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Full text of "Journal of the House of Representatives of the General Assembly of the state of North Carolina at its .."

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, 
Hee r , 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' 
m U ^i S ' ^ J oseph 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. 



197 6] 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 following 1 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 



197 6] 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. 



197 6] 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.) 4 6, 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) 4 6, 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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