JOURNAL
OF THE
House of Representatives
OF THE
1975
GENERAL ASSEMRLY
OF THE
STATE OF NORTH CAROLINA
SECOND
SESSION 1976
Lithographed by
Winston Printing Company
Winston-Salem, N. C, U. S. A.
OFFICERS AND MEMBERS
OF THE
House of Representatives
SECOND SESSION 1976
James C. Green, Speaker Clarkton, Bladen County
C. Kitchin Josey, Speaker Pro Tempore . . . Scotland Neck, Halifax County
Grace A. Collins, Principal Clerk Fuquay-Varina, Wake County
Sam J. Burrow, Jr., Reading Clerk Asheboro, Randolph County
C. Graham Tart, Sergeant-at-Arms Clinton, Sampson County
REPRESENTATIVES
House
District
Name
Address
1st (2)
Camden
W. Stanford White (D)
.Manns Harbor
Dare County
Chowan
Currituck
Vernon G. James (D)
.Elizabeth City
Dare
Pasquotank County
Pasquotank
Perquimans
Tyrrell
Washington
2nd (1)
Howard B. Chapin (D)
.Washington
Beaufort
Beaufort County
Hyde
3rd (3)
Chris S. Barker, Jr. (D)
.New Bern
Craven
Jones
Craven County
Lenoir
Pamlico
4th (3)
Carteret
Onslow
Joe L. Bright (D) Vanceboro
Craven County
Daniel T. Lilley (D) Kinston
Lenoir County
Ronald E. Mason (D) Beaufort
Carteret County
Mrs. Wilda Hurst (D) Hubert
Onslow County
Hugh C. Sandlin (D) Jacksonville
Onslow County
HOUSE JOURNAL
REPRESENTATIVES — Continued
[Second
Session
House
District
5th (2)
Bertie
Gates
Hertford
Northampton
6th (2)
Halifax
Martin
7th (4)
Edgecombe
Nash
Wilson
8th (2)
Greene
Pitt
9th (2)
Wayne
10th (1)
Duplin
11th (1)
Brunswick
Pender
Name Address
Roberts H. Jernigan, Jr. (D) Ahoskie
Hertford County
J. Guy Revelle, Sr. (D) Conway
Northampton County
C. Kitchin Josey (D) Scotland Neck
Halifax County
George P. Cullipher (D) Williamston
Martin County
Larry P. Eagles (D) Tarboro
Edgecombe County
Allen C. Barbee (D) Spring Hope
Nash County
John Ed Davenport (D) Nashville
Nash County
A. Hartwell Campbell (D) Wilson
Wilson County
Sam D. Bundy (D) Farmville
Pitt County
H. Horton Rountree (D) Greenville
Pitt County
Henson P. Barnes (D) Goldsboro
Wayne County
Mrs. John B. Chase (D) Eureka
Wayne County
T. J. Baker (D) Wallace
Duplin County
Allen C. Ward (D) Shallotte
Brunswick County
1976]
HOUSE JOURNAL
REPRESENTATIVES — Continued
House
District
12th (2)
New Hanover
13th (3)
Caswell
Granville
Person
Vance
Warren
14th (2)
Franklin
Johnston
15th (6)
Wake
Name Address
B. D. Schwartz (D) Wilmington
New Hanover County
S. Thomas Rhodes (R) Wilmington
New Hanover County
William T. Watkins (D) Oxford
Granville County
T. W. Ellis, Jr. (D) Henderson
Vance County
Bobby W. Rogers (D) Henderson
Vance County
J. M. Gardner (D) Smithfield
Johnston County
Barney Paul Woodard (D) Princeton
Johnston County
Allen Adams (D) Raleigh
Wake County
Ruth E. Cook (D) Raleigh
Wake County
William A. Creech (D) Raleigh
Wake County
Robert L. Farmer (D) Raleigh
Wake County
Joseph E. Johnson (D) Raleigh
Wake County
Wade Smith (D) Raleigh
Wake County
HOUSE JOURNAL
REPRESENTATIVES — Continued
[Second
Session
House
District
16th (3)
Durham
17th (2)
Chatham
Orange
18th (2)
Harnett
Lee
19th (3)
Bladen
Columbus
Sampson
20th (5)
Cumberland
Name Address
Mrs. Dillard Griffin (D) Durham
Durham County
H. M. Michaux, Jr. (D) Durham
Durham County
George M. Miller, Jr. (D) Durham
Durham County
Edward S. Holmes (D) Pittsboro
Chatham County
Patricia Stanford Hunt (D) Chapel Hill
Orange County
Carson Gregory (D) Angier
Harnett County
Jimmy L. Love (D) Sanford
Lee County
James C. Green (D) Clarkton
Bladen County
R, C. Soles, Jr. (D) Tabor City
Columbus County
Richard Wright (D) Tabor City
Columbus County
R. D. Beard (D) Fayetteville
Cumberland County
George W. Breece (D) Fayetteville
Cumberland County
Charles Holt (D) Fayetteville
Cumberland County
Hector Ray (D) Fayetteville
Cumberland County
Lura Tally (D) Fayetteville
Cumberland County
1976]
HOUSE JOURNAL
REPRESENTATIVES — Continued
House
District
21st (3)
Hoke
Robeson
Scotland
Name
Address
22nd (4)
Alamance
Rockingham
23rd (7)
Guilford
Joy J. Johnson (D) Fairmont
Robeson County
Henry Ward Oxendine (D) Pembroke
Robeson County
David R. Parnell (D) Parkton
Robeson County
John M. Jordan (D) .Saxapahaw
Alamance County
W. S. Harris, Jr. (D) Graham
Alamance County
Bertha M. Holt (D) Burlington
Alamance County
Conrad R. Duncan (D) Stoneville
Rockingham County
Henry E. Frye (D) Greensboro
Guilford County
Thomas 0. Gilmore (D) Greensboro
Guilford County
Leo Heer (D) High Point
Guilford County
C. W. Phillips (D) Greensboro
Guilford County
Thomas B. Sawyer (D) Greensboro
Guilford County
W. M. Short (D) Greensboro
Guilford County
Charlie Webb (D) Greensboro
Guilford County
HOUSE JOURNAL
REPRESENTATIVES — Continued
[Second
Session
House
District
24th (2)
Randolph
25th (1)
Moore
26th (1)
Anson
Montgomery
27th (1)
Richmond
28th (3)
Alleghany-
Ashe
Stokes
Surry
Watauga
29th (5)
Forsyth
Name Address
J. T. Pugh (D) Asheboro
Randolph County
Gilbert R. Davis (D) Randleman
Randolph County
T. Clyde Auman (D) West End
Moore County
Foyle Hightower, Jr. (D) Wadesboro
Anson County
Thomas B. Hunter (D) Rockingham
Richmond County
P. C. Collins, Jr. (D) Laurel Springs
Alleghany County
J. Worth Gentry (D) King
Stokes County
David H. Diamont (D) Pilot Mountain
Surry County
Margaret Tennille (D) Winston-Salem
Forsyth County
Richard C. Erwin (D) Winston-Salem
Forsyth County
Ned R. Smith (D) Winston-Salem
Forsyth County
Judson D. DeRamus, Jr. (D) Winston-Salem
Forsyth County
Fred S. Hutchins, Jr. (R) Winston-Salem
Forsyth County
1976]
HOUSE JOURNAL
REPRESENTATIVES — Continued
House
District
30th (3)
Davidson
Davie
Name
Address
31st (2)
Rowan
32nd (1)
Stanly
33rd (3)
Cabarrus
Union
34th (3)
Caldwell
Wilkes
Yadkin
35th (2)
Alexander
Iredell
Larry E. Leonard (D) Thomasville
Davidson County
Dr. John Varner (D) Lexington
Davidson County
Peter W. Hairston (D) Advance
Davie County
Robie L. Nash (D) Salisbury
Rowan County
A. Neal Smith (D) Woodleaf
Rowan County
Janet Pickler (D) New London
Stanly County
Dwight W. Quinn (D) Kannapolis
Cabarrus County
Betty D. Thomas (D) Concord
Cabarrus County
Aaron W. Plyler (D) Monroe
Union County
James H. Edwards (D) Granite Falls
Caldwell County
George M. Holmes (R) Hamptonville
Yadkin County
Ralph Prestwood (D) Lenoir
Caldwell County
J. P. Huskins (D) Statesville
Iredell County
William H. McMillan (D) Statesville
Iredell County
10
HOUSE JOURNAL
REPRESENTATIVES — Continued
[Second
Session
House
District
36th (8)
Mecklenburg
37th (2)
Catawba
38th (4)
Gaston
Lincoln
Name Address
Marilyn R. Bissell (R) Charlotte
Mecklenburg- County
Jo Graham Foster (D) Charlotte
Mecklenburg County
Laurence A. Cobb (R) Charlotte
Mecklenburg County
H. Parks Helms (D) Charlotte
Mecklenburg County
Craig Lawing (D) .Charlotte
Mecklenburg County
Charlotte Carolyn Mathis (R)
Mecklenburg County
Ben Tison (D) Charlotte
Mecklenburg County
Roy Spoon (R) Charlotte
Mecklenburg County
T. Cass Ballenger (R) Hickory
Catawba County
Frances E. Setzer (D) Newton
Catawba County
Carl J. Stewart, Jr. (D) Gastonia
Gaston County
E. Graham Bell (D) Gastonia
Gaston County
David W. Bumgardner, Jr. (D) Belmont
Gaston County
John R. Gamble, Jr. (D) Lincolnton
Lincoln County
1976]
HOUSE JOURNAL
REPRESENTATIVES — Continued
11
House
District
Name
Address
39th (2)
Avery
Burke
Mitchell
40th (3)
Cleveland
Polk
Rutherford
41th (1)
McDowell
Yancey
42nd (1)
Henderson
43rd (4)
Buncombe
Transylvania
44th (2)
Haywood
Jackson
Madison
Swain
Myrtle E. Wiseman (D) Spruce Pine
Avery County
W. H. Lachot, Jr. (D) Morganton
Burke County
Robert Z. Falls (D) Shelby
Cleveland County
Edith Lutz (D) Lawndale
Cleveland County
Robert A. Jones (D) Forest City
Rutherford County
Glenn A. Morris (D) Marion
McDowell County
Fred R. Dorsey (R) Flat Rock
Henderson County
Mary C. Nesbitt (D) Asheville
Buncombe County
Herbert L. Hyde (D) Asheville
Buncombe County
Claude DeBruhl (D) Candler
Buncombe County
John S. Stevens (D) Asheville
Buncombe County
Ernest B. Messer (D) Canton
Haywood County
Liston B. Ramsey (D) Marshall
Madison County
12 HOUSE JOURNAL [Second
Session
REPRESENTATIVES — Continued
Address
Franklin
House
District
Name
45th (1)
Jeff H. Enloe, Jr. (D)
Cherokee
Macon County
Clay
Graham
Macon
HOUSE JOURNAL
SECOND SESSION 1976
ONE HUNDRED EIGHTEENTH DAY
House of Representatives
Monday, May 3, 1976
In accordance with the adjournment motion of June 26, 1975, the House
is called to order by the Speaker at 12:00 noon on Monday, May 3, 1976.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
A leave of absence is granted Representative Hunt for May 3-5.
The Speaker announces that Representative John J. Hunt of the 40th
House District resigned on April 14, 1976. Mrs. Edith Lutz was appointed
on May 3, 1976, by the Governor to fill his unexpired term. The following
oath of office is administered to Mrs. Lutz by The Honorable Thad Eure,
Secretary of State.
"I, Edith Lutz, do solemnly swear that I will support and maintain the
Constitution and the laws of the United States.
"I, Edith Lutz, do solemnly and sincerely swear that I will be faithful and
bear true allegiance to the State of North Carolina, and to the constitu-
tional powers and authorities which are or may be established for the
government thereof, and that I will endeavor to support, maintain and
defend the Constitution and laws of said State, not inconsistent with the
Constitution of the United States, to the best of my knowledge and ability.
"I, Edith Lutz, do solemnly swear that I will faithfully discharge my
duties as a member of the House of Representatives of the 1975 General
Assembly of the State of North Carolina to the best of my skill and ability,
according to law, so help me, God."
The courtesies of the floor are extended to the family of Mrs. Lutz.
It is announced by the Speaker that Representatives David M. Blackwell
and James E. Long, of the 22nd House District, resigned as members of the
House of Representatives on July 31, 1975. Appointed by the Governor on
August 18, 1975, to fill these vacancies were Conrad Riley Duncan and
Bertha Merrill Holt, respectively. Oath of office was administered to Mr.
Duncan on August 28, 1975, and to Mrs. Holt on August 29, 1975. The
Speaker orders that these oaths be entered into today's Journal.
"I, Conrad Riley Duncan, do solemnly swear that I will support and
maintain the Constitution and the laws of the United States.
14 MAY 3, 1976 HOUSE JOURNAL [Second
Session
"I, Conrad Riley Duncan, do solemnly and sincerely swear that I will be
faithful and bear true allegiance to the State of North Carolina, and to the
constitutional powers and authorities which are or may be established for
the government thereof, and that I will endeavor to support, maintain and
defend the Constitution and laws of said State, not inconsistent with the
Constitution of the United States, to the best of my knowledge and ability.
"I, Conrad Riley Duncan, do solemnly swear that I will faithfully dis-
charge my duties as a member of the House of Representatives of the 1975
General Assembly of the State of North Carolina to the best of my skill and
ability, according to law, so help me, God."
"I, Bertha Merrill Holt, do solemnly swear that I will support and
maintain the constitution and the laws of the United States.
"I Bertha Merrill Holt, do solemnly and sincerely swear that I will be
faithful and bear true allegiance to the State of North Carolina, and to the
constitutional powers and authorities which are or may be established for
the government thereof, and that I will endeavor to support, maintain and
defend the Constitution and laws of said State, not inconsistent with the
Constitution of the United States, to the best of my knowledge and ability.
"I, Bertha Merrill Holt, do solemnly swear that I will faithfully dis-
charge my duties as a member of the House of Representatives of the 1975
General Assembly of the State of North Carolina to the best of my skill and
ability, according to law, so help me, God."
The Speaker announces that due to the untimely death of Representative
Art W. Thomas, of the 33rd House District, his wife, Mrs. Betty Dorton
Thomas was appointed by the Governor on October 21, 1975, to fill his
unexpired term. Mrs. Thomas took her oath of office on October 29, 1975,
and the Speaker orders that this oath be entered into today's Journal.
"I, Betty Dorton Thomas, do solemnly swear that I will support the
Constitution and laws of the United States ; and,
"I, Betty Dorton Thomas, do solemnly swear that I will be faithful and
bear true allegiance to the State of North Carolina, and to the constitutional
powers and authorities which are or may be established for the government
thereof; and that I will endeavor to support, maintain, and defend the Con-
stitution and laws of said State, not inconsistent with the Constitution of the
United States, to the best of my knowledge and ability; and,
"I, Betty Dorton Thomas, do solemnly swear that I will faithfully dis-
charge my duties as a member of the House of Representatives of the
General Assembly of the State of North Carolina, to the best of my skill
and ability, so help me, God."
Due to the resignation of Representative Richard Lane Brown III, of the
32nd House District, on January 26, 1976, the Governor appointed Mrs.
Janet W. Pickler to fill his vacancy on February 25, 1976. Oath of office
was administered to Mrs. Pickler on March 12, 1976, and the Speaker
orders that her oath be entered into today's Journal.
1976] HOUSE JOURNAL MAY 3, 1976 15
"I, Janet W. Pickler, do solemnly swear that I will support and maintain
the Constitution and the laws of the United States.
"I, Janet W. Pickler, do solemnly and sincerely swear that I will be
faithful and bear true allegiance to the State of North Carolina, and to
the constitutional powers and authorities which are or may be established
for the government thereof, and that I will endeavor to support, maintain
and defend the Constitution and laws of said State, not inconsistent with
the Constitution of the United States, to the best of my knowledge and
ability.
"I, Janet W. Pickler, do solemnly swear that I will faithfully discharge
my duties as a member of the House of Representatives of the 1975 General
Assembly of the State of North Carolina to the best of my skill and ability,
according to law, so help me, God."
Representatives Duncan, Holt, Thomas, and Pickler are recognized by
the Speaker.
COMMITTEE APPOINTMENTS
The Speaker appoints Representative Holt to the following committees:
State Personnel, Employment Security, Finance, Judiciary No. 2, Local
Government No. 1, Public Utilities.
The Speaker appoints Representative Duncan to the following com-
mittees: Highway Safety, Judiciary No. 3, Professional Law Enforcement
Personnel and Practice, Appropriations, Courts and Judicial Districts,
Mental Health, University Board of Governor's Nominating Committee.
The Speaker appoints Representative Thomas to the following committees:
State Properties, Appropriations, Insurance, Local Government No. 1, State
Personnel, Transportation.
The Speaker appoints Representative Pickler to the following committees:
Courts and Judicial Districts, Judiciary No. 1, Commissions and Institutions
for Blind and Deaf, Election Laws, Finance, State Government.
The Speaker appoints Representative Lutz to the following committees:
Commissions and Institutions for Blind and Deaf, Manufacturers and
Labor, Public Libraries, Base Budget, Highway Safety, Military and
Veterans' Affairs, Wildlife.
The following new appointments are made by the Speaker:
Representative Phillips is appointed Chairman of State Properties
Committee.
Representative Ward is appointed Vice Chairman of State Properties
Committee.
Representative Ellis is appointed Vice Chairman of Professional Law
Enforcement Personnel and Practice.
16 MAY 3, 1976 HOUSE JOURNAL [Second
Session
Representative^ Rountree is appointed Vice Chairman of Courts and
Judicial Districts Committee.
Representative Revelle is appointed Vice Chairman of Judiciary No. 1
Committee.
Representative Short is appointed Vice Chairman of Judiciary No. 3
Committee.
Representative Edwards is appointed Vice Chairman of Highway Safety
Committee.
Representative Woodard is appointed Vice Chairman of State Personnel
Committee.
The roll is called to establish a quorum and the following members answer
when their names are called: Representatives Adams, Auman, Baker,
Ballenger, Barbee, Barker, Barnes, Beard, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Cobb, Collins, Cook, Creech,
Cullipher, Davenport, Davis, DeBruhl, DeRamus, Diamont, Dorsey, Duncan,
Eagles, Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble,
Gardner, Gentry, Gilmore, Gregory, Griffin, Hairston, Harris, Heer, Helms,
Hightower, Edward Holmes, George Holmes, Bertha Holt, Charles Holt,
Hunter, Hurst, Huskins, Hutchins, Hyde, James, Jernigan, Joseph Johnson,
Joy Johnson, Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz,
McMillan, Mason, Mathis, Messer, Michaux, Miller, Morris, Nash, Nesbitt,
Oxendine, Parnell, Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn,
Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree, Sandlin, Sawyer,
Schwartz, Setzer, Short, Neal Smith, Ned Smith, Wade Smith, Soles,
Spoon, Stevens, Stewart, Tally, Tennille, Thomas, Tison, Varner, Ward,
Watkins, Webb, White, Wiseman, Woodard and Wright — 117.
A quorum having been established, the House proceeds with its business.
Representative Stevens, for the Committee on Rules and Operation of the
House reports the Journal of Thursday, June 26, 1975, has been examined
and found correct. Upon his motion, the Journal is approved as written.
Representative Stevens explains that the House adjourned in 1975 pur-
suant to H. J. R. 1283 which governs the procedure to be followed this
legislative session: "Sec. 2 That when the Senate and House reconvene
pursuant to Section 1 of this resolution, they shall consider only bills and
resolutions directly affecting the budget for the fiscal year 1976-1977;
provided, that after ratification of a joint resolution passed by a two-thirds
majority in each body, the Senate and House may also consider any matters
authorized by that resolution."
According to House Rule 32(a), bills and resolutions are filed in the
Principal Clerk's Office on the legislative day prior to first reading and
reference to committee.
During this legislative session bills pertaining to subjects other than
budget must be preceded by enabling legislation. Enabling resolutions will
follow the filing procedure; however, the principal bills may be filed with
1976] HOUSE JOURNAL MAY 3, 1976 17
the Principal Clerk but will remain there until their enabling resolutions
are ratified.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk :
By Representatives Quinn, Erwin, and Plyler:
H. J. R. 1285, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A
JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF
ARTHUR WEBSTER THOMAS, JR., A FORMER MEMBER OF THE
GENERAL ASSEMBLY.
By Representatives Quinn and Plyler:
H. J. R. 1286, A JOINT RESOLUTION HONORING THE LIFE AND
MEMORY OF ARTHUR WEBSTER THOMAS, JR., A FORMER MEM-
BER OF THE GENERAL ASSEMBLY FROM CABARRUS COUNTY.
By Representative Hyde:
H. J. R. 1287, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL ALLOWING FIRE PROTECTION TAX
LEVIES TO BE APPROPRIATED IN ORDER TO SUPPLY RESCUE
AND AMBULANCE SERVICES.
By Representative Hyde:
H. B. 1288, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE
THE APPROPRIATION OF FUNDS RAISED FROM TAXES LEVIED
IN RURAL FIRE PROTECTION DISTRICTS TO BE APPLIED IN
PROVIDING RESCUE AND AMBULANCE SERVICES WITHIN SAID
DISTRICTS, AND TO VALIDATE ANY SUCH FUNDS PREVIOUSLY
SO APPROPRIATED.
By Representatives Messer, Auman, Baker, Ballenger, Barbee, Barker,
Beard, Bell, Bissell, Breece, Bumgardner, Campbell, Chapin, Chase,
Collins, Creech, Cullipher, Davis, DeBruhl, Duncan, Edwards, Foster,
Gamble, Gardner, Gentry, Gregory, Heer, Edward Holmes, George Holmes,
Charles Holt, Hunter, Hurst, Huskins, James, Jernigan, Joy Johnson, Jones,
Josey, Lilley, Mason, Morris, Nash, Nesbitt, Pickler, Prestwood, Quinn,
Ramsey, Ray, Revelle, Sandlin, Sawyer, Schwartz, Wade Smith, Soles,
Spoon, Stewart, Tally, Tennille, Thomas, Tison, Varner, Watkins, Wiseman,
Woodard, and Wright:
H. J. R. 1289, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER THE
RECOMMENDATIONS OF THE NORTH CAROLINA PROFESSIONAL
LIABILITY INSURANCE STUDY COMMISSION AND BILLS ON
THAT SUBJECT.
18 MAY 3, 1976 HOUSE JOURNAL [Second
Session
On motion of Representative Stevens the rules are suspended in order
that H. J. R. 1285, H. J. R. 1287, and H. J. R. 1289, filed with the Principal
Clerk on Friday, April 30, 1976, a non-legislative day, may be referred to
committee today.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred to
committee :
By Representatives Quinn, Erwin, and Plyler:
H. J. R. 1285, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A
JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF
ARTHUR WEBSTER THOMAS, JR., A FORMER MEMBER OF THE
GENERAL ASSEMBLY, is referred to the Committee on Rules and Opera-
tion of the House.
By Representatvie Hyde:
H. J. R. 1287, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL ALLOWING FIRE PROTECTION TAX
LEVIES TO BE APPROPRIATED IN ORDER TO SUPPLY RESCUE
AND AMBULANCE SERVICES, is referred to the Committee on Rules
and Operation of the House.
By Representatives Messer, Auman, Baker, Ballenger, Barbee, Barker,
Beard, Bell, Bissell, Breece, Bumgardner, Campbell, Chapin, Chase, Collins,
Creech, Cullipher, Davis, DeBruhl, Duncan, Edwards, Foster, Gamble,
Gardner, Gentry, Gregory, Heer, Edward Holmes, George Holmes, Charles
Holt, Hunter, Hurst, Huskins, James, Jernigan, Joy Johnson, Jones, Josey,
Lilley, Mason, Morris, Nash, Nesbitt, Pickler, Prestwood, Quinn, Ramsey,
Ray, Revelle, Sandlin, Sawyer, Schwartz, Wade Smith, Soles, Spoon,
Stewart, Tally, Tennille, Thomas, Tison, Varner, Watkins, Wiseman,
Woodard, and Wright:
H. J. R. 1289, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER THE
RECOMMENDATIONS OF THE NORTH CAROLINA PROFESSIONAL
LIABILITY INSURANCE STUDY COMMISSION AND BILLS ON
THAT SUBJECT, is refered to the Committee on Rules and Operation
of the House.
1976] HOUSE JOURNAL MAY 3, 1976 19
READING OF PAPERS ADDRESSED TO THE HOUSE
The Speaker calls for the reading of the following-letter.
June 27, 1975
The Honorable James C. Green
Speaker of the House of Representatives
North Carolina General Assembly
The Legislative Bldg.
Raleigh, North Carolina
Dear Mr. Speaker:
For five consecutive terms I have been honored in being elected Sergeant-
at-Arms of the House of Representatives. My association and experience
with officers and members of each session has been most pleasant and
rewarding.
I have decided and now elect to retire from public life, and in doing so,
I tender my resignation as Sergeant-at-Arms of the 1975 House of Repre-
sentatives, to be effective immediately.
This action is taken now for the benefit of all persons who may be
interested in seeking the position.
I appreciate all the courtesies you have shown me.
Sincerely,
S/ Archie T. Lane, Sr.
The Speaker and members of the House accept with regret the resignation
of the Sergeant-at-Arms.
The Speaker announces that nominations are. in order for Sergeant-at-
Arms.
Representative Soles places the name of Mr. C. Graham Tart, a former
member of the House of Representatives, in nomination for Sergeant-at-
Arms. This nomination is seconded by Representative Josey.
Representative Josey moves that the nominations be closed and that Mr.
Tart be elected by acclamation.
The Speaker declares the election of Mr. Tart to be unanimous.
The Honorable Thad Eure administers the following oath of office to the
Sergeant-at-Arms :
"I, C. GRAHAM TART, do solemnly swear that I will support and main-
tain the Constitution and laws of the United States; and,
"I do solemnly and sincerely swear that I will be faithful and bear true
allegiance to the State of North Carolina, and to the constitutional powers
and authorities which are or may be established for the government thereof,
20 MAY 4, 1976 HOUSE JOURNAL [Second
Session
and that I will endeavor to support, maintain, and defend the Constitution
and laws of said State, not inconsistent with the Constitution of the United
States, to the best of my knowledge and ability; and,
"I do solemnly swear that I will faithfully discharge my duties as
Sergeant-at-Arms of the 1975 House of Representatives of the General
Assembly of the State of North Carolina to the best of my skill and ability;
so help me, God."
On motion of Representative Stevens, seconded by Representative Lutz,
the House adjourns to reconvene May 4, 1976 at 9:00 a.m.
ONE HUNDRED NINETEENTH DAY
House of Representatives
Tuesday, May 4, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
Representative Stevens, for the Committee on Rules and Operation of the
House, reports the Journal of May 3 has been examined and found correct.
Upon his motion, the Journal is approved as written.
A leave of absence is granted Representative Joy Johnson for May 4
and 5.
The Speaker appoints Representative Neal Smith as Vice Chairman of the
Committee on Public Libraries.
REPORT OF COMMITTEES
The following reports from standing committees are presented:
By Representative Stevens for the Committee on Rules and Operation of
the House:
H. J. R. 1289, A JOINT RESOLUTION AUTHORIZING THE 1975 GEN-
ERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER THE
RECOMMENDATIONS OF THE NORTH CAROLINA PROFESSIONAL
LIABILITY INSURANCE STUDY COMMISSION AND BILLS ON THAT
SUBJECT, with a favorable report.
On motion of Representative Stevens and on two-thirds majority vote of
the membership, the rules are suspended and the resolution is placed on
today's Calendar.
1976] HOUSE JOURNAL MAY 4, 1976 21
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
By Representative Love:
H. B. 1290, A BILL TO BE ENTITLED AN ACT TO MODIFY CUR-
RENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIA-
TIONS FOR NORTH CAROLINA STATE GOVERNMENT FOR THE
FISCAL YEAR 1976-77, AND TO MAKE OTHER CHANGES IN THE
BUDGET OPERATION OF THE STATE.
By Representatives Ramsey, and Neal Smith:
H. B. 1291, A BILL TO BE ENTITLED AN ACT TO CHANGE THE
QUARTERLY SYSTEM OF REMITTING STATE PERSONAL INCOME
TAX WITHHELD BY EMPLOYERS TO A MONTHLY SYSTEM FOR
LARGE EMPLOYERS AND TO PROVIDE FOR UNIFORM MONTHLY
FILING DATES.
By Representative Messer:
H. B. 1292, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE
BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CARO-
LINA TO SECURE LIABILITY INSURANCE OR TO ACT AS A SELF-
INSURER FOR HEALTH-CARE PROVIDERS.
By Representatives Messer, DeRamus, and Dorsey:
H. B. 1293, A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE THE
STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO PRO-
VIDE FOR A STANDARD OF CARE, A DOCTRINE OF INFORMED
CONSENT, AN EXTENSION OF THE GOOD SAMARITAN LAW, AND
THE ELIMINATION OF THE AD DAMNUM CLAUSE.
By Representatives Lawing, Foster, Helms and Tison:
H. J. R. 1294, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A
BILL PROHIBITING RAFFLES AND BINGO IN MECKLENBURG
COUNTY.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred
to committee:
By Representative Love:
H. B. 1290, A BILL TO BE ENTITLED AN ACT TO MODIFY CURRENT
OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS
22 MAY 4, 1976 HOUSE JOURNAL [Second
Session
FOR NORTH CAROLINA STATE GOVERNMENT FOR THE FISCAL
YEAR 1976-77, AND TO MAKE OTHER CHANGES IN THE BUDGET
OPERATION OF THE STATE, is referred to the Committee on Appro-
priations.
By Representatives Ramsey, and Neal Smith:
H. B. 1291, A BILL TO BE ENTITLED AN ACT TO CHANGE THE
QUARTERLY SYSTEM OF REMITTING STATE PERSONAL INCOME
TAX WITHHELD BY EMPLOYERS TO A MONTHLY SYSTEM FOR
LARGE EMPLOYERS AND TO PROVIDE FOR UNIFORM MONTHLY
FILING DATES, is referred to the Committee on Finance.
By Representatives Lawing, Foster, Helms, and Tison:
H. J. R. 1294, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A BILL
PROHIBITING RAFFLES AND BINGO IN MECKLENBURG COUNTY,
is referred to the Committee on Rules and Operation of the House.
CALENDAR
Action is taken on the following:
H. J. R. 1289, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER THE
RECOMMENDATIONS OF THE NORTH CAROLINA PROFESSIONAL
LIABILITY INSURANCE STUDY COMMISSION AND BILLS ON THAT
SUBJECT.
Representative Erwin offers an amendment.
Representative Harris calls for the "ayes" and "noes", and the call is
sustained.
Representative Erwin calls the previous question. The call is sustained.
The amendment fails to pass by the following vote:
Those voting in the affirmative are: Representatives Adams, Ballenger,
Bissell, Breece, Campbell, Chapin, Cobb, Cook, Creech, Davenport, DeRamus,
Diamorit, Duncan, Eagles, Edwards, Ellis, Erwin, Farmer, Frye, Gilmore,
Hairston, Harris, Helms, Hightower, Edward Holmes, George Holmes,
Bertha Holt, Hutchins, Hyde, Joseph Johnson, Lachot, Lawing, Leonard,
McMillan, Mathis, Michaux, Miller, Phillips, Pickler, Prestwood, Pug-h,
Rogers, Short, Neal Smith, Ned Smith, Wade Smith, Spoon, Stevens, Stewart,
Tally, Tison, Ward, Webb, and Wright — 54.
Voting in the negative: Representatives Auman, Baker, Barker, Barnes,
Beard, Bell, Brig-ht, Bumgardner, Bundy, Chase, Collins, Cullipher, Davis,
DeBruhl, Dorsey, Enloe, Falls, Foster, Gamble, Gardner, Gentry, Gregory,
Heer, Charles Holt, Hunter, Hurst, Huskins, James, Jernigan, Jones, Jordan,
Josey, Lilley, Love, Lutz, Mason, Messer, Morris, Nash, Nesbitt, Parnell,
1976] HOUSE JOURNAL MAY 4, 1976 23
Plyler, Quinn, Ramsey, Ray, Revelle, Rhodes, Sandlin, Schwartz, Setzer,
Tennille, Thomas, Varner, Watkins, White, Wiseman, and Woodard — 57.
To establish a two-thirds majority, the roll is called on second reading.
The resolution passes its second reading by the following vote.
Those voting in the affirmative are: Representatives Auman, Baker,
Ballenger, Barker, Barnes, Beard, Bell, Bissell, Breece, Bright, Bumgardner,
Bundy, Campbell, Chapin, Chase, Cobb, Collins, Cook, Creech, Cullipher,
Davenport, Davis, DeBruhl, Diamont, Dorsey, Duncan, Eagles, Edwards,
Ellis, Enloe, Falls, Farmer, Foster, Frye, Gamble, Gardner, Gentry, Gilmore,
Green, Gregory, Hairston, Harris, Heer, Helms, Hightower, Edward Holmes,
George Holmes, Bertha Holt, Charles Holt, Hunter, Hurst, Huskins,
Hutchins, Hyde, James, Jernigan, Joseph Johnson, Jones, Jordan, Josey,
Lachot, Lawing, Lilley, Love, Lutz, Mason, Mathis, Messer, Michaux, Miller,
Morris, Nash, Nesbitt, Parnell, Phillips, Pickler, Plyler, Pugh, Quinn,
Ramsey, Ray, Revelle, Rhodes, Rogers, Sandlin, Schwartz, Setzer, Short,
Neal Smith, Ned Smith, Wade Smith, Soles, Spoon, Stevens, Stewart, Tally,
Tennille, Thomas, Tison, Varner, Ward, Watkins, Webb, White, Wiseman,
Woodard, and Wright — 107.
Voting in the negative: Representatives Adams, DeRamus, Erwin,
Leonard, McMillan, and Prestwood — 6.
Representative Rogers objects to the third reading. The resolution remains
on the Calendar.
Representative Messer moves to suspend the rules to the end that the bill
may be read a third time.
To establish a two-thirds majority, the roll is called. The motion to
suspend the rules carries by the following vote.
Those voting in the affirmative are: Representatives Auman, Baker,
Barker, Barnes, Beard, Bell, Breece, Bright, Bumgardner, Bundy, Campbell,
Chapin, Chase, Collins, Creech, Cullipher, Davenport, Davis, DeBruhl,
Duncan, Eagles, Edwards, Ellis, Enloe, Falls, Farmer, Foster, Frye, Gamble,
Gardner, Gentry, Gregory, Hairston, Harris, Heer, Helms, Edward Holmes,
Bertha Holt, Charles Holt, Hunter, Hurst, Huskins, Hyde, James, Jernigan,
Joseph Johnson, Jones, Jordan, Josey, Lachot, Lawing, Lilley, Lutz, Mason,
Mathis, Messer, Morris, Nash, Nesbitt, Oxendine, Parnell, Phillips. Pickler,
Plyler, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rountree, Sandlin,
Schwartz, Setzer, Ned Smith, Wade Smith, Soles, Spoon, Stevens, Stewart,
Tally, Tennille, Thomas, Tison, Varner, Ward, Watkins, White, Wiseman,
Woodard, and Wright — 91.
Voting in the negative: Representatives Adams, Ballenger, Bissell, Cobb,
Cook, DeRamus, Diamont, Dorsey, Erwin, Gilmore, Hightower, George
Holmes, Hutchins, Leonard, McMillan, Michaux, Miller, Prestwood, Rogers,
Short, Neal Smith, and Webb — 22.
Representative Erwin offers an amendment.
24 MAY 4, 1976 HOUSE JOURNAL [Second
Session
Representative Erwin calls the previous question. The call is sustained.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The amendment fails by the following vote:
Those voting in the affirmative are: Representatives Adams, Ballenger,
Bissell, Breece, Campbell, Cobb, Cook, Davenport, DeRamus, Diamont,
Eagles, Edwards, Ellis, Erwin, Farmer, Frye, Gilmore, Hairston, Harris,
Hightower, Edward Holmes, George Holmes, Bertha Holt, Hutchins, Hyde,
Joseph Johnson, Lachot, Lawing, Leonard, McMillan, Mathis, Michaux,
Miller, Oxendine, Parnell, Pickler, Prestwood, Pugh, Rogers, Short, Neal
Smith, Ned Smith, Wade Smith, Spoon, Stevens, Stewart, Tally, Tison,
Ward, Webb, and Wright — 51.
Voting in the negative: Representatives Auman, Baker, Barbee, Barker,
Barnes, Beard, Bell, Bright, Bumgardner, Bundy, Chapin, Chase, Collins,
Creech, Cullipher, Davis, DeBruhl, Dorsey, Duncan, Enloe, Falls, Foster,
Gamble, Gardner, Gentry, Gregory, Heer, Helms, Charles Holt, Hunter,
Hurst, Huskins, James, Jernigan, Jones, Jordan, Josey, Lilley, Love, Lutz,
Mason, Messer, Morris, Nash, Nesbitt, Phillips, Plyler, Quinn, Ramsey, Ray,
Revelle, Rhodes, Rountree, Sandlin, Sawyer, Schwartz, Setzer, Soles,
Tennille, Thomas, Varner, Watkins, White, Wiseman, and Woodard — 65.
Representative Frye offers an amendment which fails.
Representative Messer calls the previous question on the bill and the call
is sustained.
The resolution passes its third reading by voice vote and the Speaker
declares a two-thirds majority. The bill is ordered sent to the Senate by
Special Messenger.
MESSAGES FROM THE SENATE
The following are received from the Senate:
S. J. R. 955, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER NOM-
INATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE NORTH
CAROLINA UTILITIES COMMISSION, is read the first time and is re-
ferred to the Committee on Rules and Operation of the House.
On motion of Representative Miller, rule 32(a) is suspended in order that
a resolution may be introduced. This motion carries by a two-thirds majority.
By Representative Miller:
H. J. R. 1295, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER NOM-
INATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE NORTH
CAROLINA UTILITIES COMMISSION, is referred to the Committee on
Rules and Operation of the House.
1976] HOUSE JOURNAL MAY 4, 1976 25
On motion of Representative Stevens the House recesses until 4:30 P.M.
RECESS
Pursuant to recess, the House is called to order by the Speaker.
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
H. J. R. 1289, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER THE
RECOMMENDATIONS OF THE NORTH CAROLINA PROFESSIONAL
LIABILITY INSURANCE STUDY COMMISSION AND BILLS ON THAT
SUBJECT.
REPORT OF COMMITTEES
The following reports from standing committees are presented:
By Representative Stevens for the Committee on Rules and Operation of
the House:
H. J. R. 1295, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER NOMI-
NATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE NORTH
CAROLINA UTILITIES COMMISSION, with a favorable report.
On motion of Representative Stevens, the rules are suspended by a two-
thirds majority and the resolution is placed on today's Calendar.
S. J. R. 955, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER NOMI-
NATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE NORTH
CAROLINA UTILITIES COMMISSION, with a favorable report.
On motion of Representative Stevens, the rules are suspended by a two-
thirds majority and the resolution is placed on today's Calendar.
H. J. R. 1289, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER THE
RECOMMENDATIONS OF THE NORTH CAROLINA PROFESSIONAL
LIABILITY INSURANCE STUDY COMMISSION AND BILLS ON THAT
SUBJECT, having been ratified, the rules are suspended by a two-thirds
majority and the following bills are read the first time and referred to
committee.
By Representatives Messer, Bell, DeRamus, Dorsey, Gamble, and
Schwartz :
H. B. 1292, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE
BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA
26 MAY 5, 1976 HOUSE JOURNAL [Second
Session
TO SECURE LIABILITY INSURANCE OR TO ACT AS A SELF-IN-
SURER FOR HEALTH-CARE PROVIDERS, is referred to the Committee
on Insurance.
By Representatives Messer, Bell, Chase, DeRamus, Dorsey, Falls, Foster,
Gamble, James, Lutz, Nesbitt, Ramsey, Ray, Schwartz, White, and Woodard:
H. B. 1293, A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE THE
STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO PRO-
VIDE FOR A STANDARD OF CARE, A DOCTRINE OF INFORMED
CONSENT, AN EXTENSION OF THE GOOD SAMARITAN LAW, AND
THE ELIMINATION OF THE AD DAMNUM CLAUSE, is referred to the
Committee on Insurance.
CALENDAR
Action is taken on the following:
H. J. R. 1295, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER NOMI-
NATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE NORTH
CAROLINA UTILITIES COMMISSION.
On motion of Representative Stevens, the resolution is temporarily dis-
placed in order that S. J. R. 955 may be considered at this time.
S. J. R. 955, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER NOMI-
NATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE NORTH
CAROLINA UTILITIES COMMISSION, passes its second and third read-
ings, by a two-thirds majority vote, and is ordered enrolled.
On motion of Representative Stevens, H. J. R. 1295 is placed on tomor-
row's Calendar.
On motion of Representative Stevens, seconded by Representative Pickler,
the House adjourns to reconvene May 5, 1976 at 9:00 A.M.
ONE HUNDRED TWENTIETH DAY
House of Representatives
Wednesday, May 5, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
Representative Stevens for the Committee on Rules and Operation of the
House, reports the Journal of May 4, 1976, has been examined and found
correct. Upon his motion, the Journal is approved as written.
1976] HOUSE JOURNAL MAY 5, 1976 27
Representative Hunter sends forth a report and minority report of the
Committee on Research and Development in Public Education in North
Carolina which is filed in the Principal Clerk's Office.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
H. J. R. 1296, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO REWRITE THE CHARTER OF THE
CITY OF CONOVER, NORTH CAROLINA.
H. J. R. 1297, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND G. S. 147-45 PERTAINING TO
DISTRIBUTION OF COPIES OF SESSION LAWS AND OTHER
STATE PUBLICATIONS BY THE SECRETARY OF STATE AND
THE ADMINISTRATIVE OFFICER OF THE COURTS.
H. J. R. 1298, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
147-45 PERTAINING TO DISTRIBUTION OF COPIES OF SESSION
LAWS AND OTHER STATE PUBLICATIONS BY THE SECRETARY OF
STATE AND THE ADMINISTRATIVE OFFICER OF THE COURTS.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred to
committee :
By Representative Setzer:
H. J. R. 1296, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO REWRITE THE CHARTER OF THE
CITY OF CONOVER, NORTH CAROLINA, is referred to the Committee
on Rules and Operation of the House.
By Representative Adams:
H. J. R. 1297, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND G. S. 147-45 PERTAINING TO
DISTRIBUTION OF COPIES OF SESSION LAWS AND OTHER STATE
PUBLICATIONS BY THE SECRETARY OF STATE AND THE AD-
MINISTRATIVE OFFICER OF THE COURTS, is referred to the Com-
mittee on Rules and Operation of the House.
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
S. J. R. 955, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER
NOMINATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE
NORTH CAROLINA UTILITIES COMMISSION.
28 MAY 6, 1976 HOUSE JOURNAL [Second
Session
CALENDAR
Action is taken on the following:
H. J. R. 1295, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER
NOMINATIONS BY THE GOVERNOR TO FILL VACANCIES ON THE
NORTH CAROLINA UTILITIES COMMISSION.
On motion of Representative Miller the resolution is postponed indefi-
nitely.
On motion of Representative Stevens, the House recesses until 4:30 p.m.
RECESS
Pursuant to recess, the House is called to order by the Speaker.
REPORT OF COMMITTEES
The following reports from standing committees are presented:
By Representative Messer for the Committee on Insurance:
H. B. 1292, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE
THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH
CAROLINA TO SECURE LIABILITY INSURANCE OR TO ACT AS A
SELF-INSURER FOR HEALTH-CARE PROVIDERS, with a favorable
report.
H. B. 1293, A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE
THE STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO
PROVIDE FOR A STANDARD OF CARE, A DOCTRINE OF IN-
FORMED CONSENT, AN EXTENSION OF THE GOOD SAMARITAN
LAW, AND THE ELIMINATION OF THE AD DAMNUM CLAUSE,
with a favorable report, as amended.
On the motion of Representative Stevens, seconded by Representative
Duncan, the House adjourns to reconvene May 6, 1976.
ONE HUNDRED TWENTY-FIRST DAY
House of Representatives
Thursday, May 6, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
1976] HOUSE JOURNAL MAY 6, 1976 29
Representative Stevens, for the Committee on Rules and Operation of the
House, reports the Journal of May 5, 1976 has been examined and found
correct. Upon his motion, the Journal is approved as written.
A leave of absence is granted Representative Lawing for May 6 and 7.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
By Representatives Davenport and Ramsey:
H. B. 1299, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
7A-304 AND G. S. 7A-305 TO INCREASE THE COSTS OF COURT IN
THE SUPERIOR COURT AND DISTRICT COURT DIVISIONS OF THE
GENERAL COURT OF JUSTICE.
By Representative Jones:
H. J. R. 1300, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 263 OF THE 1975
SESSION LAWS TO DELETE POLK COUNTY FROM THE MODIFIED
SUBDIVISION CONTROL ORDINANCE.
By Representative Jones:
H. B. 1301, A BILL TO BE ENTITLED AN ACT TO AMEND CHAP-
TER 263 OF THE 1975 SESSION LAWS TO DELETE POLK COUNTY
FROM THE MODIFIED SUBDIVISION CONTROL ORDINANCE.
By Representative Setzer:
H. B. 1302, A BILL TO BE ENTITLED AN ACT TO REVISE, CON-
SOLIDATE AND RESTATE THE CHARTER OF THE CITY OF
CONOVER AND TO REPEAL ALL PRIOR CHARTER ACTS.
By Representatives Davenport and Ramsey:
H. B. 1303, A BILL TO BE ENTITLED AN ACT TO INCREASE FEE
FOR RECEIVING SERVICE OF PROCESS AS STATUTORY AGENT
OF A CORPORATION TO RECOVER COST.
By Representative Cook:
H. J. R. 1304, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND ARTICLE 7 OF CHAPTER 110
OF THE GENERAL STATUTES, ENTITLED "DAY-CARE FACILI-
TIES" TO PROVIDE CHANGES IN THE DEFINITION OF DAY
CARE AND TO PROVIDE THAT THE COMMISSION SHALL HAVE
THE POWER TO SEEK INJUNCTIVE RELIEF.
By Representative Cook:
H. B. 1305, A BILL TO BE ENTITLED AN ACT TO AMEND ARTI-
CLE 7 OF CHAPTER 110 OF THE GENERAL STATUTES, ENTITLED
30 MAY 6, 1976 HOUSE JOURNAL [Second
Session
"DAY-CARE FACILITIES" TO PROVIDE CHANGES IN THE DEFINI-
TION OF DAY CARE AND TO PROVIDE THAT THE COMMISSION
SHALL HAVE THE POWER TO SEEK INJUNCTIVE RELIEF.
By Representative Sawyer:
H. B. 1306, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR
A SIXTEEN PERCENT (1670 INCREASE IN THE SALARIES OF
PROFESSIONAL EMPLOYEES IN THE PUBLIC SCHOOLS, COM-
MUNITY COLLEGES, TECHNICAL INSTITUTES AND INSTITU-
TIONS OF HIGHER EDUCATION.
By Representative Miller:
H. J. R. 1307, A JOINT RESOLUTION PROVIDING FOR A JOINT
SESSION OR SESSIONS OF THE SENATE AND HOUSE OF REPRE-
SENTATIVES TO ACT ON CONFIRMATION OF APPOINTMENTS
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH
CAROLINA UTILITIES COMMISSION.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred to
committee :
By Representatives Davenport and Ramsey:
H. B. 1299, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
7A-304 AND G. S. 7A-305 TO INCREASE THE COSTS OF COURT IN
THE SUPERIOR COURT AND DISTRICT COURT DIVISIONS OF THE
GENERAL COURT OF JUSTICE, is referred to the Committee on Finance.
By Representative Jones :
H. J. R. 1300, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 263 OF THE 1975
SESSION LAWS TO DELETE POLK COUNTY FROM THE MODIFIED
SUBDIVISION CONTROL ORDINANCE, is referred to the Committee on
Rules and Operation of the House.
By Representatives Davenport and Ramsey:
H. B. 1303, A BILL TO BE ENTITLED AN ACT TO INCREASE FEE
FOR RECEIVING SERVICE OF PROCESS AS STATUTORY AGENT
OF A CORPORATION TO RECOVER COST, is referred to the Committee
on Finance.
By Representatives Cook, Adams, Creech, DeRamus, Erwin, Farmer,
Hutchins, Joseph Johnson, Miller, Ramsey, Ned Smith, Wade Smith, and
Tennille:
H. J. R. 1304, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND ARTICLE 7 OF CHAPTER 110
OF THE GENERAL STATUTES, ENTITLED "DAY-CARE FACILI-
TIES" TO PROVIDE CHANGES IN THE DEFINITION OF DAY CARE
1976]
HOUSE JOURNAL MAY 6, 1976 31
AND TO PROVIDE THAT THE COMMISSION SHALL HAVE THE
POWER TO SEEK INJUNCTIVE RELIEF, is referred to the Committee
on Rules and Operation of the House.
By Representatives Sawyer, Dorsey, Jones, Miller, and Ned Smith:
H B. 1306, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR
A SIXTEEN PERCENT (16%) INCREASE IN THE SALARIES OF
PROFESSIONAL EMPLOYEES IN THE PUBLIC SCHOOLS, COMMU-
NITY COLLEGES, TECHNICAL INSTITUTES AND INSTITUTIONS OF
HIGHER EDUCATION, is referred to the Committee on Appropriations.
By Representative Miller:
H J R 1307, A JOINT RESOLUTION PROVIDING FOR A JOINT
SESSION OR SESSIONS OF THE SENATE AND HOUSE OF REPRE-
SENTATIVES TO ACT ON CONFIRMATION OF APPOINTMENTS
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH
CAROLINA UTILITIES COMMISSION, is referred to the Committee on
Public Utilities.
CALENDAR
Action is taken on the following:
H B 1292 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE
THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH
CAROLINA TO SECURE LIABILITY INSURANCE OR 10 ACT AS A
SELF-INSURER FOR HEALTH-CARE PROVIDERS.
Representative Ramsey offers an amendment.
A division having been called, the amendment fails with 43 members
voting in the affirmative and 63 members voting in the negative.
Representative Messer calls the previous question. The call is sustained.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The bill passes its second reading, by the following vote, and remains on
the Calendar.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barker, Barnes, Beard, Bell, Breece, Bright, Bumgardner,
Bundy, Campbell, Chapin, Chase Cobb, Collins, Cook, Creech, Cullipher,
Davenport, Davis, DeBruhl, DeRamus, Diamont, Dorsey, Duncan, Eagles,
Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble,
Gardner, Gentry, Gregory, Griffin, Hairston, Harris, Heer, Helms,
Hightower, Edward Holmes, George Holmes, Bertha Holt, Charles Holt,
Hunt, Hunter Hurst, Huskins, Hyde, James, Jernigan, Joseph Johnson,
Joy Johnson, Jones, Jordan, Josey, Lachot, Leonard, Lilley, Love, Lutz,
McMillan, Mason, Mathis, Messer, Michaux, Miller, Morris, Nash, Nesbitt,
Oxendine, Parnell, Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn,
Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree, Sandlin, Sawyer,
32 MAY 6, 1976 HOUSE JOURNAL [Second
Session
Schwartz, Setzer, Short, Neal Smith, Ned Smith, Wade Smith, Soles,
Spoon, Stevens, Stewart, Tally, Tennille, Thomas, Tison, Varner, Ward,
Watkins, Webb, White, Wiseman, Woodard, and Wright — 114.
Voting- in the negative: None.
Representative Hightower offers an amendment.
On motion of Representative Soles, seconded by Representative Eagles,
the amendment is tabled.
The bill passes its third reading and is ordered sent to the Senate.
H. B. 1293, A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE
THE STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO
PROVIDE FOR A STANDARD OF CARE, A DOCTRINE OF IN-
FORMED CONSENT, AN EXTENSION OF THE GOOD SAMARITAN
LAW, AND THE ELIMINATION OF THE AD DAMNUM CLAUSE.
On motion of Representative Messer, Chairman of the Insurance Com-
mittee, the Committee amendment is withdrawn.
Representative Harris offers an amendment which is adopted.
Representative Miller offers an amendment which is adopted.
Representative Harris offers an amendment which is adopted.
Representative Soles offers an amendment.
On motion of Representative Ramsey, seconded by Representative
Gregory, the amendment is tabled.
Representative Messer calls the previous question. The call is sustained.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
Representative Miller requests that he be excused from voting on this
bill under Rule 23 (b) and on vote of the membership this request is granted.
The bill, as amended, passes its second reading, by the following vote, and
remains on the Calendar.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Beard, Bell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Cobb, Collins, Cook, Creech,
Cullipher, Davenport, Davis, DeBruhl, DeRamus, Diamont, Dorsey, Duncan,
Eagles, Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Gamble,
Gardner, Gentry, Gilmore, Gregory, Griffin, Hairston, Harris, Heer, Helms,
Hightower, Edward Holmes, George Holmes, Bertha Holt, Charles Holt,
Hunt, Hunter, Hurst, Huskins, Hyde, James, Jernigan, Joseph Johnson,
Joy Johnson, Jordan, Josey, Lachot, Leonard, Lilley, Love, Lutz, McMillan,
Mason, Mathis, Messer, Morris, Nash, Nesbitt, Oxendine, Parnell, Phillips,
Pickler, Plyler, Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes,
1976]
HOUSE JOURNAL MAY 7, 1976 33
Rogers Rountree, Sandlin, Sawyer, Schwartz, Setzer, Short, Neal Smith,
Ned Smith, Wade Smith, Soles, Spoon, Stewart, Tally, Tennille, Thomas,
Tison, Varner, Ward, Watkins, White, Wiseman, Woodard, and Wright
— 110.
Voting in the negative: Representatives Frye, Stevens, and Webb — 3.
MESSAGES FROM THE SENATE
The following are received from the Senate:
S J R 960, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO PROVIDE THAT THE DAILY SUB-
SISTENCE ALLOWANCE OF THE MEMBERS OF THE GENERAL
ASSEMBLY FOR ATTENDANCE AT THE 1975 GENERAL ASSEM-
BLY, SECOND SESSION 1976, SHALL TERMINATE EFFECTIVE
MAY 15, 1976, is read the first time and is referred to the Committee on
Rules and Operation of the House.
On motion of Representative Stevens, seconded by Representative
Oxendine, the House adjourns to reconvene May 7, 1976 at 9:00 a.m.
ONE HUNDRED TWENTY-SECOND DAY
House of Representatives
Friday, May 7, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Representative Charles W. Phillips.
Representative Stevens, for the Committee on Rules and Operation of the
House, reports the Journal of May 6, 1976 has been examined and found
correct. Upon his motion, the Journal is approved as written.
On motion of Representative Stevens, the rules are suspended, and the
Honorable John Boyce, Mayor of Guildford, England, and his wife, Mayor-
ess Joan Boyce, are invited to approach the well of the House to present
the following resolution passed by the Council of Borough of Guildford :
"Resolution passed by the Council of the Borough of Guildford at a meet-
ing held on Wednesday, 28th April 1976.
Resolved : That the Council and citizens of the Borough of Guildford in
the County of Surrey extend their good wishes to the citizens of Raleigh
and of the State of North Carolina and express their appreciation for the
arrangements made for the Mayor and Mayoress to meet the House of
Representatives during their visit to North Carolina for the United States
Bicentennial Year Celebrations of the American Independence."
34 MAY 7, 1976 HOUSE JOURNAL [Second
Session
REPORT OF COMMITTEES
The following- reports from standing committees are presented :
By Representative Stevens for the Committee on Rules and Operation of
the House:
H. J. R. 1285, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A
JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF
ARTHUR WEBSTER THOMAS, JR., A FORMER MEMBER OF THE
GENERAL ASSEMBLY, with a favorable report.
On motion of Representative Stevens, the rules are suspended on a
unanimous vote and the resolution is placed before the House for immediate
consideration.
The resolution passes its second and third readings, by a two-thirds
majority, and is ordered sent to the Senate by Special Message.
H. J. R. 1297, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND G. S. 147-45 PERTAINING TO
DISTRIBUTION OF COPIES OF SESSION LAWS AND OTHER STATE
PUBLICATIONS BY THE SECRETARY OF STATE AND THE AD-
MINISTRATIVE OFFICER OF THE COURTS, with an indefinite post-
ponement report.
H. J. R. 1304, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND ARTICLE 7 OF CHAPTER 110
OF THE GENERAL STATUTES, ENTITLED "DAY-CARE FACILI-
TIES" TO PROVIDE CHANGES IN THE DEFINITION OF DAY CARE
AND TO PROVIDE THAT THE COMMISION SHALL HAVE THE
POWER TO SEEK INJUNCTIVE RELIEF, with an indefinite postpone-
ment report.
By Representative Miller for the Committee on Public Utilities:
H. J. R. 1307, A JOINT RESOLUTION PROVIDING FOR A JOINT
SESSION OR SESSIONS OF THE SENATE AND HOUSE OF REPRE-
SENTATIVES TO ACT ON CONFIRMATION OF APPOINTMENTS
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH
CAROLINA UTILITIES COMMISSION, with a favorable report.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk :
By Representatives Revelle, Adams, Ballenger, Barnes, Beard, Bell,
Breece, Bright, Campbell, Chapin, Chase and Collins:
H. J. R. 1308, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO EFFECT CHANGES IN THE ORGANI-
ZATION AND ADMINISTRATION OF THE NORTH CAROLINA
MOTOR VEHICLE REINSURANCE FACILITY
1976]
HOUSE JOURNAL MAY 7, 1976 35
By Representatives Revelle and Beard:
H B 1309 A BILL TO BE ENTITLED AN ACT TO AMEND ARTI-
CLE 25A OF CHAPTER 58 OF THE GENERAL STATUTES TO MAKE
NECESSARY IMPROVEMENTS IN THE ORGANIZATION AND AD-
MINISTRATION OF THE NORTH CAROLINA MOTOR VEHICLE
REINSURANCE FACILITY.
By Representatives Creech, Adams, Cook, Farmer, and Joseph Johnson:
H B 1310 A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM
SALES TAX CERTAIN MEALS SOLD TO ELDERLY AND INCAPACI-
TATED PERSONS.
By Representatives Messer and Lilley:
H B 1311 A BILL TO BE ENTITLED AN ACT TO CREATE THE
NORTH CAROLINA HEALTH CARE EXCESS LIABILITY FUND.
By Representatives Hutchins, Ballenger, Bissell, Dorsey, George Holmes,
Mathis, Rhodes, and Spoon:
H B 1312 A BILL TO BE ENTITLED AN ACT TO RAISE SALA-
RIES AND WAGES BY TEN PERCENT (10%) FOR ALL NORTH
CAROLINA TEACHERS AND STATE EMPLOYEES, AND FOR CER-
TAIN STATE OFFICIALS.
By Representative Adams:
H B 1313 A BILL TO BE ENTITLED AN ACT TO REQUIRE
CORPORATIONS TO MAKE DECLARATIONS OF ESTIMATED IN-
COME TAX AND INSTALLMENT PAYMENTS OF ESTIMATED IN-
COME TAX.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred to
committee :
By Representatives Revelle, Adams, Ballenger, Barnes, Beard, Bell,
Breece, Bright, Campbell, Chapin, Chase, Collins, Cook, Creech, Culhpher,
Davis, DeBruhl, DeRamus, Dorsey, Duncan, Edwards, Ellis, Enloe, Erwin,
Falls,' Foster, Gardner, Gentry, Gregory, Griffin, Harris, Helms, George
Holmes, Bertha Holt, Charles Holt, Hunt, Hurst, Hutchins, Hyde, James,
Jernigan, Joseph Johnson, Jones, Lachot, Lawing, Lilley, Love, Lutz, Mason,
Michaux, Miller, Morris, Nesbitt, Oxendine, Parnell, Phillips, Pickler,
Prestwood, Ramsey, Ray, Rogers, Rountree, Sandlin, Sawyer, Schwartz,
Ned Smith, Wade Smith, Soles, Spoon, Stewart, Tally, Tennille, Thomas,
Tison, Varner, Ward, Watkins, White, Wiseman, and Woodard.
H J R 1308, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO EFFECT CHANGES IN THE ORGANI-
ZATION AND ADMINISTRATION OF THE NORTH CAROLINA
MOTOR VEHICLE REINSURANCE FACILITY.
36 MAY 7, 1976 HOUSE JOURNAL [Second
Session
Representative Beard moves to suspend the rules to the end that this
resolution may be placed on today's Calendar. This motion carries by a
two-thirds majority, by the following vote, and the resolution is placed on
the Calendar.
Those voting in the affirmative are: Representatives Auman, Ballenger,
Barnes, Beard, Breece, Bumgardner, Campbell, Chase, Cullipher, DeBruhl,'
DeRamus, Dorsey, Duncan, Eagles, Edwards, Ellis, Enloe, Erwin, Falls!
Farmer, Foster, Frye, Gardner, Gregory, Helms, Hightower, George
Holmes, Bertha Holt, Charles Holt, Hunt, Hurst, Huskins, Hyde, James,
Jermgan, Joseph Johnson, Joy Johnson, Jordan, Leonard, Lilley, Lutz,
McMillan, Messer, Michaux, Miller, Morris, Parnell, Phillips, Pickler,'
Prestwood, Pugh, Ramsey, Ray, Revelle, Rhodes, Sandlin, Schwartz, Setzer,'
Ned Smith, Soles, Tally, Tennille, Thomas, Tison, Ward, Wiseman, and
Woodard — 67.
Voting in the negative: Representatives Baker, Barker, Bundy, Chapin,
Gamble, Hairston, Heer, Hunter, Plyler, Quinn, Sawyer, Neal Smith, and
Varner — 13.
By Representatives Creech, Adams, Cook, Farmer, and Joseph Johnson:
H. B. 1310, A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM
SALES TAX CERTAIN MEALS SOLD TO ELDERLY AND INCAPACI-
TATED PERSONS, is referred to the Committee on Finance.
By Representatives Messer and Lilley:
H. B. 1311, A BILL TO BE ENTITLED AN ACT TO CREATE THE
NORTH CAROLINA HEALTH CARE EXCESS LIABILITY FUND, is
referred to the Committee on Insurance.
By Representatives Hutchins, Ballenger, Bissell, DeRamus, Dorsey,
Erwin, George Holmes, Mathis, Rhodes, Ned Smith, and Spoon:
H. B. 1312, A BILL TO BE ENTITLED AN ACT TO RAISE SALA-
RIES AND WAGES BY TEN PERCENT (10%) FOR ALL NORTH
CAROLINA TEACHERS AND STATE EMPLOYEES AND FOR
CERTAIN STATE OFFICIALS, is referred to the Committee on Appro-
priations.
By Representatives Adams, Cook, Creech, Farmer, Joseph Johnson, Wade
Smith, Davis, Harris, Hunt, Ned Smith, Tally, and Webb:
H. B. 1313, A BILL TO BE ENTITLED AN ACT TO REQUIRE
CORPORATIONS TO MAKE DECLARATIONS OF ESTIMATED
INCOME TAX AND INSTALLMENT PAYMENTS OF ESTIMATED
INCOME TAX, is referred to the Committee on Finance.
MESSAGES FROM THE SENATE
The following are received from the Senate:
H. B. 1292, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE
THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH
CAROLINA TO SECURE LIABILITY INSURANCE OR TO ACT AS A
1976] HOUSE JOURNAL MAY 7, 1976 37
SELF-INSURER FOR HEALTH-CARE PROVIDERS, is returned for
concurrence in three Senate amendments.
On motion of Representative Messer, the House concurs in the Senate
amendments, and the bill is ordered enrolled.
CALENDAR
Action is taken on the following :
H B 1293 A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE
THE STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO
PROVIDE FOR A STANDARD OF CARE, A DOCTRINE OF IN-
FORMED CONSENT, AN EXTENSION OF THE GOOD SAMARITAN
LAW, AND THE ELIMINATION OF THE AD DAMNUM CLAUSE.
Representative Hyde offers an amendment.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The amendment fails by the following vote.
Those voting in the affirmative are: Representatives Adams, Ballenger,
Breece, Cook, DeRamus, Erwin, Frye, Hairston, Harris, Helms, Hightower,
Edward Holmes, Bertha Holt, Hunt, Hyde, Joseph Johnson, Jones, Lachot,
Leonard, McMillan, Mathis, Michaux, Miller, Oxendine, Rogers, Rountree
Setzer, Short, Ned Smith, Wade Smith, Soles, Stevens, Tally, Tennille, and
Webb — 35 .
Voting in the negative: Representatives Auman, Baker, Barbee, Barker,
Barnes, Beard, Bell, Bissell, Bright, Bumgardner, Bundy, Campbell, Chapm,
Chase Creech, Cullipher, Davenport, Davis, DeBruhl, Diamont, Dorsey,
Duncan, Eagles, Edwards, Ellis, Enloe, Farmer, Foster, Gamble, Gardner,
Gentry, Gilmore, Gregory, Griffin, Heer, George Holmes, Charles Holt,
Hunter Hurst, Huskins, James, Jernigan, Joy Johnson, Jordan, Lilley,
Lutz, Mason, Messer, Morris, Nash, Nesbitt, Parnell, Pickler, Plyler,
Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Sandlm, Sawyer,
Schwartz, Neal Smith, Spoon, Thomas, Tison, Varner, Ward, Watkms,
White, Wiseman, and Woodard — 74.
Representative DeRamus offers an amendment which is adopted.
Representative Huskins offers an amendment.
Representative Gamble calls for the "ayes" and "noes", and the call is
sustained.
The amendment is adopted by the following vote.
Those voting in the affirmative are: Representatives Adams, Auman,
Ballenger, Barbee, Barker, Barnes, Breece, Bright, Campbell, Chapm, Cook,
Creech, Davenport, DeBruhl, DeRamus, Diamont, Duncan, Eagles, Edwards,
Ellis, Enloe, Erwin, Foster, Frye, Gardner, Gentry, Gilmore, Hairston.
38 MAY 7, 1976 HOUSE JOURNAL [Second
Session
Harris, Heer, Helms, Edward Holmes, George Holmes, Bertha Holt, Charles
Holt, Hunt, Huskins, Hyde, Jernigan, Joseph Johnson, Joy Johnson, Jones,
Lachot, Leonard, Lilley, McMillan, Mason, Mathis, Michaux, Morris, Nash
Nesbitt, Parnell, Phillips, Pickler, Prestwood, Pugh, Revelle, Rogers'
Rountree, Sandlin, Sawyer, Setzer, Short, Ned Smith, Wade Smith, Soles,'
Tally, Tennille, Thomas, Tison, and Webb — 72.
Voting in the negative: Representatives Baker, Beard, Bissell
Bumgardner, Bundy, Chase, Cullipher, Dorsey, Falls, Gamble, Gregory!
Griffin, Hightower, Hunter, James, Jordan, Oxendine, Plyler, Ramsey, Ray,
Rhodes, Schwartz, Spoon, Stewart, Varner, Watkins, White, Wiseman, and
Woodard — 29.
Representative Stevens presiding, not voting.
Representative Erwin offers an amendment.
Representative James moves, seconded by Representative Quinn, to table
the amendment.
Representative Harris calls for the "ayes" and "noes", and the call is
sustained.
The amendment is tabled by the following vote.
Those voting in the affirmative are: Representatives Baker Ballenger
Barbee, Barker, Barnes, Beard, Bell, Bright, Bumgardner, Campbell,'
Chapm Chase, Collins, Cullipher, Davenport, DeBruhl, Duncan, Eagles,
Ellis, Enloe, Foster, Gamble, Gardner, Gentry, Gregory, Griffin, Hairston,
Heer, George Holmes, Hunter, Hurst, James, Jernigan, Jordan, Josey,
Lilley Love, Lutz, Messer, Morris, Nash, Pickler, Plyler, Quinn, Ramsey,
Ray Reve e, Rhodes, Sawyer, Schwartz, Setzer, Thomas, Tison, Varner,
Watkins, White, Wiseman, and Woodard — 58.
Voting in the negative: Representatives Adams, Auman, Bissell, Breece
Cook, Creech, DeRamus, Diamont, Edwards, Erwin, Farmer, Frye, Gilmore'
Harris, Hightower, Edward Holmes, Bertha Holt, Charles Holt, Hunt'
mU^iS' ^ Joseph Johnson> ^y Johnson, Jones, Lachot, Leonard,
McMillan, Mathis, Michaux, Nesbitt, Oxendine, Parnell, Prestwood, Pugh
Rountree Sandlin, Short, Neal Smith, Ned Smith, Wade Smith, Spoon,
Stevens, Tally, Tennille, and Webb — 45.
Representative Davenport offers two amendments which are adopted.
Representative Davenport offers a third amendment.
On motion of Representative Messer, seconded by Representative Quinn,
this amendment is tabled.
Representative Messer moves to reconsider the vote by which Repre-
sentative DeRamus' amendment was adopted.
Representative DeRamus moves, seconded by Representative Lachot, to
table Representative Messer's motion.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
1976] HOUSE JOURNAL MAY 7, 1976 39
The motion to table Representative Messer's motion fails by the following
vote.
Those voting in the affirmative are: Representatives Adams, Ballenger,
Bissell, Breece, Cook, Creech, Davenport, DeRamus, Diamont, Edwards,
Erwin, Falls, Frye, Gilmore, Harris, Helms, Hightower, Edward Holmes,
Bertha Holt, Charles Holt, Hunt, Hyde, Joseph Johnson, Jones, Lachot,
Lutz, McMillan, Mathis, Michaux, Nesbitt, Oxendine, Parnell, Pugh, Rogers,
Setzer, Short, Ned Smith, Stevens, Tally, Tennille, Webb, and White — 42.
Voting in the negative: Representatives Auman, Baker, Barbee, Barker,
Barnes, Beard, Bell, Bright, Bumgardner, Bundy, Campbell, Chapin, Chase,
Collins, Cullipher, Davis, DeBruhl, Dorsey, Duncan, Eagles, Ellis, Enloe,
Farmer, Foster, Gamble, Gentry, Griffin, Hairston, Heer, Hunter, Hurst,
Huskins, Jernigan, Joy Johnson, Jordan, Josey, Leonard, Lilley, Mason,
Messer, Morris, Nash, Phillips, Pickler, Plyler, Prestwood, Quinn, Ramsey,
Ray, Revelle, Rhodes, Sandlin, Sawyer, Schwartz, Neal Smith, Wade Smith,
Spoon, Stewart, Thomas, Tison, Varner, Ward, Watkins, Wiseman, and
Woodard — 65.
Now the question is the motion by Representative Messer to reconsider
the vote by which Representative DeRamus' amendment was adopted.
Representative Erwin calls for the "ayes" and "noes", and the call is
sustained.
The motion to reconsider carries by the following vote.
Those voting in the affirmative are: Representatives Auman, Baker,
Barbee, Barker, Barnes, Beard, Bell, Bright, Bundy, Campbell, Chapin,
Chase, Collins, Cullipher, Davis, DeBruhl, Dorsey, Duncan, Eagles, Ellis,
Enloe, Falls, Farmer, Foster, Gamble, Gentry, Griffin, Hairston, Heer,
George Holmes, Charles Holt, Hunter, Huskins, Jernigan, Joy Johnson,
Jordan, Josey, Leonard, Lilley, Love, Lutz, Mason, Messer, Morris, Nash,
Pickler, Plyler, Quinn, Ramsey, Ray, Revelle, Rhodes, Rountree, Sandlin,
Sawyer, Schwartz, Neal Smith, Wade Smith, Spoon, Stewart, Thomas,
Tison, Varner, Ward, Watkins, White, and Woodard — 67.
Voting in the negative: Representatives Adams, Ballenger, Bissell,
Breece, Cook, Davenport, DeRamus, Diamont, Edwards, Erwin, Frye,
Gilmore, Harris, Helms, Hightower, Edward Holmes, Bertha Holt, Hyde,
Joseph Johnson, Jones, Lachot, McMillan, Mathis, Michaux, Nesbitt,
Oxendine, Parnell, Phillips, Prestwood, Pugh, Rogers, Setzer, Short, Ned
Smith, Stevens, Tally, Tennille, and Webb — 38.
Representative Messer moves, seconded by Representative Quinn, to table
Representative DeRamus' amendment.
Rpresentative Messer calls for the "ayes" and "noes", and the call is
sustained.
The motion to table the amendment carries by the following vote.
Those voting in the affirmative are: Representatives Auman, Baker,
Barbee, Barker, Barnes, Beard, Bell, Bright, Bumgardner, Bundy, Campbell,
40 MAY 7, 1976 HOUSE JOURNAL [Second
Session
Chapin, Chase, Collins, Cullipher, Davenport, Davis, DeBruhl, Dorsey,
Duncan, Eagles, Ellis, Enloe, Falls, Farmer, Foster, Gamble, Gentry,
Gregory, Griffin, Hairston Heer, George Holmes, Charles Holt, Hunter,
Jernigan, Joy Johnson, Jordan, Josey, Lachot, Leonard, Lilley, Love, Lutz,
Messer, Morris, Nash, Pickler, Plyler, Quinn, Ramsey, Ray, Revelle, Rhodes,
Sandlin, Sawyer, Schwartz, Neal Smith, Wade Smith, Spoon, Stewart,
Thomas, Tison, Varner, Ward, Watkins, White, Wiseman, and Woodard
— 69.
Voting in the negative: Representatives Adams, Ballenger, Bissell,
Breece, Cook, Creech, DeRamus, Diamont, Edwards, Erwin, Frye, Gilmore,
Harris, Helms, Hightower, Edward Holmes, Bertha Holt, Hunt, Hyde,
Joseph Johnson, Jones, McMillan, Mathis, Michaux, Nesbitt, Oxendine,
Parnell, Phillips, Prestwood, Pugh, Rogers, Setzer, Short, Ned Smith,
Stevens, Tally, Tennille, and Webb — 38.
Representative Campbell moves that the vote by which Representative
Davenport's amendment was tabled be reconsidered.
Rpresentative Harris moves to recommit the bill to a Judiciary Committee.
On motion of Representative Davenport, seconded by Representative
Quinn, this motion is tabled.
Now the question is the motion of Representative Campbell to reconsider
the vote by which Representative Davenport's amendment was tabled. The
Chair rules the motion carries by a two-thirds majority.
Representative Messer calls for the "ayes" and "noes", on Representative
Davenport's amendment, and the call is sustained.
The amendment is adopted by the following vote.
Those voting in the affirmative are: Representatives Adams, Ballenger,
Barbee, Barnes, Bissell, Campbell, Cook, Creech, Davenport, DeBruhl,
DeRamus, Diamont, Eagles, Edwards, Ellis, Erwin, Farmer, Foster, Frye,
Gentry, Gilmore, Griffin, Hairston, Harris, Helms, Hightower, Edward
Holmes, Bertha Holt, Hunt, Joseph Johnson, Joy Johnson, Jones, Leonard,
McMillan, Michaux, Miller, Nesbitt, Oxendine, Parnell, Phillips, Pugh,
Revelle, Rogers, Rountree, Setzer, Short, Neal Smith, Ned Smith, Wade
Smith, Spoon, Tally, Tennille, Tison, and Webb — 54.
Voting in the negative: Representatives Auman, Baker, Barker, Bell,
Bright, Bumgardner, Bundy, Chapin, Chase, Collins, Cullipher, Dorsey,
Duncan, Enloe, Falls, Gamble, Gregory, Heer, George Holmes, Charles Holt,
Hunter, Hurst, Huskins, Hyde, Jernigan, Jordan, Lachot, Lilley, Love, Lutz,
Mathis, Messer, Morris, Nash, Pickler, Plyler, Prestwood, Quinn, Ramsey,
Ray, Rhodes, Sandlin, Sawyer, Schwartz, Thomas, Varner, Ward, Watkins,
White, Wiseman, and Woodard — 51.
Representative Barnes offers an amendment which fails.
Representative Joseph Johnson offers an amendment which is adopted.
Representative Harris offers an amendment which is adopted.
1976] HOUSE JOURNAL MAY 7, 1976 41
Representative Messer calls the previous question and the call is
sustained.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The bill passes its third reading, as amended, by the following vote, and
is ordered engrossed and sent to the Senate.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Beard, Bell, Bissell, Bumgardner,
Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech, Cullipher,
Davenport, Davis, DeRamus, Diamont, Dorsey, Duncan, Eagles, Edwards,
Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble, Gardner, Gentry,
Gilmore, Griffin, Hairston, Harris, Heer, Helms, Hightower, Edward
Holmes, George Holmes, Bertha Holt, Charles Holt, Hunt, Hunter, Hurst,
Huskins, Hyde, Jernigan, Joseph Johnson, Joy Johnson, Jones, Jordan,
Lachot, Leonard, Lilley, Love, Lutz, McMillan, Mathis, Messer, Michaux,
Morris, Nash, Nesbitt, Oxendine, Parnell, Pickler, Plyler, Prestwood, Pugh,
Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree, Sandlin, Sawyer,
Schwartz, Setzer, Short, Neal Smith, Ned Smith, Wade Smith, Spoon,
Stevens, Stewart, Tally, Tennille, Thomas, Tison, Varner, Webb, White,
Wiseman, and Woodard — 103.
Voting in the negative: None.
MESSAGES FROM THE SENATE
The following are received from the Senate:
S. J. R. 964, A JOINT RESOLUTION PROVIDING FOR A JOINT
SESSION OR SESSIONS OF THE SENATE AND HOUSE OF REPRE-
SENTATIVES TO ACT ON CONFIRMATION OF APPOINTMENTS
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH
CAROLINA UTILITIES COMMISSION, is read the first time and is
referred to the Committee on Rules and Operation of the House.
S. B. 959, A BILL TO BE ENTITLED AN ACT TO CREATE THE
NORTH CAROLINA HEALTH CARE EXCESS LIABILITY FUND, is
read the first time and referred to the Committee on Insurance.
S. B. 956, A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE
THE STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO
PROVIDE FOR A STANDARD OF CARE, A DOCTRINE OF IN-
FORMED CONSENT, AN EXTENSION OF THE GOOD SAMARITAN
LAW, AND THE ELIMINATION OF THE AD DAMNUM CLAUSE, is
read the first time and is referred to the Committee on Insurance.
On motion of Representative Stevens, seconded by Representative Ramsey,
the House adjourns to reconvene Monday, May 10, 1976 at 9:00 a.m.
42 MAY 10, 1976 HOUSE JOURNAL [Second
Session
ONE HUNDRED TWENTY-THIRD DAY
House of Representatives
Monday, May 10, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
Representative Stevens for the Committee on Rules and Operation of the
House, reports the Journal of May 7, 1976 has been examined and found
correct. Upon his motion, the Journal is approved as written.
A leave of absence is granted Representative Breece for May 10, 1976.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
By Representative Miller:
H. J. R. 1314, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 657, SESSION LAWS
OF 1975 SO AS TO PROVIDE A PROCEDURE FOR A NONPARTISAN
ELECTION AND RUN-OFF ELECTION FOR THE DURHAM COUNTY
BOARD OF EDUCATION.
By Representative Sawyer:
H. B. 1315, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR A
ONE THOUSAND SEVEN HUNDRED DOLLAR ($1,700) INCREASE IN
THE SALARIES OF ALL STATE EMPLOYEES AND EMPLOYEES OF
PUBLIC SCHOOLS, COMMUNITY COLLEGES, TECHNICAL INSTI-
TUTES AND COLLEGES AND UNIVERSITIES OF THE STATE UNI-
VERSITY SYSTEM.
By Representative Wade Smith:
H. J. R. 1316, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO AMEND CHAPTER
346 OF THE 1973 SESSION LAWS TO MAKE SAID CHAPTER APPLY
TO THE CITY OF RALEIGH.
By Representative Wade Smith:
H. B. 1317, A BILL TO BE ENTITLED AN ACT TO AMEND CHAPTER
346 OF THE 1973 SESSION LAWS TO MAKE SAID CHAPTER APPLY
TO THE CITY OF RALEIGH.
By Representative Miller:
H. B. 1318, A BILL TO BE ENTITLED AN ACT TO AMEND CHAPTER
657 OF THE SESSION LAWS OF 1975, PROVIDING FOR THE ELEC-
1976] HOUSE JOURNAL MAY 10, 1976 43
TION OF MEMBERS OF THE DURHAM COUNTY BOARD OF EDUCA-
TION BY THE QUALIFIED VOTERS OF THE COUNTY COMMENCING
IN 1976 AND QUADRENNIALLY THEREAFTER.
By Representative George Holmes:
H. J. R. 1319, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO PROVIDE FOR THE NOMINATION,
ELECTION AND TERMS OF THE BOARD OF COUNTY COMMIS-
SIONERS OF YADKIN COUNTY.
By Representative George Holmes:
H. B. 1320, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR
THE NOMINATION AND ELECTION OF COUNTY COMMISSIONERS
IN YADKIN COUNTY, AND TO STAGGER THEIR TERMS OF OFFICE.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred to
committee :
By Representative Miller:
H. J. R. 1314, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 657, SESSION LAWS
OF 1975 SO AS TO PROVIDE A PROCEDURE FOR A NONPARTISAN
ELECTION AND RUN-OFF ELECTION FOR THE DURHAM COUNTY
BOARD OF EDUCATION, is referred to the Committee on Rules and
Operation of the House.
By Representative Sawyer:
H. B. 1315, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR A
ONE THOUSAND SEVEN HUNDRED DOLLAR ($1,700) INCREASE IN
THE SALARIES OF ALL STATE EMPLOYEES AND EMPLOYEES OF
PUBLIC SCHOOLS, COMMUNITY COLLEGES, TECHNICAL INSTI-
TUTES AND COLLEGES AND UNIVERSITIES OF THE STATE UNI-
VERSITY SYSTEM, is referred to the Committee on Appropriations.
By Representatives Wade Smith, Cook, Creech, Farmer and Joe Johnson:
H. J. R. 1316, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO AMEND CHAPTER
346 OF THE 1973 SESSION LAWS TO MAKE SAID CHAPTER APPLY
TO THE CITY OF RALEIGH, is referred to the Committee on Rules and
Operation of the House.
By Representatives George Holmes and Edwards:
H. J. R. 1319, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO PROVIDE FOR THE NOMINATION,
ELECTION AND TERMS OF THE BOARD OF COUNTY COMMIS-
SIONERS OF YADKIN COUNTY.
44 MAY 10, 1976 HOUSE JOURNAL [Second
Session
On motion of Representative George Holmes, the rules are suspended by
a two-thirds majority and the resolution is placed before the House for
immediate consideration.
The resolution passes its second and third readings, by a two-thirds
majority vote, and is ordered sent to the Senate by Special Message.
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
H. B. 1292, AN ACT TO AUTHORIZE THE BOARD OF GOVERNORS
OF THE UNIVERSITY OF NORTH CAROLINA TO SECURE LIABILITY
INSURANCE OR TO ACT AS A SELF-INSURER FOR HEALTH-CARE
PROVIDERS.
CALENDAR
Action is taken on the following:
H. J. R. 1307, A JOINT RESOLUTION PROVIDING FOR A JOINT
SESSION OR SESSIONS OF THE SENATE AND HOUSE OF REPRE-
SENTATIVES TO ACT ON CONFIRMATION OF APPOINTMENTS
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH CARO-
LINA UTILITIES COMMISSION, passes its second and third readings, by
a two-thirds majority vote, and is ordered sent to the Senate by Special
Message.
H. J. R. 1308, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO EFFECT CHANGES IN THE ORGANIZA-
TION AND ADMINISTRATION OF THE NORTH CAROLINA MOTOR
VEHICLE REINSURANCE FACILITY, passes its second and third read-
ings, by a two-thirds majority vote, and is ordered sent to the Senate by
Special Message.
On motion of Representative Stevens the House recesses until 4:00 P.M.
RECESS
Pursuant to recess, the House is called to order by the Speaker.
REPORT OF COMMITTEES
The following reports from standing committees are presented:
By Representative Ramsey for the Committee on Finance:
H. B. 1291, A BILL TO BE ENTITLED AN ACT TO CHANGE THE
QUARTERLY SYSTEM OF REMITTING STATE PERSONAL INCOME
TAX WITHHELD BY EMPLOYERS TO A MONTHLY SYSTEM FOR
LARGE EMPLOYERS AND TO PROVIDE FOR UNIFORM MONTHLY
FILING DATES, with an unfavorable report as to bill, favorable as to com-
mittee substitute bill.
1976] HOUSE JOURNAL MAY 10, 1976 45
On motion of Representative Ramsey, the substitute bill is adopted and is
placed on the Calendar and the original bill is placed on the Unfavorable
Calendar.
H B. 1299, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
7A-304 AND G. S. 7A-305 TO INCREASE THE COSTS OF COURT IN
THE SUPERIOR COURT AND DISTRICT COURT DIVISIONS OF THE
GENERAL COURT OF JUSTICE, with a favorable report, as amended.
The Chair rules the committee amendment to be material. On motion of
Representative Ramsey, the amendment is adopted and the bill is placed
on tomorrow's Calendar for its second reading.
H. B. 1303, A BILL TO BE ENTITLED AN ACT TO INCREASE FEE
FOR RECEIVING SERVICE OF PROCESS AS STATUTORY AGENT OF
A CORPORATION TO RECOVER COST, with a favorable report.
H. B. 1310, A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM
SALES TAX CERTAIN MEALS SOLD TO ELDERLY AND INCAPACI-
TATED PERSONS, with a favorable report.
By Representative Messer for the Committee on Insurance:
S. B. 959, A BILL TO BE ENTITLED AN ACT TO CREATE THE
NORTH CAROLINA HEALTH CARE EXCESS LIABILITY FUND, with
a favorable report, as amended.
On motion of Representative Lachot, the rules are suspended, by a two-
thirds majority, and the bill is placed before the House for immediate
consideration.
On motion of Representative Messer, the six committee amendments are
adopted.
Representative DeRamus offers an amendment which fails.
Representative Ramsey offers an amendment which is adopted.
Representative Helms offers an amendment.
On motion of Representative Messer, seconded by Representative Lilley,
the amendment is tabled.
Representative Messer calls the previous question and the call is sus-
tained.
Representative Messer calls for the "ayes" and "noes" and the call is
sustained.
The bill, as amended, passes its second reading, by the following vote, and
remains on the Calendar.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Beard, Bell, Bright, Bumgardner,
Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech, Cullipher, Davenport,
Davis, DeBruhl, DeRamus, Diamont, Dorsey, Duncan, Eagles, Edwards,
46 MAY 11, 1976 HOUSE JOURNAL [Second
Session
Ellis, Enloe, Erwin, Falls, Foster, Frye, Gamble, Gardner, Gentry, Gilmore,
Griffin, Hairston, Harris, Heer, Helms, Hightower, Edward Holmes, George
Holmes, Bertha Holt, Charles Holt, Hunt, Hunter, Huskins, Hutchins, Hyde,
James, Jernigan, Joseph Johnson, Joy Johnson, Jones, Jordan, Josey,
Lachot, Lawing, Leonard, Lilley, McMillan, Mason, Mathis, Messer, Michaux,
Miller, Morris, Nash, Nesbitt, Oxendine, Parnell, Phillips, Pickler, Plyler,
Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rountree, Sandlin, Setzer,
Short, Neal Smith, Ned Smith, Wade Smith, Soles, Spoon, Stevens, Stewart,
Tally, Tennille, Thomas, Varner, Ward, Watkins, Wiseman, Woodard, and
Wright — 104.
Voting in the negative: Representative Cobb.
On motion of Representative Stevens, seconded by Representative Gardner,
the House adjourns to reconvene May 11, 1976 at 9:00 A.M.
ONE HUNDRED TWENTY-FOURTH DAY
House of Representatives
Tuesday, May 11, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
Representative Stevens, for the Committee on Rules and Operation of the
House, reports the Journal of May 10, 1976 has been examined and found
correct. Upon his motion, the Journal is approved as written.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
By Representatives McMillan, Barnes, Cobb, Duncan, Charles Holt,
Lachot, Plyler, Ramsey, Rountree, Sandlin, Wade Smith, and Stewart:
H. J. R. 1321, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A BILL
TO REMOVE UNJUSTIFIED PAPERWORK IN THE ADMINISTRATION
OF CRIMINAL PROCEDURE.
By Representatives Sawyer, Davis, DeBruhl, Enloe, Erwin, Gregory,
Phillips, Varner, and Webb:
H. J. R. 1322, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND THE CONSTITUTION TO
CREATE ELECTED COMMISSIONERS OF UTILITIES.
1976]
HOUSE JOURNAL MAY 11, 1976 47
By Representatives Sawyer, Davis, DeBruhl, Enloe, Erwin, Gregory,
Phillips, Varner, and Webb:
H B 1323 A BILL TO BE ENTITLED AN ACT TO AMEND ARTICLE
III OF THE CONSTITUTION OF NORTH CAROLINA TO CREATE
ELECTED COMMISSIONERS OF UTILITIES.
By Representative Neal Smith:
H B 1324 A BILL TO BE ENTITLED AN ACT TO INCREASE THE
TAX ON CIGARETTES TO FOUR CENTS PER PACK AND TO PROVIDE
ADDITIONAL REVENUE FOR THE GENERAL FUND.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred
to committee:
By Representatives McMillan, Barnes, Cobb, Duncan, Charles Holt, Lachot,
Plyler, Ramsey, Rountree, Sandlin, Wade Smith, and Stewart:
H J R 1321 A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A
BILL TO REMOVE UNJUSTIFIED PAPERWORK IN THE ADMINIS-
TRATION OF CRIMINAL PROCEDURE.
On motion of Representative McMillan, the rules are suspended on a
two-thirds majority vote, and the resolution is placed on today's Calendar.
By Representatives Sawyer, Davis, DeBruhl, Enloe, Erwin, Gregory,
Phillips, Varner, and Webb:
H J R 1322, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND THE CONSTITUTION TO CRE-
ATE ELECTED COMMISSIONERS OF UTILITIES, is referred to the
Committee on Rules and Operation of the House.
By Representatives Neal Smith, Bissell, Edwards, Mathis, Nesbitt,
Phillips, and Spoon:
H B 1324, A BILL TO BE ENTITLED AN ACT TO INCREASE THE
TAX ON CIGARETTES TO FOUR CENTS PER PACK AND TO PRO-
VIDE ADDITIONAL REVENUE FOR THE GENERAL FUND, is referred
to the Committee on Finance.
On motion of Representative Cook, the vote by which H. J. R. 1304, A
JOINT RESOLUTION AUTHORIZING THE CONSIDERATION OF A
BILL TO AMEND ARTICLE 7 OF CHAPTER 110 OF THE GENERAL
STATUTES, ENTITLED "DAY-CARE FACILITIES" TO PROVIDE
CHANGES IN THE DEFINITION OF DAY CARE AND TO PROVIDE
THAT THE COMMISSION SHALL HAVE THE POWER TO SEEK IN-
JUNCTIVE RELIEF, was placed on the Unfavorable Calendar is recon-
sidered on a two-thirds majority vote.
48 MAY 11, 1976 HOUSE JOURNAL [Second
Session
On motion of Representative Cook, the rules are suspended, and the bill
is placed on today's Calendar.
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
H. J. R. 1285, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A
JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF
ARTHUR WEBSTER THOMAS, JR., A FORMER MEMBER OF THE
GENERAL ASSEMBLY.
H. J. R. 1307, A JOINT RESOLUTION PROVIDING FOR A JOINT
SESSION OR SESSIONS OF THE SENATE AND HOUSE OF REPRE-
SENTATIVES TO ACT ON CONFIRMATION OF APPOINTMENTS
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH
CAROLINA UTILITIES COMMISSION.
CALENDAR
Action is taken on the following-:
Committee Substitute for H. B. 1291, A BILL TO BE ENTITLED AN
ACT TO CHANGE THE QUARTERLY SYSTEM OF REMITTING STATE
PERSONAL INCOME TAX WITHHELD BY EMPLOYERS TO A MONTH-
LY SYSTEM FOR LARGE EMPLOYERS AND TO PROVIDE FOR
UNIFORM MONTHLY FILING DATES, passes its second reading, by the
following vote, and remains on the Calendar.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Beard, Bissell, Breece, Bright,
Bundy, Campbell, Chapin, Chase, Cobb, Cook, Creech, Cullipher, Davenport,
DeBruhl, DeRamus, Diamont, Duncan, Eagles, Edwards, Ellis, Enloe, Erwin,
Falls, Farmer, Foster, Frye, Gamble, Gardner, Gentry, Gilmore, Gregory,
Hairston, Harris, Heer, Helms, Hightower, Edward Holmes, Bertha Holt,
Charles Holt, Hunt, Hunter, Huskins, Hyde, James, Jernigan, Joseph
Johnson, Joy Johnson, Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Love,
Lutz, McMillan, Mason, Mathis, Messer, Michaux, Miller, Morris, Nash,
Nesbitt, Oxendine, Parnell, Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn,
Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree, Sandlin, Sawyer, Setzer,
Short, Neal Smith, Ned Smith, Wade Smith, Stevens, Stewart, Tally,
Tennille, Thomas, Tison, Varner, Ward, Watkins, Webb, White, Wiseman,
Woodard, and Wright — 106.
Voting in the negative: Representatives Bell, Bumgardner, Dorsey,
Griffin, and Hutchins — 5.
H. B. 1299, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
7A-304 AND G. S. 7A-305 TO INCREASE THE COSTS OF COURT IN
1976]
HOUSE JOURNAL MAY 11, 1976 49
THE SUPERIOR COURT AND DISTRICT COURT DIVISIONS OF THE
GENERAL COURT OF JUSTICE.
Representative Ramsey calls the previous question. The call is sustained.
The bill, as amended, passes its second reading by the following vote,
and remains on the Calendar.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barker, Barnes, Beard, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech,
Cullipher, Davenport, DeBruhl, DeRamus, Diamont, Dorsey, Duncan,
Eagles, Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble,
Gardner, Gentry, Gregory, Griffin, Hairston, Harris, Helms, Hightower,
Edward Holmes, George Holmes, Bertha Holt, Hunt, Hunter, Huskins, Hyde,
James, Jernigan, Joseph Johnson, Joy Johnson, Jordan, Josey, Lachot,
Lawing, Leonard, Lilley, Love, Lutz, Mason, Mathis, Messer, Michaux,
Miller, Morris, Nash, Nesbitt, Parnell, Phillips, Pickler, Plyler, Prestwood,
Pugh,' Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree, Sandlin, Sawyer,
Setzer, Short, Neal Smith, Ned Smith, Wade Smith, Soles, Spoon, Stevens,
Stewart, Tally, Tennille, Thomas, Tison, Varner, Ward, Watkins, Webb,
White, Wiseman, Woodard, and Wright — 106.
Voting in the negative: Representatives Cobb, Charles Holt, and Hutchins
— 3.
H B 1303 A BILL TO BE ENTITLED AN ACT TO INCREASE FEE
FOR RECEIVING SERVICE OF PROCESS AS STATUTORY AGENT OF
A CORPORATION TO RECOVER COST, passes its second reading, by the
following vote, and remains on the Calendar.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barker, Barnes, Beard, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Cobb, Collins, Cook, Creech,
Cullipher, Davenport, DeBruhl, DeRamus, Diamont, Dorsey, Duncan, Eagles,
Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble, Gardner,
Gentry, Gregory, Griffin, Hairston, Harris, Helms, Hightower, Edward
Holmes, George Holmes, Bertha Holt, Charles Holt, Hunt, Hunter, Huskins,
Hutchins, Hyde, James, Jernigan, Joseph Johnson, Joy Johnson, Jordan,
Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz, Mason, Mathis, Messer,
Michaux, Miller, Morris, Nash, Nesbitt, Parnell, Phillips, Pickler, Plyler,
Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree,
Sandlin, Sawyer, Setzer, Short, Neal Smith, Ned Smith, Wade Smith, Soles,
Spoon, Stevens, Stewart, Tally, Tennille, Thomas, Tison, Varner, Ward,
Watkins, Webb, White, Wiseman, Woodard, and Wright — 110.
Voting in the negative: None.
H. B. 1310, A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM
SALES TAX CERTAIN MEALS SOLD TO ELDERLY AND INCAPACI-
TATED PERSONS, passes its second reading, by the following vote, and
remains on the Calendar.
50 MAY 11, 1976 HOUSE JOURNAL [Second
Session
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barker, Barnes, Beard, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Cobb, Collins, Cook, Creech,
Cullipher, Davenport, DeBruhl, DeRamus, Diamont, Dorsey, Duncan, Eagles,
Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble, Gardner,'
Gentry, Gregory, Griffin, Hairston, Harris, Helms, Hightower, Edward
Holmes, George Holmes, Bertha Holt, Charles Holt, Hunt, Hunter, Huskins,
Hutchins, Hyde, James, Jernigan, Joseph Johnson, Joy Johnson, Jordan,
Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz, Mason, Mathis, Messer,
Michaux, Miller, Morris, Nash, Nesbitt, Parnell, Phillips, Pickler, Plyler,
Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree,
Sandlin, Sawyer, Setzer, Short, Neal Smith, Ned Smith, Wade Smith, Soles,
Spoon, Stevens, Stewart, Tally, Tennille, Thomas, Tison, Varner, Ward,
Watkins, Webb, White, Wiseman, Woodard, and Wright— 110.
Voting in the negative : None.
S. B. 959, A BILL TO BE ENTITLED AN ACT TO CREATE THE
NORTH CAROLINA HEALTH CARE EXCESS LIABILITY FUND.
Representative Miller offers an amendment.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The amendment fails to pass by the following vote.
Those voting in the affirmative are: Representatives Ballenger, Beard,
Bissell, Cobb, Collins, DeRamus, Diamont, Dorsey, Edwards, Erwin, Harris,
George Holmes, Bertha Holt, Hunt, Hunter, Hutchins, Jones, Lawing[
Mathis, Miller, Morris, Rhodes, Rountree, Setzer, Spoon, Stevens, Tennille,
and Tison — 28.
Voting in the negative: Representatives Adams, Auman, Baker, Barbee,
Barker, Barnes, Breece, Bright, Bundy, Campbell, Chapin, Chase, Cook,
Creech, Cullipher, Davenport, Davis, DeBruhl, Duncan, Eagles, Ellis, Enloe,
Farmer, Foster, Frye, Gamble, Gentry, Gilmore, Gregory, Hairston, Heer,
Hightower, Charles Holt, Huskins, James, Joseph Johnson, Joy Johnson,
Jordan, Josey, Lachot, Lilley, Love, Lutz, McMillan, Messer, Michaux, Nash,
Nesbitt, Oxendine, Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn,
Ramsey, Ray, Rogers, Sandlin, Short, Neal Smith, Wade Smith, Soles, Tally,
Thomas, Varner, Ward, Webb, White, Wiseman, Woodard, and Wright — 72.
Representative Campbell offers an amendment.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The amendment fails to pass by the following vote.
Those voting in the affirmative are: Representatives Ballenger, Barbee,
Beard, Bell, Bissell, Bumgardner, Campbell, Collins, Davenport, Diamont,
Dorsey, Eagles, Edwards, Erwin, Griffin, Helms, George Holmes, Charles
1976]
HOUSE JOURNAL MAY 11, 1976 51
Holt, Hutchins, Jones, Lawing, Mathis, Miller, Morris, Oxendine, Parnell,
Setzer, Spoon, Stevens, Tison, and Wright — 31.
Voting in the negative: Representatives Adams, Auman, Baker, Barker,
Barnes, Breece, Bright, Bundy, Chapin, Chase, Cook, Creech, Cullipher,
DeBruhl, DeRamus, Duncan, Ellis, Enloe, Farmer, Foster, Gamble, Gardner,
Gentry, Gilmore, Gregory, Hairston, Harris, Heer, Hightower, Bertha Holt,
Hunter, Huskins, James, Joseph Johnson, Joy Johnson, Jordan, Lachot,
Leonard, Lilley, Love, Lutz, McMillan, Messer, Nesbitt, Phillips, Pickler,
Plyler, Prestwood, Pugh, Quinn, Ramsey, Ray, Rhodes, Rogers, Sandlin,
Sawyer, Ned Smith, Wade Smith, Soles, Tally, Tennille, Thomas, Varner,
Ward, Webb, White, Wiseman, and Woodard — 68.
Representative Hightower offers an amendment.
A division having been called, the amendment is adopted with 56 members
voting in the affirmative and 34 members voting in the negative.
Representative Messer offers an amendment.
Representative Soles moves, seconded by Representative Joseph Johnson,
that the amendment do lie upon the table. Representative Messer calls for
the "ayes" and "noes", and the call is sustained. This motion fails by the
following vote.
Those voting in the affirmative are: Representatives Adams, Barbee,
Bissell, Cook, Creech, Diamont, Erwin, Farmer, Hairston, Helms, Hutchins,
Joseph Johnson, Lawing, Leonard, Mathis, Miller, Rhodes, Setzer, Short,
Wade Smith, Soles, Tison, and Webb — 23.
Voting in the negative: Representatives Auman, Ballenger, Barker,
Barnes, Beard, Bell, Breece, Bright, Bumgardner, Bundy, Campbell, Chapin,
Chase, Cobb, Collins, Cullipher, Davenport, DeBruhl, DeRamus, Dorsey,
Eagles, Ellis, Enloe, Foster, Frye, Gamble, Gardner, Gentry, Gilmore,
Gregory, Griffin, Harris, Heer, Hightower, Edward Holmes, George Holmes,
Bertha Holt, Charles Holt, Hunter, Huskins, James, Jernigan, Joy Johnson,
Jones, Jordan, Lachot, Lilley, Love, Lutz, McMillan, Mason, Messer,
Michaux, Morris, Nesbitt, Oxendine, Parnell, Phillips, Pickler, Plyler,
Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rountree, Sandlin, Sawyer,
Ned Smith, Spoon, Stevens, Stewart, Tally, Tennille, Thomas, Varner,
Watkins, White, Wiseman, Woodard, and Wright — 82.
Representative Messer calls the previous question on his amendment and
the call is sustained.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The amendment is adopted by the following vote.
Those voting in the affirmative are: Representatives Ballenger, Barbee,
Barker, Barnes, Beard, Bell, Breece, Bright, Bumgardner, Bundy, Campbell,
Chapin, Chase, Collins, Cook, Cullipher, DeBruhl, DeRamus, Dorsey, Duncan,
Eagles, Edwards, Ellis, Enloe, Foster, Gamble, Gardner, Gentry, Gilmore,
52 MAY 11, 1976 HOUSE JOURNAL [Second
Session
Gregory, Griffin, Harris, Heer, Hightower, Edward Holmes, George Holmes,
Bertha Holt, Charles Holt, Hunter, Huskins, James, Jernigan, Joy Johnson,
Jones, Jordan, Lachot, Lawing, Lilley, Love, Lutz, McMillan, Mason, Messer,
Morris, Nesbitt, Oxendine, Parnell, Phillips, Pickler, Plyler, Prestwood,
Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rountree, Sandlin, Sawyer,
Setzer, Ned Smith, Stevens, Stewart, Tally, Tennille, Thomas, Varner,
Watkins, White, Wiseman, and Woodard — 82.
Voting in the negative: Representatives Adams, Bissell, Cobb, Creech,
Diamont, Erwin, Farmer, Frye, Hairs ton, Hutchins, Joseph Johnson,
Leonard, Mathis, Michaux, Miller, Short, Wade Smith, Soles, Spoon, Tison,
Webb, and Wright — 22.
Representative Stevens offers an amendment which is adopted.
Representative Messer calls the previous question on the bill, and the call
is sustained.
Representative Messer calls for the "ayes" and "noes", and the call is
sustained.
The bill, as amended, passes its third reading, by the following vote, and
is ordered sent to the Senate for concurrence in House amendments.
Those voting in the affirmative are: Representatives Adams, Auman,
Ballenger, Barbee, Barker, Barnes, Beard, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech,
Cullipher, Davenport, DeBruhl, DeRamus, Diamont, Dorsey, Duncan, Eagles,
Edwards, Ellis, Enloe, Erwin, Farmer, Foster, Frye, Gamble, Gardner,
Gentry, Gilmore, Gregory, Griffin, Hairston, Harris, Heer, Helms, Hightower,
Edward Holmes, George Holmes, Bertha Holt, Charles Holt, Hunt, Hunter,
Huskins, Hutohins, James, Jernigan, Joseph Johnson, Joy Johnson, Jones,
Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz, McMillan,
Mason, Mathis, Messer, Michaux, Miller, Nesbitt, Phillips, Pickler, Plyler^
Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree,
Sandlin, Sawyer, Setzer, Short, Ned Smith, Wade Smith, Soles, Spoon,
Stevens, Stewart, Tally, Tennille, Thomas, Tison, Varner, Ward, Watkins,
White, Wiseman, Woodard, and Wright — 106.
Voting in the negative: Representative Cobb.
A motion by Representative Ward that the vote by which H. B. 417, A
BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN OF
NAVASSA IN BRUNSWICK COUNTY AND TO CALL A SPECIAL
ELECTION ON THE QUESTION OF INCORPORATION, was placed on
the Unfavorable Calendar be reconsidered, fails.
H. J. R. 1304, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND ARTICLE: 7 OF CHAPTER 110 OF
THE GENERAL STATUTES, ENTITLED "DAY-CARE FACILITIES" TO
PROVIDE CHANGES IN THE DEFINITION OF DAY CARE AND TO
PROVIDE THAT THE COMMISSION SHALL HAVE THE POWER TO
SEEK INJUNCTIVE RELIEF.
1976] HOUSE JOURNAL MAY 11, 1976 53
Representative Cook calls for the "ayes" and "noes", and the call is
sustained.
The resolution passes its second reading-, by the following vote.
Those voting in the affirmative are: Representatives Adams, Auman,
Ballenger, Barbee, Barker, Barnes, Beard, Bell, Bissell, Breece, Bumgardner,
Bundy, Campbell, Chapin, Chase, Cobb, Collins, Cook, Creech, Cullipher,
Davenport, DeBruhl, DeRamus, Diamont, Dorsey, Duncan, Eagles, Edwards,
Ellis, Enloe, Erwin, Farmer, Foster, Frye, Gamble, Gardner, Gentry,
Gilmore, Griffin, Hairston, Harris, Heer, Helms, Hightower, Edward Holmes,
Bertha Holt, Charles Holt, Hunt, Huskins, Hutchins, James, Jernigan,
Joseph Johnson, Joy Johnson, Jones, Jordan, Lachot, Lawing, Leonard,
Lilley, Lutz, McMillan, Mason, Mathis, Michaux, Miller, Nash, Nesbitt,
Parnell, Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn, Ramsey, Ray,
Revelled Rhodes, Rogers, Rountree, Sandlin, Sawyer, Setzer, Short, Ned
Smith, Wade Smith, Soles, Spoon, Stevens, Stewart, Tally, Tennille, Thomas,
Tison, Varner, Ward, White, Wiseman, and Woodard — 100.
Voting in the negative: None.
The resolution passes its third reading and is ordered sent to the Senate
by Special Message.
H J. R. 1321, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A BILL
TO REMOVE UNJUSTIFIED PAPERWORK IN THE ADMINISTRATION
OF CRIMINAL PROCEDURE, passes its second and third readings and is
ordered sent to the Senate by Special Message.
On motion of Representative Stevens, the House recesses until 4:30 p.m.
RECESS
Pursuant to recess, the House is called to order by the Speaker.
MESSAGES FROM THE SENATE
The following are received from the Senate:
H B 1293, A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE THE
STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO PRO-
VIDE FOR A STANDARD OF CARE, A DOCTRINE OF INFORMED
CONSENT, AN EXTENSION OF THE GOOD SAMARITAN LAW, AND
THE ELIMINATION OF THE AD DAMNUM CLAUSE, is returned for
concurrence in six Senate amendments.
On motion of Representative Messer, the House concurs in five Senate
amendments.
Representative Messer moves concurrence in the sixth amendment. He
calls for the "ayes" and "noes", and the call is sustained.
54 MAY 11, 1976 HOUSE JOURNAL [Second
Session
The House concurs in the sixth Senate amendment, by the following vote,
and the bill is ordered enrolled.
Those voting in the affirmative are: Representatives Baker, Barker, Beard,
Bell, Bissell, Bright, Bumgardner, Bundy, Chapin, Chase, Cobb, Collins,'
Cullipher, Davis, DeBruhl, Duncan, Enloe, Falls, Foster, Gamble, Gardner,
Gentry, Griffin, Heer, Hunter, Hurst, Huskins, Hyde, James, Jernigan, Joy
Johnson, Josey, Lilley, Love, Lutz, Mason, Mathis, Messer, Morris, Nash,
Pickler, Plyler, Quinn, Ramsey, Ray, Rhodes, Sandlin, Sawyer, Ned Smith,
Spoon, Stewart, Thomas, Varner, Ward, Watkins, White, and Woodard — 57.
Voting in the negative: Representatives Adams, Auman, Ballenger,
Barbee, Barnes, Breece, Campbell, Cook, Creech, Davenport, DeRamus,
Diamont, Dorsey, Eagles, Edwards, Ellis, Erwin, Farmer, Frye, Gilmore,
Hairston, Harris, Helms, Hightower, Edward Holmes, George Holmes,
Bertha Holt, Charles Holt, Hunt, Hutchins, Joseph Johnson, Lawing,
Leonard, McMillan, Michaux, Miller, Nesbitt, Parnell, Phillips, Prestwood,
Pugh, Revelle, Rountree, Setzer, Short, Neal Smith, Wade Smith, Soles,
Stevens, Tally, Tennille, Tison, Webb, Wiseman, and Wright — 55.
REPORT OF COMMITTEES
The following reports from standing committees are presented:
By Representative Stevens for the Committee on Rules and Operation of
the House:
H. J. R. 1287, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL ALLOWING FIRE PROTECTION TAX
LEVIES TO BE APPROPRIATED IN ORDER TO SUPPLY RESCUE
AND AMBULANCE SERVICES, with a favorable report, as amended.
H. J. R. 1294, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO CONSIDER A
BILL PROHIBITING RAFFLES AND BINGO IN MECKLENBURG
COUNTY, with an indefinite postponement report.
H. J. R. 1300, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 263 OF THE 1975
SESSION LAWS TO DELETE POLK COUNTY FROM THE MODIFIED
SUBDIVISION CONTROL ORDINANCE, with a favorable report.
H. J. R. 1314, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 657, SESSION LAWS
OF 1975 SO AS TO PROVIDE A PROCEDURE FOR A NONPARTISAN
ELECTION AND RUN-OFF ELECTION FOR THE DURHAM COUNTY
BOARD OF EDUCATION, with a favorable report.
H. J. R. 1316, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO AMEND CHAPTER
346 OF THE 1973 SESSION LAWS TO MAKE SAID CHAPTER APPLY
TO THE CITY OF RALEIGH, with a favorable report.
1976] HOUSE JOURNAL MAY 12, 1976 55
H. J. R. 1322, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND THE CONSTITUTION TO
CREATE ELECTED COMMISSIONERS OF UTILITIES, with an unfavor-
able report.
S. J. R. 960, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO PROVIDE THAT THE DAILY SUBSIS-
TENCE ALLOWANCE OF THE MEMBERS OF THE GENERAL
ASSEMBLY FOR ATTENDANCE AT THE 1975 GENERAL ASSEMBLY,
SECOND SESSION 1976, SHALL TERMINATE EFFECTIVE MAY 15,
1976, with an indefinite postponement report.
S. J. R. 964, A JOINT RESOLUTION PROVIDING FOR A JOINT
SESSION OR SESSIONS OF THE SENATE AND HOUSE OF REPRE-
SENTATIVES TO ACT ON CONFIRMATION OF APPOINTMENTS
MADE BY THE GOVERNOR TO MEMBERSHIP ON THE NORTH CARO-
LINA UTILITIES COMMISSION, with an unfavorable report.
On motion of Representative Stevens, seconded by Representative Tison,
the House adjourns to reconvene May 12, 1976 at 9:00 a.m.
ONE HUNDRED TWENTY-FIFTH DAY
House of Representatives
Wednesday, May 12, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
Representative Stevens for the Committee on Rules and Operation of the
House, reports the Journal of May 11, 1976 has been examined and found
correct. Upon his motion, the Journal is approved as written.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
By Representatives Jones, Hunt, and Reveller
H. B. 1325, A BILL TO BE ENTITLED AN ACT TO REDUCE FROM
FOUR PERCENT (4%) TO THREE PERCENT (3%) THE DISCOUNT
ALLOWED WHOLESALE DISTRIBUTORS AND IMPORTERS WHO
COLLECT THE TAX ON BEER AND WINE.
By Representatives Erwin, DeRamus, Ned Smith, and Tennille:
H. J. R. 1326, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO EXCLUDE SOCIAL SECURITY BENE-
56 MAY 12, 1976 HOUSE JOURNAL [Second
Session
FITS FROM THE DEFINITION OF DISPOSABLE INCOME FOR
CERTAIN AD VALOREM TAX PURPOSES.
By Representatives Erwin, DeRamus, Ned Smith, and Tennille:
H. B. 1327, A BILL TO BE ENTITLED AN ACT TO EXCLUDE
SOCIAL SECURITY FROM THE DEFINITION OF DISPOSABLE
INCOME FOR CERTAIN AD VALOREM TAX PURPOSES.
By Representative Miller:
H. J. R. 1328, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND THE CHARTER OF RALEIGH-
DURHAM AIRPORT AUTHORITY TO RAISE THE RATE OF
COMPENSATION OF MEMBERS.
By Representative Miller:
H. B. 1329, A BILL TO BE ENTITLED AN ACT TO AMEND THE
CHARTER OF RALEIGH-DURHAM AIRPORT AUTHORITY TO
RAISE THE RATE OF COMPENSATION OF MEMBERS.
By Representatives Cook, Adams, Hunt, and Joe Johnson:
H. B. 1330, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
105-60 CONCERNING THE PRIVILEGE LICENSE TAX FOR A DAY-
CARE FACILITY.
By Representative Ward:
H. J. R. 1331, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO INCORPORATE THE TOWN OF
NAVASSA IN BRUNSWICK COUNTY.
By Representatives McMillan, Barnes, DeRamus, Enloe, Erwin, Lachot,
Ramsey, Rountree, Sandlin, Short, Ned Smith, Stewart, Varner, and Ward:
H. B. 1332, A BILL TO BE ENTITLED AN ACT TO REMOVE
UNJUSTIFIED PAPERWORK IN THE ADMINISTRATION OF CRIM-
INAL PROCEDURE.
By Representative Ward :
H. B. 1333, A BILL TO BE ENTITLED AN ACT TO INCORPORATE
THE TOWN OF NAVASSA IN BRUNSWICK COUNTY.
By Representative Stevens:
H. B. 1334, A BILL TO BE ENTITLED AN ACT TO PROVIDE AN
INHERITANCE TAX EXEMPTION FOR THE PROPERTY OF A
DECEDENT DYING DUE TO COMBAT SERVICE.
FIRST READING AND REFERENCE TO COMMITTEE
The following1 bills and resolutions are read the first time and referred to
committee :
1976] HOUSE JOURNAL MAY 12, 1976 57
By Representative Jones, Hunt, and Revelle:
H. B. 1325, A BILL TO BE ENTITLED AN ACT TO REDUCE FROM
FOUR PERCENT (4%) TO THREE PERCENT (3%) THE DISCOUNT
ALLOWED WHOLESALE DISTRIBUTORS AND IMPORTERS WHO
COLLECT THE TAX ON BEER AND WINE, is referred to the Committee
on Finance.
By Representatives Erwin, DeRamus, Ned Smith, and Tennille:
H. J. R. 1326, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO EXCLUDE SOCIAL SECURITY BENE-
FITS FROM THE DEFINITION OF DISPOSABLE INCOME FOR
CERTAIN AD VALOREM TAX PURPOSES, is referred to the Committee
on Rules and Operation of the House.
By Representative Miller:
H. J. R. 1328, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND THE CHARTER OF RALEIGH-
DURHAM AIRPORT AUTHORITY TO RAISE THE RATE OF
COMPENSATION OF MEMBERS, is referred to the Committee on Rules
and Operation of the House.
By Representatives Cook, Adams, Hunt, and Joe Johnson:
H. B. 1330, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
105-60 CONCERNING THE PRIVILEGE LICENSE TAX FOR A* DAY-
CARE FACILITY, is referred to the Committee on Finance.
By Representative Ward:
H. J. R. 1331, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO INCORPORATE THE TOWN OF
NAVASSA IN BRUNSWICK COUNTY, is referred to the Committee on
Rules and Operation of the House.
By Representative Stevens:
H. B. 1334, A BILL TO BE ENTITLED AN ACT TO PROVIDE AN
INHERITANCE TAX EXEMPTION FOR THE PROPERTY OF A
DECEDENT DYING DUE TO COMBAT SERVICE, is referred to the
Committee on Finance.
SPECIAL MESSAGE FROM THE SENATE
SENATE CHAMBER
May 11, 1976
Mr. Speaker:
It is ordered that a message be sent your Honorable Body with the
information that the Senate fails to concur in the House amendment No. 12
to S. B. 959, A BILL TO BE ENTITLED AN ACT TO CREATE THE
NORTH CAROLINA HEALTH CARE EXCESS LIABILITY FUND, and
requests conferees. The President has appointed Senators Barker, Britt,
58 MAY 12, 1976 HOUSE JOURNAL [Second
Session
and Jernigan on the part of the Senate to confer with a like committee
appointed by the House to the end that the differences arising may be
adjusted.
Respectfully,
S/ Roy Rowe
Principal Clerk
The Speaker appoints Representatives Lilly, Gamble, and Hightower as
conferees on the part of the House and the Senate is so notified by Special
Message.
CALENDAR
Action is taken on the following:
Committee Substitute for H. B. 1291, A BILL TO BE ENTITLED AN
ACT TO CHANGE THE QUARTERLY SYSTEM OF REMITTING STATE
PERSONAL INCOME TAX WITHHELD BY EMPLOYERS TO A
MONTHLY SYSTEM FOR LARGE EMPLOYERS AND TO PROVIDE
FOR UNIFORM MONTHLY FILING DATES, passes its third reading, by
the following vote, and is ordered sent to the Senate by Special Message.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Bissell, Breece, Bright, Bundy,
Campbell, Chapin, Chase, Collins, Creech, Cullipher, Davenport, Davis,
DeBruhl, DeRamus, Diamont, Duncan, Eagles, Edwards, Ellis, Enloe, Erwin,
Falls, Farmer, Foster, Frye, Gamble, Gardner, Gentry, Gilmore, Gregory,
Hairston, Harris, Herr, Helms, Bertha Holt, Charles Holt, Hunter, Hurst,
Huskins, Hyde, James, Jernigan, Joseph Johnson, Joy Johnson, Jones,
Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Lutz, McMillan, Messer,
Michaux, Miller, Morris, Nash, Nesbitt, Parnell, Phillips, Pickler, Plyler,
Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree,
Sandlin, Sawyer, Schwartz, Setzer, Neal Smith, Ned Smith, Wade Smith,
Spoon, Stevens, Stewart, Tennille, Thomas, Tison, Varner, Ward, Webb,
White, Wiseman, Woodard, and Wright — 99.
Voting in the negative: Representatives Bell, Bumgardner, Dorsey, Griffin,
George Holmes, and Hutchins — 6.
H. B. 1299, A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
7A-304 AND G. S. 7A-305 TO INCREASE THE COSTS OF COURT IN
THE SUPERIOR COURT AND DISTRICT COURT DIVISIONS OF THE
GENERAL COURT OF JUSTICE.
The bill, as amended, passes its third reading, by the following vote, and
is ordered sent to the Senate, without engrossment, by Special Message.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech,
Cullipher, Davenport, Davis, DeBruhl, DeRamus, Diamont, Dorsey, Duncan,
Eagles, Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble,
1976] HOUSE JOURNAL MAY 12, 1976 59
Gardner, Gentry, Gilmore, Gregory, Griffin, Hairston, Harris, Heer, Helms,
Hightower, George Holmes, Bertha Holt, Hunter, Hurst, Huskins, Hyde,
James, Jernigan, Joseph Johnson, Joy Johnson, Jones, Jordan, Josey,
Lachot, Lawing Leonard, Lilley, Love, Lutz, McMillan, Messer, Michaux,
Miller, Morris, Nash, Nesbitt, Parnell, Phillips, Pickler, Plyler, Prestwood,
Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers, Rountree, Sandlin,
Sawyer, Schwartz, Setzer, Neal Smith, Ned Smith, Wade Smith, Spoon,
Stevens, Stewart, Tennille, Thomas, Tison, Varner, Ward, Webb, White,
Wiseman, Woodard, and Wright — 106.
Voting in the negative : Representatives Charles Holt, and Hutchins — 2.
H. B. 1303, A BILL TO BE ENTITLED AN ACT TO INCREASE FEE
FOR RECEIVING SERVICE OF PROCESS AS STATUTORY AGENT
OF A CORPORATION TO RECOVER COST, passes its third reading, by
the following vote, and is ordered sent to the Senate by Special Message.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech,
Cullipher, Davenport, Davis, DeBruhl, DeRamus, Diamont, Dorsey, Duncan,
Eagles, Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble,
Gardner, Gentry, Gilmore, Gregory, Griffin, Hairston, Harris, Heer, Helms,
Hightower, George Holmes, Bertha Holt, Charles Holt, Hunter, Hurst,
Huskins, Hutchins, Hyde, James, Jernigan, Joseph Johnson, Joy Johnson,
Jones, Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz, McMillan,
Messer, Michaux, Miller, Morris, Nash, Nesbitt, Parnell, Phillips, Pickler,
Plyler, Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers,
Rountree, Sandlin, Sawyer, Schwartz, Setzer, Neal Smith, Ned Smith, Wade
Smith, Spoon, Stevens, Stewart, Tennille, Thomas, Tison, Varner, Ward,
Webb, White, Wiseman, Woodard, and Wright — 108.
Voting in the negative: None.
H. B. 1310, A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM
SALES TAX CERTAIN MEALS SOLD TO ELDERLY AND INCAPACI-
TATED PERSONS, passes its third reading, by the following vote, and is
ordered sent to the Senate by Special Message.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Ballenger, Barbee, Barker, Barnes, Bell, Bissell, Breece, Bright,
Bumgardner, Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech,
Cullipher, Davenport, Davis, DeBruhl, DeRamus, Diamont, Dorsey, Duncan,
Eagles, Edwards, Ellis, Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble,
Gardner, Gentry, Gilmore, Gregory, Griffin, Hairston, Harris, Heer, Helms,
Hightower, George Holmes, Bertha Holt, Charles Holt, Hunter, Hurst,
Huskins, Hutchins, Hyde, James, Jernigan, Joseph Johnson, Joy Johnson,
Jones, Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz, McMillan,
Messer, Michaux, Miller, Morris, Nash, Nesbitt, Parnell, Phillips, Pickler,
Plyler, Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle, Rhodes, Rogers,
Rountree, Sandlin, Sawyer, Schwartz, Setzer, Neal Smith, Ned Smith, Wade
60 MAY 12, 1976 HOUSE JOURNAL [Second
Session
Smith, Spoon, Stevens, Stewart, Tennille, Thomas, Tison, Varner, Ward,
Webb, White, Wiseman, Woodard, and Wright — 108.
Voting- in the negative: None.
H. J. R. 1287, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL ALLOWING FIRE PROTECTION TAX
LEVIES TO BE APPROPRIATED IN ORDER TO SUPPLY RESCUE
AND AMBULANCE SERVICES.
On motion of Representative Stevens, the committee amendment is
withdrawn.
Representative Hyde offers an amendment which is adopted.
Representative Hyde calls the previous question. The call is sustained.
The bill, as amended, passes its second and third readings, by a two-thirds
majority vote, and is ordered sent to the Senate, without engrossment, by
Special Message.
On motion of Representative Ward, the rules are suspended and H. J. R.
1331, A JOINT RESOLUTION AUTHORIZING THE CONSIDERATION
OF A BILL TO INCORPORATE THE TOWN OF NAVASSA IN BRUNS-
WICK COUNTY, is removed from the Committee on Rules and Operation
of the House and is placed on the Calendar for immediate consideration on
a two-thirds majority vote.
The bill passes its second and third readings, by a two-thirds majority
vote, and is ordered sent to the Senate by Special Message.
H. J. R. 1300, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 263 OF THE 1975
SESSION LAWS TO DELETE POLK COUNTY FROM THE MODIFIED
SUBDIVISION CONTROL ORDINANCE, passes its second and third
readings, by a two-thirds majority vote, and is ordered sent to the Senate
by Special Message.
H. J. R. 1314, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND CHAPTER 657, SESSION LAWS
OF 1975 SO AS TO PROVIDE A PROCEDURE FOR A NONPARTISAN
ELECTION AND RUN-OFF ELECTION FOR THE DURHAM COUNTY
BOARD OF EDUCATION, passes its second and third readings, by a
two-thirds majority vote, and is ordered sent to the Senate by Special
Message.
H. J. R. 1316, A JOINT RESOLUTION AUTHORIZING THE 1975
GENERAL ASSEMBLY, SECOND SESSION 1976, TO AMEND CHAPTER
346 OF THE 1973 SESSION LAWS TO MAKE SAID CHAPTER APPLY
TO THE CITY OF RALEIGH, passes its second and third readings, by a
two-thirds majority vote, and is ordered sent to the Senate by Special
Message.
On motion of Representative Stevens, the House recesses until 4:30 p.m.
1976] HOUSE JOURNAL MAY 12, 1976 61
RECESS
Pursuant to recess, the House is called to order by the Speaker.
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
H. B. 1293, AN ACT TO REVISE AND PROVIDE FOR PROCEDURAL
AND SUBSTANTIVE LAWS GOVERNING CLAIMS FOR PROFES-
SIONAL MALPRACTICE: TO REVISE THE STATUTE OF LIMITA-
TIONS FOR ADULTS AND MINORS; TO PROVIDE FOR A STANDARD
OF CARE, A DOCTRINE OF INFORMED CONSENT, AN EXTENSION
OF THE GOOD SAMARITAN LAW, AND THE ELIMINATION OF THE
AD DAMNUM CLAUSE.
Representative Lilley sends forth the following Conference Report and
moves its adoption.
CONFERENCE REPORT
Senate Bill 959
To the President of the Senate and the Speaker of the House of Repre-
sentatives :
We, your conferees appointed to resolve the differences arising between
the Senate and House of Representatives on Senate Bill 959, A BILL TO BE
ENTITLED AN ACT TO CREATE THE NORTH CAROLINA HEALTH
CARE EXCESS LIABILITY FUND, wish to report as follows:
AMENDMENT 12. (Representative Hightower — amends the bill on page
5, lines 6 through 8.)
The Conference Committee recommends joint acceptance of modification
of the amendment to be rewritten as follows:
Amend the bill on page 5 line 5, by inserting between the word "Com-
missioner" and the word "and", the words "the State Auditor,".
To this end, the conferees recommend that the Senate and House of Repre-
sentatives adopt the foregoing report.
This the 12th day of May, 1976.
Conferees for the Seriate
S/ Bob L. Barker
S/ Luther J. Britt, Jr.
S/ Glenn R. Jernigan
62 MAY 13, 1976 HOUSE JOURNAL [Second
Conferees for the House
of Representatives
S/ John R. Gamble, Jr.
SI FOYLE HlGHTOWER, JR.
S/ Daniel T. Lilley
The Conference Report is adopted and the Senate is so notified by Special
Message.
On motion of Representative Stevens, seeonded by Representative Collins,
the House adjourns to reconvene May 13, 1976 at 9:00 a.m.
ONE HUNDRED TWENTY-SIXTH DAY
House of Representatives
Thursday, May 13, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
Representative Stevens, for the Committee on Rules and Operation of the
House' reports the Journal of May 12, 1976 has been examined and found
correct. Upon his motion, the Journal is approved as written.
The Speaker appoints Mr. Emory D. Stephens of Charlotte, North Caro
Una to serve as ""member of the newly created House Movers Licensing
Board, effective May 13, 1976 through June 30, 1977.
THE RECEIVING OF PETITIONS, MEMORIALS AND PAPERS ADDRESSED
TO THE GENERAL ASSEMBLY OR TO THE HOUSE
Representative Ned Smith sends forth a Resolution from the North Caro
Una Fifth District Democratic Convention, and the Speaker orders that it
be filed in the Office of the Principal Clerk.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
By Representatives Gentry, Collins and Diamont:
TT T R 1335 A JOINT RESOLUTION AUTHORIZING THE CON-
COUNTY.
By Representatives Gentry, Collins and Diamont:
1976]
HOUSE JOURNAL MAY 13, 1976 63
H B 1336 A BILL TO BE ENTITLED AN ACT TO AMEND G. S.
14.111.1, 14-111.2 AND 14-111.3 CONCERNING AMBULANCE SERVICES,
TO INCLUDE ASHE COUNTY.
By Representative Jordan:
H J R 1337, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO RAISE THE MINIMUM WAGE TO TWO
DOLLARS AND THIRTY CENTS ($2.30) PER HOUR.
By Representatives Jordan and Duncan:
H B 1338 A BILL TO BE ENTITLED AN ACT TO RAISE THE
MINIMUM WAGE TO TWO DOLLARS AND THIRTY CENTS ($2.30)
PER HOUR.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred to
committee :
By Representatives Gentry, Collins and Diamont:
H J. R 1335, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO AMEND G. S. 14-111.1, 14-111.2, AND
14-111.3 CONCERNING AMBULANCE SERVICES, TO INCLUDE ASHE
COUNTY.
Representative Gentry moves to suspend the rules to the end that the
resolution may be placed on the Calendar for immediate consideration.
A division having been called, the motion carries by a two-thirds majority,
with 62 members voting in the affirmative and 24 members voting in the
negative.
The resolution passes its second and third readings, by a two-thirds
majority vote, and is ordered sent to the Senate by Special Message.
By Representatives Jordan and Duncan:
H J R 1337, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO RAISE THE MINIMUM WAGE TO TWO
DOLLARS AND THIRTY CENTS ($2.30) PER HOUR.
A motion by Representative Jordan to suspend the rules to the end that
the resolution may be placed on the Calendar for immediate consideration,
fails.
The resolution is referred to the Committee on Finance.
A motion of Representative Erwin to suspend the rules in order that
H J R 1326 A JOINT RESOLUTION AUTHORIZING THE CONSID-
ERATION OF A BILL TO EXCLUDE SOCIAL SECURITY BENEFITS
FROM THE DEFINITION OF DISPOSABLE INCOME FOR CERTAIN
AD VALOREM TAX PURPOSES, be removed from the Committee on Rules
64 MAY 13, 1976 HOUSE JOURNAL [Second
Session
and Operation of the House and placed on the Calendar for immediate
consideration, fails.
On motion of Representative Stevens, the House recesses until 2:00 p.m.
RECESS
Pursuant to recess, the House is called to order by the Speaker.
SPECIAL MESSAGE FROM THE SENATE
Senate Chamber
May 13, 1976
Mr. Speaker :
Pursuant to your message that the House of Representatives has adopted
the report of the Conferees on S. B. 959, A BILL TO BE ENTITLED AN
ACT TO CREATE THE NORTH CAROLINA HEALTH CARE EXCESS
LIABILITY FUND, the Senate, having taken a similar action, orders the
bill enrolled.
Respectfully,
S/ Roy Rowe
Principal Clerk
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
S. B. 959, AN ACT TO CREATE THE NORTH CAROLINA HEALTH
CARE EXCESS LIABILITY FUND.
REPORT OF COMMITTEES
The following reports from standing committees are presented:
By Representative Messer for the Committee on Insurance:
H B 425 A BILL TO BE ENTITLED AN ACT TO BE KNOWN AS
THE NORTH CAROLINA MOTOR VEHICLE ACCIDENT REPARATIONS
AND NO-FAULT INSURANCE ACT, with an indefinite postponement
report.
H B 1311 A BILL TO BE ENTITLED AN ACT TO CREATE THE
NORTH CAROLINA HEALTH CARE EXCESS LIABILITY FUND, with
an indefinite postponement report.
S B 956, A BILL TO BE ENTITLED AN ACT TO REVISE AND
PROVIDE FOR PROCEDURAL AND SUBSTANTIVE LAWS GOVERN-
ING CLAIMS FOR PROFESSIONAL MALPRACTICE: TO REVISE THE
STATUTE OF LIMITATIONS FOR ADULTS AND MINORS; TO PRO-
VIDE FOR A STANDARD OF CARE, A DOCTRINE OF INFORMED
1976] HOUSE JOURNAL MAY 13, 1976 65
CONSENT, AN EXTENSION OF THE GOOD SAMARITAN LAW, AND
THE ELIMINATION OF THE AD DAMNUM CLAUSE, with an indefinite
postponement report.
On motion of Representative Stevens, the House recesses until 4:00 p.m.
RECESS
Pursuant to recess, the House is called to order by the Speaker.
SPECIAL MESSAGE FROM THE SENATE
Senate Chamber
May 13, 1976
Mr. Speaker:
Pursuant to H. J. R. 1307, A JOINT RESOLUTION PROVIDING FOR
A JOINT SESSION OR SESSIONS OF THE SENATE AND HOUSE OF
REPRESENTATIVES TO ACT ON CONFIRMATION OF APPOINT-
MENTS MADE BY THE GOVERNOR TO MEMBERSHIP ON THE
NORTH CAROLINA UTILITIES COMMISSION, the Senate stands ready
to repair to the Hall of the House, there to sit in today's Joint Session with
your Honorable Body.
Respectfully,
S/ Roy Rowe
Principal Clerk
The Speaker orders a message sent to the Senate advising that Honorable
Body that the House stands ready to receive them in Joint Session.
JOINT SESSION
Pursuant to resolution heretofore adopted, and exchange of messages, the
Sergeant-at-Arms of the House announces the arrival of the Senate at the
door of the House. The Speaker directs the admittance and seating of that
Honorable Body. The President of the Senate, the Honorable James B. Hunt,
Jr., is seated to the right of the Speaker and is presented the gavel.
The Joint Assembly is called to order by the President. The Clerk of the
Senate calls the roll of the Senate to establish a quorum and the following
members answer the call:
Senators Alexander, Alford, Allsbrook, Bahakel, Barker, Britt, Childers,
Combs, Crawford, Daniels, Davis, Garrison, Gudger, Hardison, Harrington,
Harris, Henley, Hill, Jernigan, Kincaid, Kirby, Lackey, Marion, Mauney,
McDuffie, Mills, Nye, Odom, Palmer, Rauch, Renfrow, Royall, Scott, Sebo,
Lynwood Smith, McNeill Smith, William Smith, Stallings, Strickland,
Suddarth, Totherow, Vickery, Walker, Walsh, Webster, Whichard, White,
and Winters — 48.
The Clerk of the House of Representatives calls the roll of the House to
establish a quorum and the following members answer the call:
66 MAY 13, 1976 HOUSE JOURNAL [Second
Session
Representatives Adams, Auman, Baker, Ballenger, Barbee, Barker,
Barnes, Beard, Bell, Bissell, Breece, Bright, Bumgardner, Bundy, Campbell,'
Chapin, Chase, Cobb, Collins, Cook, Creech, Cullipher, Davenport, Davis,
DeBruhl, DeRamus, Diamont, Dorsey, Duncan, Eagles, Edwards, Ellis,
Enloe, Erwin, Falls, Farmer, Foster, Frye, Gamble, Gentry, Gilmore,
Gregory, Griffin, Hairston, Harris, Heer, Helms, Hightower, Edward Holmes,
George Holmes, Bertha Holt, Charles Holt, Hunt, Hunter, Hurst, Huskins,
Hutchins, Hyde, James, Jernigan, Joseph Johnson, Joy Johnson, Jones,
Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz, McMillan,
Mason, Mathis, Messer, Michaux, Miller, Morris, Nash, Nesbitt, Oxendine,
Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn, Ramsey, Ray, Revelle,
Rhodes, Rogers, Rountree, Sandlin, Sawyer, Schwartz, Setzer, Short, Neal
Smith, Ned Smith, Wade Smith, Soles, Spoon, Stevens, Stewart, Tally,
Tennille, Thomas, Varner, Ward, Watkins, Webb, White, Wiseman, Woodard,
and Wright — 116.
A quorum of each House being declared present, the Joint Session pro-
ceeds with the business for which it has convened.
The President orders the following letter read:
May 3, 1976
The Honorable James B. Hunt, Jr.
President of the Senate
North Carolina General Assembly
Raleigh, North Carolina
The Honorable James C. Green
Speaker of the House of Representatives
North Carolina General Assembly
Gentlemen :
Pursuant to G. S. 62-10(f), I submit my appointments to fill vacancies on
the State Utilities Commission, for confirmation by the General Assembly
in joint session:
1. W. Lester Teal, Jr.
Raleigh, North Carolina
(To fill an unexpired term created by the resignation of Commissioner
George W. Clark, effective June 30, 1976, for a term to expire June
30, 1981.)
2. Winfield Scott Harvey
Raleigh, North Carolina
(To fill a vacancy created by the resignation of W. Lester Teal, Jr. to
fill a 1981 term, the term to expire June 30, 1977.)
1976] HOUSE JOURNAL MAY 13, 1976 67
3. Ms. Patricia Shaver Locke
Box 4363
Charlotte, North Carolina
(To fill a vacancy created by the resignation of Commissioner Marvin
R. Wooten, the term to expire June 30, 1977.)
Sincerely,
SI James E. Holshouser, Jr.
Governor
Senator Webster, Chairman of the Senate Committee on Public Utilities,
is recognized and he submits the following report:
Mr. President:
In compliance with the provisions of Chapter 243 of the 1975 Session
Laws that nominees to fill positions on the Utilities Commission shall be
subject to confirmation by the General Assembly in Joint Session, Governor
Holshouser has submitted for confirmation by the General Assembly the
following names:
Mr. W. Lester Teal, Jr. (To fill an unexpired term created by the resig-
nation of Commissioner George W. Clark, effective June 30, 1976, for a term
to expire June 30, 1981)
Mr. Winfield Scott Harvey (To fill a vacancy created by the resignation
of W. Lester Teal, Jr. to fill a 1981 term, the term to expire June 30, 1977)
Ms. Patricia Shaver Locke (To fill a vacancy created by the resignation
of Commissioner Marvin R. Wooten, the term to expire June 30, 1977)
Pursuant to H. J. R. 1307 the Senate Committee on Public Utilities has
considered the nominees and makes the following recommendation to this
Joint Session:
That the nomination of Mr. W. Lester Teal, Jr. to fill an unexpired term
created by the resignation of Commissioner George W. Clark not be
confirmed.
That since the position for which Mr. Harvey was nominated will not be
vacated, that is the position being held by Mr. Teal, the Committee takes no
action as to Mr. Harvey.
That the nomination of Ms. Patricia Shaver Locke not be confirmed.
Respectfully submitted.
S/ Wesley D. Webster
Representative Miller, Chairman of the House Committee on Public
Utilities, is recognized and he submits the following report:
68 MAY 13, 1976 HOUSE JOURNAL [Second
Session
May 13, 1976
Mr. President :
In compliance with the provisions of Chapter 243 of the 1975 Session
Laws that nominees to fill positions on the Utilities Commission shall be
subject to confirmation by the General Assembly in Joint Session, Governor
Holshouser has submitted for confirmation by the General Assembly the
following names:
Mr. W. Lester Teal, Jr. (To fill an unexpired term created by the resig-
nation of Commissioner George W. Clark, effectvie June 30, 1976, for a
term to expire June 30, 1981)
Mr. Winfield Scott Harvey (To fill a vacancy created by the resignation
of W. Lester Teal, Jr. to fill a 1981 term, the term to expire June 30, 1977)
Ms. Patricia Shaver Locke (To fill a vacancy created by the resignation
of Commissioner Marvin R. Wooten, the term to expire June 30, 1977)
Pursuant to H. J. R. 1307 the House Committee on Public Utilities has
considered the nominees and makes the following recommendation to this
Joint Session:
That the nomination of Mr. W. Lester Teal, Jr. to fill an unexpired term
created by the resignation of Commissioner George W. Clark not be
confirmed.
That since the position for which Mr. Harvey was nominated will not be
vacated, that is the position being held by Mr. Teal, the Committee takes
no action as to Mr. Harvey.
That the nomination of Ms. Patricia Shaver Locke not be confirmed.
Respectfully submitted.
S/ George W. Miller, Jr.
Chairman
House Public Utilities Committee
Senator Webster moves that the nomination of W. Lester Teal, Jr., not be
confirmed.
Representative Miller moves that the nomination of W. Lester Teal, Jr.,
not be confirmed.
The President announces that the rolls of both Houses will be called and
that the totals will not be announced until after both bodies have voted.
The motion that the nomination of W. Lester Teal not be confirmed
carries by the following vote of the Senate membership:
Those voting in the affirmative are: Senators Alexander, Alford,
Allsbrook, Bahakel, Barker, Britt, Childers, Combs, Daniels, Davis, Garrison,
Gudger, Hardison, Harrington, Harris, Henley, Hill, Jernigan, Kirby,
Lackey, Marion, McDuffie, Nye, Odom, Palmer, Renfrow, Royall, Scott, Sebo,
Lynwood Smith, William Smith, Stallings, Strickland, Suddarth, Totherow,
Vickery, Walker, Walsh, Webster, Whichard, White, and Winters — 42.
1976] HOUSE JOURNAL MAY 13, 1976 69
Voting in the negative — None.
The motion that the nomination of W. Lester Teal not be confirmed
carries by the following vote of the House membership:
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Barbee, Barker, Barnes, Beard, Breece, Bright, Bumgardner, Bundy,
Campbell, Chapin, Chase, Collins, Cook, Creech, Cullipher, Davenport, Davis,
DeBruhl, DeRamus, Diamont, Duncan, Eagles, Edwards, Ellis, Enloe, Erwin,
Falls, Farmer, Foster, Frye, Gentry, Gilmore, Gregory, Griffin, Hairston,
Harris, Heer, Helms, Hightower, Edward Holmes, Bertha Holt, Charles Holt,
Hunt, Hunter, Hurst, Huskins, Hyde, James, Jernigan, Joseph Johnson,
Joy Johnson, Jones, Jordan, Josey, Lachot, Lawing, Leonard, Lilley, Love,
Lutz, McMillan, Mason, Messer, Michaux, Miller, Morris, Nash, Nesbitt,
Oxendine, Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn, Ramsey, Ray,
Revelle, Rogers, Rountree, Sandlin, Sawyer, Schwartz, Setzer, Short, Neal
Smith, Ned Smith, Wade Smith, Soles, Stevens, Stewart, Tally, Tennille,
Thomas, Varner, Ward, Watkins, Webb, White, Wiseman, Woodard, and
Wright— 105.
Voting in the negative: Representatives Ballenger, Bell, Bissell, George
Holmes, Hutchins, Mathis, Rhodes, and Spoon — 8.
The President rules that no action is required on the appointment of
Winfield Scott Harvey as no vacancy is created as the result of the previous
vote taken by the Senate and House on confirmation of W. Lester Teal, Jr.
Senator Webster moves that the nomination of Patricia Shaver Locke not
be confirmed.
Representative Miller moves that the nomination of Patricia Shaver Locke
not be confirmed.
The motion of Senator Webster that the nomination of Patricia Shaver
Locke not be confirmed carries by the following vote of the Senate
membership:
Those voting in the affirmative are: Senators Alexander, Alford, Allsbrook,
Barker, Britt, Childers, Combs, Daniels, Garrison, Gudger, Hardison,
Harrington, Henley, Hill, Jernigan, Kirby, Lackey, Marion, Mauney,
McDuffie, Moore, Nye, Odom, Palmer, Renfrow, Royall, Scott, Lynwood
Smith, McNeill Smith, William Smith, S tailings, Suddarth, Totherow,
Vickery, Walker, Walsh, Webster, Whichard, White, and Winters — 40.
Voting in the negative: Senators Bahakel, Davis, Harris, Sebo, and
Strickland — 5.
The motion of Representative Miller that the nomination of Patricia
Shaver Locke not be confirmed carries by the following vote of the House
membership.
Those voting in the affirmative are: Representatives Adams, Auman,
Baker, Barbee, Barker, Barnes, Beard, Bell, Breece, Bright, Bumgardner,
Bundy, Campbell, Chapin, Chase, Collins, Cook, Creech, Cullipher, Davenport,
70 MAY 14, 1976 HOUSE JOURNAL [Second
Session
Davis, DeBruhl, Diamont, Duncan, Eagles, Ellis, Enloe, Erwin, Farmer,
Frye, Gentry, Gilmore, Gregory, Hairston, Harris, Heer, Helms, Hightower,
Edward Holmes, Bertha Holt, Hunt, Hunter, Hurst, Huskins, Hyde, James,
Jernigan, Joseph Johnson, Joy Johnson, Jordan, Josey, Lachot, Lawing,
Leonard, Lilley, Love, Lutz, McMillan, Mason, Messer, Michaux, Miller,
Morris, Nash, Nesbitt, Phillips, Pickler, Plyler, Prestwood, Pugh, Quinn,
Ramsey, Ray, Revelle, Rogers, Rountree, Sandlin, Sawyer, Schwartz, Setzer,
Short, Neal Smith, Ned Smith, Wade Smith, Soles, Stevens, Stewart, Tally,
Tennille, Thomas, Varner, Ward, Watkins, Webb, White, Woodard, and
Wright — 97.
Voting in the negative: Representatives Ballenger, Bissell, DeRamus,
Edwards, Foster, Griffin, George Holmes, Charles Holt, Mathis, Oxendine,
Rhodes, Spoon, and Wiseman — 13.
The President orders a message be sent to the Governor advising him of
the action of this Joint Session.
On motion of Senator Henley, the Joint Session is dissolved and the
Senate returns to the Senate Chamber.
On motion of Representative Stevens, seconded by Representative Lilley,
the House adjourns to reconvene May 14, 1976, at 9:00 a.m.
ONE HUNDRED TWENTY-SEVENTH DAY
House of Representatives
Friday, May 14, 1976
The House meets pursuant to adjournment and is called to order by the
Speaker.
Prayer is offered by Dr. Albert G. Edwards, House Chaplain.
Representative Stevens for the Committee on Rules and Operation of the
House, reports the Journal of May 13, 1976, has been examined and found
correct. Upon his motion, the Journal is approved as written.
BILLS FILED WITH PRINCIPAL CLERK
The following bills and resolutions are filed in the Office of the Principal
Clerk:
By Representative Green:
H. J. R. 1339, A JOINT RESOLUTION HONORING THE 1976 MAS-
TERS GOLF TOURNAMENT CHAMPION, NORTH CAROLINIAN
RAYMOND FLOYD.
1976]
HOUSE JOURNAL MAY 14, 1976 71
By Representative Jordan:
H J R 1340, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO LIMIT THE ANNUAL INCREASE IN
THE NUMBER OF STATE EMPLOYEES.
By Representative Jordan:
H B 1341, A BILL TO BE ENTITLED AN ACT TO LIMIT THE
ANNUAL INCREASE IN THE NUMBER OF STATE EMPLOYEES.
FIRST READING AND REFERENCE TO COMMITTEE
The following: bills and resolutions are read the first time and referred to
committee :
By Representatives Quinn, and Plyler:
H J R 1286, A JOINT RESOLUTION HONORING THE LIFE AND
MEMORY OF ARTHUR WEBSTER THOMAS, JR., A FORMER MEMBER
OF THE GENERAL ASSEMBLY FROM CABARRUS COUNTY.
On motion of Representative Quinn, the rules are suspended by a two-
thirds majority vote, and the resolution is placed before the House for
immediate consideration.
The resolution passes its second and third readings, by a two-thirds
majority vote, and is ordered sent to the Senate by Special Message.
Representative Quinn moves that when the House adjourns it do so in
honor and memory of Art Thomas.
The Speaker orders the following poem entered into today's Journal.
ON THE RESOLUTION HONORING THE
LATE ART THOMAS, FORMER MEMBER OF THE HOUSE
From Buncombe to Cabarrus,
Moved a man that we called Art,
An active, energetic legislator
Who kept the horse before the cart.
He devoted his attention
To economic matters,
And was not particularly known
For saying things that flatters.
He could see through an issue,
And digest it well.
And if there were flaws in his opinion,
You knew that he would tell.
And though we all shall miss him,
I know that we are ready
72 MAY 14, 1976 HOUSE JOURNAL [Second
Session
To move on to even greater things
With the aid of his wife, Betty.
She'll take her place in
These hallowed halls,
And vote her conscience too;
An inspiration, we hope, to all of us,
A better job to do.
By Representative Henry E. Frye
May 14, 1976
FIRST READING AND REFERENCE TO COMMITTEE (CONTINUED)
The following bills and resolutions are read the first time and referred to
committee:
By Representative Green:
H. J. R. 1339, A JOINT RESOLUTION HONORING THE 1976 MAS-
TERS GOLF TOURNAMENT CHAMPION, NORTH CAROLINIAN
RAYMOND FLOYD, is referred to the Committee on Rules and Operation
of the House.
By Representative Jordan:
H. J. R. 1340, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL TO LIMIT THE ANNUAL INCREASE IN THE
NUMBER OF STATE EMPLOYEES, is referred to the Committee on Rules
and Operation of the House.
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
H. B. 1291, AN ACT TO CHANGE THE QUARTERLY SYSTEM OF
REMITTING STATE PERSONAL INCOME TAX WITHHELD BY EM-
PLOYERS TO A MONTHLY SYSTEM FOR LARGE EMPLOYERS AND
TO PROVIDE FOR UNIFORM MONTHLY FILING DATES.
H. B. 1299, AN ACT TO AMEND G. S. 7A-304 AND G. S. 7A-305 TO
INCREASE THE COSTS OF COURT IN THE SUPERIOR COURT AND
DISTRICT COURT DIVISIONS OF THE GENERAL COURT OF JUSTICE.
H. B. 1303, AN ACT TO INCREASE FEE FOR RECEIVING SERVICE
OF PROCESS AS STATUTORY AGENT OF A CORPORATION TO RE-
COVER COST.
H. B. 1310, AN ACT TO EXEMPT FROM SALES TAX CERTAIN
MEALS SOLD TO ELDERLY AND INCAPACITATED PERSONS.
On motion of Representative Stevens, the House recesses until 2:00 p.m.
or upon the call of the Chair.
1976]
HOUSE JOURNAL MAY 14, 1976 73
RECESS
Pursuant to recess the House is called to order by the Speaker at 1:00 p.m.
REPORT OF COMMITTEES
The following reports from standing committees are presented:
By Representative Love for the Committee on Appropriations:
Committee Substitute for H. B. 1290, A BILL TO BE ENTITLED AN
ACT TO MODIFY CURRENT OPERATIONS AND CAPITAL IMPROVE-
MENTS APPROPRIATIONS FOR NORTH CAROLINA STATE GOVERN-
MENT FOR THE FISCAL YEAR 1976-77, AND TO MAKE OTHER
CHANGES IN THE BUDGET OPERATION OF THE STATE, with an
unfavorable report as to bill, favorable as to committee substitute bill.
On motion of Representative Love, the substitute bill is adopted.
On motion of Representative Love, the rules are suspended and the bill is
placed before the House for immediate consideration.
Representative Nesbitt offers an amendment.
Representative Nesbitt calls for the "ayes" and "noes", and the call is
sustained.
The amendment fails by the following vote:
Those voting in the affirmative are: Representatives Bell, Cobb, Cullipher,
DeBruhl, Diamont, Dorsey, Enloe, Gentry, Griffin, Charles Holt, Hunter,
Hutchins, Jones, Jordan, Nesbitt, Ramsey, Rhodes, Sandlin, Sawyer,
Watkins, and Wiseman — 21.
Voting in the negative: Representatives Adams, Auman, Baker, Ballenger,
Barker, Barnes, Beard, Breece, Bright, Bumgardner, Bundy, Campbell,
Chapin, Chase, Collins, Cook, Creech, Davenport, Davis, DeRamus, Duncan,
Eagles, Ellis, Erwin, Falls, Farmer, Foster, Frye, Gamble, Gardner, Gilmore,
Gregory, Hairston, Harris, Heer, Helms, Hightower, Edward Holmes, Bertha
Holt Hunt, Huskins, Hyde, James, Jernigan, Joseph Johnson, Joy Johnson,
Josey, Lachot, Lawing, Leonard, Lilley, Love, Lutz, McMillan, Mason,
Messer, Michaux, Miller, Morris, Nash, Parnell, Phillips, Pickler, Plyler,
Prestwood, Pugh, Quinn, Ray, Revelle, Rogers, Rountree, Schwartz, Setzer,
Short, Neal Smith, Ned Smith, Wade Smith, Soles, Spoon, Stevens, Stewart,
Tally, Tennille, Thomas, Tison, Varner, Ward, White, Woodard, and Wright
— 90.
Representative Michaux offers an amendment.
On motion of Representative Love, seconded by Representative Lachot, the
amendment is tabled.
On motion of Representative Love, H. B. 1290 is temporarily displaced in
order that a Message from the Senate may be read.
74 MAY 14, 7976 HOUSE JOURNAL [Second
Session
MESSAGES FROM THE SENATE
The following are received from the Senate:
Committee Substitute for S. B. 954, A BILL TO BE ENTITLED AN
ACT TO MODIFY CURRENT OPERATIONS AND CAPITAL IMPROVE-
MENTS APPROPRIATIONS FOR NORTH CAROLINA STATE GOVERN-
MENT FOR THE FISCAL YEAR 1976-77, AND TO MAKE OTHER
CHANGES IN THE BUDGET OPERATION OF THE STATE, is read the
first time.
On motion of Representative Love the rules are suspended, and the bill is
placed before the House for immediate consideration.
The bill passes its second and third readings and is ordered enrolled.
Representative Dorsey requests that he be recorded as voting "no" on
this bill.
On motion of Representative Love, H. B. 1290 is postponed indefinitely.
FIRST READING AND REFERENCE TO COMMITTEE
The following bills and resolutions are read the first time and referred to
committee:
By Representative Stevens:
H. J. R. 1342, A JOINT RESOLUTION PROVIDING FOR ADJOURN-
MENT SINE DIE OF THE GENERAL ASSEMBLY ON FRIDAY, MAY 14,
1976, AT 4:00 P.M.
On motion of Representative Stevens, the rules are suspended, by a two-
thirds majority vote, and the resolution is placed before the House for
immediate consideration.
The resolution passes its second and third readings, by a two-thirds
majority vote, and is ordered sent to the Senate by Special Message.
ENROLLED BILLS
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
S. B. 954, AN ACT TO MODIFY CURRENT OPERATIONS AND
CAPITAL IMPROVEMENTS APPROPRIATIONS FOR NORTH CARO-
LINA STATE GOVERNMENT FOR THE FISCAL YEAR 1976-77, AND
TO MAKE OTHER CHANGES IN THE BUDGET OPERATION OF THE
STATE.
H. J. R. 1287, A JOINT RESOLUTION AUTHORIZING THE CON-
SIDERATION OF A BILL ALLOWING FIRE PROTECTION TAX
LEVIES TO BE APPROPRIATED IN ORDER TO SUPPLY RESCUE
AND AMBULANCE SERVICES.
1976] HOUSE JOURNAL MAY 14, 1976 75
On motion of Representative Hyde, the rules are suspended, by a two-
thirds majority vote, and H. B. 1288, A BILL TO BE ENTITLED AN
ACT TO AUTHORIZE THE APPROPRIATION OF FUNDS RAISED
FROM TAXES LEVIED IN RURAL FIRE PROTECTION DISTRICTS
TO BE APPLIED IN PROVIDING RESCUE AND AMBULANCE SER-
VICES WITHIN SAID DISTRICTS, AND TO VALIDATE ANY SUCH
FUNDS PREVIOUSLY SO APPROPRIATED, is placed before the House
for immediate consideration.
The bill passes its second and third readings and is ordered sent to the
Senate by Special Message.
ENROLLED BILLS (CONTINUED)
The following are properly enrolled, duly ratified, and sent to the office
of the Secretary of State:
H. J. R. 1286, A JOINT RESOLUTION HONORING THE LIFE AND
MEMORY OF ARTHUR WEBSTER THOMAS, JR., A FORMER MEMBER
OF THE GENERAL ASSEMBLY FROM CABARRUS COUNTY.
H. J. R. 1342, A JOINT RESOLUTION PROVIDING FOR ADJOURN-
MENT SINE DIE OF THE GENERAL ASSEMBLY ON FRIDAY, MAY
14, 1976, AT 4:00 P.M.
REMARKS BY SPEAKER JAMES C. GREEN
"At this time on the Chair's own motion, I should like to express my
gratitude to all of you for your having allowed me to serve as your Speaker
in what has been not only a most pleasing assignment, but a great challenge.
I sincerely thank each of you for the opportunity that has been mine. I
commend each of you, individually, and I commend you collectively, for the
very keen, and very rare, dedication of your labors on behalf of all of the
people of our great State of North Carolina. At the outset of the 1975-76
Session, I stood here and I insisted that all of the Committee Chairmen deal
with every matter that came before their respective committees firmly,
fairly and expeditiously. I stand here again today to commend all of you
for having competently discharged those responsibilities most admirably.
"The very gracious and generous manner in which you have dealt with
me as your Speaker certainly has been heartwarming and gratifying, to say
the least.
"Today, again I thank you on behalf of my entire family for your gen-
erosity which you expressed so beautifully on Wednesday night of this week
at our Love Feast. We shall always treasure and enjoy the handsome and
very elegant silver service which you presented to us. I personally will
enjoy wearing the very smart, colorful and patriotic coats and ties which
were given me by you as soon as Craig Lawing gets the right size.
76 MAY 14, 1976 HOUSE JOURNAL [Second
Session
"I want you to know, too, that I shall always treasure each and every
kind word and words of encouragement that have been spoken to me by
you, as well as the many nice letters and notes I have received from you
members during this Session. I know, you must know, that they mean very
much to me.
"In chatting with the Honorable Secretary of State, Thad Eure, he has
estimated that since I first came to the General Assembly in 1961, I have
served with some 450 or more separate individuals from across this great
State. This has been a most rewarding experience for me. Having heard
some comments from other members today, along these lines, I guess the
full realization is just beginning to strike me, that today, barring any
unforeseen difficulties which might require a Special Session of this General
Assembly, this, May the Fourteenth, 1976, will be the final day of my service
as a member of this General Assembly, since after 16 years I did indeed
finally state publicly that I would not be a candidate for re-election to the
House of Representatives from the 19th House District in North Carolina.
I do hope and expect, however, to continue the fast friendships which I have
had the privilege and honor of enjoying here.
"I say thank you — and I thank you for all of your support — all of your
help — all of your love — and, yes, for all of your constructive criticism
which has served to spur me to try to be what you would expect and want
your Speaker to be.
"I shall contniue to walk humbly with my God, with the hope that we
may all continue to be blessed, beyond our ability to ask. Thank you."
The Speaker orders a message sent to the Senate informing that Honor-
able Body that the House of Representatives has concluded its business.
special message from the senate
Senate Chamber
May 14, 1976
Mr. Speaker:
You are respectfully advised that the business of the Senate has been
concluded and that Body will be ready to open the doors of the Senate
immediately upon receipt of information from your Honorable Body that
you are ready to open your doors, that the gavels may fall simultaneously
and adjournment may be declared sine die.
Respectfully,
S/ Roy Rowe
Principal Clerk
On motion of Representative Stevens, seconded by Representative Quinn,
and pursuant to the information contained in the exchange of messages
between the Senate and the House of Representatives and the joint resolu-
tion heretofore passed, and in memory of Arthur Webster Thomas, Jr., the
doors of the House are ordered opened.
1976] HOUSE JOURNAL MAY 14, 1976 77
The President of the Senate is perceived standing, ready to let fall the
gavel. The Speaker sounds the gavel and declares the House of Represen-
tatives of the 1975-76 Session of the General Assembly of North Carolina
adjourned sine die.
Grace A. Collins
Principal Clerk
APPENDIX
APPENDIX 81
PRAYERS OFFERED TO
THE HOUSE OF REPRESENTATIVES
1976
by
Dr. Albert G. Edwards
Monday, May 3, 1976
Eternal Father, without Whom nothing is holy and no one is internally
strong, we thank Thee for the ancient promise, "In thy going out and
coming in I will be with thee." As these men and women have come once
more to the assembly room of legislative actions Thou knowest the respon-
sibilities which confront them. We know that to give employees what they
deserve is impossible, for the State could never pay what some deserve, and
if others get what they deserve they could not exist. Grant wisdom to these
Legislators that they may therefore do what is just but what is also in
keeping with our state's financial resources. A difficult decision, Lord, for
these men and women to make, but prove again that man's extremity is
God's opportunity. In Jesus' Name. Amen.
Tuesday, May 4, 1976
Almighty God, it's mostly the same old faces, but that can't be all bad,
for we remember that you are the same God and there is comfort in the
constant. Because You are the same and there is no variance or change,
as we look ahead we gain confidence from remembrance of the past; a
remembrance which recalls to mind Thy steadfast mercies, and enables us
to say with the Prophet Jeremiah, "This I recall to mind and therefore I
have hope."
The prayer we offer in our Saviour's name, Amen.
Wednesday, May 5, 1976
Soverign God, Thou who art able to do exceedingly more than we can
ever ask or think, empower these men and women to be
cheerful when things go wrong
serene when things are irritating
perservering when things are difficult
hopeful when things are disappointing
resourceful when others are at their wits' end, and alert when
others are dull and dozy.
It seems like a lot to ask, our Father, but can we ever ask too much from
One who brought from the dead our Saviour and Lord, Jesus Christ?
In His Name we pray. Amen.
82 APPENDIX
Thursday, May 6, 1976
Loving God and helpful Father, if ever there was a virtue for whose
possession we need to pray, is it not the virtue of understanding.
Our prayer is that these men and women may understand why some
employees of the state clamor for greater compensation. They are human
and needs and wants ever multiply and increase and money is the prime
source of satisfaction; and yet we never get enough for enough is always
just a little more than we now have.
We ask understanding, our Father, by employees of the State, that they
may come to see that a State cannot give what it does not have without
inviting fiscal disaster or jeopardizing needed services that other agencies
render.
Great God, restore within all of us the spirit of the Apostle who said,
"I have learned in whatsoever state I am therewith to be content," and help
us to discover that this is possible when we know that when we have enough
to live for we are not too concerned about what we have to live on. In
Jesus' Name, Amen.
Monday, May 10, 1976
Gracious and most generous God we receive much for which we do not
work — gifts such as the unfailing recurrence of night and day. Yet we
know that for most of us the night is for the rest and the day is for work ;
and again these men and women return to work, and with Thy help may it
be with renewed strength, keen minds and warm hearts. As they listen,
ponder, and participate may they remember that in a democracy the elected
representatives are the servants and not the masters of the people.
Our prayer we offer in the name of the Christ who came to serve all
mankind, Amen.
Tuesday, May 11, 1976
Great God, our help in ages past, our hope for years to come, and our
life and strength for this present day, we thank Thee that we assemble
in a place which is a marvelous monument to man's dreams and skills and
labors.
Our earnest prayer would be that what happens in this place may be a
magnificent monument to the vision, honesty, and selflessness of the men
and women who represent here the citizens of this State.
In the name of Jesus. Amen.
Wednesday, May 12, 1976
O matchless God, whose truth endureth to all generations, there are times
when we wish we could vote to suspend the moral rules of the universe so
that we could sow and not worry about the crop. However, we do live in
a world where we are accountable not only for our deeds but also for our
APPENDIX 83
words; so help these men and women to choose well their words and deter-
mine wisely their actions that on the day of ultimate accountability it will
be possible to say to them, "Well done, faithful servant."
Our prayer is offered in the name of the servant Christ, Amen.
Thursday, May 13, 1976
We thank You, Father in Heaven, that our prayers do not have to go
through the Senate for they might be killed before they get to You.
We thank You that we come to you through Jesus Christ; this Jesus who
knew
the strain of daily toil
the burden of decision making
the loneliness of honesty,
but who also knew the joy of being able to say to You, "I have glorified
your name."
To all in this House who seek that same joy may there be granted the
companionship and the encouragement of this Jesus.
In His Name we pray, Amen.
Friday, May 14, 1976
Matchless and Almighty God, we recall the words: "The earth is the
Lord's and the fullness thereof, the world and they that dwell therein."
But these men and women are more than tenants they are also trustees;
trustees of place and power given them by the citizens of their districts.
As they confront the issues of a new day they will discover anew that
there are no simple solutions only intelligent choices. By their honest,
unselfish and intelligent choices may they prove anew to the people of their
State that they are not as dumb as some people say they are.
We pray in the name of Him who once was considered dumb, but whom
time has proved to be wise, Jesus the Christ, Amen.
84 APPENDIX
BILLS AND RESOLUTIONS INTRODUCED
BY MEMBERS 1976
ADAMS, ALLEN
Nos. 1286, 1297, 1304, 1308, 1310, 1313, 1330.
AUMAN, T. CLYDE
No. 1289.
BAKER, T. J.
Nos. 1286, 1289.
BALLENGER, T. CASS
Nos. 1286, 1289, 1308, 1312.
BARBEE, ALLEN C.
Nos. 1286, 1289.
BARKER, CHRIS S., JR.
Nos. 1286, 1289.
BARNES, HENSON, P.
Nos. 1286, 1308, 1321.
BEARD, R. D.
Nos. 1286, 1289, 1308.
BELL, E. GRAHAM
Nos. 1286, 1289, 1292, 1293, 1308.
BISSELL, MARILYN R.
Nos. 1289, 1312, 1324.
BREECE, GEORGE W.
Nos. 1286, 1289, 1308.
BRIGHT, JOE L.
No. 1308.
BUMGARDNER, DAVID W. JR.
Nos. 1286, 1289.
BUNDY, SAM D.
No. 1286.
CAMPBELL, A. HARTWELL
Nos. 1286, 1289, 1308.
CHAPIN, HOWARD B.
Nos. 1286, 1289, 1308.
CHASE, MRS. NANCY
Nos. 1286, 1289, 1293, 1308.
COBB, LAURENCE A.
No. 1321.
APPENDIX 85
COLLINS, P. C, JR.
Nos. 1289, 1308, 1335.
COOK, RUTH E.
Nos. 1286, 1304, 1308, 1310, 1313, 1316, 1330.
CREECH, WILLIAM A.
Nos. 1289, 1304, 1308, 1310, 1313, 1316.
CULLIPHER, GEORGE P.
Nos. 1286, 1289, 1308.
DAVENPORT, JOHN ED
Nos. 1286, 1299, 1303.
DAVIS, GILBERT R.
Nos. 1286, 1289, 1308, 1313, 1322.
DEBRUHL, CLAUDE
Nos. 1289, 1308, 1322.
DERAMUS, JUDSON D., JR.
Nos. 1293, 1304, 1308, 1312, 1326.
DIAMONT, DAVID H.
No. 1335.
DORSEY, FRED R.
Nos. 1286, 1293, 1306, 1308, 1312.
DUNCAN, CONRAD R.
Nos. 1289, 1308, 1321, 1337.
EAGLES, LARRY P.
No 1286.
EDWARDS, JAMES H.
Nos. 1286, 1289, 1308, 1319, 1324.
ELLIS, T. W., JR.
Nos. 1286, 1308.
ENLOE, JEFF H., JR.
Nos. 1286, 1308, 1322.
ERWIN, RICHARD €.
Nos. 1285, 1286, 1304, 1308, 1322, 1326.
FALLS, ROBERT Z.
Nos. 1286, 1293, 1308.
FARMER, ROBERT L.
Nos. 1304, 1310, 1313, 1316.
FOSTER, JO GRAHAM
Nos. 1286, 1289, 1293, 1294, 1308.
FRYE, HENRY E.
No. 1286.
86 APPENDIX
GAMBLE, JOHN R., JR.
Nos. 1286, 1289, 1292, 1293.
GARDNER, J. M.
Nos. 1286, 1289, 1308.
GENTRY, J. WORTH
Nos. 1289, 1308, 1335.
GILMORE, THOMAS 0.
No. 1286.
GREGORY, CARSON
Nos. 1289, 1308, 1322.
GRIFFIN, MRS. DILLARD
Nos. 1286, 1308.
GREEN, JAMES C.
Nos. 1286, 1339.
HAIRSTON, PETER W.
No. 1286.
HARRIS, W. S., JR.
Nos. 1286, 1308, 1313.
HEER, LEO
No. 1286.
HELMS, H. PARKS
Nos. 1286, 1294, 1308.
HIGHTOWER, FOYLE
No. 1286.
HOLMES, EDWARD S.
No. 1289.
HOLMES, GEORGE M.
Nos. 1286, 1289, 1308, 1312, 1319.
HOLT, BERTHA
No. 1308.
HOLT, CHARLES
Nos. 1286, 1289, 1308, 1321.
HUNT, PATRICIA S.
Nos. 1308, 1313, 1325, 1330.
HUNTER, THOMAS B.
Nos. 1286, 1289.
HURST, WILDA
Nos. 1286, 1289, 1308.
APPENDIX 87
HUSKINS, J. P.
Nos. 1286, 1289.
HUTCHINS, FRED S., JR.
Nos. 1304, 1308, 1312.
HYDE, HERBERT L.
Nos. 1287, 1288, 1308.
JAMES, VERNON G.
Nos. 1286, 1289, 1293, 1308.
JERNIGAN, ROBERTS H., JR.
Nos. 1286, 1289, 1308.
JOHNSON, JOY J.
Nos. 1289, 1313.
JOHNSON, JOSEPH E.
Nos. 1286, 1304, 1308, 1310, 1313, 1316, 1330.
JONES, ROBERT A.
Nos. 1289, 1300, 1306, 1308, 1325.
JORDAN, JOHN M.
Nos. 1337, 1340.
JOSEY, C. KITCHIN
Nos. 1286, 1289.
LACHOT, W. H., JR.
Nos. 1286, 1308, 1321.
LAWING, CRAIG
Nos. 1286, 1294, 1308.
LEONARD, LARRY E.
No. 1286.
LILLEY, DANIEL T.
Nos. 1286, 1289, 1308, 1311.
LOVE, JIMMY L.
Nos. 1290, 1308.
LUTZ, MRS. EDITH
Nos. 1286, 1293, 1308.
McMillan, william h.
No. 1321.
MASON, RONALD E.
Nos. 1289, 1308.
MATHIS, CAROLYN
Nos. 1312, 1324.
88 APPENDIX
MESSER, ERNEST B.
Nos. 1289, 1292, 1293, 1311.
MICHAUX, H. M., JR.
No. 1308.
MILLER, GEORGE
Nos. 1292, 1295, 1304, 1306, 1307, 1308, 1314, 1328.
MORRIS, GLENN A.
Nos. 1286, 1289, 1308.
NASH, ROBIE L.
Nos. 1286, 1289.
NESBITT, MARY C.
Nos. 1289, 1293, 1308, 1324.
OXENDINE, HENRY WARD
No. 1308
PARNELL, DAVID R.
Nos. 1286, 1308.
PHILLIPS, CHARLES W.
Nos. 1286, 1308, 1322.
PICKLER, MRS. JANET
Nos. 1289, 1308.
PLYLER, AARON W.
Nos. 1285, 1286, 1321.
PRESTWOOD, RALPH
Nos. 1286, 1289, 1308.
PUGH, J. T.
No. 1286.
QUINN, DWIGHT W.
Nos. 1286, 1289.
RAMSEY, LISTON B.
Nos. 1286, 1289, 1291, 1293, 1299, 1303, 1304, 1308, 1321.
RAY, HECTOR
Nos. 1286, 1289, 1293, 1308.
REVELLE, J. GUY, SR.
Nos. 1289, 1308, 1325.
RHODES, S. THOMAS
Nos. 1286, 1312.
ROGERS, BOBBY W.
Nos. 1286, 1308.
APPENDIX 89
ROUNTREE, H. HORTON
Nos. 1286, 1308, 1321.
SANDLIN, HUGH C.
Nos. 1286, 1289, 1308, 1321.
SAWYER, THOMAS B.
Nos. 1286, 1289, 1306, 1308, 1315, 1322.
SCHWARTZ, B. D.
Nos. 1286, 1289, 1292, 1293, 1308.
SETZER, FRANCES E.
Nos. 1286, 1296.
SHORT, W. M.
No. 1286.
SMITH, NED R.
Nos. 1304, 1306, 1308, 1313, 1326.
SMITH, A. NEAL
Nos. 1289, 1291, 1324.
SMITH, WADE
Nos. 1289, 1304, 1308, 1313, 1316, 1321.
SOLES, R. C, JR.
Nos. 1289, 1308.
SPOON, ROY
Nos. 1289, 1308, 1312, 1324.
STEVENS, JOHN S.
No. 1342.
STEWART, CARL
Nos. 1286, 1289, 1308, 1321.
TALLY, LURA
Nos. 1289, 1308, 1313.
TENNILLE, MARGARET
Nos. 1289, 1,304, 1308, 1326.
THOMAS, BETTY DORTON
Nos. 1289, 1308.
TISON, BEN
Nos. 1289, 1294, 1308.
VARNER, JOHN
Nos. 1286, 1289, 1308, 1322.
WARD, ALLEN C.
Nos. 1286, 1308, 1331.
90 APPENDIX
WATKINS, WILLIAM T.
Nos. 1286, 1289, 1308.
WEBB, CHARLIE
Nos. 1286, 1313, 1322.
WHITE, W. STANFORD
Nos. 1286, 1308.
WISEMAN, MYRTLE E.
Nos. 1289, 1308.
WOODARD, BARNEY PAUL
Nos. 1286, 1289, 1293, 1308.
WRIGHT, RICHARD
No. 1289.
ADDENDUM
It will be noted that a number of bills and resolutions passed second
reading and then were read a third time on the same day.
Rule 41(b) states:
No bill shall be read more than once in the same day, without the con-
currence of two-thirds (%) of the members present and voting.
In order to comply with this Rule, no bill which had passed its second
reading is read a third time except:
(1) When a member moves that the Rule be suspended, and this motion
carries by at least a two-thirds vote of the members present.
(2) When the Chair determines that there is no objection from any member
present. This constitutes unanimous consent of those members present
that Rule 41(b) be suspended.
In these cases, the bill is read a third time.
Grace A. Collins
Principal Clerk
APPENDIX
91
APPOINTMENTS MADE BY SPEAKER OF THE
HOUSE OF REPRESENTATIVES
JAMES C. GREEN— 1975-1976
Appointed
Term
1. ADVISORY BUDGET COMMISSION
— G. S. 143-4
Rep. Liston B. Ramsey
2/24/75
Not specified
Rep. Jimmy L. Love
2/24/75
Not specified
Rep. William T. Watkins
2/24/75
Not specified
Rep. Sam D. Bundy
2/24/75
Not specified
2. AGING, COUNCIL ON —
G. S. 143B-181
Rep. Leo Heer
5/28/75
6/30/76
(Reappointed)
7/1/76
6/30/80
Mrs. Lila C. Melvin
5/28/75
6/30/78
3. ARCHAELOGICAL ADVISORY
COMMITTEE — G. S. 143B-66
Rep. Richard Wright
8/25/75
Four years
4. AREA INMATE LABOR
COMMISSION — SB 605
Rev. J. Edwin Wayland
1/15/76
Four years
Mr. Kyle Grasty
1/15/76
Four years
Ferd Harrison
1/15/76
Four years
Mrs. Mary Faye Shires
1/15/76
Four years
I. Murchison Biggs
1/15/76
Four years
Joe Pell
1/15/76
Four years
5. CAPITAL BUILDING AUTHORITY—
G. S. 129-40
Rep. William A. Creech
9/3/75
Two years
6. CAPITAL PLANNING COMMISSION
— G. S. 129-31
Rep. Roberts H. Jernigan, Jr.
8/25/75
Two years
Rep. Wade M. Smith
8/25/75
Two years
Rep. Thomas B. Sawyer
8/25/75
Two years
Rep. James Edwards
12/1/75
Two years
(appointed to fill the unexpired
term of Rep. Art Thomas)
7. CHILDREN WITH SPECIAL NEEDS,
COMMISSION ON — G. S. 120-58
Rep. Benjamin D. Schwartz 7/21/75
Rep. Clyde Auman 7/21/75
Rep. Vernon G. James 7/21/75
Until successor
appointed
Until successor
appointed
Until successor
appointed
92
APPENDIX
8. CHILDREN AND YOUTH COUNCIL,
GOVERNOR'S ADVOCACY —
G. S. 143B-187
Rep. Patricia Hunt
Rep. Lura S. Tally
9. COMPUTER CENTERS (STUDY
FEASIBILITY OF STATE-
OPERATED COMPUTER CENTERS
FOR COUNTY & CITY
GOVERNMENTS) — HJR 338
Appointed
8/4/75
8/4/75
Term
Two years
Two years
Rep. W. Craig Lawing
8/5/75
Not specified
10. CRIME STUDY COMMISSION —
G. S. 143-521
Rep. Ben Tison
8/26/75
Two years
Perry Martin
8/26/75
Two years
Rep. E. Graham Bell
8/26/75
Two years
11. CRIMINAL JUSTICE EDUCATON
AND TRAINING COUNCIL — SB 534
Rep. R. C. Soles, Jr. 8/27/75 One year
12. DISCIPLINARY HEARING
COMMISSION — G. S. 84-28.1
Phillip I. Ellen 7/24/75 One year
13. DRUG COMMISSION, NORTH
CAROLINA — HB 1247
Rep. Chris S. Barker, Jr. 7/18/75 Two years
14. EDUCATION COMMISSION OF THE
STATES — G.S. 115-349
Rep. Jo Graham Foster 8/22/75 Not specified
15. EDUCATIONAL SERVICES FOR
EXCEPTIONAL CHILDREN,
COUNCIL ON — G.S. 115.11.7
Rep. E. Graham Bell
7/1/76
Two years
Rep. Addison Neal Smith
7/1/76
Two years
16. ELECTRONIC VOTING
Rep. Edward S. Holmes
6/3/76
Rep. Robert L. Farmer
6/3/76
Rep. Pat Griffin
6/3/76
17. ENERGY POLICY COUNCIL -
- SB 943
Rep. Jack Gardner
7/16/75
1/31/77
Rep. Charles Holt
7/16/75
1/31/77
18. GENERAL STATUTES
COMMISSION
— G.S. 164-14
Rep. Robert L. Farmer
8/27/75
Two years
APPENDIX
93
Appointed
Term
19. GOVERNMENTAL OPERATIONS,
JOINT LEGISLATIVE COMMISSION
ON — SB 773
Rep. W. Craig Lawing
8/19/75
Two years
Rep. Marilyn Bissell
8/19/75
Two years
Rep. Liston B. Ramsey
8/19/75
Two years
Rep. William T. Watkins
8/19/75
Two years
Rep. John Ed Davenport
8/19/75
Two years
20. BOARD OF GOVERNORS — NORTH
CAROLINA HEALTH CARE EXCESS
LIABILITY FUND — G.S. 58-254.23
Mr. Ralph E. Jennings, Director
Memorial Mission Hospital
Richard G. Roach, Administrator
Betsy Johnson Memorial Hospital
21. HOUSE MOVERS LICENSING
BOARD — G. S. 136-44.30
Frazier Cartret
Emory D. Stephens
(Appointed to serve the unexpired
term of George D. Beam, Jr.)
22. HOUSING FINANCE AGENCY
BOARD OF DIRECTORS —
G. S. 122A-4
Williams E. Arant, Jr.
Rep. W. S. Harris, Jr.
(Reappointed)
Rep. E. Graham Bell
(Reappointed)
A. P. Carlton
23. HUMAN TISSUE DONATION
PROGRAM — G. S. 130-235.2
Rep. Nancy Chase
24. INAUGURAL CEREMONIES
COMMITTEE — HB 1228
Rep. Allen Barbee
Rep. Wade Smith
Rep. William T. Watkins
6/10/76
6/10/76
7/1/75
5/13/76
Four years
Two years
6/30/77
6/30/77
7/18/75
Four years
5/12/75
6/12/76
6/12/76
Two years
5/12/75
6/12/76
6/12/76
Two years
7/1/76
6/30/80
8/28/75
Not specified
7/1/76
Inaugural plan-
ning period
7/1/76
Inaugural plan
ning period
7/1/76
Inaugural plan
ning period
94
APPENDIX
25. INTERSTATE COOPERATION,
COUNCIL ON — G. S. 143-178
Rep. Larry P. Eagles
Rep. W. Craig Lawing
Rep. John S. Stevens
26. JUDICIAL COUNCIL — G. S. 7A-400
Rep. Bobby Wayne Rogers
Rep. H. Parks Helms
Appointed
8/14/75
8/14/75
8/14/75
7/23/75
7/23/75
27. LAND POLICY COUNCIL —
G. S. 113A-153
Rep. Robert A. Jones 7/18/75
28. LEGISLATIVE ETHICS COMMITTEE
SB 147
Rep. LeRoy P. Spoon, Jr. 7/18/75
Rep. Fred S. Hutchins, Jr.
Rep. Robert Z. Falls
Rep. John Ed Davenport
Rep. Robert A. Jones
29. LEGISLATIVE RESEARCH
COMMISSION — HB 296
Rep. Glenn A. Morris
Rep. Liston B. Ramsey
Rep. Hector E. Ray
Rep. J. Guy Revelle, Sr.
Rep. Thomas B. Sawyer
7/18/75
7/18/75
7/18/75
1/5/76
8/4/75
8/4/75
8/4/75
8/4/75
8/4/75
Term
Two years
Two years
Two years
Two years
Two years
Not specified
Until expira-
tion of General
Assembly terms
Until expira-
tion of General
Assembly terms
Until expira-
tion of General
Assembly terms
Until expira-
tion of General
Assembly terms
Until expira-
tion of General
Assembly terms
Until 1977
Session
Until 1977
Session
Until 1977
Session
Until 1977
Session
Until 1977
Session
APPENDIX
95
30. LEGISLATIVE SERVICES
COMMISSION — G. S. 120-31
Rep. W. Craig Lawing
Rep. Robert Z. Falls
Rep. William T. Watkins
Rep. Claude DeBruhl
Rep. Liston B. Ramsey
Rep. John Ed Davenport
31. MENTAL HEALTH CARE STUDY
COMMISSION — SB 508
Rep. Chris S. Barker, Jr.
Rep. Robie L. Nash
Rep. Nancy Chase
32. MILK COMMISSION
F. Rockwell Poisson
Russell Davenport
G. S. 106-266.7
Appointed
Jan. 1975
Oct. 1975
Jan. 1975
Jan. 1975
Jan. 1975
6/9/76
8/15/75
8/15/75
8/15/75
4/22/75
4/22/75
33. MOTOR VEHICLE DEALERS'
ADVISORY BOARD — G. S. 20-305.4
David K. Clark
Roy Mashburn
Carl L. Stewart
(Reappointed)
34. PROFESSIONAL LIABILITY
INSURANCE STUDY COMMISSION
— G. S. 623 (HB567)
Rep. Benjamin D. Schwartz
Rep. Ernest B. Messer
Rep. Thomas B. Sawyer
Rep. John R. Gamble, Jr.
8/20/75
8/20/75
10/3/75
.7/1/76
Term
Until successor
appointed
Until successir
appointed
Until successor
appointed
Until successor
appointed
Until successor
appointed
Until successor
appointed
7/1/77
7/1/77
7/1/77
6/30/78
6/30/79
Three years
Three years
6/30/76
Three years
9/23/75
Until
termination
Commission
9/23/75
Until
termination
Commission
9/23/75
Until
termination
Commission
9/23/75
Until
termination
Commission
of
of
of
of
APPENDIX
Appointed
Term
34. PROFESSIONAL LIABILITY
INSURANCE STUDY COMMISSION
— G. S. 623 (HB 567) (Continued)
Robert R. Martin
Bernard H. Parker
35. PROPERTY TAX COMMISSION —
G. S. 143B-223
C. Don Langston
36. PROPERTY TAX SYSTEM STUDY
COMMISSION — HJR 1074
Rep. J. Worth Gentry
Rep. Robert A. Jones
Harold Long
Roy Stewart
Rep. W. Stanford White
David Drummond
Dr. W. E. Robbins
37. PUBLIC SCHOOL ADMINISTRATION
STUDY COMMISSION — G.S. 875
Rep. E. Graham Bell
Rep. George Cullipher
Rep. Thomas B. Hunter
Howard Manning, Sr.
Rep. Mary C. Nesbitt
Dr. Jerry Paschal, Supt.
Dean B. Westmoreland
38. RETIREMENT SYSTEM'S BOARD
OF TRUSTEES — G. S. 135-6
Rep. Claude DeBruhl
39. SCHOOL LAWS RECODIFICATION
COMMISSION — SB 533
Rep. Wilda H. Hurst
Rep. Ned R. Smith
Rep. A. Hartwell Campbell
40. SMALL BUSINESS STUDY
COMMISSION — SJR 575
Paul Morgan
L. D. Jones
9/23/75
Until
termination of
Commission
9/23/75
Until
termination of
Commission
9/29/75
Four years
11/13/75
Not specified
11/4/75
Not specified
11/4/75
Not specified
11/4/75
Not specified
11/13/75
Not specified
11/10/75
Not specified
11/13/75
Not specified
9/5/75
Not specified
9/5/75
Not specified
9/5/75
Not specified
9/5/75
Not specified
9/5/75
Not specified
9/5/75
Not specified
9/5/75
Not specified
1/28/75
8/11/75
12/1/75
8/11/75
1/29/76
2/25/76
1/11/77
Not specified
Not specified
Not specified
2/1/77
2/1/77
APPENDIX
97
Appointed
Term
41. SOLID WASTE RECYCLING,
ADVISORY COUNCIL ON —
G. S. 130-166.35
Rep. Charles Holt
Lee Carey
Charles F. Green
Robert S. Hopson
Humbert H. Rand
42. SOUTHERN GROWTH POLICIES
BOARD — G.S. 143-492
Rep. Ronald Earl Mason
43. STATE PORTS AUTHORITY —
G. S. 143-216
Rep. Allen C. Barbee
44. TAX STUDY COMMISSION —
G. S. 143-433
Cameron H. Easton
Sneed High
Rep. W. Stanford White
45. TECHNICAL ADVISORY
COMMITTEE ON DELINQUENCY
PREVENTION AND YOUTH
SERVICES — G. S. 143B-207
Rep. William A. Creech
Rep. Lura S. Tally
46. TRAFFIC SAFETY AUTHORITY —
G. S. 143-392
Rep. Ruth E. Cook
47. UTILITY REVIEW COMMITTEE —
SJR 549
Rep. Thomas J. Baker
Rep. J. P. Huskins
Rep. George W. Miller, Jr.
48. YOUTH SERVICES, COMMISSION
ON — HB 750 (Ratified Chapter 742)
G. S. 134-4
Rep. Joy J. Johnson
Rep. Margaret Tennille
8/21/75
8/21/75
8/21/75
8/21/75
8/21/75
Not specified
Not specified
Not specified
Not specified
Not specified
2/24/75
Not specified
7/1/75
Two years
10/3/75
10/3/75
10/3/75
Two years
Two years
Two years
8/19/75
8/19/75
8/18/75
7/15/75
7/15/75
7/15/75
7/22/75
7/22/75
Two years
Two years
Not specified
Five years
Five years
Five years
Four years
Six years
INDEX
GENERAL ASSEMBLY
1976
INDEX GUIDE
Following- each bill title, the last action or present status of said bill is in-
dicated. For example, a bill postponed indefinitely will be denoted "P.P.I. ",
or a bill ratified will be followed by its chapter number in the Session Laws.
If the bill remains in committee, the name of the committee is so noted. If
the bill has passed the House and been sent to the Senate, this is indicated
by the word "Senate". If the bill was filed with the Clerk but did not re-
ceive its first reading, it is denoted as filed, not read.
Grace Collins
101
NUMERICAL INDEX
BILLS/ RESOLUTIONS Page NoS'
H 425 NO FAULT AUTO INSURANCE (P.P.I.) 64-
H 1285 THOMAS, ART, RESOLUTION AUTHORIZED
(RES. 124) 17' }8' ' ,
H 1286 THOMAS, ART, MEMORIALIZING (RES. 127) .... 17, 71, 75.
H 1287 FIRE TAX LEVY BILL AUTHORIZED
(RES. 126) 17,18,54,60,74.
H 1288 FIRE TAX FUNDS FOR RESCUE, AMBULANCE
(SENATE) 17' 75'
H 1289 MALPRACTICE BILLS AUTHORZED
(RES. 122) 17, 18, 20, 22, 23, 24, 25.
H 1290 OPERATING, CAPITAL BUDGET CHANGES
(P.P.L) (ID. S 954) 21, 73, 74.
H 1291 WITHHOLDING TAX PAID MONTHLY
(CH 979) 21, 22, 44, 45, 48, 58, 72.
H 1292 UNC MEDICAL SELF INSURANCE
(CH. 976) 21, 25, 28, 31, 32, 36, 44.
H 1293 MALPRACTICE LAW REVISIONS (CH. 977)
(Id. S 956) 21, 26, 28, 32, 37, 38, 39, 40, 41, 53, 54, 61.
H 1294 MECKLENBURG BINGO BILL (P.P.I.) 21, 22, 54.
H 1295 UTILITIES NOMINATIONS AUTHORIZED
(P.P.I.) (ID. S 955) 24, 25, 26, 28.
H 1296 CONOVER CHARTER BILL AUTHORIZED (RULES) .... 27.
H 1297 STATE PUBLICATION DISTRIBUTION BILL (P.P.I.) . . 27, 34.
H 1298 STATE PUBLICATION DISTRIBUTION
(FILED, NOT READ) 27-
H 1299 COURT COSTS INCREASE (CH. 980) . . 29, 30, 45, 48, 58, 72.
H 1300 POLK SUBDIVISION BILL AUTHORIZED
(SENATE) 29> 30> 54> 60-
H 1301 POLK SUBDIVISION CONTROL AMENDED
(FILED, NOT READ) 29-
H 1302 CONOVER CHARTER REVISION (FILED, NOT READ) . . 29.
H 1303 SECRETARY OF STATE AGENT FOR SERVICE FEE
(CH. 981) 29, 30, 45, 49, 59, 72.
H 1304 DAY CARE BILLS AUTHORIZED
(SENATE) 29, 30, 34, 47, 52, 53.
H 1305 DAY CARE COVERAGE, INJUNCTIONS
(FILED, NOT READ) 29-
H 1306 TEACHERS 16 PERCENT RAISE FUNDS
(APPROPRIATIONS) : • 30> 31-
H 1307 UTILITIES CONFIRMATION SESSION
(RES. 125) (ID. S 964) 30, 31, 34, 44, 48.
H 1308 AUTO REINSURANCE BILL AUTHORIZED
(SENATE) 34, 35, 44.
H 1309 AUTO REINSURANCE AMENDMENTS
(FILED, NOT READ) 35-
H 1310 SALES TAX OFF MEALS FOR ELDERLY
(CH. 982) 35, 36, 45, 49, 59, 72.
102 INDEX
H 1311 MALPRACTICE EXCESS LIABILITY FUND
(P.P.I.) (Id. S 959) 35, 36, 64.
H 1312 TEACHER, EMPLOYEE 10 PERCENT RAISE
(APPROPRIATIONS) 35, 36.
H 1313 CORPORATION DECLARE ESTIMATED TAX
(FINANCE) 35, 36.
H 1314 DURHAM SCHOOL VOTE BILL AUTHORIZED
(SENATE) 42, 43, 54, 60.
H 1315 TEACHERS EMPLOYEES $1,700 RAISE
(APPROPRIATIONS) . 42, 43.
H 1316 RALEIGH LAND SALE BILL AUTHORIZED
(SENATE) 42, 43, 54, 60.
H 1317 RALEIGH REDEVELOPMENT LAND SALE
(FILED, NOT READ) 42
H 1318 DURHAM SCHOOL BOARD ELECTION
(FILED NOT READ) 42.
H 1319 YADKIN COMMISSIONER VOTE BILL AUTHORIZED
(SENATE) 43, 44.
H 1320 YADKIN COUNTY COMMISSIONER ELECTION
(FILED, NOT READ) 43.
H 1321 CRIMINAL PROCEDURE BILL AUTHORIZED
(SENATE) 46, 47, 53.
H 1322 UTILITY COMMISSIONER VOTE BILL AUTHORIZED
(Unfav.) 46, 47, 55
H 1323 UTILITIES COMMISSIONERS ELECTED
(FILED, NOT READ) 47.
H 1324 CIGARETTE TAX INCREASE (FINANCE) 47!
H 1325 BEER WHOLESALER DISCOUNT DECREASED
(FINANCE) 55, 57.
H 1326 ELDERLY TAX EXEMPTION BILL AUTHORIZED
(RULES) 55, 57, 63.
H 1327 ELDERLY PROPERTY TAX EXEMPTION
(FILED, NOT READ) 56.
RDU AIRPORT BILL AUTHORIZED (RULES) 56, 57.
RDU AIRPORT AUTHORITY PAY (FILED, NOT READ) .. 56.
DAY CARE PRIVILEGE LICENSE TAX (FINANCE) . . 56, 57.
NAVASSA BILL AUTHORIZED (SENATE) 56, 57, 60.
CRIMINAL PROCEDURE CHANGES
(FILED, NOT READ) 56.
NAVASSA INCORPORATION (FILED, NOT READ) 56.
INHERITANCE TAX WHEN WAR DEATH
(FINANCE) 56, 57.
H 1335 ASHE AMBULANCE FEE BILL AUTHORIZED
(SENATE) 62, 63.
H 1336 ASHE AMBULANCE FEE COLLECTIONS
(FILED, NOT READ) 63
H 1337 MINIMUM WAGE BILL AUTHORIZED (FINANCE). ..." 63.
H 1338 MINIMUM WAGE RAISED (FILED, NOT READ) 63
H 1339 RAYMOND FLOYD HONORED (RULES) 70 72
H
1328
H
1329
H
1330
H
1331
H
1332
H
1333
H
1334
INDEX 103
H 1340 EMPLOYEE LIMIT BILL AUTHORIZED (RULES) ... 71, 72.
H 1341 STATE EMPLOYEES INCREASE LIMITED
(FILED, NOT READ) 71.
H 1342 ADJOURNMENT SINE DIE RESOLUTION
(RES. 128) 74> 75-
S 954 OPERATING, CAPITAL BUDGET CHANGES
(CH. 983) (Id. H 1290) 74.
S 955 UTILITIES NOMINATIONS AUTHORIZED
(RES. 123) (Id. H 1295) 24, 25, 26, 27.
S 956 MALPRACTICE LAW REVISION (P.P.I.) (Id. H 1293) . . 41, 64.
S 959 MALPRACTICE EXCESS LIABILITY FUND
(CH. 978) (Id. H 1311) 41, 45, 50, 51, 52, 57, 58, 61, 64.
S 960 LEGISLATIVE PER DIEM BILL AUTHORIZED
(P.P.I.) 33, 55.
S 964 UTILITIES CONFIRMATION SESSION
(Unfav.) (Id. H 1307) 41, 55.
104
ALPHABETICAL INDEX
—A—
ADMINISTRATIVE PROCEDURE
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
AGRICULTURE
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
ALCOHOLIC BEVERAGE — See LIQUOR REGULATION
APPOINTMENTS — See APPENDIX
APPROPRIATIONS
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
TEACHER, EMPLOYEE 10 PERCENT RAISE
(H 1312) ( Approp.) 35, 36.
TEACHER, EMPLOYEES $1,700 RAISE
(H 1315) (Approp.) 42, 43.
TEACHER, 16 PERCENT RAISE FUNDS
(H 1306) (Approp.) 30, 31.
ASHE COUNTY
AMBULANCE FEE BILL AUTHORIZED
(H 1335) (Senate) 62, 63.
AMBULANCE FEE COLLECTIONS (II 1336) (Filed, not read) .. 63.
— B—
BOYCE, THE HONORABLE JOHN, MAYOR OF GUILDFORD, ENGLAND
PRESENTS RESOLUTION 33.
BRUNSWICK COUNTY
NAVASSA BILL AUTHORIZED (H 1331) (Senate) .... 56, 57, 60.
NAVASSA INCORPORATION (H 1333) (Filed, not read) 56.
BUDGET
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
BUNCOMBE COUNTY
FIRE TAX FUNDS FOR RESCUE, AMBULANCE
(H 1288) (Senate) 17, 75.
FIRE TAX LEVY BILL AUTHORIZED
(H 1287) (Res. 126) 17, 18, 54, 60, 74.
— C—
CATAWBA COUNTY
CONOVER CHARTER BILL AUTHORIZED (H 1296) (Rules) .. 27.
CONOVER CHARTER REVISION (Filed, not read) 29.
INDEX 105
CHILD WELFARE
DAY CARE BILLS AUTHORIZED
(H 1304) (Senate) 29, 30, 34, 47, 52, 53.
DAY CARE COVERAGE, INJUNCTIONS
(R 1305) (Filed, not read) 29-
DAY CARE PRIVILEGE LICENSE TAX
(H 1330) (FINANCE) 56' 57<
CIVIL PROCEDURE
MALPRACTICE BILLS AUTHORIZED
(H 1289) (Res. 122) 17, 18, 20, 22, 23, 24, 25.
MALPRACTICE LAW REVISIONS
H 1293 (Ch. 977) (Id. S 956) 21, 26, 28, 32, 37, 38,
39, 40, 41, 53, 54, 61.
S 956 (Id. H 1293) 41» 64-
COMMUNITY COLLEGES
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74-
TEACHER, EMPLOYEE 10 PERCENT RAISE
(H 1312) (Approp.) 35> 36-
TEACHERS, EMPLOYEES $1,700 RAISE
(H 1315) (Approp.) 42> 43-
TEACHERS 16 PERCENT RAISE FUNDS
(H 1306) (Approp.) 30, 31.
CONFEDERATE HOMES
OPERATING, CAPITAL BUDGET CHANGES
(H 1290) (P.P.I.) 21, 73> 74-
CONFERENCE REPORT
MALPRACTICE EXCESS LIABILITY FUND (S 959) 61.
CONSTITUTION
UTILITY COMMISSION VOTE BILL AUTHORIZED
(H 1322) (Unfav.) 46, 4?, 55.
UTILITIES COMMISSIONERS ELECTED
(H 1323) (Filed, not read) 47-
CORPORATIONS
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
SECRETARY OF STATE AGENT FOR SERVICE FEE
(H 1303) (Ch. 981) 29, 30, 45, 49, 59, 72.
COURTS — See JUDICIAL DEPT.
CRIMINAL PROCEDURE
CRIMINAL PROCEDURE BILL AUTHORIZED
(H 1321) (Senate) 46, 47, 53.
CRIMINAL PROCEDURE CHANGES
(H 1332) (Filed, not read) 56.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
106 INDEX
— D—
DAY CARE
DAY CARE BILLS AUTHORIZED
(H 1304) (Senate) 29, 30, 34, 47, 52, 53.
DAY CARE COVERAGE, INJUNCTIONS
(H 1305) (Filed, not read) 29.
DAY CARE PRIVILEGE LICENSE TAX
(H 1330) (Finance) 56 57
DUNCAN, CONRAD RILEY
COMMITTEES: Highway Safety, Judiciary No. 3, Professional Law
Enforcement Personnel and Practice, Appropriations, Courts and
Judicial Districts, Mental Health, University Board of Governor's
Nominating Committee.
OATH 13
DURHAM COUNTY
SCHOOL BILL AUTHORIZED (H 1314) (Senate) .... 42, 43, 54, 60.
SCHOOL BOARD ELECTION (H 1318) (Filed, not read) 42.
RDU AIRPORT BILL AUTHORIZED (H 1328) (Rules) 56, 57.
RDU AIRPORT PAY (H 1329) (Filed, not read) 56.
t?
EDUCATION
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
TEACHER, EMPLOYEE 10 PERCENT RAISE
(H 1312) (Approp.) 35> 36.
TEACHERS, EMPLOYEES $1,700 RAISE
(H 1315) (Approp.) 42, 43
TEACHERS 16 PERCENT RAISE FUNDS
(H 1306) (Approp.) 30, 31.
EDWARDS, JAMES H.
COMMITTEE APPOINTMENT 16
ELDERLY
PROPERTY TAX EXEMPTION AUTHORIZED
(H 1326) (Rules) 55, 57, 63.
PROPERTY TAX EXEMPTION (H 1327) (Filed, not read) .... 56.
SALES TAX OFF MEALS FOR ELDERLY
(H 1310) (Ch. 982) 35, 36, 45, 49, 59, 72.
ELLIS, T. W., JR.
COMMITTEE APPOINTMENT 15
EURE, THAD
ADMINISTERS OATHS 13 19
EVIDENCE
MALPRACTICE BILLS AUTHORIZED
H 1289 (Res. 122) 17, 18, 20, 22, 23, 24, 25.
MALPRACTICE EXCESS LIABILITY FUND
H 1311 (P.P.I.) (Id. S 959) 35, 36, 64.
S 959 (Ch. 978) (Id. H 1311) . . 41, 45, 50, 51, 52, 57, 58, 61, 64.
INDEX 107
EVIDENCE — Cont'd.
MALPRACTICE LAW REVISIONS
H 1293 (Ch. 977) (Id. S 956) 21, 26, 28, 32, 37, 38,
39, 40, 41, 53, 54, 61.
S 956 (P.P.L) (Id. H 1293) 41, 64.
EXECUTIVE REORGANIZATION
OPERATING, CAPITAL BUDGET CHANGES
(H 1290) (P.P.L) 21, 73, 74.
— F—
FIRE PROTECTION
FIRE TAX LEVY BILL AUTHORIZED
(H 1287) (Res. 126) 17, 18, 54, 60, 74.
FIRE TAX FUNDS FOR RESCUE, AMBULANCES —
BUNCOMBE COUNTY (H 1288) (Senate) 17, 75.
FLOYD, RAYMOND, HONORED (H 1339) (Rules) 70, 72.
FRYE, HENRY E.
POEM HONORING ART THOMAS 71.
— G—
GAMBLE, JOHN R., JR.
CONFEREE: SB 959
GENERAL ASSEMBLY
ADJOURNMENT SINE DIE RESOLUTION
(H 1342) (Res. 128) 74, 75.
LEGISLATIVE PER DIEM BILL AUTHORIZED
(S 960) (P.P.L) 33,55.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.L) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
UTILITIES CONFIRMATION SESSION
H 1307 (Res. 125) (Id. S 964) 30, 31, 34, 44, 48.
S 964 (Unfav.) (Id. H 1307) 41, 55.
GOVERNOR
LETTER REGARDING UTILITIES COMMISSION
APPOINTEES 66.
GREEN, JAMES C.
REMARKS 75.
— H—
HEALTH — See PUBLIC HEALTH
HIGHER EDUCATION
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.L) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
TEACHER, EMPLOYEE 10 PERCENT RAISE
(H 1312) (Approp.) 35, 36.
TEACHER, EMPLOYEES $1,700 RAISE
(H 1315) (Approp.) 42, 43.
108 INDEX
HIGHER EDUCATION — Cont'd.
TEACHERS 16 PERCENT RAISE FUNDS
(H 1306) (Approp.) 30, 31.
UNC MEDICAL SELF INSURANCE
(H 1292) (Ch. 976) 21, 25, 28, 31, 32, 36, 44.
HIGHTOWER, FOYLE, JR.
CONFEREE: SB 959
HOLSHOUSER, JAMES E., JR.
LETTER REGARDING UTILITIES COMMISSION
APPOINTEES 66.
HOLT, BERTHA MERRILL
COMMITTEES: Employment Security, Finance, Judiciary No. 2, Local
Government No. 1, Public Utilities, State Personnel.
OATH 14.
HOSPITALS
MALPRACTICE EXCESS LIABILITY FUND
H 1311 (P.P.I.) (Id. S 959) 35, 36, 64.
S 959 (Ch. 978) (Id. H 1311) . . 41, 45, 50, 51, 52, 57, 58, 61, 64.
HOUSE MOVERS LICENSING BOARD APPOINTMENT 62.
HUNT, JAMES B., JR.
PRESIDING AT JOINT SESSION 65.
HUNTER, THOMAS B.
SUBMITS REPORT OF COMMITTEE ON RESEARCH AND
DEVELOPMENT IN PUBLIC EDUCATION IN
NORTH CAROLINA 27.
— I—
INCOMPETENTS
MALPRACTICE LAW REVISIONS
H 1293 (Ch. 977) (Id. S 956) 21, 26, 28, 32, 37, 38,
39, 40, 41, 53, 54, 61.
S 956 (P.P.I.) (Id. H 1293) 41, 64.
INSURANCE
AUTO REINSURANCE AUTHORIZED
(H 1308) (Senate) 34, 35, 44.
AUTO REINSURANCE AMENDMENTS
(H 1309) (Filed, not read) .35.
MALPRACTICE BILLS AUTHORIZED
(H 1289) (Res. 122) 17, 18, 20, 22, 23, 24, 25.
MALPRACTICE EXCESS LIABILITY FUND
H 1311 (P.P.I.) (Id. S 959) 35, 36, 64.
S 959 (Ch. 978) (Id. H 1311) .. 41, 45, 50, 51, 52, 57, 58, 61, 64.
MALPRACTICE LAW REVISIONS
H 1293 (Ch. 977) (Id. S 956) 21, 26, 28, 32, 37, 38,
39, 40, 41, 53, 54, 61.
S 956 (P.P.I.) (Id. H 1293) 41, 64.
NO-FAULT AUTO INSURANCE (H 425) (P.P.I.) 64.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
INDEX 109
INSURANCE — Cont'd.
UNC MEDICAL SELF INSURANCE
(H 1292) (Ch. 976) 21, 25, 28, 31, 32, 36, 44.
— J—
JOINT SESSION
CONFIRMATION OF APPOINTMENTS TO UTILITIES
COMMISSION 65-
JUDICIAL DEPARTMENT
COURT COSTS INCREASE
(H 1299) (Ch. 980) 29, 30, 45, 48, 58, 72.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
TEACHER, EMPLOYEE 10 PERCENT RAISE
(H 1312) (Approp.) 35> 36-
JUSTICE DEPARTMENT
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74-
LABOR DEPARTMENT
MINIMUM WAGE BILL AUTHORIZED (H 1337) (Finance) 63.
MINIMUM WAGE RAISED (H 1338) (Filed, not read) 63.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
LANE, ARCHIE T., SR.
LETTER OF RESIGNATION 19.
LEGISLATIVE PER DIEM BILL AUTHORIZED
(S 960) (P.P.I.) 33> 55-
LIEUTENANT GOVERNOR
Presiding at Joint Session 65.
LILLY, DANIEL T.
CONFEREE: SB 959
LIQUOR REGULATION
BEER WHOLESALER DISCOUNT DECREASED
(H 1325) (Finance) 55, 57.
LOCAL BILLS — See SPECIFIC COUNTIES
LUTZ, MRS. EDITH
COMMITTEES: Base Budget, Commissions and Institutions for Blind
and Deaf, Manufacturers and Labor, Public Libraries, Highway
Safety, Military and Veterans' Affairs, Wildlife.
OATH 13-
— M—
MALPRACTICE
MALPRACTICE BILLS AUTHORIZED
(1289) (Res. 122) 17, 18, 20, 22, 23, 24, 25.
HO INDEX
MALPRACTICE — Cont'd.
MALPRACTICE EXCESS LIABILITY FUND
H 1311 (P.P.I.) (Id. S 959) 35, 36, 64.
S 959 (Ch. 978) (Id. H 1311) .. 41, 45, 50, 51, 52, 57, 58, 61, 64.
MALPRACTICE LAW REVISIONS
H 1293 (Ch. 977) (Id. S 956) 21, 26, 28, 32, 37, 38,
39, 40, 41, 53, 54, 61.
S 956 (P.P.I.) (Id. H 1293) 41, 64.
UNC MEDICAL SELF INSURANCE
(H 1292) (Ch. 976) 21, 25, 28, 31, 32, 36, 36, 44.
MECKLENBURG COUNTY
MECKLENBURG BINGO BILL AUTHORIZED
(H 1294) (P.P.I.) 21, 22, 54.
MEDICAL
MALPRACTICE BILLS AUTHORIZED
(H 1289) (Res. 122) 17, 18, 20, 22, 23, 24, 25.
MALPRACTICE EXCESS LIABILITY FUND
H 1311 (P.P.I.) (Id. S 959) 35, 36, 64.
S 959 (Ch. 978) (Id. H 1311) . . 41, 45, 50, 51, 52, 57, 58, 61, 64.
MALPRACTICE LAW REVISIONS
H 1293 (Ch. 977) (Id. S 956) 21, 26, 28, 32, 37, 38,
39, 40, 41, 53, 54, 61.
S 956 (Id. H 1293) 41, 64.
UNC MEDICAL SELF INSURANCE
(H 1292) (Ch. 976) 21, 25, 28, 31, 32, 36, 44.
MINIMUM WAGE
MINIMUM WAGE BILL AUTHORIZED (H 1337) (Finance) .... 63.
MINIMUM WAGE RAISED (H 1338) (Filed, not read) 63.
MOTORBOATS
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
MOTOR VEHICLES
NO-FAULT AUTO INSURANCE (H 425) (P.P.I.) 64.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
— N—
NATURAL & ECONOMIC RESOURCES
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
NON-PROFIT CORPORATION
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
SECRETARY OF STATE AGENT FOR SERVICE FEE
(H 1303) (Ch. 981) 29, 30, 45, 49, 59, 72.
INDEX 111
— P—
PHILLIPS, C. W.
COMMITTEE APPOINTMENT 15.
OFFERS PRAYER 33.
PICKLER, JANET W.
COMMITTEES: Commissions and Institutions for Blind and Deaf,
Courts and Judicial Districts, Judiciary No. 1, Election Laws, Fi-
nance, State Government.
OATH 15.
POLK COUNTY
POLK SUBDIVISION BILL AUTHORIZED
(H 1300) (Senate) 29, 30, 54, 60.
POLK SUBDIVISION CONTROL AMENDED
(H 1301) (Filed, not read) 29.
POLLUTION CONTROL
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
PRESIDENT OF THE SENATE — SEE LIEUTENANT GOVERNOR;
ALSO SEE HUNT, JAMES B., JR.
PUBLIC HEALTH
MALPRACTICE EXCESS LIABILITY FUND
H 1311 (P.P.I.) (Id. S 959) 35, 36, 64.
S 959 (Ch. 978) (Id. H 1311) .. 41, 45, 50, 51, 52, 57, 58, 61, 64.
PUBLIC RECORDS
MALPRACTICE EXCESS LIABILITY FUND
H 1311 (P.P.I.) (Id. S 959) 35, 36, 64.
S 959 (Ch. 978) (Id. H 1311) . . 41, 45, 50, 51, 52, 57, 58, 61, 64.
PUBLIC UTILITIES — SEE UTILITIES
— R—
RDU AIRPORT BILL AUTHORIZED (H 1328) (Rules) 56, 57.
RDU AIRPORT PAY (H 1329) (Filed, not read) 56.
RESOLUTION FROM N. C. FIFTH DISTRICT DEMOCRATIC
CONVENTION READ AND FILED IN OFFICE OF
PRINCIPAL CLERK 62.
RETIREMENT
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) <Id. H 1290) 74.
REVELLE, J. GUY, SR.
COMMITTEE APPOINTMENT 16.
ROADS & HIGHWAYS
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
ROUNTREE, H. HORTON
COMMITTEE APPOINTMENT 16.
112 INDEX
RULES CIVIL PROCEDURE
MALPRACTICE BILLS AUTHORIZED
(H 1289) (Res. 122) 17, 18, 20, 22, 23, 24, 25.
MALPRACTICE LAW REVISIONS
H 1293 (Ch. 977) (Id. S 956) 21, 26, 28, 32, 37,
38, 39, 40, 41, 53, 54, 61.
S 956 (P.P.I.) (Id. H 1293) 41, 64.
— S—
SERGEANT- AT- ARMS
ELECTION 19.
SHORT, W. M.
COMMITTEE APPOINTMENT 16.
SMITH, A. NEAL
COMMITTEE APPOINTMENT 20.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
REMARKS 75.
STATE AGENCIES
EMPLOYEE LIMIT BILL AUTHORIZED (H 1340) Rules) . . 71, 72.
EMPLOYEES INCREASE LIMITED (H 1341) (Filed, not read) . . 71.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
UNC MEDICAL SELF INSURANCE
(H 1292) (Ch. 976) 21, 25, 28, 31, 32, 36, 44.
STATE EMPLOYEES — SEE STATE PERSONNEL
STATE EMPLOYEES' RETIREMENT — SEE RETIREMENT
STATE LANDS
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
STATE OFFICERS
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
STATE PUBLICATIONS DISTRIBUTION AUTHORIZED
(H 1297) (P.P.I.) 27, 34.
STATE PUBLICATIONS DISTRIBUTION
(H 1298) (Filed, not read) 27.
TEACHER, EMPLOYEE 10 PERCENT RAISE
(H 1312) (Approp.) 35, 36.
UNC MEDICAL SELF INSURANCE
(H 1292) (Ch. 976) 21, 25, 28, 31, 32, 36, 44.
STATE PERSONNEL
EMPLOYEE LIMIT BILL AUTHORIZED (H 1340) (Rules) . . 71, 72.
EMPLOYEES INCREASE LIMITED (H 1341) (Filed, not read) . . 71.
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
INDEX 113
STATE PERSONNEL — Con't.
TEACHER, EMPLOYEE 10 PERCENT RAISE
(H 1312) (Approp.) 35, 36.
TEACHERS, EMPLOYEES $1,700 RAISE
(H 1315) (Approp.) 42, 43.
STUDIES
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
— T—
TART, C. GRAHAM
ELECTED SERGEANT- AT- ARMS 19.
OATH 19-
TAXATION
BEER WHOLESALER DISCOUNT DECREASED
(H 1325) (Finance) 55, 57.
CIGARETTE TAX INCREASE (H 1324) (Finance) 47.
CORPORATION DECLARE ESTIMATED TAX
(H 1313) (Finance) 35, 36.
DAY CARE PRIVILEGE LICENSE TAX
(H 1330) (Finance) 56, 57.
ELDERLY TAX EXEMPTION BILL AUTHORIZED
(H 1326) (Rules) 55, 57, 63.
ELDERLY PROPERTY TAX EXEMPTION
(H 1327) (Filed, not read) 56.
INHERITANCE TAX WHEN WAR DEATH
(H 1334) (Finance) 56, 57.
SALES TAX OFF MEALS FOR ELDERLY
(H 1310) (Ch. 982) 35, 36, 45, 49, 59, 72.
WITHHOLDING TAX PAID MONTHLY
(H 1291) (Ch. 979) 21, 22, 44, 45, 48, 58, 72.
TEACHER RETIREMENT— SEE RETIREMENT
THOMAS, ARTHUR W.
ADJOURNMENT IN MEMORY OF 76.
MEMORIALIZING AUTHORIZED (H 1285) (Res. 124) . . 18, 34, 48.
MEMORIALIZING RESOLUTION (H 1286) (Res. 127) .. 17, 71, 75.
POEM HONORING 71.
THOMAS, BETTY DORTON
COMMITTEES: Appropriations, Insurance, Local Government No. 1,
State Personnel, State Properties, Transportation.
OATH 14.
— U—
UNIVERSITIES — SEE HIGHER EDUCATION
UTILITIES
UTILITIES COMMISSION CONFIRMATION
JOINT SESSION 65, 66, 67, 68, 69, 70.
UTILITIES COMMISSION VOTE BILL AUTHORIZED
(H 1322) (Unfav.) 46, 47, 55.
114 INDEX
UTILITIES — Cont'd.
UTILITIES COMMISSIONERS ELECTED
(H 1323) (Filed, not read) 47.
UTILITIES CONFIRMATION SESSION
H 1307 (Res. 125) (Id. S 964) 30, 31, 34, 44, 48.
S 964 (Unfav.) (Id. H 1307) 41, 55.
UTILITIES NOMINATIONS AUTHORIZED
H 1295 (P.P.I.) (Id. S 955) 24, 25, 26, 28.
S 955 (Res. 123) (Id. H 1295) 24, 25, 26, 27.
— W—
WAKE COUNTY
RALEIGH LAND SALE BILL AUTHORIZED
(H 1316) (Senate) 42, 43, 54, 60.
RALEIGH REDEVELOPMENT LAND SALE
(H 1317) (Filed, not read) 42.
RDU AIRPORT BILL AUTHORIZED (H 1328) (Rules) 56, 57.
RDU AIRPORT AUTHORITY PAY (H 1329) (Filed, not read) . . 56.
WARD, ALLEN C.
COMMITTEE APPOINTMENT 15.
MOTION TO RECONSIDER HB 417 52.
WOODARD, BARNEY PAUL
COMMITTEE APPOINTMENT 16.
YADKIN COUNTY
COMMISSIONERS ELECTION BILL AUTHORIZED
(H 1319) (Senate) 43, 44.
COMMISSIONERS ELECTION (H 1320) (Filed, not read) 43.
— Y—
YOUTH SERVICES
OPERATING, CAPITAL BUDGET CHANGES
H 1290 (P.P.I.) (Id. S 954) 21, 73, 74.
S 954 (Ch. 983) (Id. H 1290) 74.
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