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House | June 3, 2014 | Chamber | Bill debate

Full MP3 Audio File

The house will come to order. Members please take your seats. Visitors, please leave the chamber. Members and visitors in the gallery, please silence all cellular phones and personal electronic devices. The prayer will be offered by Representative Starnes. Members and visitors in the gallery, please stand and please remain standing for the Pledge of Allegiance. [SPEAKER CHANGES] May we pray. Our kind and gracious heavenly Father. Indeed we are grateful for this day that you have blessed us with. We're thankful for the opportunities of service. I pray, Father, that we will have the mind of Christ as we seek to serve our fellow man and those we have been elected to serve. Lord, we are just thankful for the gift of life that you've given to each of us, and I just pray that we will work diligently to serve you every day as we have an opportunity. In Christ name we pray, 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 June the second, 2014. It has been examined and found to be correct. I move its approval as read. [SPEAKER CHANGES] Representative Moore moves that the journal for June 2nd be approved as read. All in favor say aye. All opposed say no. The ayes have it. The journal is approved as written. Petition for memorials, papers for the general assembly of the house. Ladies and gentlemen, the house will come to order. The Chair would like to extend a welcome to the nurse of the day. The nurse of the day is Tammy McDuffy from Hope Mills. Tammy, welcome and thank you. Ladies and gentlemen, upon request of Representative Brody, the Chair is happy to extend the courtesies of the gallery to Leadership Anson and the Anson County Chamber of Commerce. Please stand and let us welcome you. Reports of standing committees and permanent subcommittees, Representatives William Brawley and Frank Iler. ?? The clerk will read. [SPEAKER CHANGES] Representative Brawley and I worked with the transportation committee House Bill 1028 single license plate renewal sticker favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] House Bill 1086 DOT study of state parks and trail signage. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] House Bill 1124 DOT minority women business program. Favorable and referred to appropriations. [SPEAKER CHANGES] The bill will be referred to the committee on appropriations.

Introductions of Bills and Solutions that the clerk will read. My bad. [SPEAKER CHANGES] Representative Horn. House Resolution 1254, Veteran's Bond Stamp and Coin Program. [SPEAKER CHANGES] Rules, calendars and operations the House. Messages from the Senate the clerk will read. [SPEAKER CHANGES] House Bill 230, Senate Committee substitute second edition, a bill to entitle an act to clarify provisions of the to achieve active school performance grades and expand the testing window for one year. [SPEAKER CHANGES] Calendar pursuant rule 36b. [SPEAKER CHANGES] Senate bill 734, Committee substitute number 2, fourth edition. A bill to entitle an act to provide further regulatory relief to the students of North Carolina by providing various administrative reform by eliminating certain unnecessary, outdated statutes and regulations, simplifying cumbersome outdated regulation by making various other statutory changes thereby updating and amending certain environmental and natural resource laws. [SPEAKER CHANGES] Regulatory reform. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] Motion pertaining to today's calendar. [SPEAKER CHANGES] The gentleman may state his motion. [SPEAKER CHANGES] Mr. Speaker, move that House Resolution 1254 Veterans' Bond Stamp and Coin Program, be removed from committee on rules calendar operations. This bill was just read in and be added to today's calendar as the first item in New Business when the [??] [SPEAKER CHANGES] Without objection? So ordered. Ladies and Gentlemen by motion of the gentleman from Derrick County, Representative Tine. The Chair is happy to extend the courtesies of the gallery to the Outer Banks Chamber of Commerce. Please stand and let us welcome you. [CLAPPING] Calendar, House Resolution 1254 the clerk will read. The House will come to order. [SPEAKER CHANGES] House Resolution 1254. The House resolution supporting a new goverment bond, stamp and coin program to benefit veterans. The House resolves. [SPEAKER CHANGES] Members please take your seats. The clerk will read the resolution in its entirety. [SPEAKER CHANGES] A House resolution supporting a new government bond, stamp and coin program to benefit veterans. Whereas, the nation is blessed with men and women who voluntarily swear an oath to defend the Constitution of the United States of America against all enemies foreign and domestic. And whereas, these men and women make great personal sacrifices in the name of our Constitution, thereby, the perpetuation of our individual liberties. And whereas, these same men and women voluntarily make great personal sacrifices to carry democracy and extend the freedoms we enjoy to underpriviledged of the world. And whereas some of these men and women will incur great personal hardships and catastrophic injury in the performance of their duties. And whereas we feel duty bound to honor, support, and provide relief to these warriors and their families. Now therefore, be it resolved by the House of Representatives section one. The House of Representives supports an initiative. [SPEAKER CHANGES]

A new government bond, stamp and coin program, the proceeds from which shall be used exclusively for those warriors and their families who have borne the brunt of preserving our freedoms and extending those freedoms throughout the world. Section two, this resolution is effective upon adoption. [SPEAKER CHANGES] Representative Horne, please state your purpose. [SPEAKER CHANGES] To debate the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members of the house. I have a constituent in Union County that this Friday will celebrate his 83rd birthday, at the White House with the President of the United States, and bring with him some 60,000 signatures from across this state and this nation, to encourage a bill in the legislature, in the Congress, to issue a coin, a stamp, and a bond, the proceeds of which will go to support veterans. Korean War veteran Mr. Garland-Kenny, I can’t believe I just forgot his name, how can I forget that name? Garland-Kenny’s been working on this project for six and a half years, almost seven years, with support from the governor of North Carolina, Lieutenant governor of North Carolina, governor of Virginia, the governor of Maine, the Governor of Wisconsin. Over 100 cities and counties across this state have all passed resolutions supporting this effort for the US government to issue a coin, a stamp, and a bond, the proceeds of which will support our veterans. Ladies and gentlemen, if you don’t know how important these coins are to a veteran, or to an active duty service member, I’m happy to tell you but not right now. I encourage you to support this resolution. Let these guys know that we’re behind them all the way. Thank you. [SPEAKER CHANGES] Further discussion, further debate. If not a question before the house is house resolution 1254. Over in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 114 having voted affirmative. None in the negative. House resolution 1254 has been adopted and will be ordered printed. Ladies and gentlemen of the house, if you would direct your attention to the first page of the calendar, there are three local bills that could be grouped. They’re voice votes for second and third reading. We’ll give you a couple minutes to look at them. We’ll go ahead and move forward on to the public bills without objection, we’ll vote those as a group. House bill 1032, the clerk will read. [SPEAKER CHANGES] House bill 1032 committee substituted ?? act to prevent the abusive use of patents. ?? North Carolina enacts. [SPEAKER CHANGES] Strike that, ladies and gentlemen. We have more amendments than we have bills on the first three, so we will be taking those individually after we take up this matter. Representative Murray, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Thank you members of the house. This bill is entitled patent abuse bill. It will add a new section to the unclear and deceptive trade practices statute in North Carolina, to go after what we call patent trolls. Many North Carolina companies are forced to spend thousands and sometimes millions of dollars to defend themselves against abusive ?? of patent infringement by patent trolls. This bill will add unfavorable or deceptive trade practices to unfairly a search or patent rights in an effort to shake down some of our most innovative companies. This bill has passed the house commerce committee. It passed the judiciary B committee, and it was a recommendation from the economic development and global engagement oversight committee. Originally the bill as filed had criminal penalties as well. We’ve removed those penalties. This is strictly a civil action and it seeks to protect the innovators in our state, to make sure that they know North Carolina is a great place to do business and innovating your company, whether it’s a small business or a large business, we’ve got support from the North Carolina chamber of commerce, the North Carolina retail merchants association, the bankers association, the restaurant lodging association, realtors association, and large and small businesses like Google, Redhat, SAS, Krispy Kreme, Epic Games all support this legislation so I believe Representative Stam has a

Amendment to this legislation that I am in support of. Representative Stam can explain his amendment but in a nutshell it would make sure that companies that follow litigation pursuant to this legislation in bad faith are also subject to the penalties just like companies that assert their patent rights unfairly are subject to penalties in this legislation so it is a balanced amendment and it is supported by all the stakeholders. With that Mr. Speaker I’ll be available for any questions but I’d ask that you recognize Representative Stam for an amendment. [SPEAKER CHANGE] Representative Stam is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGE] Represntative Stam moves to amend the bill on page six, lines two to three by inserting between the lines the following language to read. [SPEAKER CHANGE] The gentleman is recognized to debate the amendment. [SPEAKER CHANGE] Mr. Speaker, members of the house the nutshell had it all there, sauce for the goose, sauce for the gander. [SPEAKER CHANGE] 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 to the house committee substitute number two for house bill 1032. All in favor vote all. All opposed vote no. The clerk will open the vote. All members wishing to record please do so at this time. Representative Shepard. Clerk will let the machine record the vote. One hundred and thirteen having voted in the affirmative, none in the negative, the amendment passes we’re now back on the bill as amended. Further discussion, further debate? If not the question before the house is the passage of the house committee substitute number two to house bill 1032 as amended on its second recording. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. One hundred and thirteen having voted in the affirmative, none in the negative, the house committee substitute number two to house bill 1032 as amended has passed its second reading and without objection will be read a third time. Further discussion, further debate? If not the question before the house is the passage of the house committee substitute number two to house bill 1032 as amended on tis third reading. All in favor say aye. All opposed no. The ayes have it, the house committee substitute number two for house bill 1032 as amended has passed its third reading and will be sent to the Senate. And ladies and gentlemen as a result of the amendment we will engross it prior to sending. Representative Brandon the Chair understands you were in the chamber and wish to be recorded as voting aye on the prior two votes, the amendment and the bill. The gentleman will be recorded as voting aye. Ladies and gentlemen we’re going to go back up to the local bills. House bill 1045 the clerk will read. These are voice votes for those of you needing to move around the chamber. [SPEAKER CHANGE] House bill 1045 ??? an act providing regular municipal elections in the town of Elkin be conducted in even numbered years and lengthening the terms of current town commissioners to the new election schedule. ??? [SPEAKER CHANGE] Representative Stevens please state your purpose. [SPEAKER CHANGE] Speak on the bill. [SPEAKER CHANGE] The lady is recognized to debate the bill. [SPEAKER CHANGE] Thank you Mr. Speaker. Members of the house this is exactly what the title said, it’s to move the town elections of Elkin to even numbered years and to expand the terms of existing members by one year so that we can do a staggered election and with that Mr. Speaker I’d like to send forth an amendment. [SPEAKER CHANGE] The lady is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGE] Representative Stevens moves to amend the bill on page one line 19 by rewriting that line to read. [SPEAKER CHANGE] The lady is recognized to debate the amendment. [SPEAKER CHANGE] Thank you Mr. Speaker. All the amendment does, the bill originally said it was effective when it becomes law, but they went ahead and made it effective January 1, 2014. Jerry Cohen indicated that that’s what legally needs to happen so I’d ask for your support on the amendment. [SPEAKER CHANGE] Further discussion, further debate on the amendment? If not the question before the house is the passage of the amendment sent forth by Representative Stevens to house bill 1045. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. One hundred and fourteen having voted in the affirmative, none in the negative, the amendment passes, now we’re back on the bill as amended. Further discussion, further debate? If not the question before the house..

The house is the passage of house bill ten forty five is admitted on it's second reading. All in favor say aye SPEAKER CHANGES Aye. SPEAKER CHANGES All opposed no. ?? the house bill ten forty five is amendment is passed it's second reading without objection will be read a third time SPEAKER CHANGES ?? of North Carolina in action. SPEAKER CHANGES Further discussion further debate. If not the question before the house is the passage of house bill ten forty five is admitted on it's third reading. All in favor aye. SPEAKER CHANGES Aye. SPEAKER CHANGES All opposed no. The Ayes have it house bill ten forty five is admitted is passed it's third reading ?? in bill being engrossed and sent to the Senate. House bill ten ninety six a ?? read... SPEAKER CHANGES House bill ten ninety six ?? Union county to use attachment and garnishment and lien for county contracted ?? service supplemented by county funds. General ?? of North Carolina in act. SPEAKER CHANGES Representative Art please state your purpose. SPEAKER CHANGES To speak on the bill. SPEAKER CHANGES The gentlemen is recognized to debate the bill. SPEAKER CHANGES Under current law counties are allowed to pursue the taxmen the garnishment and liens for nonpayment of ambulance services. Union county this is a county contracted service and all we're doing is extending those provisions to the county. SPEAKER CHANGES Further discussion, further debate. If not the question before the house is the passage of ten ninety six on it's second reading. All in favor say aye. SPEAKER CHANGES Aye. SPEAKER CHANGES All opposed No. The ayes have it, house bill ten ninety six is passed it's second reading and without objection will be read a third time. SPEAKER CHANGES ?? of North Carolina in act. SPEAKER CHANGES Further discussion further debate. If not the question before the house is the passage of ten ninety six on it's third reading. All in favor say aye. SPEAKER CHANGES Aye. SPEAKER CHANGES All opposed no. The ?? have it house bill ten ninety six is passed it's third reading will be sent to the Senate. House bill eleven thirteen the ?? reading. SPEAKER CHANGES House bill eleven thirteen the a bill to be trial and act to exempt certain and local agreement between the city of Asheville and Henderson county concerning the Bentcreek property from Article sixteen of chapter one sixty A of the general satchun from the Sullivan acts, General ?? of North Carolina in act. SPEAKER CHANGES Representative McGrady please state your purpose. SPEAKER CHANGES To speak on the bill. SPEAKER CHANGES The gentlemen is recognized to debate the bill. SPEAKER CHANGES This figure if I were to tell people this bill is about water it involves Asheville, Henderson County and Buncum. You would presume that we're gonna have a big fight. I would suggest you look at the cosponsors of this bill. Representative Fisher, Representive Maffett, Representative Ramsey, Representative Macgrady, Representative Whitmire are all in favor of this bill. And both of the senators represent the area in favor of the bill. So I urge you, I wish we had a recorded vote on this speaker just so we could have us all on the same page related to something on water in the area but bill's a good bill. It resolves one of the issues as between the three local goverments. Thank you. SPEAKER CHANGES We need to drink this moment up. There are no amendments on this bill? Further discussion further debate. If not the question before the house is the passage of house bill eleven thirteen on it's second reading all in favor say Aye. SPEAKER CHANGES Aye. SPEAKER CHANGES All opposed no. The ?? have it house bill eleven thirteen is passed it's second reading without objection, the third time. SPEAKER CHANGES General ?? of North Carolina in act. SPEAKER CHANGES Further discussion futher debate. If not the question before the house is passage of house bill eleven thirteen on it's third reading all in favor say aye. SPEAKER CHANGES Aye. SPEAKER CHANGES All opposed No. The ?? have it. House bill eleven thirteen is passed it's third reading will be sent to the Senate. House bill ten forty eight the ?? reading. SPEAKER CHANGES May I have a substitute for House bill ten forty eight a bill ?? the title of that commendus election criteria for Agent general of the North Carolina National Guard General ?? of North Carolina in act. SPEAKER CHANGES Representative Hastings please state your purpose. SPEAKER CHANGES To debate the bill Mr..-- SPEAKER CHANGES The gentlemen right now is to debate the bill. SPEAKER CHANGES Mister speaker at this point this is...should be a fairly simple process. This has been vetted. Not only in a joint house and Senate LRC committee but also in the Homeland security military and veterans affair committee. And when in order mister speaker and it's your pleasure I think representative Whitmire would like to offer a friendly amendment. SPEAKER CHANGES Representative Whitmire. Please state your purpose. SPEAKER CHANGES ?? please state an amendment. The ?? reading. SPEAKER CHANGES Representative Whitmire moves to amend the bill on page two line five through seven by rewriting the lines to read. SPEAKER CHANGES The gentlemen is recognized to debate the amendment. SPEAKER CHANGES Thank you mister speaker. This Amendment basically in the spirit and ten of having joint language our national guard the criteria here is written as one service subelement of company. And this simply extends it to include as our national guard has both an air component and an army component. It included both. Because it's the criteria piece of anyone to be considered, it does not preclude...

...any of the sister services in terms of that with the language. I ask that you support the amendment. [SPEAKER CHANGES] Ladies and gentlemen, the Chair is happy is extend the courtesies of the gallery to our Lt. Governor, Governor Dan Forest. Dan, welcome. [applause] Further discussion, further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Whitmire to the House Committee Substitute for House Bill 1048. All in favor vote aye, all opposed vote no. The Clerk will open the vote. All members wishing to record please do so. The Clerk will let the machine to record the vote. One hundred and twelve having voted the affirmative, one in the negative. The amendment passes. Further discussion, further debate on the bill? If not, the question before the House is the passage of the House Committee Substitute to House Bill 1048, as amended on its 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. The Clerk will let the machine record the vote. Representative George Graham, does the gentleman wish to be recorded as voting aye? The gentleman will be recorded as voting aye. One hundred and fourteen having voted in the affirmative and none in the negative. The House Committee Substitute to House Bill 1048, as amended, has passed its second reading without objection. It will be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 1048, as amended, on its third reading. All in favor say aye, all opposed no. The ayes have it. The House Committee Substitute to House Bill 1048 has passed its third reading. The bill will be engrossed and sent to the Senate. House Bill 1081, the Clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 1081, a bill [??] a natural reform to the process by which regulatory authority is review submittals of application for permits, licenses and approvals as recommended by the Environmental Review Commission. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Millis, please state your purpose. [SPEAKER CHANGES] I'd like to speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker and members of this chamber here. The heart of this piece of legislation does this very action for constituents that you represent who may decide to actually disturb their own private property to expand their business or to actually propose a new business. It actually requires a regulatory approval from one of our state or delegated regulatory agencies. It's at the heart of this bill actually is getting at the regulatory purview of these agencies. While we want to uphold the actual responsibility that we have as the General Assembly to actually protect our health, our safety and our environment, we want to make sure we do so in a very efficient process. So this bill does not undermine any authority that our regulatory agencies has, but it just refocuses them on their purview in order to provide a faster efficiency for your constituents. This bill was actually an interim study bill. It was actually had major stakeholder input. It was vetted through the ERC, it was passed out through the ERC and I definitely appreciate your support. [SPEAKER CHANGES] Further discuss, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 1081 on its 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. The Clerk will let the machine record the vote. One hundred and fourteen having voted in the affirmative, none in the negative. The House Committee Substitute to House Bill 1081 has passed its second reading and without objection, will be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 1081 on its third reading. All in favor say aye, all opposed no. The ayes have it. The House Committee Substitute to House Bill 1081 has passed its third reading and will be sent to the Senate. Pages, could we please have you come forward and pages at the dais step down momentarily. We'd like to properly introduce you. While they're coming forward, ladies and gentlemen, upon motion of Representative Rayne Brown from Davidson County, the Chair is happy to extend the courtesies of the gallery to Steve Shell. Steve recently was the lead vote getter in a Republican primary for County...

Commissioner and his grandson Dray is serving as a page this week. Steve, welcome. Pages, as the clerk reads your name, if you'll step forward, wave briefly so we can connect a name to the face. The clerk will read. [SPEAKER CHANGES] George Arnes, Wake County. Ethan Berry. Amani Burwell, Franklin County. Spencer Carney, Nash County. Anna Cook, Wayne County. Ry Gibson IV, Wake. Lauren Hardin, Sampson. Enya Honeycutt, Wake. William Johnson, Wake. ?? Wake. Emma McKay, Canada. Delaney Mance, Forsythe. Jane ??, Gilford. Margaret Pope, Wayne. Cameron Rogers, Vance. Madison Ruff, Rutherford. Charles Scheffield, Gilford. Jordan Shell, Davidson. Rebecca Siden, Ardell. Kristin Stutts, New Hanover. Cameron Warren, Cumberland. Walker Winslow, Lenore. Blake Wiseman, Wake. [SPEAKER CHANGES] Pages, I want to welcome you. Sorry that we had a brief session yesterday so we didn't get to properly introduce you yesterday but welcome to the General Assembly. I hope you take the opportunity to get to know your fellow pages a little better, and some of the members and pay attention to what we do in the chamber and in the committee process. And take your stories back home. Welcome and you may now return to your stations. Members, let's properly welcome them. House Bill 1101, the clerk will read. [SPEAKER CHANGES] Committee substitute for House Bill 1101 ?? enact to enhance the protection provided to persons making improvements to leased ?? property under article three of chapter 44A of the general statutes as recommended by the LRC committee on mechanics, liens and lease hold improvements. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stevens, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members of the body. This is one of those that we have a study committee on. I have thought about asking Representative Stam to give you an in depth description of the Pete Wall plumbing case but I don't know that that's entirely critical here. Basically all this does is says that you cannot if you're a municipal body or a public body, you cannot enter into a contract with a private person by leasing this in order to avoid the payment bond issues. Because you can't get a lien on public property but you can when it's an individual property. So the Pete Wall case involved going around that by having a public private partnership. So that's really all ths bill does is try to address the Pete Wall case. Be happy to answer any questions you may have. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of the House Committee Substitute to House Bill 1101 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 114 having voted affirmative, none in the negative. The House Committee Substitute to House Bill 1101 has passed its second reading and will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house

?? Passage of house committee substitute to House Bill 1101 on its third reading. All in favor say aye. All opposed no. The ayes have it. House Bill 1101 is passed. Its third reading will be passed to the Senate. House Bill 1102. The clerk will read. [SPEAKER CHANGES] House Bill 1102 ?? Act to clarify the information required to be provided in a notice to lien agent as recommended by the LRC committee on mechanics liens and lease hold improvements. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stevens, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Again, this becomes more of a technical correction on mechanics lien law, but it says that once you are designated as the lien agent, that does not make you an agent for any other purpose such as receiving a notice of claim of lien on funds, that doesn't fulfill your service requirements. You are a lien agent only for the purpose of gathering the information of people who are on-site, not doing other things for the owner. I ask for your support. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of House Bill 1102 on its second reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. Representative Cleveland, does the gentleman wish to be recorded as having voted aye? [SPEAKER CHANGES] 114 having voted in the affirmative, and none in the negative. The House Bill 1102 has passed its second reading without objection. To be read a third time. ?? North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of House Bill 1102 on its third reading. All in favor say aye. All opposed say no. The ayes have it. House Bill 1102 has passed on its third reading, and will be sent to the Senate. Ladies and gentlemen, on motion of all members, the Chair is delighted to extend the courtesies of the gallery to Natasha Lipscomb and the North Carolina Community College Student Government representatives from across the state. Please stand and let us welcome you. Representative Collins, please state your purpose. [SPEAKER CHANGES] Mr. Speaker, I was in my chair but apparently failed to connect with the aye button on the Whitmire amendment to House Bill 1048. [SPEAKER CHANGES] The gentleman wishes to be recorded aye on the Whitmire amendment. House Bill 1104, the clerk will read. [SPEAKER CHANGES] House Bill 1104, Bill ?? enact to ?? joint legislative oversight committee on health and human services to study oversight of the state's social service system and potential conflicts of interest within the system, and how those matters may be addressed. As recommended by the LRC committee on ?? foster care and dependency. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Stevens is recognized to debate the bill. [SPEAKER CHANGES] Again. Thank you, Mr. Speaker. Members of the House, this is again part of the things I was working on in the interim. In this bill, we have a committee to study the foster care dependency system and as we got into that and as various events have happened in the interim, both in Wilkes County that I represent, Yadkin County nearby and Gaston County and Cleveland County, and some of the problems they had, we discovered that it was a much more difficult problem than we could deal with in four meetings. So we're asking that it continue to be studied in the interim. It was a subcommittee of the health and human services so we're asking them to designate a committee and setting forth those things that are particularly critical. I'd ask for your support. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of House Bill 1104 on its second reading. All of favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. 113 affirmative, none in the negative. House Bill 1104 is passed its second reading without objective, will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the house is the passage of House Bill 1104 on its third reading. All in favor say aye. All opposed no. The ayes have it. House Bill 1104 has passed its third reading and will be sent to the Senate. House Bill 1109, the clerk will read. [SPEAKER CHANGES] Committee substitute for House Bill 1109, ?? an act to clarify the process for readoption of exiting rules in accordance with periodic review and expiration of exiting rules, provisions and administrative procedures act, as recognized by the joint legislative administrative procedure oversight committee. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Moffitt, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies

?? the House, this will be one of several APO recommendations I'll be presenting to you this afternoon. This essentially clarifies the existing rule readoption process. Last year during our regular forum debate, the bill itself, we required a periodic review and expiration of existing rules as a provision to Administrative Procedures Act. Now, what this does is it would direct the rules review commission and consultation with the agency to establish a date by which the agency must readopt its rules. The agency can make amendments to the rules during a readoption process; however, if there's no substantive change to the rule itself, no fiscal note is required, and if the agency fails to readopt a rule then it automatically expires. I'd appreciate your support. [SPEAKER CHANGES] Further discussion. Further debate. If not, the question before the House is the passage of the House committee substitute to House Bill 1109 on it's second reading. All in favor vote aye. All oppose no. The clerk will open the vote. The clerk will allot the machine record the vote. 113 have a vote in the affirmative, and none in the negative. The House Comittee substitute the House Bill 1109 has passed its second reading without objection will be read a third time. [SPEAKER CHANGES] Term Senator of North Carolina next. [SPEAKER CHANGES] Further discussion. Further debate. If not, the question before the House is the passage of the House Committee substitute to House Bill 1109 on its third reading. All in favor say aye. All opposed no. The Ayes have it. The House Committee substitute to House Bill 1109 has passed its third reading. It will be sent to the Senate. Ladies and gentlemen, upon motion from the gentlemen from Ashe County, Representative Jordan. The Chair is happy to extend the courtesies of the gallery to Dr. Sherry Noren Everts who will assuming the chancellorship at Appalachian State University on July 1st. Dr. Everts, please stand and let us welcome you. House Bill 1110 the clerk will read. [SPEAKER CHANGES] House Bill 1110 a bill's been ?? ?? requiring the Department of Health and Human Services to examine ways to improve the integrity efficiency, an oversight of the public guardianship system as recommended by the joint legislative oversight committee on health and human services. General assembly of North Carolina in action. [SPEAKER CHANGES] Representative Jones, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentlemen has recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker and members of the House this bill comes to us with the recommendation of the legislative oversight committee for health and human services. As it says in the title, it is to improve oversight of public guardianship and for those here and those that might be listening just keep in mind, it has to do with public guardianship. That's not those private guardians most of us will generally think of, but this is just about public guardianship. And it basically does four things. It requires the Department of Health and Human Services Division of Aging and Adult Services to work with administrative office of the courts to develop a plan for evaluating complaints concerning wards under the care of publicly-funded guardians. Secondly, it requires the Division of Social Services to study conflicts of interests in child welfare cases as related to public guardianship. Third, it requires the Division of Aging and Adult Services to consult with the name parties in this bill and other interested groups to develop a model plan for transitioning a ward to alternative guardianship arrangement if a guardian is no longer willing or able to serve, and then finally, it requires DHHS to submit a final report on these above issues to the joint legislative oversight committee by October 1st, 2014. I don't believe that there's anything controversial here, and I'd appreciate your support. [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the passage of House Bill 1110 on its second reading. All in favor vote, Aye. All opposed vote No. The clerk will open the vote. The clerk will allot the machine record the vote. 114 have vote in the affirmative. None in the negative. House Bill 1110 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] Term senator of North Carolina next. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of House Bill 1110 on its third reading. All in favor say aye. All opposed no. The Ayes have it. The House Bill 1110 has passed its third reading and will be sent to the Senate.

House Bill 1140, the Clerk will read. [SPEAKER CHANGES] Committee Substitute for House Bill 1140, a bill to be entitled an act to amend the requirements for carbon monoxide alarms in hotels as recommended by the Environmental Review Committee. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Samuelson, please state your purpose. [SPEAKER CHANGES] To present the bill. [SPEAKER CHANGES] The lady is recognized to debate the bill. [SPEAKER CHANGES] Members, this bill came out of the ERC committee. If you may recall about a year ago there were some deaths in some hotels in Western North Carolina due to carbon monoxide poisoning. So in part of one of our bills last year during the long session we put in a requirement that all of these lodging establishments put carbon monoxide detectors in their facilities. And we also directed that there be some more study of it. Well, as the draw would have it, during all the snow weather this year, every time we were supposed to get together to discuss this bill, it snowed and we weren't able to do so. But the people who were advocates for it all lived here in Raleigh. So they all got together and resolved all the issues around this and brought it to us and said, "We have a mutually agreeable bill here." And basically what it does is it corrects the fact that according to the licensing standards, it's not a detector it's an alarm. So one of the things you'll change is, see is that we're changing it from detector to alarm. And then it had to do with issue of could we have plug in or did they have to be hardwired. And it turned out the plug in ones are partially wired anyways, so it's going to let them be plug in. And then it also says, "Well, who is going to inspect them? How are they going to inspect it? And if I inspect it and it's not compliant, what are the next steps?" And we got that all clarified so that if you have a facility and they come in to inspect it and you don't have it done correctly, its got a way to continue, to figure out when is it imminent danger and when is it not imminent danger and to make sure that we have them inspected correctly. So the basics of it, it's going to work and it's going to save lives. I have one small technical amendment if you would allow me to send forth the amendment. [SPEAKER CHANGES] Representative Samuelson is recognized to send forth an amendment. The Clerk will read. [SPEAKER CHANGES] Representative Samuelson moves to amend the bill on page 1, line 21, by rewriting that line to read. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Basically is this is a conforming change. Elsewhere we changed out the requirement that it be OSHA approved because not all of them are OSHA approved. There are three approving bodies that can approve them. And we forgot to take it out of this other portion so this just simply makes it conforming to the rest of the bill. And I urge your support of the amendment. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Samuelson to the House Committee Substitute for House Bill 1140. All in favor vote aye, all opposed vote no. The Clerk will open the vote. The Clerk will let the machine record the vote. Representative Hurley, does the lady wish to be recorded as having voted aye? The lady will be recorded as having voted aye. One hundred and fourteen having voted in the affirmative, none in the negative. The amendment passes. We're now back on the bill, as amended. Representative Moffitt, please state your purpose. [SPEAKER CHANGES] Send forth an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The Clerk will read. [SPEAKER CHANGES] Representative Moffitt moves to amend the bill on page 4, line 28, by rewriting that line to read. [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, in regards to that provision that we adopted last year regarding carbon monoxide detectors, we directed the building code council to adopt a carbon monoxide standard for new hotel construction. They adopted the 2012 International Building Code and International Fire Code Standard. Since that time, the IBC and the IFC has adopted a new standard and essentially this would move them to the new standard for all new hotel construction. [SPEAKER CHANGES] Representative Samuelson, please state your purpose. [SPEAKER CHANGES] To speak on the amendment. [SPEAKER CHANGES] The lady is recognized to debate the amendment. [SPEAKER CHANGES] Once again, this is all about making sure our facilities are safe from carbon monoxide and I support the amendment. [SPEAKER CHANGES] Further discussion, further debate on the amendment? Representative Torbett, please state your purpose. [SPEAKER CHANGES] Ask Representative Moffitt a question, please. [SPEAKER CHANGES] Representative Moffitt, does the gentleman yield? The gentleman does not have to yield. The gentleman yields. [SPEAKER CHANGES] OK, I'll yield. [SPEAKER CHANGES] Thank you, Mr. Speaker, so very much. Can you touch on what the differences are between the 2012 and the new, what'd you say, the new 2015 or whatever year they picked? Can you, what's the differences? [SPEAKER CHANGES] I do not know the difference. This actually was asked by the Restaurant and Hotel Association and we cover it with the Office of the State Fire Marshall this morning and everybody's on board with it. [SPEAKER CHANGES] Thank you, Mr. Speaker.

Further discussion, further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Moffitt to the House Committee Substitute to House Bill 1140 as 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. 113 having voted in the affirmative, none in the negative, the amendment passes. We’re now back on the bill as amended. Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to 1140 – House Bill 1140 – as amended on its 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 this time. The Clerk will let the machine record the vote. 114 having voted in the affirmative, none in the negative, the House Committee Substitute to House Bill 1140 as amended has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina ?? [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 1140 as amended on its third reading. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed, no. The ayes have it. The House Committee Substitute to House Bill 1140 as amended has passed its third reading. The bill will be engrossed and sent to the senate. House Bill 1152, the Clerk will read. [SPEAKER CHANGES] House Bill 1152, a bill to ?? to eliminate obsolete boards and commissions as recommended by the Joint Legislative Administrative Procedure Oversight Committee. General Assembly of North Carolina ?? [SPEAKER CHANGES] Representative Moffitt, please state your purpose. [SPEAKER CHANGES] Send forth an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The Clerk will read. [SPEAKER CHANGES] Representative Moffitt moves to amend the bill on page 1, lines 12 through 19, by rewriting the lines to read… [SPEAKER CHANGES] The gentleman is recognized to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, this bill will look familiar to you. We actually have passed this same exact bill through the House in our previous term and it got caught up in Senate Bill 10 last year. Essentially what this amendment does is it clarifies a couple of areas under section 2. The bill terminates the Committee on Dropout Prevention, which was originally created in 2007 by session law. In 2010, the session law was codified by the Reviser of Statutes as article 6B of chapter 115C, and this amendment just repeals the codified law rather than the session law. The second part of the amendment encourages the Chief Justice to abolish the Actual Innocence Commission. In 2005, the Actual Innocence Commission was succeeded by the Chief Justice’s Actual Innocence commission, which was established by order of the court. This amendment rewrites the section to reflect that the commission was established by court order rather than by the Chief Justice. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not, the question before the House is the passage of the amendment sent forth by Representative Moffitt to House Bill 1152. All in favor vote aye. All opposed vote no. The Clerk will open the vote. The Clerk will let the machine record the vote. 114 having voted in the affirmative, none in the negative, the amendment passes. We’re now back on the bill as amended. Further discussion, further debate? If not, the question before the house is the passage of House Bill 1152 as amended on its second reading. All in favor vote aye. All opposed vote no. The Clerk will open the vote. The Clerk will let the machine record the vote. 114 having voted in the affirmative, none in the negative, the House Bill 1152 as amended has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina ?? [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is the passage of House Bill 1152 as amended on its third reading. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed vote no. The ayes have it. House Bill 1152 as amended has passed its third reading. The bill will be engrossed and sent to the Senate. House Bill 1165, the Clerk will read. [SPEAKER CHANGES] House Bill 1165, a bill to ?? Act to amend the reporting requirements for occupational licensing boards as recommended by the Joint Legislative Administrative Procedure Oversight Committee. General Assembly of North Carolina ?? [SPEAKER CHANGES] Representative Moffitt, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker./ Ladies and gentlemen of the House, this bill actually does three things. It clarifies to whom the occupational licensing boards should report to on an annual basis. There used to be a Joint Regulatory Reform Committee; that committee no longer exists.

Sot his direct the OLBs to report to the administrative procedures oversight committee. Secondly it requires the OLBs to report to us the number of actual licensees that they have authority over and it also requires them to report to us or to APO how many people actually take the exam and fail it. I appreciate your support. [SPEAKER CHANGE] Further discussion, further debate? If not the question before the house is the passage of house bill 1165 on its 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. The clerk will let the machine record the vote. One hundred and fourteen having voted in the affirmative, none in the negative, house bill 1165 has passed its second reading and without objection will be read a third time. Further discussion, further debate? If not the question before the house is the passage of house bill 1165 on its third reading. All in favor say aye. Opposed no. The ayes have it, house bill 1165 has passed its third reading. The bill will be sent to the Senate. House bill 1166 the clerk will read. [SPEAKER CHANGE] House bill 1166, the bill is being titled an act to clarify the regulation of gravel under state storm water law as as recommend by the environmental review commission. The general assembly of North Carolina enacts. [SPEAKER CHANGE] Representative Samuelson please state your purpose. [SPEAKER CHANGE] To debate the bill. [SPEAKER CHANGE] The lady is recognized to debate the bill. [SPEAKER CHANGE] Members for those of you who have been in ERC or in environment you will know this is really a very fascinating subject but I’ll spare you all the details and just simply say that just as carbon monoxide detectors are not the same as carbon monoxide alarms, gravel is not what you think it is and it is not pervious; however, in bill 74 last year there had been some debate last year whether gravel should be pervious or not pervious and therefore counted on ?????. We made a judgment decision and then put it up for a study. After trouncing through more fields, rain pits, storms and every other thing to figure out how pervious gravel is we have determined that nobody really knows how pervious gravel is. So what we’re proposing in this bill is that we take gravel, which is actually aggregate and I have various bags of it if you’d like to see the difference between gravel and aggregate, and we’re going to define it as built upon area based upon which the extent to which water actually does go through it which has to do with what the subsoil is, it’s going to be different in the mountains than it’s going to be in the coast or the piedmont, and then once you’ve figured out how pervious it actually is based on how you’ve installed it then the amount of built upon area counted against it will be based on that calculation. In order to do that calculation since no one yet knows what the answer is we have commissioned a study by NC state and some people who will go through and actually do all these tests so that if you’re building in the mountains or the piedmont or the coast you’ll know whether your gravel counts as built upon area or not built upon area and to which extent and that’s the most concise way I can define this bill and I do urge your support. Thank you. [SPEAKER CHANGE] Further discussion, further debate? If not the question before the house is the passage of house bill 1166 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote. One hundred and twelve having voted in the affirmative, two in the negative. House bill 1166 has passed its second reading and without objection will be read a third time. Further discussion, further debate? If not the question before the house is the passage of house bill 116 on its third reading. All in favor say aye. All opposed say no. The ayes appear to have it, the ayes do have it. House bill 1166 has passed its third reading and will be sent to the senate. House bill 1173 the clerk will read. [SPEAKER CHANGE] House bill 1173 the bill is being entitled an act to authorize licensing board subject to chapter 55b of the general statutes to adopt rules to implement the provisions of the chapter as recommended by the joint legislative administrative procedure oversight committee. The general assembly of North Carolina enacts. [SPEAKER CHANGE] Representative Moffitt please state your purpose. [SPEAKER CHANGE] To debate the bill. [SPEAKER CHANGE] The gentleman is recognized to debate the bill. [SPEAKER CHANGE] Thank you Mr. Speaker. Members, essentially what this bill does is it gives rulemaking authority for the implementation of the professional corporation act including setting the amount of the fees. I’d appreciate your support. [SPEAKER CHANGE] Further discussion, further debate. If not the passage before the house is the passage of house bill 1173 on its second reading. All in favor vote aye. All opposed vote no. The clerk will open the vote.

The Clerk will let the machine record the vote. 111 having voted in the affirmative and 3 in the negative, House Bill 1173 has passed its second reading and without objection will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina ?? [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 1173 on its third reading. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say no. The ayes have it. House Bill 1173 has passed its third reading and will be sent to the Senate. Senate Bill 477, the Clerk will read. [SPEAKER CHANGES] House Committee Substitute for Senate Bill 477, a bill to ?? Act to prohibit insurers and health benefit plans from limiting or fixing the fee an optometrist may charge patients for services or materials unless the services or materials are covered by reimbursement under the plan or insurer contract with the optometrist. General Assembly of North Carolina ?? [SPEAKER CHANGES] Representative Stone, please state your purpose. [SPEAKER CHANGES] Debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen, we had this bill in committee and we had a lot of healthy debate that left us sometimes with some questions we want to go back and ask. I think it came up in committee that this was a mandate, and what we want to do is look up: A mandate applies to any new medical benefit which insurance companies are forced to provide and drives up the cost, in turn drives up the insurance premiums. The Optometrists’ Society, we don’t believe that this is a mandate on price. We don’t want them to have a mandate on our price and we don’t believe that there should be a mandate on anything you don’t cover. We got this from four years ago, when you look at the dental bill. We did the exact same thing to make sure that it wasn’t covered. I’m sorry, I’ve ??. I look ?? my family, and I look to find out how it would affect me. In my family, we just need to get our eyes checked once a year, and what we found out, we would be covering costs for other to get sunglasses, hunting glasses and fishing glasses. So if we didn’t have the mandate in the bill for the optometrists, it would actually allow me to buy insurance cheaper for my doctor, so we’d ask that you support the bill. [SPEAKER CHANGES] Representative Murry, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. I think we all have a pretty good idea what insurance is. Insurance is pooled risk, and so if we all have a different medical condition’s insurance, what we do is we pool all our money, put it in a pot, and you might have a different risk profile than I do, and if I required coverage for a certain thing for everybody and you don’t have that condition, then that’s a mandate. And we’ve passed mandates before; we’ve debated mandates on this floor. We’re not talking about insurance here. This is not a covered service. My insurance card, I’ll pull it out. My insurance card doesn’t say anything about optometric coverage, even though my wife needs glasses, my ten-year-old needs glasses. A lot of insurance companies don’t actually cover the eye care that patients need, but they do negotiate this discount to be included in the network, and so for folks in this network, you get a discount. Everybody outside the network doesn’t get the discount. Everybody else pays more outside the network than the people inside the network. We’re trying to fix that with this legislation. Let me read a scenario sent to me by an optometrist that I think will illuminate this. So there are several companies that use small business dollars to fund their plans and inflate their values at no cost to them. Many of the standalone vision plans will approve overages and non-covered amounts. For example, we might have a 130 dollar frame allowance, which is what a lot of state employees have. They put 10 dollars a month away into a plan and then at the end of the year or throughout the year, the can get 120 dollars towards glasses. That’s not insurance. That’s just spreading your money over the year to get a discount on glasses. And so what happens is you get a 130 dollar frame allowance, they will reimburse the provider only 77 dollars, which is about a 40 percent discount. This is what’s available in the contract. However, if the patient selects a 400 dollar frame, the overage gets discounted another 30 percent, so then they deduct 10 percent from any funds due…

to the provider, and in some cases the insurance company is actually profiting on that discount because their getting it from two sources, both the patient and the optometry provider. So, I think this is a way to level the playing field to make sure that everybody’s cost goes down, instead of just the folks in a selected network. So, that’s what this bill seeks to remedy, and Representative Stone and I will be glad to answer any questions, and I believe Representative Stam will like to speak on this bill as well. If his lights not on. [SPEAKER CHANGES] The gentlemen will be recognized, in turn, Representative Saine, please state your purpose. [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. I just had a few concerns with the legislation, and one of my concerns: I wonder if we’re not being dragged into what boils down to a contract dispute between optometrists and insurance providers. I also believe the passage of the bill limits consumer choice. Why wouldn’t you want a discount, with whatever membership you’re in, whatever group that you might be involved with? NFIB and [??] chamber of commerce are opposed to this bill, and both have issued alerts. And lastly, we’re prohibiting a discount program offered by providers for their customers. What consumer discounts will we look into next? Why are we involved in it? I get a discount each month at Verizon, because I’m a state employee, I got it as a firefighter. It’s the same discount that’s offered to other groups. [SPEAKER CHANGES] Representative Stone, please state your purpose. [SPEAKER CHANGES] To see if the gentleman will yield for a question? [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I’ll yield. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Representive Sing, do you have any idea what the number of insurance providers are a member of the chamber or NFIB? [SPEAKER CHANGES] I do not. [SPEAKER CHANGES] Do you have any idea how many members of the optometric society are members of NFIB? [SPEAKER CHANGES] Is that a follow up? [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] The gentleman yields to a follow up. [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I’ll yield, would you restate it please? [SPEAKER CHANGES] Do you know how many members that we have from the optometric society, that are members of the NFIB or the chamber? [SPEAKER CHANGES] I do not. And thank you, Mr. Speaker, reclaiming my time, and it doesn’t really matter to me, because the principle is the same. I don’t know how many folks take advantage of the Verizon discount, but I do know that those groups do look after business interests and what’s good for the state as we grow business in our state. So, it does concern me when they issue an alert. And furthermore, other consumers may not get a similar discount, that’s life. Why we have to level the playing field for everybody, in every little instance, is somewhat beyond me and I’m not sure that that’s our purpose for being elected here. They’re private entities, their able to operate in a free market and negotiate contracts as whatever why they want to. So, I’m a little concerned that we’re now involved in this industry for the optometrists, and I just wonder what’s next. Thank you, Mr. Speaker. [SPEAKER CHANGES] Representative Stam, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill [SPEAKER CHANGES] Mr. Speaker, Members of the House, it somewhat depends on what category, you put a bill into, how you think about it. And, if you think about this as a mandate on insurance company. Mandate, that means: yes, no, thou shalt not. So they think of it as a mandate, which is a bad thing. But, if you think about it in another way, this bill is free enterprise, anti-mandate. I’d like to go back, not too long, to Adam Smith and The Wealth of Nations, you know, the capitalist, the free-trader, the free enterprise system. But even under that system, we do not allow monopolistic or anti-competitive activities. But we do that prospectively and just as this bill does, it doesn’t apply to existing contracts. It’s only contracts after a certain date. And we do that all year long, we say after a certain date you shall not have contracts that do certain things. Well, the category that I put this into is a tying arrangement. In other words, well, you buy a left shoe and you’re likely to want a right shoe for your right foot as well. So, most shoe places will sell shoes as a pair, and that’s very good. Car dealers typically will sell the tires and the battery and maybe the tire changer with the car because it’s not really good for the consumer immediately after getting that fresh new smell of the car to have to go out and buy tires and a battery, do you see my point? Those things are really related to each other for the benefit of the consumer. But here, you have things that are really

And it’s a attempt to use the monopolistic or leverage power of the party with the superior bargaining power to force you to do something else unrelated. Now at one time, these types of things were per se illegal. In 1917, there’s a U.S. Supreme Court case, motion picture patents case, that involved ways that they tried to monopolize the movie industry by patenting the projectors. And there’s been a whole series of U.S. Supreme court decisions. And I’ll be frank to tell you that it’s no longer per se illegal, a violation of the Sherman Antitrust Act, to do tying. Instead now they do a Rule of Reason. But that’s the lens through which I look at this bill. It is an unreasonable tying of two unrelated projects, where one party, the insurer, always has a greater market ability than the optometrist. I’ve never seen an optometrist’s office that had more than half a dozen people with it. And their just not in equal bargaining positions. So we say this is anti-competitive, its not good for the consumer, the legislature prohibits it for the future. [SPEAKER CHANGES] Representative Speciale, please state your purpose. [SPEAKER CHANGES] I couldn’t understand a word you just said. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] My optometrist drove about three in a half hours to get up here. And this is how he explained it to me. He said, “We have to take insurance.” He said, “I loose money when I take insurance like on the eye exams.” He said ,”The insurance companies might say, ‘we’ll pay you twenty dollars for that eighty dollar exam.” He has to take it, otherwise he doesn’t have customers. But then they have the audacity to tell him you’ve got to give discounts on your glasses when you sell them. Even though they don’t cover anything on the glasses. That’s the issue. And I ask you to vote “No” on this thing. Or vote “Yes” on this thing. [SPEAKER CHANGES] Representative Collins, please state your purpose. [SPEAKER CHANGES] To debate the bill? [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] I don’t think there is anybody whose anymore opposed to insurance mandates in this House than I am. There are probably some equally as opposed to them. I doubt anybody is more opposed to mandates than I am. I’ve consistently voted against insurance mandates. I used to rail against them before I ever got to the General Assembly, when I was the pack chair of the National Association of Insurance and Financial Advisors for North Carolina. And it’s not because of my concern for insurance companies. I think some of my constituents have asked me, “Well is it because you’re in the insurance business that you’re so concerned about these things?” Well the answer’s yes but not for the reason you think. Because the insurance companies are going to adjust their prices to make a profit no matter what. And if our insurance commissioner’s doing his job, which he does, he’s going to make sure they do that so that they can remain solvent and pay their benefits. That’s a big concern for everybody. So I’m not concerned about the insurance companies on any of these bills. I’m concerned about my clients who pay insurance premiums. The NFIB says we’ve passed something like fifty five insurance mandates back down through the decades. And maybe a few of them are bogus ones like this one, I don’t know. But let’s say the number is forty eight. And let’s say, we always hear, “well this isn’t even going to raise the price of insurance one percent.” Well, let’s assume that each one of them just raised the cost of health insurance half a percent. That means that our people in our state today are paying twenty four percent more for health insurance than they would without those mandates. I believe in letting them market drive what health insurance policies cover and don’t cover. But let me tell you this, there’s no way, as already been stated a couple of times, that this is a mandate. And if it is a mandate, it’s a mandate that’s going to have the reverse effect of every other mandate I’ve ever heard of. Because what this does is tell the insurance companies, “you cannot claim to be providing a benefit that you’re not providing. You cannot force the optometrist to take a discount on part of a puzzle that you’re not covering.” Now think about that. That means if I’m an insurance company, I’m offering, if this bill passes, I’m now offering a product with a lesser set of benefits. So what kind of pressure is that going to put on the price of the product? Upward or downward? Obviously downward. Now, again, I’m not concerned about the insurance companies. They’ll figure out how to do this. They’ll price it and they’ll price it without the discount for the glasses built in. And the price of vision insurance will go-

...down not up. So, is this a mandate? I thought mandates drove prices up. That's not going to happen. I also don't believe the argument that our optometrists are just going to suddenly kill all of us on the prices of eyeglasses. I believe the market will defeat that effort if any of them are crazy enough to try it. Most people know they can go down the street and buy their eyeglasses from somebody besides their optometrists. And if my optometrist is charging an outrageous amount, that he won't discount for any of us, and the optometrist down the block is doing something different, well, I'll change optometrists and go to that one. So, I think the market will take care of this. I'm like everybody else, I don't like these turf war bills. I wish bills like this didn't come before us, I really do. We hear them all the time. But, it's here, and we've got to vote one way or another. I would tell you, don't take the bogus argument that this is a mandate bill. It's not. If anything it will put a downward pressure on the price of vision insurance plans. And I don't think it's going to destroy anybody's prices for eyeglasses. I just don't think our optometrists are out to do that. I think this is a fairness measure. As we heard in the insurance committee the other day there really are only four major providers that have a significant number of insureds throughout the whole state. I think it was five-hundred-thousand or more in that category. So there are a limited number of choices for optometrists. They don't negotiate these contracts. They're handed a contract, and they take it or leave it. So I would encourage you to vote... as the insurance mandate hater of the House, the North Carolina House, I would ask you to vote "yes" on this bill. [SPEAKER CHANGES] Representative Robert Brawley, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker, ladies and gentlemen. As Representative Saine said there are people who currently benefit from these discounts, and I have to agree with Representative Stam. This bill does not affect any existing contracts. But you need to factor into your thinking every health insurance policy in this state is an annually renewable contract, and one year from now it will come under provisions of this bill, and anybody with an existing contract discounts will lose it. (sic) Thank you very much. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee substitute to Senate Bill 477 on its second reading. All in favor vote "aye," all opposed vote "no." The clerk will open the vote. The clerk will let the machine record the vote. 94 having voted in the affirmative, 19 in the negative. The House Committee substitute to Senate Bill 477 has passed it's second reading without objection. It will be read a third time. [SPEAKER CHANGES] General Assembly of North Carolina ?? [SPEAKER CHANGES] Further discussion? Further debate? If not, the question before the House is the passage of the House Committee substitute to Senate Bill 477 on its third reading. All in favor say "aye." All opposed "no." The ayes have it. Senate Bill 477 has passed its third reading and will be returned to the Senate. Representatives Johnson and Langdon are recognized. Send forth the committee report. The clerk will read. [SPEAKER CHANGES] Representative Johnson and Langdon for the Education Committee. House Bill 1062: Schematic Diagrams and Keys of Schools. 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 1061: Replace Common Core to Meet NC's Needs. Favorable as to the committee substitute, unfavorable as to the original bill, and re-referred to appropriation. [SPEAKER CHANGES] The committee substitute to House Bill 1061 will be re-referred to the Committee on Appropriations. Original bill unfavorable, calendar. [SPEAKER CHANGES] Senate Bill 370: Respect for Student Prayer, Religious Activity. Favorable as to the House committee substitute, unfavorable as to the Senate committee substitute. [SPEAKER CHANGES] House committee substitute, calendar. Senate committee substitute, unfavorable, calendar. Notices and announcements? Representative Starnes, please state your purpose. [SPEAKER CHANGES] For two announcements. [SPEAKER CHANGES] The gentleman is recognized for announcements. [SPEAKER CHANGES] Ladies and gentlemen of the House, Representative Hager's father had a rather serious stroke over the weekend. He's out of intensive care but Representative Hager is with him at this time, so let's continue to remember him in our thoughts and our prayers. And, secondly, the Republicans will caucus tomorrow at 2 o'clock PM in room 643, or whatever the appropriations room is. Thank you. [SPEAKER CHANGES] Representative Bill Brawley, please state your purpose. [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] The gentleman... the House would come to order, the gentleman is recognized for a point of personal privilege. [SPEAKER CHANGES] Thank you Mr. Speaker. Recently, a movie called "Lincoln" covered a short portion of that sixteenth President's...

Administration with the passage of the 13th Amendment through the US House of Representatives, it was one of the greatest pieces of legislation ever passed within that body. It’s really short and to the point, neither slavery nor involuntary servitude except as a punishment for crime whereby the party shall have been duly convicted shall exist within the United States or any place subject to their jurisdiction. Section 2, Congress shall have power to enforce this article by appropriate legislation. That was when part of our declaration of independence which said that all men are created equal and endowed by their creator by certain inalienable rights was made true and I’m proud to be a member of the party that was actually formed to abolish slavery in the 1850s. That document received from the Congress signed by William Seward sent to this body for ratification dated February 2, 1865 is currently on display right now in the archives building next to this building. I promise you when you look upon that and read it you will not be unmoved. If you are not able to get there by 5 o’clock today, it will be touring around the state so as we recognize the 150th anniversary of the great conflict that nearly tore this nation apart we can also recognize one of the great outcomes of that conflict that helped bring this nation together. I commend this to your attention, thank you. [SPEAKER CHANGE] Representative Adams please state your purpose. [SPEAKER CHANGE] Point of personal privilege Mr. Speaker. [SPEAKER CHANGE] If the house would come to order the lady is recognized for a point of personal privilege. [SPEAKER CHANGE] Thank you Mr. Speaker. I’ll be brief, I just wanted to thank all of the members of the house for receiving the ladies of Alpha Kappa Alpha today as we had Alpha Kappa Alpha day which is annual event to come to the legislature to talk about many of the issues that we’re concerned about, education and health fair, workers, and our children. We do this every year, our motto is in service to all mankind. The sorority was founded in 1913 and continues to do good work, it’s an organization of hundreds and thousands of women throughout this country and abroad. Many of them had to leave but they had a good day and you’ll be hearing from them regarding the issues that they talked to you about today. So I just wanted to thank you on their behalf and I’m happy to be a member of the Alpha Kappa Alpha sorority incorporated. Thank you. [SPEAKER CHANGE] Representative McGrady please state your purpose. [SPEAKER CHANGE] For an announcement. [SPEAKER CHANGE] The gentleman is recognized for an announcement. [SPEAKER CHANGE] Judiciary B will meet tomorrow at 10AM in 421 LOB. I just want to bring your attention to two matters. There is a proposed committee substitute for Senate bill 101 and members of the committee that will or has been circulated to you. Likewise we’ve had some amount of interest in house bill 1099, the unmanned aircraft regulation bill, and we are going to take that up but we’ll likely send it to a subcommittee and it will be the following week that there will be some votes on it so if you’ve got any concerns about that bill there is some time but we are intending to move it. [SPEAKER CHANGE] Representative Grier Martin please state your purpose. [SPEAKER CHANGE] For a point of personal privilege. [SPEAKER CHANGE] The gentleman is recognized for a point of personal privilege, the house will come to order. [SPEAKER CHANGE] Thank you very much Mr. Speaker. Members, we have a tradition here of announcing the folks that we’ve lost in combat but of course military service remains a dangerous profession even outside of the combat zone and North Carolina was reminded of that fact this past Friday when Sergeant Shaina Schmigel, a Fort Bragg paratrooper was killed in a jump late Friday night. She was from New York and was an intelligence analyst with 37th engineer battalion, second brigade combat team, 82nd airborne division with which she served in Iraq in 2011. She was 21 and I ask that you keep her family in your thoughts and prayers. [SPEAKER CHANGE] Representative Langdon please state your purpose. [SPEAKER CHANGE] A couple points of personal privilege. [SPEAKER CHANGE] The gentleman is recognized for a point of personal privilege. [SPEAKER CHANGE] The house ??? today which is what you call the second ?? group of Ramsay, John Bell, and John Jordan lost a contest..

Senate by one second. Now I tell you about that because the Senate sent interns to compete against us cause they couldn't be there. So in reality I think we won the contest. The second point is most of you know that my wife was in an automobile accident on May the seventh and we'd received cards, notes and emails and flowers from the House and all that and ??. My wife broke her right arm and she can't ride anything so she said I needed to stand up and tell you guys thank you for all that continued that. She is not doing well. She is having, she's got damage in her back and the pain is horrendous and we're continuing to work on that with therapy and some other things but I appreciate you continuing praying for her and thank ya. SPEAKER CHANGES Representative Tim Moore please state your purpose. SPEAKER CHANGES Couple of referrals mister speaker. SPEAKER CHANGES The gentlemen is recognized to state his motion. Mister speaker I'm ?? bill seven thirty four Regulatory format of twenty fourteen. At least have a serial referral to full judiciary once it's time in regular form. SPEAKER CHANGES Without objection. So order. SPEAKER CHANGES And house bill ten sixty one replace common cord a meet North Carolina's needs. May that be removed from the committee on appropriations and a calendar be added for the calendar tomorrow so by a later date. Have done that in consultation with the appropriations Chairmen. SPEAKER CHANGES Without objection. SPEAKER CHANGES So order. SPEAKER CHANGES Further notices and announcements. The court will read. SPEAKER CHANGES The house committee on the State personnel will meet. Tomorrow at 5pm at 5:44 LOB. SPEAKER CHANGES Representative Moore is recognized. SPEAKER CHANGES Mister speaker move that subject too ratification of bills, receipt of messages from the Senate, receipt of committee reports. Receipt of conference reports, Rereferall of bills of resolutions a point of counterfreeze and modifications to the calendar that the House do now adjourn to reconvene on June the fourth two thousand fourteen at four thirty in the afternoon. SPEAKER CHANGES Representative Moore moves second represented by representative Sane the house do now adjourn subject to the bills of ratification resolution messages from the Senate, receipt of committee reports, conference reports, re referral bills and resolutions, appointment of conferee and modifications to the calendar to reconvene on Wednesday June fourth at four thirty pee m. All in favor say aye. SPEAKER CHANGES Aye. SPEAKER CHANGES All opposed No. SPEAKER CHANGES No. SPEAKER CHANGES The House have it. The house stands adjourned.