The house will come order, members will take their seats, the Sergeant at Arms will close the door. Member and visitors, will please silence all electronic devices, the prayer will be offered a Representative Larry [xx], members and visitors in the gallery please stand, and remaining standing for the pledge of allegiance. Good morning, may God's blessing be find each and everyone but Pray God our Father we're astounded that Your greatness and Your glory, we look all around us Father and see the beauty of Your creation we just thank you that You made us in Your image that we might have the capacity to enjoy the wonders that You've made and Lord Lord, we thank you that You help us to be able to see just the evidence of Your handy-work and everything all around us, things great and mighty, things small and intricate, Lord there're creatures on this earth so small, we can't even see and we're just amazed. It's just the wonder of all that You are able to do, Lord we thank you for this great blessings, we thank you also Lord for small things, little things that give our life's pleasure and meaning that You made with that enjoyment in mind, Lord you have in every way provided that life could flourish and be good on this planet. We know Lord that sometimes we human beings mess up a lot of that and we pray for your forgiveness. Lord whether it be in personal relations and family and among friends, whatever it is, sometimes we say and do and even think things that displease you, we need your forgiveness but we thank you father we have the assurance, and that forgiveness is in your heart for you sent your son to display it without doubt. Lord we see your son upon the cross and we know you love us, and so Lord we pray that you help us to respond to that love, help us in turn to love you, not to desire more than anything else to please you and glorify you and all that we do and say. There are many voices that cry out to us in many ways for many things, some of those things oppose to one another, and it gives many confusion around here sometimes. We pray Lord in the midst of it all you help each and everyone of us to hear your still small voice and obey in Jesus name, amen. Allegiance to the Flag of the United States of America and to the Republic for which it stands one nation, indivisible, with liberty and justice for all. The gentleman from Ash representative Jordan is recognized. Mr. Speaker the journal for July 28 has been examined and found to be correct, I move that it be approved as written. Representative Jordan moves that the journal for July 28th be approved as written. Those in favor will say aye, those opposed wills aye no the journal stands approved. Ratification of bills and resolutions the clerk will read. following bills record presented for registration Senate Bill 345 [xx] amount time a motor vehicle can be [xx] after a collusion. House Bill and I would like to clarify that the mis ability of records of forensic and chemical analysis and to exempt schedule exparte hearing from reporter requirements house bill 134 [xx] provides that the manner who is soliciting as a prostitute is [xx] to prosecution for the offence of solicitation of house bill 185 I would like to repeal commission within the department cultural resources that has served their purpose and to repeal the statutory language to the use of North Carolina people for public documents and previously repealed commissions, house bill 186 I am meant to require the environmental review commission to conduct the study of water resources availability in the cape view river basin and to commit the rules review commission to private counsel under the certain circumstances, House bill 229 direct to modify the essentials for real properties for religious purposes and to authorize the holder of the limited [xx] and privilege to drive from one person's place of religious motion. House Bill 383 to recognize and [xx] Members the chair is receiving notice from the realm[sp?]
of the chamber it's hard to hear as the chair would ask members to take their conversations outside the chamber so that we may have order and the members may fully hear the clerk's report, clerk may house bill 383 enact recognize remain and read number of various section offences to make them more easily distinguishable from one another as recommended by the North Carolina COURT OF APPEALS IN "STATE OF NORTH CAROLINA V. SLADE WESTON HICKS, JR., " AND TO MAKE OTHER TECHNICAL CHANGES. HOUSE BILL 397, AN ACT TO CLARIFY THAT UPON CONVICTION FOR EXPLOITATION of an older adult or disabled adult in this cease[sp?] shall be used to satisfy the defendants restitution obligation as ordered by the court. House profile 29 an act of appeal over punishment of revoking a persons driver's licence for committed certain drivers while licence revoked defenses to make drivers who are license revoked and now moving for violations for certain purposes and to make other performing changes. House bill 721 an act to amend the laws related to land development, house bill 823 an act established advisory council on rare diseases in the school of medicine of the university of Chapter Hill. Chapter bills will be noted chair does not see the nurse for the day will come back to her introduction at a later time. Messages from the senate the clerk will read. House Bill 13 amends school health assessment requirements Calendar. House Bill 53, all mixes regulating animals. Calendar pursuing the rule 36b. House Bill for third reading 84 use of position letters of reference. Calendar pursuing the roof 36b. House bill 607 allow protective consumers to carry their freezers. Calendar pursuing the rule 46b. House bill 651a request for record keeping background checks. Calendar and without objection today's calendar. Objection, excuse me Mr Speaker what's the bill number say it a little bit loud so I can click here, the chair notes that as a relevant point of order the gentleman is having trouble here, the clerk will read in house bill 651 short title, appraisals, appraisal board, record keeping and background checks. No objection Is there objection? If not the bill will be added to today's calendar, the clerk may continue. House bill 800 clarified motor vehicle dealer deal on laws. Calendar pursuing to rule 36b. Calendar house bill 343. Representative Daughtry house bill 343 a bill to be entitled an act extra territorial jurisdiction of the town of Clayton and declining the extra territorial jurisdiction area of town of Wallace General Assembly of North Carolina Enacts. For what purpose does the gentleman from Johnston Representative Daughtry rise? Mr speaker to make a motion. The gentleman is recognised for a motion so that we do concur this is a local bill and I'm not aware of any opposition to either one of them. The gentleman from Johnston is moved that the house concur with senate committee substitute for house bill 343 for what purpose does the gentleman from Nash representative Collins rise? Ask the bill sponsor a question. Does the gentleman from Johnston yield to the gentleman from Nash? Yes sir. He yields. Representative Daughtry I'm trying to get you to convince me to vote for this bill because normally I don't like expansion VTGs but I've read through the bill and it looks like to me I think in every case, maybe in every case but the Wallis[sp?] case, the plots that are being added have to do with one company, and I guess maybe they're asking for this? Would you clarify that for me. Yes sir, a company called Novo Nordisk, they've been expanding and they've run out of room, Novo Nordisk and they bought land on the other side of the road and they want to be in the Clayton ETJ. So, it's only the land they bought. Doesn't include any other land except about the towns in favor of it and the businesses in favor of it. Further discussion further debate? Seeing none the question before the house is the passage of the Senate Committee Substitute for House Bill 343 those favoring passage will say aye, Aye. Those opposed will say no. In the opinion of the
chair, the ayes have it and the Senate Committee Substitute for House Bill 343 has been adopted and will be enrolled. House Bill 774, the clerk will read. Representative Daughtry House Bill 774, a bill to entitle an act to amend the law requiring the presence of licensed physicians at the executional death sentence, the General Assembly of North Carolina enacts. For what purpose does the gentleman from Johnston Representative Daughtry rise? To make a motion. The gentleman has the floor to make a if you remember members, some weeks ago we debated about the execution of death row and we took out the need for a doctor. The senate what they may refer to technical changes. I would recommend that we concur in senate house bill 774. Gentleman from Johnston is moved that the house concur with the Senate committee substitute for house bill 774. Discussion and debate; for what purpose does the gentleman from [xx] Representative Lookie[sp?] rise? Representative [xx] yield to the question. Would the gentleman from [xx] yield to gentleman from [xx]? Yes I would [xx] just said a moment ago that Senate changes were technical, could you tell me what you are describing as technical changes in the senate bill Same version of the bill compared to what was passed here in the house. I think there were some lands row in the wrong place there was absolutely nothing that changed what we did follow up will the gentlemen here opt for an additional question? The reference is to the fact that this procedure is exempt from the rule making process the fact that the public will not know what drugs were used in the execution you were referencing those describing those as technical changes they were in the bill when [xx] over both of those were I beg your pardon Both of those pervisions[sp?] were in the bill when they left the house the question whether or not you would know what drugs are being used, you will know why drugs are being used you just won't know where they came from but you'll know what the drugs are the war five down to speak on the [xx] motion the gentlemen has the floor to debate the motion members of the house, this version the senate version deal which will bring answer incurred just a balance every will of transparency in terms of our knowing, the public knowing what is going on with [xx] with execution. There is no reason why the public should not know what drug is being used. There is no reason why the whole procedure of the execution process should be exempt from the law making We have made and point on the last three years to deal with mostly every issue has been subject to will making. Why would this one be exempt this is a very important issue where public have to know more on what is going on in the execution process. I think almost eveyrone here knows that you should know about the batched execution in Oklahoma with the problems in terms of how the Gaza administered public have to know more what's going on in the execution process I think the press wants to know to the point that we already know that this bill is going to be subject to litigation. It makes no sense to go forward with those privacy motion as lack of transparency I hope we'll not concur that [xx] conference and that the house was farmed out to take out this issues that really harm transparency in public's knowledge of what is going on an issue as important as executions. Thank you For what purpose does the gentleman from rise? Sorry Does the gentleman from Cumberland represent the Glazier rise? Thank you Mr. Speaker to debate the motion please forward to debate the motion Thank you Mr. Speaker and I'll be brief I made more my comments when I was on the floor substantively before by protecting even those who are convicted
the most heinous crimes the eighth amendment reaffirms the duty of government to respect the dignity of all people even though the person that we're dealing with may not have respected at all the dignity of the person that they killed, but we absorb ourselves I think in part by this bill, and should not be doing that. There are this three clear litigation challenges that were resolved from this bill. None of which in my view were necessary to achieve the result the majority wants to achieve. The first by essentially trying to inoculate the manufacture from any bad press or from protest we created unnecessary first amendment challenge at the press association as already indicated they're going to file. I mean they made it's clear in the paper twice in the last several days, and we took up the bill on the senate, took up the bill there seems to be no question that which was going first amendment challenge, and that first amendment challenge maybe to every single execution that's planned which inevitably then will on the way that execution, second by removing the rule making process from the protocol process that's simply something we haven't done and setup the circumstance we the only one who's going to know that process is the word his or her stuff and not the condemned and not the condemned attorney and not more importantly the public, the protocol has been sort of when execution has been allowed what's protected them all along you follow the checklist, you follow the protocol, your trained on the protocol and it works, for those who remember seeing it in movie and if I remember was Shawshank Redemption but am trying really hard to remember what Tom Hanks was the one in charge, if you remember they practiced and practiced the procedure because it was all check listed. Well apparently we're eliminating the checklist and at least from a public perception and that I think is going to lead to more errors, and finally there's the constitutional issue I raised that we shouldn't have passed the bill before the [xx] case was decided that it was, it was decided five- four, in the last day of the session against the argument that I would've made, and so it appears that lethal injections involving the particular drug issue there are unconstitutional. The whole point if you read that opinion of the majority by Justice Solido[sp?] and the decent by Justice [xx] was focused on the record that was created in Tennessee about the drug and it's effect in the district courts decision about that effect on the maintence of the execution. If in fact we don't know and the condemned doesn't know what drug is being used it create a very difficult circumstance to create a record to litigate that issue in a sense to create pre- litigation for the litigation, if you understand what I'm saying. To simply get access to the compounding agency that's put the drug together and if we are changing the drug because each drug is different it will be litigated, but if we assent to this bill we will be creating a second layer litigation over there. And so the majority seeks to pass the Bill to expedite or fast restart executions, this will not do it, the majority seeks to pass the bill to expedite the process and overcome the legal obstacles that had previously existed, and they were substantial to this process but instead it adds at least two new layers of litigation. The first amendment and the transparency problem. Seems to me in the end a tremendous number of tax payers dollars will go into defending a procedure that we passed today that it's inherently flawed and ultimately doomed to failure. I think that the reverse of what the majority is seeking will happen as a result of this Bill and some of the provisions in it and if we were content to let the litigation that's currently there's a bunch of it play it's way out and get the rules set we would be probably in a position to restart if that's what those said much faster than we will be now, I think in the end, the majority will not have accomplished what it set out to do with this bill and will in fact will have created at least two separate sets of independent collateral litigation over every execution that hasn't existed previously. For those reasons I'm going to vote against the bill. Thank you Mr. Speaker. For what purpose does the gentleman from Johnston re[present [xx] rise? Speak a second time, The gentleman has the floor to debate the bill a second time. Thank you Mr. Speaker, you
know when we debated this bill, there was a motion to abolish the death penalty and the motion and the amendment was withdrawn. There are those people who do not favor the death penalty and there are those people who do favor the death penalty and I has in the law the death penalty, but because the court decided some years ago that you had to have a doctor present in order to carry out the execution. We have not had one since 2006 although we have over a hundred people on death row, so the question turns on whether or not we all want to do away with death penalty or at least try to get the law. As we know we can understand it followed in our state as to whether or not allow or require that the person or the culprit that makes the drugs be public. What will happen is; there will be thousands of hundreds of people protecting that company and so nothing will happen. This bill protects the company, but you will know what the chemicals are in the cocktail. and as Representative just mentioned the last day of session I believe the Supreme Court ruled 5-4 that using these drugs is not unconstitutional. So I believe that passing this bill is a step toward enforcing the law that already exists on the books, and I urge you to vote to concur with the Senate. Further discussion, further debate? If not, the question before the House is the motion to concur with the Senate Committee Substitute to House Bill 774. Those in favor will vote Aye, those opposed will vote No, the Clerk will open the vote. Representative Adams, does the gentleman wish to record on this vote? The Clerk will lock the machine and record 74 having voted in the affirmative and 34 in the negative the motion that conquers is adopted, the bill is ordered enrolled and sent to the Governor. House bill 287 the clerk will read Representative [xx] and [xx] house bill 287 claryfiyng changes to the laws governing proffesional and insurance external review, health insurance [xx] and insurance judiciary and company names to provide for the study of health insurance premium rate reviews process and [xx] from the insurance regulator, funds to implement that steady and recommended by the and then some of it got taken out put in the other bill. There ware two of these bills and so. General assembly North Carolina enacts for what purpose hat the gentleman from Gaston Representative Bumgardner rise? To speak on the bill. Gentleman has the floor to debate the bill. Memebers this the bill is, a bill that was requested by Department of Insurance. And we ran it a long time ago and then some of it got taken out and put in the other bill. There were two of these bills, and so we had to make some technical changes to this one. And in the mean time, another matter came to my attention that was passed in the last by any budget that remove the tax the detectability of a person that was defrauded out of there retirement account, one of my constituent contacted me and his retirement account was stolen for a lack of as better term from a financial adviser, and the costs we had changed the law limiting the deductibility of his loss, the department of revenue, state of North Carolina started going after him for taxes and penalties and early withdrawal on money that was stolen from him and so I thought that was a [xx] and I'm trying to do something about that and so I added that provision in this bill and I hope you'll vote for it. Thank you. what purpose does gentleman from [xx] representative [xx] rise? To ascertain the [xx] question Does gentleman from [xx] yield to the gentleman from Wake[sp]? I yield he yields Mr. Speaker [xx] and ask [xx] once so I don't
have the follow up, if we're are talking about section eight number one did that have anything to do with insurance, number two [xx] the judiciary too yesterday, number three has it been financed since then and number four the [xx] will tell you it will have, I'm sorry three and half tell you it would be, it's retroactive tax deduction that would have impact on of sum of less than $4 million I can wrap it all up one question, why shouldn't it go to finances since Judiciary too was told yesterday it would have to go to finance. I don't know the answer to that question, and I was told, I didn't get a fiscal note that is much less than $4 million. It's a smaller number of people and not a great amount of money, and what it has to do with insurance is, that was the best place to put it. Does the the gentleman from Gaston has the floor to respond to a question, further discussion, further debate, what purpose does the gentleman from Wake Representative Stam rise? I guess Would like to inquire some cheer finance. Maybe representative Brawley. Does the gentleman from Mecklenberg yield to question from the gentleman from Wake? I yield. He yields. Should have abolish the bill that has a acts provision, referective[sp] tax provision, that would cost something less, way less than $4 Million, but it's never been to finance to be sent to finance as a rule I would expect that it would, yes. Chair is going to displace the bill senate bill 183 the clerk will read. Senators Mchesick[sp], Daniel, Ratterman senate bill 183 a bill to entitle an act to eliminate confinement in response to violations from misdemeanors sentenced under the structure sentence act and recommended by the North Carolina policy verse the commission general assembly of North Carolinian act. For what purpose does the gentleman from Gilford[sp?] representative [xx] rise. To debate the bill. Gentleman has an order to debate the bill. Thank you Mr speaker, members of the house. This bill comes to us at the recommendation of the North Carolina senate sing policy advisory committee, and several others also. either have served or are now serving on that committee. This has to do with doing away with what a call can find and violation operations when a person on probation commits a violation of some sort. Under present law, we're talking here only about misdemeanor it's not felonies, misdemeanors and a lot of concern hen a defendant on probation for a misdemeanor conviction that violates a condition of probation under present law, the first two violations can only result in what is called confinement and response to violation CRV and that required 90 consecutive days in jail, keep in mind that everyday that we have somebody in jail it's cost taxpayers money. We found the water called quick deeps that we're using now for those on probation for misdemeanors will be working very well and what that is to simply when somebody has a violation, this is not another crime. This will be a violation like being late for an appointment or not fulfilling some order given by a probation officer and if a person has a violation like that the officer would have under this bill the authority to use a quick deep. That is to take a person to jail for one or two days to give them a test of what jail is like again to remind them, and then they'll go forth and send no more hopefully, they did it again, they can use quick deep again. This does not involve new criminal acts, it's just technical violations. This was a good recommendation, it will save money, it comes recommended by the sentencing and policy committee they have studied very thoroughly and I hope you all agree. For what purpose does the gentleman from Nash representative [xx] rise? To ask representative [xx] a question. Does the gentleman from Guildford yield to the gentleman from Nash? I do. He yields. [xx] I am not very familiar with the criminal justice system, that's why I have to ask this question, I was reading the paragraph that starts
on line 20 on page one and it looks like to me the first and second sentences contradict each other but that may be as a result of my ignorance, but is it possible to, is is possible to consign somebody without revoking their probation? Yes, what we're talking about the quick dip, his confinement in the local jail and the authority was given by the justice re investment Act, to the probation officer and this completely changes the concept of probation so that officer without having to charge this person as you would have to now, send him to court go through all that and then send him to jail for 90 days he can simply take him to and yes the officer has procedures he has to go through [xx] take that into jail for one or two days and it didn't work the first time he can try it again and that we've found that what we're doing right now is very successful thank you. Further discussion for the debate if not the question for the house is the Senate bill 183 on second reading. Question for the house is that passage those in favor will vote I those opposed will vote no the Clerk will open the vote. Representative, what else does the gentleman wish to record. The cordial code machine record. vote 105 having vote in affirmative and one the negative senate bill 183 passes at 2nd reading and will without objection be read a 3rd time [xx] For what purpose does the gentleman from Ash, Representative Jordan rise? To debate the motion briefly, the bill briefly The gentleman's recognozed the late bill on the chair apologize the gentleman turned his light on the debate earlier rise the chair to put the question for second reading. I was late with that. Gentleman has the floor. I just wanted to say I was in judiciary too when this bill went through and I understand the sense the commission has reviewed this. I did get an Email from one of my two Chief District Court judges, who was concerned. He saw of the positive impacts of having these misdemeanor CRVs and was concerned that there might be practical implication of acquiring free probation violation hearings before revoking this in our rural district. And he wanted more study to be done on the effectiveness of this quick so I just wanted to stand up and put that information out there for information, Thank you. Further discussions, further debate if not, the question before the house is the passage of senate bill 183 on its 3rd reading those in favor will say aye. Aye. Those oppose no. No. The ayes have it senate bill 183 passes it third reading, is ordered in road and sent to the governor senate bill 233, the Clerk will read. Senator McKissick, Bingaman and Daniel, senate bill 233, a bill to be entitled [xx] automatic [xx] records of a person from a charge or charges against the person is dismissed as a result of identity theft or mistaken identity. General assembly North North Carolina enacts. What purpose the gentleman from Cumberland rise representative Glacier rise? To debate the bill, Mr. Speaker. The gentleman has the floor to debate the bill. Thnk you Mr. Speaker nd members. This bill that unanimously passed out of J2 and passed the senate 48 to one senator Mckissck and Daniel and Senator Berghaum[sp?] are the sponsors and it does one thing pretty simple it's simply provides for the expedited automatic expanxion or of records of a person who was wrongfully charged for the crime because of the result of identity theft, or mistaken identity so someone who has their identity taken ends up being wrongly charged this provide an expedited way that they can record expurged when they were never the proper defendant to begin with, and I know of no opposition to the bill, thank you Mr Speaker For what purpose does the lady from Wake Representative [xx] rise? To ask the bill sponsor a question. Does the gentleman from Cumberland yield to the lady from the Wake? Certainly. He yields. Thank you Mr speaker, the thing we here about a lot of times is that some of this records make it into public sites and end up on the internet, is this something that can be avoided or is it something that we don't have to worry about? Well it will to some degree when those public sites pull it off of the official say, this takes care of the official say it doesn't go the next step and require the public site to take it down that sounds like sort off the next stage of what ought to be done here, this is just trying to solve the initial formal stage of getting them off the official record. Thank you. Further discussion, further debate, if not the question before the house is the passage of Senate Bill 233 on it's second reading. Those in favor will vote aye, those oppose will vote no, the clerk will open the vote representative
[xx] does the gentleman wish to record? The clerk will lock the machine and record the vote. 108 having voted in the affirmative and none on the negative senate bill 233 passes it's second reading and will without objection be read a third time. General assembly North Carolina enacts further discussion further debate if not the question before the house is the passage of senate Bill 333 on its third reading. All those in favor would say hay. Hay. Those opposed no. The hay's have it. Senate bill 333 passes its third reading. bill is ordered and enrolled and sent to the governor. Members earlier we displaced house bill 287, the chair is going to refer that bill to the committee on finance it does appear does have a at least there are some tax implications so that bill is there for funding the finance committee Also our nurse of the day is with us today, Katawana Shoemate from Charlotte, North Carolina. Ms. Shoemate, thank you for being here with us. Additionally on behalf of representatives Brown and Watson of Davidson county the chair is happy to extend the courtesies of the gallery to Mrs. Bonnie Todd and Mr. Mike Todd who are the grandparents of Troy Reed who is serving this week as a page. Would you all please stand so that we can welcome they're in the bacl there, thank you very much. Senate Bill 338, the clerk will read. Senator Stein and [xx], Senate Bill 238, a bill to [xx] a person commits an offence of cyber stalking different place normally a tracking device without consent and uses a device to track the location of an individual general assembly of the North Carolina act. For what purpose does the gentleman form Cambrin representative Glazier rise? To debate the bill Mr. Speaker. The gentleman has the floor to debate the bill Thank you I feel though this is the third time this bill is back on the house floor, that I have spend the vast majority of my legislative career on this one bill but hopefully it will end today move on. As you remember the House passed its version back in the spring, I think something like 162 or something like that, and sent it on to the Senate. It was going to in second reading, and we pulled it off on third reading to take it back and re-look at is as we were going to re-look at it in JII. The Senate passed it's bill which is before us 44 to nothing. And we have made some changes back in JII, and I think it came out unanimously, but let me tell you the few changes that have been made. The Senate Bill provides just as the House Bill did, that a person who commits the offense of cyber stalking if they knowingly installed a tracking device without consent and put it on the person or their car to track them. This is to get at stalking by perpetrators who are inand lonelier odd situations where they can attack them. A number of states have passed this legislation in the last couple of years and we've tracked ours based on Virginia's Law and there're now about 15 states that have a law, ours will be the most comprehensive, and we've added a number of exemptions so that we could get everybody but one group fully on board. Domestic Violence, coalitions supports this law, Law Enforcement's have supported it, there's only one issue we're unable to resolve in all the versions and I'll tell you that, that so you know, and what we're going to try to do about that, but essentially this is a really important Bill for the protection of young folks the only issue we're unable to resolve, we've it in the house version which was that, certain type s of private investigators to continue to use tracking devices it's taken out in the senate, the senate had a long debate on that and said, if you're going to bar the stalker as we from putting the device on the car, then if you allow the PI to be hired by the stoker, we're achieving the same thing through the backdoor and we tried to find a way around that. That's the most the most difficult and we've had a lot of good legal minds and committee minds and professionals trying to figure on how to handle that. What we decided with the permission of this body is simply to allow this Bill to proceed and at the end of the session and all the good things that aren't done. But to work with PI folks over the next couple of weeks we hope off session and if necessary
in the end to find some language that might allow them to continue to do it where domestic violence and protective order issue and all those things not in play. It has been much more complicated, Representative Conrad and I had discussion and I'm trying to continue work on Representative Fair-cloth with them and I think he can speak better than I can but what we decided is that 99% of the Bill that is good, we need to move on and get it done and we are going to try to figure out how to handle this but I will say no state did quite figure this out so we are going to be cutting new ground will do it, but I will appreciate representative [xx] on the bill, I hope I fairly and accurately portrayed and I think we're all unanimous as Resort Committee that this Bill needs to move and we ought to adopt the senate version. Thank you Mr. Speaker. For what purpose does the gentleman from Gaston, Representative Tobitt rise? Mr. Speaker to ask the senator from Cumberland a question. Does the Gentleman from Cumberland yield to the gentleman from Gaston? The gentleman yields. Yields. Thank you representative I heard your thing and I greatly respect you and the work that's done on this and I highly support it 99%. My concern is is under 1% you just mentioned. What certainty does a group of business individuals that currently operate as private investigators that their concerns will be addressed, and that they won't go a year or two or indefinite of a major concern and I will be honest to you, I don't know the full gambit having never dealt those individuals but a note came across my desk that said there is a legitimate concern out there that that could hamper their ability to perform. Can you give me some reasons? I think I can. The first is that I actually had we did in the house had them in the draft, we know the senate has strong opposition so that came out, there was opposition in the house I might add to that provision as well, but what I've said to them and I think I've been upfront with them from the beginning back in March when we started this process, Representative Faircloth has done the same thing, infact we held this bill for several weeks when it came back over to try to work out something, Representative Faircloth had it moved to rules and then to J2, they have been unable to give us language that satisfies the concern so we know there's an issue but we're trying to figure out how to do it. Representative Conrad has been great to say that she feels strongly that we need to do this. I think that we all are very committed, we want to get this protection in place for all of the stalking victims that are out there, we just can't one of the state has been able to sort of figure out part of this. All of the other states have sort of exempted, have sort of pointed on this and take them out so we don't want to take them out but we're at a point we've got to get the bill passed and so what we've agreed to do is to continue to meet among ourselves with them I've got a vehicle that's unused and unneeded I'm sure there's plenty that the majority has that can be stripped and a provision put in and I have given my word that we will do our best to do that. Mr. Speaker. Does the gentleman have any additional question? Thank you representative, thank you very much, thank you for the answer. So you feel what percentage is I know nothing is uncertain, the only thing certain is what percentage of comfort, what's your comfort level that something will be enacted in this session. I have a fairly high level comfort of getting it out, of working it out with the group in the house, we've talked to Senator Stan[sp?] and he's going to try to talk to the folks who had the most opposition in his body about their problem with private investigator issue so I'm fairly comfortable, assuming we're here for more than two weeks and I think that's a safe assumption that something's going to be worked out but it's going to take us really sitting down and focusing on this sole provision so my comfort level was better than 50/50. Thank you Mr, Speaker. For what purpose does the gentleman from Guildford represent a [xx] rise? To debate the bill. The gentleman has the floor to debate the bill. Thank you, Mr. Speaker. I want to echo what Representative Glazier has said as far as the information about this bill, it is a good bill it certainly is a well thought out bill and the most important thing is it is a bill that is needed technology as you all know is moving so rapidly that its getting ahead of the system as far as intrusions that can we made into the private life of our citizens and this is one part that not only could be an intrusion, but it could cause some physical harm in some cases if it went in the wrong direction. I want you to know that the private investigators are an honorable group they have a viable need, we have talked to them, we have tried to find the answer,
we believe it's there and we believe we can find a way to keep from having them have any distress whatsoever we just can't do it quite yet, and to wait any longer while we're shopping for that is just not fair to those people who are being affected by this right now out there, so I would urge that you go ahead and vote Green on the bill and you have, as well as Representative Glazier, you have my an honor that I will work as hard as I can to find an answer for the PIs. For what purpose does the gentleman from Craven, Representative Speciale rise? To speak on the bill. The gentleman has the floor to debate the bill. While I always trust in folks in the government that said that they'd get something done I do have concerns with passing a bill that flawed that restricts the employment, something that's needed for the private investigators to do their job and we're going to make it illegal because we can't figure out how to word it I don't see what the sense of urgency is that this Bill get passed right now, GPS has been around for years. It's been used legally and illegally and I don't see where a couple of more weeks of holding off on it and getting the Bill fixed and having it done properly, I don't see why we can't wait there's no guarantee once this Bill is passed that anything is going to happen and we're going to prevent private investigators from being able to do their jobs because we can't come up with the right words. Just a thought, when a private investigator takes on a customer make sure he knows which customer he's taking on I'm sure there's a way to check to see whether there's any restraining orders or anything on him. I just think we're making a mistake passing a Bill so it's flawed but we'll fix it later because it's going to affect a lot of people. So I'm going to vote No, and I ask that you vote No. Representative Glazier, will the gentleman yield to a question? question from the Chair? Yes Mr. Speaker. Does the gentleman think the Chair sees the lights turning off and on on this thing? Does the chair think it might be helpful this bill were to be postponed the next week that the gentleman can consult with some members to see if something could be arrived at? Mr. Speaker I would normally say yes but this bill has been with us since March and it's gone through the same process three times. I think that the core of the bill is what needs to be done, we've agreed with the private investigator to try to find an answer which I might add is alluded of bunch of other States and I think their [xx] would have do it by giving the timing that we're the people who are being affected negatively, who are being stalked. I think it's really important to pass the bill and I think that those of us who stood up we don't pass perfect bills on this law probably ever but I think with Representative Conrad's agreement, Representative Fair-cloth's mind, we've given as much assurance as we can do to come up with a solution and we have vehicles to do it and we are going to try to do it. I can't do any better than that but I think that we've urgued this bill four times now and I think the importance of the bill on the 99% that is agreed on overrides the 1% that we're trying to figure out. Mr. Speaker, I might add the effective date as well is off so this is not taking effect instantly. For what purpose does the gentleman from Cabarrus, Rep. Pittman, rise? To speak on the bill. The gentleman has the floor to debate the bill. Thank you, Mr. Speaker. I'm in a bit of a quandry here because I certainly don't want to kill this bill. It's trying to do something good and I support the intent of the bill. My problem is with the way it is right now and this problem with the private investigators, if we were at the point of motion to concur, we can say not concur and face it in conference. We're not at that point. So as much as I'm [xx] what you're trying to do here to get done, I agree with Rep. Speciale. I'm very nervous about passing something and just trusting that it will get fixed and as much as I want to vote for this bill as long as we haven't gotten that worked out I don't see how I can vote for it, thank you. Mr. Speaker. Just a moment the chair has been informed that there's going to be an amendment prepared to the bill and it is the belief of the chair that this debate will run along in this bill and the chair will ask the the body's indulgence to displace the Bill to Monday evening that does not appear to be timelessness are there any members having objection to that? Hearing none the bill will be rescheduled for Monday evening. House bill and I would ask those members who were planning on running amendments to as a source to share those with the bill sponsors and to have those to the in advance over those could be handled expeditiously on Monday. For what purpose, strike that senate bill 581 the clerk will read.
Senator Bill, senate bill 581 built on entire and acted on directly to the problem of transportation to study the process for certain sub vision of streets. dedicated is public on the state highway system for maintenance and to amend the senator property owners needed to approve traffic common devices in certain southern divisions, [xx] in North Carolina enacts. For what purpose does the gentlemen from Columbus Representative Wardell rise? To speak on the bill Mr. Speaker. The gentleman is recognized to debate the bill, the house will come to order. Ladies and gentlemen of the house, Senate Bill 581 came to transportation yesterday and was kind of like gods sent for me. If any of you in this body have had issues with subdivisions having roads that are not passable or are not having ways to get emergency vehicles and fire vehicles in and out of those places then this Teddy bill is going to try to do something about, coming up with a way and a plan to trying to address those problems. I know probably in myself I've had more calls about subdivision roads than any other house in my district, there is also another provision that was added to that Bill, insurance protection has to do with common devices. Representative Dollar I think added that amendment so, I stand ready for questions urge your passage for what purpose does the gentleman from Cumblin[sp?] Representative Ford Rise to see if Representative Dollar will yield for a question. Representative Dollar does the gentleman form Wake yield to the gentlemen from Cumberland? I yield he yields Representative Dollar, you know clerk would mention that the devices would be in accordance to the department of transportation regulations Yes. Follow up question Mr. Speaker. The gentleman is recognized for an additional question, does the gentleman yield? I yield. He yields. Some of the devices that we've seen rises maybe an inch or to two inches that the car was hit and then rollover all with the devices would be a smooth rollover. In the area that, really this is focused on because I think is fairly limited in all knack of the woods we use the traffic tables which you go up, you go over, you go down on and so you you don't get that, that bad harp and see it's a Home Owners Association there's excitement law underneath this that we passed about four years ago and that addresses this matter. But given that the Home Owners Association is the one that has to pay for these for the installation under the offices of the DAT. I can assure you they're going to put in something that is amenable to their members because they are on that street everyday. Thank you Mr. Speaker. for what purpose does the gentleman from Robison Representative Graham's? Speak on the Bill. The gentleman has the floor to debate the Bill. Thank you Mr. Speaker, members as I stand in support of this study, I tell you for a fact North Carolina has, well over 4500 miles of unpaid subdivision rose in this state, travelling to California and halfway back. I hope this study will do something about this problem and is a problem, it's a problem for a lot of counties, and probably well over 70 counties in the state so I think this is a good bill, I think is a good step in the right direction, this is been how my rate are since I've been here, I have heard people lose the automobiles and holes as big enough to have a sub compact or disappear in one of these sub division holes so we have a problem and I am so disappointed in this motion, I hope we have some good come out of this first state. So I stand Hope that they will have unanimous support on this study. Thank you. Further discussion further debate? If not the question before the House is the passage of Senate bill 581 on a second reading. Those in favor will vote Aye, those opposed will vote No. The Clerk will open the vote Is Representative [xx] on the floor?
The Clerk will lock the machine and record the vote, 106 having voted in the affirmative and none in the negative and actually the Chair would be recording as voting other Chair forgot it's Senate bill 581 passes it's second reading and will without objection be read a third time. General Assembly of North Carolina enacts. Further discussion further debate? If not the question before the House is of senate bill 581 on its third reading. Those in favor will say aye? Aye. Those opposed No? The ayes have it. Senate bill 581 passes the third reading they will be returned to the senate. Members we [xx] today's calendar that's house bill 651 the Clerk will read. Representatives Honister, Zucker and B. Turner House Bill 651 built to the enact to civil action filed after the period of record intention established at the uniform standards of professional appraisers practicing five years whichever is greater and to to require appraisal management companies to accept criminal background checks performed within the proceeding 12 months general assembly of North Carolinian act. For what purpose does the Gentleman from Guilford Representative Hardister rise? To make a motion and to debate the motion. The gentleman's is recognized for a motion. Thank you Mr speaker I move that the house concur with the senate committee substitute for house bill 651. I move the house concur with the senate committees substitute for house bill 65? The gentleman is probably moved that the house concur with the vote, the gentleman now has the floor to debate the motion. Thank you Mr Speaker, member's there are two parts of this bill, section one is saying as when it pass the house it pertains to the statutes limitations for civil action related to real estate appraisals, section two is added to the bill in the senate. It allows real estate appraisal to submit one background check to ANC's instead of having to provide separate background checks for each ANC they work for, this will stream line the process and save money for independent contractors and small businesses, but it still require the back ground check to be provided, the bill passes senate Monday night 40 to 0, and I'd appreciate your support of the motion to concur. For what purpose does the gentleman from Meckelburg representative Browley rise? To debate the bill. The gentleman has the floor to debate the motion. Thank you Mr speaker, this was on the house, I raised an objection at the time and I'll raise it again today, real estate appraisers will be the only professionals in the state of North Carolina with an absolute bar to liability after five years not doctors not lawyers no really anyone else we're going to open a door to give everybody a limit to their liability or we accept that there shouldn't be a limit in this case I oppose concurrence I ask you to vote no, thank you. For what purpose does the gentleman from Mecklenburg representative Bishop rise? To debate the motion. The gentleman has the floor to debate the motion. I thank the speaker and I join the concerned representative Rowley[sp?] and adding to that I find no statute limitations in the state statute that benefits the single type of business or single type of actor there are statutes implementation is for professionals the section that is amended by this bill 1-51 five years statute limitations and it applies I'm going to modify slightly what I said it applies to railroads. Now at the time was adopted for railroads in the 1890's railroads were very big deal so sort of lie saying [xx] of a road if you will today if they were private roads. I agree that it is unprecedented the other thing I think is worth emphasizing opening phrase not withstanding GS1-529 and then it goes to say that you can't bring a law suit against a real state appraisal beyond five years from the time the appraisal was done. Well 1-52 subsection 9 is the discovery rule for fraud. That is a rule general [xx] that says if someone has committed fraud and you do not discover wrong doing because it is concealed the statute of limitation is told until you discover it or have the information available from which you can in the exercise of reasonable diligence discover the wrong doing I can not imagine a good reason for providing one classification of an act out there in the business world an exemption from the rule that their wrong doing, will not be, the time won't run out on a claim to relief or rising out of fraud they've engaged in, and I see no reason before here I haven't heard any I voted against this one it came up before and I still can't find any reason for it.
Thank you What purpose does the gentleman from Wake representative Stam rise? To ask Representative Bishop a question. Does the gentleman from Mecklenburg yield to the gentleman from Wake? I yield. He yields Representative Bishop I don't know the answer for this but maybe you do, isn't there a statue to propose for Attorneys at four years? There's a statue to propose for Attorneys at four years but it only applies to the specific types of acts they engage in I can't give you detail without going and reading the statue. There are also but it does draw to mind that they a statue to propose under 1-50 for conditions of real property being served for what that cuts that off, but again it's, the point that I was making earlier is even with respect to your point Representative Stam about professionals under I think it's 1-47 I'd have to look at it, but at least that applies to an entire class of actors, professionals. This one is real estate appraisers picked out of the air. You might fit something like a statute to repose into the five year statute to repose under 1-50 for claims for relief arising out of the condition of improved real property, that might make sense. There actually is a very long statute of limitations, either 10 or 15 years which is very peremptory and it covers almost everything, but I just don't see a reason for picking out, what if you were to pick out insurance agents? Or pick out sellers of frisbees, I don't know I just don't understand the reason for picking out one particular type of business person and giving them a special rule. For what purpose does the gentleman from Guildford representative [xx] rise? To debate the motion second time. The gentleman is recognized to debate the motion a second time. Thank you Mr. Speaker, members I just want to make a couple of points here that first of all, this relates to civil not criminal action and also the vast according to North Carolina appraiser code, the vast majority claims happens within the first five years. But this is actually extending the statute limitations two years we're gone from three to five which will put us in line with uniforms standards of professional appraisal practice again I want to make clear this pertains to civil not criminal action and I appreciate your support. For what purpose does the gentleman from Mecklenburg representative Browley rise? I wonder if representative Bishop will yield for a question. Does the gentleman from Mecklenburg yield to the other gentleman from Mecklenburg? I yield. He yields. Thank you representative, if I want to check my understanding of your explanation. While this bill does not protect an appraiser from prosecution of an illegal act. if that illegal act a fraud caused a loss to an individual but that loss was not discovered and prosecuted until after six years. That individual harmed by that illegal act will be barred for suing for damages to recover from the intentional act of that appraisal, is that essentially what you said? That is correct and just to clarify one thing, fraud is not only a basis of a criminal prosecution, it is the basis of a civil lawsuit, a civil claim. So all of the statutes to which I was referring are limitations of actions of civil actions, and they are all done by category and by general rules, so the one I made reference to 1- they talk about establishing the discovery rules for claims, civil claims based on fraud its again civil claims, it has got nothing to do- nothing that I'm discussing has anything do to with criminal law, but the entire set of limitations provisions for civil claims in the general statute are done in a generally applicable way, they don't pick out one type of act by one and make special rules, so finish the answer, if I might, a point was made that it lengthens the statute implementations, well, that's sought of true. Right now, the general rule the one that covers most claims is in that 1-52 from which sub-section nine comes, and it is that most claims are released you have a three year tax implementations, so in a sense, this would extend tax implementations to five years but it's an absolute rule and it's and it cuts off the possibility of a recovery for fraud that
would no longer be told under the general rule, so again it creates a special rule and I see no basis for doing that, thank you for the question Will the gentleman yield for a second question please? Does the gentleman yield for an additional question? I yield. He yields. The existing three years you discussed, you used the phrase tolling and as I understand in this case, that's not you pay 25 cents for the ride, but this is in fact from the point that the era or the fraud is discovered, that is when the clock on the statute of limitations begins to run, so that in my previous example under existing law, the three year limitation begins when the fraud is discovered. Is that correct sir? The gentleman need not to turn law you have it down path. Thank you Representative Louis is recognized to debate the motion. Thank you Mr. Speaker Ladies and gentlemen in the house [xx], We have order in the house please. You have the floor. Thank you, Mr Speaker, we've taken quite a bit of time on this bill. I'd like this motion, I'd like to remind this house that the essence the passage of this motion, would be the adoption of a bill that is friendly to small independent businesses. It deals with two basic issues related to real estate appraisals. First, the bill bars legal proceedings after five years or after the established period of record of retention, whichever is longest, this bill was passed by the house. The second issue is frequency of background checks for appraisers. Currently appraisal management companies can require independent appraisers to have multiple criminal background checks during the year three or four. This takes time, it takes money out of their pockets. This bill establishes that registered appraisal management companies requiring criminal background checks of apraissers shall accept one that has been performed in the last 12 months. This is very with all other areas flaw. This bill has passed the House and the Senate by wide margins, and I would respectfully ask the members of this chamber to vote to concur. Further discussion or debate? If not, the question before the house is the adoption of the motion to concur on House Bill 651. I don't have my glasses. Those in favor will vote aye. Those opposed will vote no. The Clerk will open the vote. The Clerk will lock the machine and record the vote. The ayes are 70. The nos are 37. The motion to concur has been passed and the bill would be enrolled and sent to the Governor. Pages, would you all come to the front of the chamber so that we can introduce you? No one was here Monday night when you came While you are coming I would like to thank you for your services this week. I hope it has been interesting, informative and that you will come back in about twenty years. His representatives. If you would step forward and did you hear when I call your name. Ashley Baker[sp?] of Buckingham county sponsored by representative Holloway [xx] representative Louis [xx] spot by Representative Darren Jackson, thicker of light spots by Representative Jackson, London Freeman of Cabarus[sp?] sponsored by Representative Larry Whitman, Austin Kimbrough of union sponsored by Craig Horn, Representative Grace Lemutania[sp?] of wipes sponsored by of Wake sponsored by speaker Moore [xx] of Mecklenburg sponsored by representative Larry Yarborough Andrew McWalter [xx] sponsored by Representative Debra Conrad. Anna Martina of Cabaras sponsored by Representative Mike Hager. Mayor Medlin of Holler facts sponsored by Speaker Moore, Troy Reed of Davidson sponsored by Representative Sam Watford, Carol Robinson on Mecklenburg sponsored by the Chair James Robinson the third of New Hanover sponsored by Rick Gatling [xx] sponsored by William B Nicholas [xx] sponsored by representative Beverly Earl, Kennedy Washington of Cumberland sponsored by
representative Rick Glasier Kasy withered of Wayne sponsored by representative Jimmy Dickson, and Neon Guard[sp?] of Cumberland sponsored by representative Rick Glasier. Thank you so much for your service and you can resume your stations. Representative Dollar is recognized for an announcement, this is an announcement. Thank you Mr. Speaker, this is just a reminder that the full appropriations committee will met at 1 O'Clock also all other members, certainly including all [xx], everyone is invited to attend, we've got one bill that we'll also going to talk about education and we've got a number of public speakers that are going to be there as well. So, look forward to seeing you in about 45 amendments. Representative Brawley has recognised for announcement. Thank you Mr. Speaker, the house committee on finance will meet in room 544 at 8:30 in the morning. All the bills being noticed will be taken up, in addition we will add house 287 that was displaced from today's calendar. We can have order for the rest of announcements, Representative Terry is recognized Thank you Mr. Speaker, this is actually for a moment of personal privilege. You're recognized for a point of personal privilege not to exceed three minutes. Thank you very kindly I want to remind the members that I've sent you an email about a very special event that is happening in Winston Salem on August 3rd through 8th. It's the National Black Theater Festival. It is a celebration of the Arts, but as we say in Winston Salem, Black Theater, is for everybody. So we would invite you to come and partake with us and see how the streets of Winston Salem, North Carolina turned in to a place like L. A. Or New York or any of the other places where you have actually a stars who you watch on television from time to time if you have time. It is a celebration that it's [xx] Larry Leone, Havellon called [xx] providing a blend of marvellous and fantastic it's also a celebration of culture, art, it provides [xx] for children to learn about theater for play writing, it's just a marvelous time for an entire week, over one hundred performances are provided in every venue the firm is in Winston Salem for a person to act on the stage, I'd invite you to encourage your family and your friends to visit Winston Salem for one of the days during of the festival, and I'll also make you understand that this festival which is a biennial occasion and is being held this year has created an economic impact for the city of Winston Salem that totals close to $15 million for those eight days that everybody is there in the process of celebrating theater, so please watch your email and just click on it so you can get a full blown idea about what we're doing in arts and culture how we've actually as the city of the arts created economic impact through venues such as the national [xx] festival. Thank you very much Thank you, for what purpose representative [xx] rise? Regarding House Bill 651 likely recorded as voting no. You'll be so recorded. [xx] recognized for a representative statement. Thank you Mr. Chair though I was going to have to ask for a point of personal privilege, I'd like to have the clerk read the statement in full please and then speak to the statement. The clerk will read statement recognized from the 25th anniversary of the Americans with Disabilities Act whereas on July 26th, 1990, President George H. W. Bush signed into Law Americans with Disabilities Act to ensure the civilized of things with disabilities and whereas the legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities and whereas the ADA has expanded the opportunities for Americans with disabilities by reducing variance and changing
perceptions, by increasing full participation in community life, and whereas continued commitment to the principles of the ADA is necessary helping individuals with disabilities to reach their full potential and whereas July 26, 2015 was the 25th anniversary of signing of the ADA and whereas [xx] celebrate and recognize the progress that has been made on forming the principles of equality and inclusion recommending our efforts to achieve full ADA compliance, now therefore July 26, 2015 we celebrate in North Carolina is 88 day for the children of the citizens with disabilities in witness bunner[sp?] of the undersigned[sp?] satisfied [xx] statement shared in the house placed upon a journal on the 29th day of July, 2015, submitted by Representative [xx] House Principal Clerk Jimmy[sp?] Swiks[sp?]. Representative [xx] is recognized for further comments. Thank you Mr. Speaker, I'm not going to ask for you to raise your hands, but I want you to be honest, how many times have you been travelling through a parked parking lot and been just a least bit irritated by all those empty handicapped spots upfront. On a rainy day when you got a screaming child in the car, you realize there a lot of people under the age of 25 that don't know why they are there. I don't think many of us stop to think about why they are there either, but I'll give you a story that tells you why they are there, and it's a story about the 1950s, and it's about my uncle Earl. He was a lineman for the Georgia Power Company, and he was on his ladder truck repairing a light when his truck was hit by a driver. He was knocked off, suffered a broken back and was paralyzed from the waist down. Now Georgia Power outfitted his home, so that he will be able to use his wheelchair. They converted his cars every year when he had changed cars. They even had a job for him when he recovered and was able to go back to work. He was an avid hunter and fisherman. He modified his deerstand. He outfited his boat so he could be able to fish. But the rest of the world was not so wheelchair friendly. He couldn't take my aunt out to eat. He couldn't take my cousin to the movies. Then July 26th, 1990 came and the Americans with Disability Act was signed into changed. Thanks to curb cuts, ramps, widened doors, handicapped parking spots and a lot of other modifications, the world opened up for a lot of people like my uncle who had suffered a tragic accident. It opened up for people who were born with disabilities like spina bifida or cerebral palsy and to our veterans who've come back from war with debilitating handicaps. For the people who took their time and understood what was necessary to put those parking spots in the front of those buildings, I want to say thank you, and we owe all of them a very great debt of thanks as well. And let's not be as irritated in the future when we have to drive a little bit further down that parking lot to find a spot. Thank you. Thank you, Rep. Avila. Rep. Lewis is recognized for an appropriate motion. Mr. Speaker, subject to receipt of messages from the Senate, committee reports, conference reports, the re-referral of bills and resolutions and the appointment of conferees I move the House now adjourn to reconvene Thursday July 30th at 11 o'clock AM. Representative Lewis moves, seconded by Representative Setzer, that the House adjourn subject to the messages from the senate committee report conference reports re-refferal of bills and resolutions appointment of conferees to reconvene Thursday July 30 11 o'clock am when there will be votes those in favor will say aye. Aye. Opposed say no the ayes have it the motion carries.