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House | March 19, 2015 | Chamber | House Session

Full MP3 Audio File

The House will come to order. Members will take their seats. Visitors will retire from the chamber. The sergeant in arms will close the doors. Members and guests in the gallery are asked to please silence all electronic devices. Today's prayer will be offered by Representative Riddell. Members and the visitors in the gallery are asked to stand and remain standing for the pledge of allegiance. Representative Riddell. [SPEAKER CHANGES] Thank you mister speaker. I'd like to read a verse from the old testament, the book of Micah, chapter six, verse eight. He has shown the old man what is good and what doth the Lord require of thee, but to do justly and to love mercy and to walk humbly with thy God. Please join me in prayer. Father we thank you for this day and for the privilege to be in this body on this day. You have indeed shown us what you require of each of us. Help us to do justly according to your definition of justice. Help us to love mercy according to your perfect definition of mercy, and help us to remember that you, alone, are God, and we are your servants sent here to do the people's business who have sent us, and to do what is right and pure and acceptable in thy sight. May all that we say and do in this day will be pleasing to thee. We pray in Christ's name, amen. [SPEAKER CHANGES] Amen. I pledge allegiance to the flag of the United States of America, and to the republic for which is stands, one nation, under God, indivisible, with liberty and justice for all. [SPEAKER CHANGES] The gentleman from Harnett, Representative Lewis is recognized for a motion. [SPEAKER CHANGES] Mister speaker, the journal for March 18 has been examined and found to be correct. I move that it stand approved as written. [SPEAKER CHANGES] Representative Lewis moves that the journal for March 18 be approved as written. Those in favor will say aye. Those opposed no. The ayes have it, and the journal is approved. Members, if you would join me, and I know the hour is drawing late, but if you would, please join me in thanking our pages who are with us today. They're gonna be leaving at three o'clock. We want to thank you all for being here this week. We hope you had a great time. Board of Governors election, first item of business. Members, pelase take your seat as we proceed with the University of North Carolina Board of Governors election. Pursuant to House resolution 37, the rules for voting are as follows. Number one, no nomination may be received from the floor. Two, in order to be elected a nominee must receive the votes of a majority of all members in present of voting. Three, each member present voting shall vote for as many nominees as there are positions to be filled, and any ballot not so marked shall be deemed void. What that means is you have to vote for eight, no more, no less. Four, if fewer than eight nominees receive the votes of the majority of all members present in voting, a run off to fill the open position or positions shall be conducted amongst the nominees who are not elected, but who received the highest number of votes cast and the number of nominees eligible to be voted on in the runoff shall be twice the number of positions to be filled. Five, if there is a tie for the last position between two nominees who are eligible for the next runoff, both nominees will be included in the next runoff balloting even though they would be more than two nominees per available position. Six, if more than eight nominees receive the votes of a majority of all members present in voting, then the eight nominees receiving the highest numbers of votes shall be deemed to have been chosen. I believe the gentleman from Cumberland, Representative Glazier, the gentleman from Durham, Representative Luebke, the two members wish to be excused from voting today. Is that correct? [SPEAKER CHANGES] Yes, sir, under rule 241A. [SPEAKER CHANGES] Yes, sir. Thank you. [SPEAKER CHANGES] Any further excuses from voting? For what purpose does the lady from Mecklenburg, Representative Carney rise? Did the lady accidentally press her light? Okay. The sergeant in arms will distribute the ballots to the members. Members we ask that you please take your seats so that the sergeant in arms can place a ballot with you.

Members, while the Sergeant-at-Arms is distributing the ballot, don't get up for this purpose, but please join me in welcoming our nurse of the day, Stephanie Leach from Raleigh, who is in the back of the chamber. Thank you, Miss Leach, for being here. Members, if you will notice on the ballot, you please print and sign your name. You'll notice on the, to the, I believe to the bottom right--the Speaker--I don't yet have a ballot myself, but maybe I'll get one in a minute. On the bottom, sort of on the bottom you'll see "print and sign." Please do that. Have all members completed their voting? This looks remarkably like the SAT. SPEAKER CHANGES Mr. Speaker? SPEAKER CHANGES For what purpose does the gentleman from Rowan, Representative Warren, rise? SPEAKER CHANGES Would you like us to turn our light off when we've completed voting? SPEAKER CHANGES Denise says please don't, it may crash the system, so… For what purpose does the gentleman from Gaston, Representative Torbett, rise? SPEAKER CHANGES Do you have another Number 2 pencil? SPEAKER CHANGES We just sold the last one from the dispenser outside. Thanks for asking. You can use whatever you want to, yes, that's fine. Except for Representative Hamilton. For what purpose does the gentleman from Scotland, Representative Pierce, rise? SPEAKER CHANGES Mr. Speaker, but can we at least hit our buttons so--the number of people that voted today? Can we do that? The number in the chamber, see how many people were here to vote? SPEAKER CHANGES The clerk reports that we have seven excused absences, and two members who have request excuse. I don't know if anyone was off the floor. Is there anyone who did not receive a ballot who was off the floor when the process started? Looks like it should be okay. Yes sir.

[NO AUDIO 25 SEC] Are members finished voting? Is anyone still voting? Help him, Mike. Again, just to make sure everybody knows the rules. You must vote for eight. No more than eight, no less than eight. And you must sign print and your name on the ballot. Please be sure you have printed and signed your name to the ballot. It does not have to be in cursive, except for Representative McElrath. Hers has to be in cursive. I mean Hurley. That was [LAUGHTER] Randolph, not ?? correct. Just turn it into open mic night up here. Is anyone else still voting? Representative Harris. [PAUSE] Members, while we're wrapping up the voting, just to let you know the procedure today. I'll be naming the Teller Committee. You all will be glad to know I am not a member of the Teller Committee. I will be here, thank you. And I'll announce the Teller Committee in a few minutes but what will happen while the folks are off counting, the only business that we will do will be the introduction of bills, the messages from the Senate and the committee reports. We will not take any votes until the folks return from the counting. But there are a number of bills and so forth to read in. Representative Harrison, are you done? Anyone else still voting? All right, the Sergeant at Arms is directed to collect the ballots. [PAUSE] Pages are free to go. We thank you for your service this week again. Have a great weekend. [APPLAUSE] [PAUSE] Members, the Teller Committee is as follows: Representatives Brian Brown, Dollar, Hastings, Speciale, Jordan, Carney, Hamilton, Hanes and Insko are appointed to canvas the ballots. Those members are asked to please retire to the members' conference room, just off this side of the House chamber. Did everyone get their ballot collected? All right. Members, we have a recognition to do. We actually have a school group with us today. Coddington Elementary School from Wilmington North Carolina. If you all would please stand so we could welcome you. Glad to have you here today. [APPLAUSE] To the school, your members are Representative Catlin who is standing here if Representative Catlin wants to wave up, Representative Hamilton who I think may have just had to step off the floor and Representative Davis. Again, we're glad to have you all here with us today. Representatives Howard and Jeter are recognized to send forth a committee report. The clerk will read. [SPEAKER CHANGES] Representative Howard, Jeter

[SPEAKER CHANGES] Banking Committee Report. House Bill 106, Expand Banking Commission Membership. Favorable committee substitute, unfavorable original bill. [SPEAKER CHANGES] Committee substitute calendar, original bill unfavorable calendar. Representatives Davis and Ford are recognized to send forth a committee report. The clerk will read. [SPEAKER CHANGES] Representative Davis, Ford, Local Government Committee Report. House Bill 143, Charlotte Silver Service Board, favorable. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] House Bill 99, Town of Polkton De-annexation favorable and re-referred to Finance. [SPEAKER CHANGES] The bill is re-referred to the Committee on Finance. [SPEAKER CHANGES] House Bill 131, Town of Maggie Valley De-annexation, re-referred to Finance. [SPEAKER CHANGES] Bill is re-referred to the Committee on Finance. Representatives Davis and Ford are recognized to send forth an additional committee report. The clerk will read. [SPEAKER CHANGES] Representatives Davis and Ford, Local Government Committee Report. House Bill 201, Zoning Changes Citizen Input, favorable subcommittee, committee substitute, unfavorable original bill. [SPEAKER CHANGES] Original bill unfavorable, calendar, committee substitute calendar. At this time, members we'll move into the introduction of bills and resolutions. The clerk will read. [SPEAKER CHANGES] House Bill 272, Representative Richardson, Save the Honey Bees Special Plate. [SPEAKER CHANGES] Rules calendar and operations of the House. [SPEAKER CHANGES] House Bill 273, Representatives Jackson and Glazier, Clarify Conditional Discharge Law. [SPEAKER CHANGES] Judiciary Number Two. [SPEAKER CHANGES] House Bill 274, Representatives Gill, L. Bell, Elmore, and Riddell, Retirement Technical Corrections Act of 2015. [SPEAKER CHANGES] Referred to the Committee on Pensions and Retirement. [SPEAKER CHANGES] House Bill 275, Representatives Bryan, Bradford, Cotham and Bishop, School Calendar Flexibility, Charlotte-Mecklenburg Schools. [SPEAKER CHANGES] Committee on Education K-12. [SPEAKER CHANGES] House Bill 276, Representatives Ross, Gill, Goodman, and McNeill, Agency Participation Procedures Act of 2015. [SPEAKER CHANGES] Bill is referred to the Committee on Education K-12 if favorable, re-referred to the Committee on Pensions and Retirement. [SPEAKER CHANGES] House Bill 277, Representatives Ross, Gill, Goodman, McNeill, Retirement Administrative Changes Act of 2

2015. SPEAKER CHANGES The bill is referred to Pensions and Retirement. SPEAKER CHANGES House Bill 278, Representatives Speciale, Collins, Pittman, and Lambeth: Increase Small Brewery Limits. SPEAKER CHANGES The bill is referred to Alcoholic Beverage Control. SPEAKER CHANGES House Bill 279, Representatives Pendleton, Malone, Dollar, and Avila: Wake County Local Board of Equalization Review. SPEAKER CHANGES Committee on Local Government. SPEAKER CHANGES House Bill 280, Representatives Ager, B. Turner, and Fisher: School Calendar Flexibility/ Certain School Systems. SPEAKER CHANGES Committee on Education K-12. SPEAKER CHANGES House Bill 281, Representatives L. Hall, Setzer, Cunningham, and Pierce: Records to Medical Examiner. SPEAKER CHANGES Are referred to the Committee on Health. SPEAKER CHANGES House Bill 282, Representatives Cleveland, R. Brown, and Riddell: Streamline Seized Vehicle Disposal. SPEAKER CHANGES Committee on Regulatory Reform, and if favorable, Committee on Finance. SPEAKER CHANGES House Bill 283, Representatives Bishop and Blackwell: Supreme Court Session in Morganton. SPEAKER CHANGES Committee on Judiciary IV. SPEAKER CHANGES House Bill 284, Representatives Glazier and Stam: Civil Procedures/ Civil Contempt/ No Fines. SPEAKER CHANGES Judiciary II. SPEAKER CHANGES House Bill 285, Representative Jones: Fair and Legal Redistricting Process. SPEAKER CHANGES Committee on Elections, and if favorable, Committee on Judiciary II. SPEAKER CHANGES House Bill 286, Representative Jones: Dental Hygienists/ Intraoral Local Anesthetics. SPEAKER CHANGES Committee on Health. SPEAKER CHANGES House Bill 287, Representatives Setzer and Bumgardner: Amend Insurance Laws. SPEAKER CHANGES Committee on Insurance. SPEAKER CHANGES House Bill 288, Representatives Setzer and Bumgardner: Insurance Technical Changes. SPEAKER CHANGES Committee on Insurance. SPEAKER CHANGES House Bill 289, Representatives Ross, Jeter, and Hardister: NC Money Transmitters Act. SPEAKER CHANGES Committee on Banking, and if favorable, Committee on Finance. SPEAKER CHANGES House Bill 290, Representative Willingham: Prohibit Powdered Alcohol. SPEAKER CHANGES Committee on Alcoholic Beverage Control, and if favorable, Committee on Health. SPEAKER CHANGES House Bill 291, Representatives Hurley and McNeill: Hazardous Materials in Safe Deposit Box. SPEAKER CHANGES Committee on Judiciary I. SPEAKER CHANGES House Bill 292, Representative Hurley: Beach Bingo Licenses. SPEAKER CHANGES Committee on Judiciary I, and if favorable, Committee on Finance. SPEAKER CHANGES House Bill 293, Representative Stevens: Adoption Law Changes. SPEAKER CHANGES Committee on Judiciary III. SPEAKER CHANGES House Bill 294, Representative Boles: Prohibit Cell Phone/ Delinquent Juvenile. SPEAKER CHANGES Committee on Judiciary II. SPEAKER CHANGES House Bill 295, Representative Boles: Juvenile Media Release. SPEAKER CHANGES Committee on Judiciary II. SPEAKER CHANGES House Bill 296, Representatives Boles, Alexander, and Hunter: Occupational License/ Amend Funeral Service Practice Laws. SPEAKER CHANGES Committee on Judiciary I, and if favorable, Committee on Finance. SPEAKER CHANGES House Bill 297, Representatives Burr and Stevens: DHHS Child Support Recommendations. SPEAKER CHANGES Committee on Judiciary III. SPEAKER CHANGES House Bill 298, Representatives Burr and Stevens: Amend Uniform Interstate Family Support Act. SPEAKER CHANGES Committee on Judiciary III. SPEAKER CHANGES House Bill 299, Representatives Burr and McNeill: Occupational License/ Private Protective Services Act Changes. SPEAKER CHANGES Committee on Judiciary II, and if favorable, Committee on Finance. SPEAKER CHANGES House Bill 300, Representatives Riddell, Whitmire, L. Bell, and Ross: Modify School Performance Grades. SPEAKER CHANGES Committee on Education K-12. SPEAKER CHANGES House Bill 301, Representatives Collins, Ross, Tine, and Warren: Escheat Fund Modifications. SPEAKER CHANGES Committee on Pensions and Retirement. SPEAKER CHANGES House Bill 302, Representatives Tine, McElraft, Millis, and Harrison: Strengthen Oyster Industry. SPEAKER CHANGES Committee on Agriculture. SPEAKER CHANGES House Bill 303, Representatives Horn, Daughtry, Davis, and Stevens: Dispute Resolution Amendments. SPEAKER CHANGES Committee on Judiciary III, and if favorable, Committee on Finance. SPEAKER CHANGES House Bill 304, Representatives Hager, Collins, J. Bell, and Hanes: Revisions to Outdoor Advertising Laws. SPEAKER CHANGES Committee on Commerce and Job Development, and if favorable, Committee on Finance. SPEAKER CHANGES House Bill 305, Representatives R. Moore, Hanes, C. Graham, and Hamilton: Jump-Start Businesses/ New Markets Tax Credit. SPEAKER CHANGES Committee on Commerce and Job Development, and if favorable, Committee on Regulatory Reform, and if favorable, Committee on Finance, and if favorable, Committee on Appropriations. SPEAKER CHANGES House Bill 306, Representatives Lewis, L. Hall, Avila, and Lambeth: NC Cancer Treatment Fairness. SPEAKER CHANGES Committee on Insurance.

[SPEAKER CHANGES] Members, I'm advised by the clerk that there are no messages from the Senate. This would be an opportune time, if any member intends to rise to a point of personal privilege. For what purpose does the gentleman from Wake, Representative Stam, arise? [SPEAKER CHANGES] A parliamentary inquiry, Mr. Speaker? [SPEAKER CHANGES] The gentleman may state his inquiry. [SPEAKER CHANGES] In other words, if we do our personal privileges now, we won't have to stay so late this afternoon before we want to go home. Is that what you're saying? [SPEAKER CHANGES] The gentleman's observations are both astute and correct. For what purpose does the gentleman from Mecklenburg, Representative Jeter arise? [SPEAKER CHANGES] Point of personal privilege, sir. [SPEAKER CHANGES] The House will come to order. The gentleman may speak up to three minutes to a point of personal privilege. [SPEAKER CHANGES] Thank you for the time limit. We hear a lot in this room, in this building, in the newspaper about how we don't get along, how we don't like each other. Yesterday I was sitting in the other building and I was having a problem with my thumb, which as you can see now is all wrapped in blue and everything. And I had a member of this building come in, comfort me, treat me like their brother, made me reassured in what I was doing, which was a service situation I was getting nervous about. And I think too often we forget how much admiration there is between us regardless of party affiliation, regardless how long we've been in this building and I would just like the members to know how much I appreciate Representative Adcock's incredible kindness to me and made me feel better in a very difficult personal situation. I just want to thank you in front of this body because too often we forget how much we do have in common and how much we are trying to develop personal relationships, so I'd like to thank you in front of this body. [SPEAKER CHANGES] Members, if I may have your attention please. At the request of the bill's sponsor, without objection, on page three of your calendar, House Bill 82, short title Execution Non-Secure Custody Order Child Abuse, and House Bill 211, Expand Use of Toxicology Funds, will be removed from today's calendar and re-calendared for Tuesday next week. Is there objection? Seeing none, so ordered. [SPEAKER CHANGES] Members, the Chair is aware of no other members seeking recognition at this moment, so the House will stand at ease as we await- The House will come back to order. The gentleman from Wake, Representative Dollar is recognized to announce the results of the UNC Board of Governors election. The gentleman has the floor. [SPEAKER CHANGES] Thank you Mr. Speaker, members. The results are as follows, and I'm going to try to read these from the, from the highest to the lowest, and I'll try to be clear when we've got to the eight. Pearl Burris-Floyd 99, Mary Ann Maxwell 96, David Powers 93, Alex Mitchell 93, Philip Byers 82, Jim Holmes 79, J.T. Knott 63. And I believe those are your top eight vote-getters that will be elected. Seven? Okay, who have I missed here? Walter Davenport 64. Those are your top eight vote-getters.

The other votes are Edgar Broyhill, 63; Hari Nath, 59; Raiford Trask, 51; and Todd Johnson, 12. I called Broyhill, I'm sorry. Edgar Broyhill, 62. The gentleman from Wake, Representative Dollar, is recognized for a motion. SPEAKER CHANGES Pursuant to Article 6, Section 5 of the North Carolina constitution, that persons named have received a majority vote of the members present and voting, be elected to the UNC Board of Governors. And let me read the eight names again, Mr. Speaker. The eight names again would be Pearl Burris-Floyd, Mary Ann Maxwell, David Powers, Phillip Byers, Walter Davenport, Alex Mitchell, Joe Knott. I believe that's eight. SPEAKER CHANGES I believe the gentleman may have left off Mr. Holmes's name in calling the names. I heard several people say "Holmes." SPEAKER CHANGES Jim Holmes. James Holmes. SPEAKER CHANGES The Chair is going to repeat the names, not in a particular order, but just in the names that are on the sheet in front of the Chair. The gentleman from Wake, Representative Dollar, has moved that the following individuals be elected to the UNC Board of Governors, which will be an electronic vote. Again, the Chair will read the names again. Byers, Davenport, Holmes, Knott, Maxwell, Mitchell, Powers, and Burris-Floyd. Representative Dollar moves, pursuant to Article 6, Section 5 of the North Carolina constitution, that the persons just named, having received the majority vote of the members present and voting, be elected to the UNC Board of Governors. All in favor will say aye, all opposed no. The ayes have it and the voice vote passes. The election will now be confirmed by an electronic vote. The question before the House is the adoption of the motion that the UNC Board of Governors be elected. So any in favor of the confirmation of the persons named heretofore will vote aye, those opposed will vote no, the clerk will open the vote. The clerk will lock the machine and record the vote. One hundred and six having voted in the affirmative and none in the negative, the motion is adopted. This election is confirmed and the Senate will be so notified. Notices and announcements. The Chair is going to remove the remaining business to Monday night's calendar. Notices and announcements. If not, the gentleman from Harnett, Representative Lewis, is recognized for a motion. SPEAKER CHANGES Mr. Speaker. Mr. Speaker.

Mr. Speaker, I move that subject to re-referral of bills and resolutions, messages from the Senate, appointment of conferees, that the House adjourn to reconvene on Monday March 23rd at 7 o’clock PM. [SPEAKER CHANGES] Representative Lewis moves, seconded by Representative Bumgardner, that the House do adjourn, subject to the stipulations as announced to the Rules Chair, to reconvene on March 23rd at 7 o’clock PM. Those in favor will say “aye”.