this bill under existing law but there is a provision that would allow, and the reason the 7 cents number was mentioned, that's a cap. Currently, the county commissioners have a taxing authority, I think, up to a dollar and a half and so this is not expanding their existing taxing authority in Buncombe County. But we currently have fire districts, city school district, that you have a separate tax itemized on your tax bill. And so this bill would allow the county to dedicate existing funding to that parks and rec feature, but at the end of the day, the county has fiscal responsibility. We're not giving them authority to raise taxes or cut...

...taxes, any more than they currently have. [SPEAKER CHANGES] Thank you. ?? The county has authority to levee taxes for Parks and Recreation but that would be subject to the county's ability to amend the (ph)organs during the fiscal year. If it was a levee it was a separate tax under this bill and the commissioners could not move that money during the year or any time in the future to some other purpose. It would be... It would be allocated specifically for that purpose and could not be transferred to some other county function. [SPEAKER CHANGES] Thank you. Do I hear a motion to head out? Thank you. Motion from Senator Woodard to adopt P.C.S., favorable to the P.C.S., unfavorable to the original; all in favor, say, "aye." [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] You guys have it. Thank you sir, and who will be running this? [SPEAKER CHANGES] ?? Senator ?? . [SPEAKER CHANGES] Thank you. Our final local bill will be House 404, Representative Steinberg. While he's coming up, Senator Sanderson, do you have someone you'd like to review today? [SPEAKER CHANGES] Frankly, I ?? Senator ?? my grandson, Caleb. [SPEAKER CHANGES] Take a vow. Welcome to the Senate. [APPLAUSE] Representative Steinberg. ?? [SPEAKER CHANGES] I thank you, Mr. Chairman. The bill in front of you now is House Bill 404 and it can be best described very simply in its summary: House Bill would authorize Camden County to bill storm water fees in the same manner as property taxes and handle non-payment instances as well. [SPEAKER CHANGES] Thank you, Representative. [SPEAKER CHANGES] OK. Good. [SPEAKER CHANGES] We have a motion from Senator Hise. Senator Hise. [SPEAKER CHANGES] Mr. Chairman. [SPEAKER CHANGES] Senator Brown, sorry. [SPEAKER CHANGES] So, they can foreclose on real property now and collect these fees? Is that correct? [SPEAKER CHANGES] If it's... If it can be done as it relates to everything else and these other counties have already... We, we've passed this for these other counties. You can see in the ?? of other municipalities who already have this. The answer to that would be, "yes." [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] It's not a precedent. [SPEAKER CHANGES] Of the questions? [SPEAKER CHANGES] Senator Hise. [SPEAKER CHANGES] Move for favorable report. [SPEAKER CHANGES] Motion for favorable report from Senator Hise, is there any more discussion or debate? All those in favor, please say, "Aye." [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] No. [SPEAKER CHANGES] Aye, to have it, motion carried, and who will be running... [SPEAKER CHANGES] Thank you, Senator, Senator Crook, Please, Senator Crook. [SPEAKER CHANGES] He will be running for Senator. Thank you. [SPEAKER CHANGES] Your welcome. Thank you. Appreciate it. [SPEAKER CHANGES] OK. We're going to move to the public bills. Senate Bill 488, Men Nursing Home Administrative Fees. Senator Tucker. One more call, Senator Tucker. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] You're welcome. ?? [SPEAKER CHANGES] Thank Mr. Chairman and members of the committee. This is a bill that amends the Nursing Home Administrators' Act and fees. Mr. Chairman, do you want me to explain it? [SPEAKER CHANGES] That's why you're here. [SPEAKER CHANGES] Alright, thank you. Currently to change... Currently the change in this bill requires a four year degree for licensure for Nursing Home Administrator. Those that have an Associate degree with five years of nursing experience can still apply and be granted licensure. All those people who do not have four year degrees or two year degrees and or currently involved in the nursing home industry as a manager can continue on; they're grandfathered in. It allows them to change some fees up to: The sudden ?? fees are gonna be changed right away, fees have not been changed since 2004, so they're requesting that we go through with this bill and do that and I'm be glad to answer any questions. [SPEAKER CHANGES] Thank you sir Tucker. Are there any questions from the committees? Senator Raben. Senator Raben moves for a favorable report. Is there any discussion or debate? Hearing none, all those in favor of the motion please say, "Aye." [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, "no." You guys have it. Motion carried. [SPEAKER CHANGES] Thank you, Mr. Chairman and the members of the committee. [SPEAKER CHANGES] Thank you, sir. Senate Bill 640, No Income Tax Withholding on an H2A workers. Senator Jackson. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Members of this committee, this is actually a test to... [TRANSCRIPT ENDS]

...see if I can get a 1 page bill passed without containing 40 something pages. No, in all seriousness, this is an issue that arose last session with our Department of Revenue. When the H2A's were required several years ago to get I10 numbers, and then they were later required in the last couple of years to get social security numbers, that's when it became an issue for the North Carolina Department of Revenue as a grey area. The federal law does not require any withholding because these are all contractual employees. Each is given a contract. So federal law requires no withholding whatsoever on these but because of them having a social security number, there is a little grey area in our State code and I worked with Secretary Hall at the time and have also worked with the current secretary and this is something that we recommended needed changing and so I would appreciate your support and will be glad to answer any questions. [SPEAKER CHANGES] Thank you, Senator Jackson. Senator Allran? [SPEAKER CHANGES] Thank you, Mr. Chairman. If we pass this then is there then a blanket provision that if you're an illegal alien working that you don't pay these income taxes? [SPEAKER CHANGES] Senator Allran? First of all H2A workers are not illegal aliens. They're here with a passport and a work visa for a duration of time. So no, this has no bearing on illegal aliens. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Further discussion? Senator Brown? [SPEAKER CHANGES] Thank you, Mr. Chairman. Senator Jackson, I know they're here for a certain amount of time. What happens if they stay a little longer than permitted and stay employed? Is there any checks on how that would proceed? [SPEAKER CHANGES] If they stay longer than their contracted period without having a waiver from the U.S. Consulate in Mexico, they're illegal and to do that, they would have to, in our case, leave our farm without us knowing it. And once that happens, we have so many hours, I'm not sure if it's 24 or 48 hours to report that to the U.S. Department of Labor, also to the Employment Security Commission here in North Carolina who oversees this, as well. [SPEAKER CHANGES] A follow up. So what you're saying basically is they couldn't go get another job or somewhere else without some type of authorization? OK. [SPEAKER CHANGES] Not in this ??. [SPEAKER CHANGES] Unless somebody just hires them under a different program, I guess. [SPEAKER CHANGES] Thank you. Senator Hunt. [SPEAKER CHANGES] Mr. Chairman, I just wanted to check and make sure you're warm enough. [SPEAKER CHANGES] Perfect today. I'm sure the air conditioner is not working again. It doesn't work here on Tuesday or Wednesday. Senator Hise? [SPEAKER CHANGES] Just to check on these H2A's, have no tax liability ultimately with the State, is that correct? So if we were to do the withhold, then all they have to do is file at the end of the year and they would get all those funds back, is that the understand? Or are there H2A's that could ultimately have a tax liability in this State but now we're not doing a withhold? [SPEAKER CHANGES] That's a two part question, Senator Hise. Mr.Chairman, [SPEAKER CHANGES] Give him a two part answer. [SPEAKER CHANGES] I'm sorry to short circuit you there, but one, the simple answer is the federal laws do not require any withholding. If they're contracted and I think the current contract's $9.76 per hour and they make 10 hours today, they get $97 and whatever that works out. Nothing is withheld. So the federal are not requiring any to withhold. The State it's grey. It's a grey area that you could withhold and yes, they could file for a tax return and get it back, assuming they're here at the end of the year, but most of them are gone out of this country by November 1st, December 1st. There is just a slight few that's left until the middle of December. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] It's the core of the question I'm trying to get at is whether or not we do a withhold is separate. Would an individual on an H2A have a tax liability to the State? [SPEAKER CHANGES] Not to my knowledge they would. Thank you. [SPEAKER CHANGES] Senator Walters? [SPEAKER CHANGES] Thank you, Mr. Chair, and thank you, Senator Jackson. I just say that the H2A worker program was probably the most stringent program that we have in North Carolina that allows workers, seasonal workers, to come to this State and we have to follow, from the time they get here until they're released from or farms or wherever they're working. I appreciate this and I think this here adds clarity to our Department of Revenue. Thank you, Mr. Chair.

Thank you, members any further discussion or debate?[SPEAKER CHANGES]Mr. Chair[SPEAKER CHANGES]Senator Nesbitt[SPEAKER CHANGES]to Senator Jackson Isn't this being done really for the benefit of the people that are hiring these people so they don't have to keep up with the paperwork, and do all the filings or withhold and Senator Riley etc when it's absolutely not required[SPEAKER CHANGES]that's part of this[SPEAKER CHANGES] Mr. Chairman I'm sorry[SPEAKER CHANGES]go right ahead [SPEAKER CHANGES]that's part of the issue the other part is none of us knew about this until after the fact and so we in 2012 had some really aggressive auditors that were doing an audit on a farm not even in my district but I do know the growers and we've all just put these down as wages I mean just because that's the way we do it on the federal returns but when they looked at that and there was no one there to pay it guess who they looked to pay that four percent tax? and so yes this will help the grower but also clarify our language that even the Department of Revenue realizes it's a gray area and needs to be clarified[SPEAKER CHANGES]Thank you,[SPEAKER CHANGES]Okay,on a motion by Senator Tillman to adopt all those in favor please say aye oppose no motion carried thank you Senator Jackson[SPEAKER CHANGES]Thank you Mr.Chairman thank you members public contract project labor Representative Murray I'm sorry it's hard to tell you guys apart with all these beards I resented that remark go ahead[SPEAKER CHANGES]Thank you Mr. Chairman this is a bill that will enable local contractors who do not use unionize labor to be able to compete for public labor, public construction contracts and this has been passed through seventeen other states and this has been uphill by the federal court of appeals in the DC Circuit this is not being preempted by the National Labor Relations Act now I will be more than willing to answer any questions or my colleague, twin or however you want to call it Representative Mofitt will be able to answer questions[SPEAKER CHANGES]Thank you, Representative Murray we have a motion from Senator Hise to adopt[SPEAKER CHANGES]further discussion further debate if not all those in favor of the motion please say aye all opposed no motion carried thank you very much and who run that[SPEAKER CHANGES]Both Senator Brown and Senator Gunn filed companion legislation to this bill in the Senate so I would ask that they arm wrestle see whichever one of you guys want to do this[SPEAKER CHANGES]Thank you, thank you very much House bill 257 unclaimed property improvement this is an PCS we have a motion to adopt PCS moved by Senator Goolsby in favor please say aye opposed motion carried you have the floor[SPEAKER CHANGES]Thank you Mr. Chair, members of the committee this bill proposed substitute was brought to me by the Treasurer's office and is was requested it was tightening up sort of loose ends of a bill that we ran last session and the title says exactly what it does and there is someone here from the treasurer's office Tony Solaris is here if you have questions that I cannot answer[SPEAKER CHANGES]Thank you, thank you very much no questions on the committee and a motion by Senator Meredith to adopt the PCS favorable to the original all in favor please say aye opposed no motion carried thank you Madam[SPEAKER CHANGES]Thank you[SPEAKER CHANGES]Thank you very much[SPEAKER CHANGES]House bill 340 limited lines travel insurance Senator Sanderson[SPEAKER CHANGES]Thank you Mr. Chairman members of the committee it was it does exactly what the house bill says it brings under the Department of Insurance so travel regulations to regulate travel insurance producers the bill will allow licensed travel insurance producers to offer travel insurance through travel retailers, such as travel agents, rental agents the newly regulated producers will pay rates ?? to the fee to the Department of Insurance I'll be happy to answer any questions you have we have the Department of Insurance here[SPEAKER CHANGES]Thank you Senator Sanderson, Senator Hartsell motion favorable report[SPEAKER CHANGES]Thank you Senator Hartsell we have a motion to favorable report[SPEAKER CHANGES]any further discussion or debate?

Speaker: Hearing none. All those in favor of the motion say aye [aye], all opposed, no [silence]. Motion carries. House 343, course procedure and fee amendment. Representative Turner, I believe you have an amendment, or there is an amendment? Representative: Yes there is an amendment. Speaker: Ms. Abrams is willing to explain the amendment. It is in the packet. Representative: The amendment you have before you, has three – two technical changes and one – three technical changes. The first one begins on page 7, line 13, of the bill. You already enacted a change to this statute which has become session law. So we are going to conforming the change in this bill with the change you have done already. Also, we need to add to the effective date, that this section will become effective August 1st instead of July 1st. Then, beginning on line 15 of the amendment, it is just conforming the bill to a provision that is in the house and senate bill. On the second page of the amendment, beginning around line 5, is a recommendation made by the revenue study committee that is just taking out language for a sunset on a register of deeds fees because it needs to pass before July 1 – there is no controversy with that. That is the amendment. Speaker: Thank you. Motion to adopt the amendment by Senator Meredith. Any further discussion on the amendment? If not, all those in favor of the motion say aye [aye], all opposed, no [silence]. Amendment passes. If you will go back and explain the bill please. Representative: Thank you Mr. Chairman. This bill is entitled court fees and procedures but there are no new court fees. This is clarifying who pays what fees when, and begins with the arbitration caps. There is a business fee clarification as to when it should be paid. Speaker: Thank you. Senator Hartsville? Senator, the adoption of the bill as amended, I don’t know if you want it rolled into a committee substitute or not. Any discussion or debate? Representative: What determines a complex business case and is the $1000 fee for taking it to an additional judiciary process in the court? Is that fee already in current law, or is this a new fee? Representative: Mr. Chairman, Susan Sites is here, and she works with the judiciary committees, and may be able to answer that question. Representative: That fee is already in current law, this is just clarifying at what point in the process, and by whom, it is paid. Representative; Follow up Mr. Chair? So somebody define for me a complex business case please. Representative: Sorry I cannot do that. I did not bring the definition in front of me. it is really what it sounds like. We have business courts in certain areas that are designed to deal with cases that deal with complex issues in business law that are civil litigation. So this is when they seek that designation, it goes to the business court. There is a fee for that because there are designated judges that do that in a business court, and all that. Representative: Okay, so, never mind… I just want to understand what a business court…. You are saying it is well defined, and if it is well defined, then we are okay – is that what you are saying? Maybe Senator Hartsville can add something to that MR. Chair? Representative: It’s like a class action to certify certain things where a court will determine if those criteria are met, and if so, they can proceed to a business court, and if not, it will probably continue in the superior court. Representative: Thank you Mr. Chair. Speaker: Thank you.

Mr. Chair, yes, I'm sorry, I was able to pull it up. There is a definition and basically I am going to paraphrase a little bit because there is a list of things but a mandatory complex business cases and action that involves a material issue related to one of seven things. The law governing corporations except charitable and religious organizations, securities law, anti-trust law, state trademark or unfair competition law, intellectual property law, the internet electronic commerce and biotechnology or tax law. I can give you the exact statutes but that is kind of a quick summary of what it includes. [SPEAKER CHANGE] Thank you and we have a representative here from AOC if you would like to speak on that. [SPEAKER CHANGE] Thank you, Mr. Chair. Susan is exactly right. It is a statutory definition so it is something very well defined. [SPEAKER CHANGE] ?? We have your name for the record that will be fine. Any further discussion or debate? Senator McKissick? [SPEAKER CHANGE] Yes, I was just curious. I noticed there are some provisions here dealing with cites and counties paying costs and fees and it gives certain time frames within which I guess, 45 days within which they need to be paid and then there are other exemptions which are provided for, could you provide a little more explanation as to what we are doing there and how we are changing it just so I'll be very clear. [SPEAKER CHANGE] There are, excuse me, Mr. Speaker? [SPEAKER CHANGE] Go right ahead. [SPEAKER CHANGE] There are cases that Department of Social Services files on behalf of their clients and we have waived the motion fee, $20 motion fee that helps counties considerably and we have worked with their association. [SPEAKER CHANGE] Thank you ma'am, so everybody is on board with this? [SPEAKER CHANGE] Yes [SPEAKER CHANGE] Thank you. [SPEAKER CHANGE] Further discussion? Motion by Senator Hartsell to accept the proposal as amended. All those in favor say aye. [SPEAKER CHANGE] Aye [SPEAKER CHANGE] Opposed No. The ayes have it. Thank you very much. Motion carries. [SPEAKER CHANGE] Thank you Mr. Chairman and Committee. [SPEAKER CHANGE] Thank you. House Bill 754 Lease Purchase of Real Property Community College. Representative Starnes. Glad you could make it. [SPEAKER CHANGE] Thank you, Mr. Chair, ladies and gentlemen of the committee. House Bill 754 is a bill to allow community colleges to acquire real property through a lease purchase contract with their counties. It makes a technical change that basically says that only local funds can be used for the lease purchase agreements, they have to be for contracts of more than $100,000 and more than three years and is paid for with only local funds as we have done with resolution of approval by the County Commissioners. It comes at the request of the community college system and I would appreciate your support. [SPEAKER CHANGE] Thank you, sir. I believe we have an amendment. Senator Tucker, do you wish to send forward an amendment? [SPEAKER CHANGE] Yes sir. Any element of surprise from Representative Starnes is wonderful. [SPEAKER CHANGE] Mr. Chairman, I would be glad to? [SPEAKER CHANGE] And Senator if you would explain the amendment please. [SPEAKER CHANGE] The amendment simply changes the effective date from July 1 to effective when it becomes law. [SPEAKER CHANGE] Okay, we have a motion before us to accept the amendment by Senator Meredith. All those in favor please say aye. [SPEAKER CHANGE] Aye [SPEAKER CHANGE] Opposed no. The amendment passes. Okay, we are back to the original bill. Discussion or debate on the bill as amended? Recommendation or motion from Senator Cook to adopt the bill as amended. All those in favor please say aye. [SPEAKER CHANGE] Aye [SPEAKER CHANGE] Opposed No. The ayes have it. Motion carries. Thank you, Representative Starnes and who will be running this? [SPEAKER CHANGE] I'll let Senator Daniel handle. [SPEAKER CHANGE] Thank you. Thank you very much. [SPEAKER CHANGE] House Bill 362, Department of Public Safety Changes. Representative Faircloth. This is PCS. Motion to hear the PCS please. By Senator Curtis. All those is favor, please say aye. [SPEAKER CHANGE] Aye. [SPEAKER CHANGE] Opposed? Motion carries. We are ready to hear the PCS. [SPEAKER CHANGE] Thank you, Mr. Chair, Committee. This is an agency bill for the Department of Public Safety. I'll run through the sections of it. It is pretty cut and dry for the most part. The first section just substitutes Department of Public Safety for Department of Corrections there

...second section allows for organization and positions to be determined by the secretary of DPS. [SPEAKER CHANGES] Excuse me, Senator Hise? [SPEAKER CHANGES] Motion for favorable report to the PCF ?? [SPEAKER CHANGES] It is getting ?? Senator Hise, I was expecting that at any moment. We have a motion by Senator Hise, unfavorable to the original, favorable to the PCF. Any discussion or debate? Hearing none, all those in favor... [SPEAKER CHANGES] Mr. Chair? Mr. Chair? [SPEAKER CHANGES] OK. I do. Senator Nesbitt? [SPEAKER CHANGES] I'm sorry, I just caught something, saw something that caught my eye. Section 9 of the bill, Highway Patrol enforcement personnel hired after July 1st shall retire not later than their 62nd birthday. Does that do anything to the retirement? [SPEAKER CHANGES] Senator...excuse me. [SPEAKER CHANGES] Yes, sir, you may answer that or have, Heather, would you like to answer? Either or? [SPEAKER CHANGES] The policy has been to retire at 62. Some went over with permission. This would establish 62 as the retirement date for any of those that are hired after July 1st of this year. [SPEAKER CHANGES] Follow up, Senator Nesbitt? [SPEAKER CHANGES] No, I would assume that's alright, as long as they can get in their full retirement. That's probably why they were letting some of them run over if they needed another year or two. But I understand what it is now. [SPEAKER CHANGES] Thank you. Any further discussion? If not, we have a motion before the committee. All those in favor of the motion please say aye, opposed no. Motion carries. Thank you, sir. OK. Senator Sanderson will be running it on the floor. Thank you. A final bill for the day will be House Bill 371, Chiropractic Assistant Certification. Welcome. [SPEAKER CHANGES] Thank you, Mr. Chair. Senators, I have been before a number of you already. This bill is a simple bill to amend the chiropractic... [SPEAKER CHANGES] Mr. Chair? [SPEAKER CHANGES] ...practice act. I'll be glad to take a motion. [SPEAKER CHANGES] Thank you, very much. Senator Hise? [SPEAKER CHANGES] Motion for favorable report. We ?? this in healthcare. [SPEAKER CHANGES] Thank you, we have a motion for favorable report from Senator Hise? Any discussion or debate? Hearing none, all those in favor please say aye, opposed... [SPEAKER CHANGES] I have one quick question. [SPEAKER CHANGES] Does this mean we... [SPEAKER CHANGES] You're a little late. [SPEAKER CHANGES] Does this mean we won't get any more massages and ?? [SPEAKER CHANGES] Yeah, that's it. [SPEAKER CHANGES] I ?? are good. [SPEAKER CHANGES] Opposed, no. Ayes have it. Motion carries. Thank you, very much. [SPEAKER CHANGES] And if I were you I wouldn't admit to the last one. Indeed. [background voices] [tape ends at 3:04]