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House | May 21, 2015 | Chamber | House Session, Part 1

Full MP3 Audio File

The house will come to order members will take their sits visitor will return from the chamber the surgent at arm will close the doors members and guest are asked to please silent all electronic devices. Members this morning prays will be offered by representative Layer Ipetment again I would ask the members to please stand we ask the guest and other to please stand for the prayers and also I would remain standing for the pledge of the religious representative Pittman. Thank you Mr. Speaker let us pray. Great God of all we thank you again for the privilege of being here, the privilege of living in beauty of your creation and the privilege of representing the people of the state Lord if we really stop and think about the authority that has been placed upon us I seem a little bit intimidated and a little bit scared but Lord we trust in you and we pray that your will be with us to guide us and direct us. Lord today is going to be a hard long day as we consider the matter of the budget today and Lord there are a lot of strong feelings on all sides but we pray you will help us to conduct the coming debate with mutual love and respect even where we disagree. Lord we just pray that whatever each of us desires, what will prevail is what is best in your sight. Lord we lift up those who are suffering in anyway today, and those who are seeking to help them, father we think of things like, disasters in Nepal and other places, tornadoes and things that are happening in our own land and folk who are still trying to recover from those things, and those who are trying to help them, we pray for strength and peace for them all. Lord we lift up representative Hager, his father he has had some difficulties this week with the sales we display God you will touch, and here a [xx] you can do, and look for representative option mother in law well we pray for you to help her. And those are just a couple that I know about Lord but there are many others who are in our hearts and minds today, and we know that you are the great healer we pray that you be with them and bless them. May Lord lead guide and direct us, help us to put our will ahead of all wills through Christ our Lord. Amen. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God. The gentleman from Jade Representative West is recognized for a motion. Thank you Mr. Speaker, I move that the general for May 20 be approved as written. Representative West acting rules Chair for the moment. Moves that the general May 20 the approach is written. Those in favor will say aye, those opposed no, the ayes have it, the journal is approved as written. For what purpose does the gentleman from Onslow Representative Cleveland rise? Point of personal privilege. Yes, the house will come to order. The house will come to order. Conversations will be taken outside. The gentleman from Oslo has referral for point of personal privilege. Thank you Mr. Speaker. I've had numerous these folks asked me how my partner in crime, JH is doing. I spoke with him again last night, he sounded 100% better than he did the day before he's not going to be with us today, he'll possibly be in tomorrow but he is moving along and getting a lot better, Thank you for that update represented Cleveland, I know represented [xx] and everybody's thoughts and prayers today. Members, our nurse of the day is Deborah Parker from Middlesex It's North Carolina, Miss Parker thank you for being with us. Members please join me in welcoming our nurse. There chair has a couple of guest, the chair would like to recognize first of motion of representative [xx]. The Chair is happy actually to extend in the courtesy's of the floor to, Dean Susan Reynolds's who is the Interim Dean of

the White Fall school of law who is also accompanied by Bill Davis, as well Reed Morgan would you all please stand so that we can work together in the house today. Thank you for being with us. Clarification the Bill resolution to call for read the following clock report refers to the following bill duly verify the presentation from the governors, house bill 147 enacted to the membership of the fire and rescue commission to reflect the merge of two organisation to air there presentation from the state chapter of the internal international association alison[sp?] of investigators to qualify the powers of the commission house bill 224 enact to amend various laws affecting the administrative office of the court, house bill 295 enacted to the division of juvenile justice from the department of public safety, and to determine whether it's appropriate to release certain information of liquid juvenile and the following goes [xx] and prepare for presentation to the office of the secretary of state house bill 14 43 enacted amendment to the charter of the city of shallow, to increase the number of members on the civil service board from seven to nine 13 enact to clarify the civil service board, solving things related to the promotion of members of the fire and police department in the city of statefull. Chapter bill be noted Members we've a number of other special guest the chair would like to recognize this time, we've three school groups first of all we've St. Pius Catholic school from Brisbane North Carolina group of students would you all please stand so that we can welcome you with us today. Thank you for being here. Additionally we have a group of students from the Southeastern Academy in Bransoville county, would you also stand so we can welcome you with us today. And finally we have a group of students from the hickory grove baptist christian school with us, would you all please stand so that we can welcome you with us. Thank you for being here. additionally, on behalf of all members of the house, the chair is happy to extend the courtesies to the gallery from the representative's from the apartment association of North Carolina who are here for their legislative advocacy day, would you all please stand so we can welcome you as well, thank you for being with us. measures from the senate the clerk will read. Senate bill 160 enhance safety and commerce support inlets bill is referred on committee on rules calendar and operations of the house. Senate bill 513 North Carolina farm act of 2015. Bill is referred on committee on rules calendar and operations of the house. Member's for your plain purposes back and get the bodies attention, we are going to dispose off this bills that I had mentioned yesterday that are on the calendar unless they appear to be overly controversial the chair believes that this are [xx] non controversial bills and that being said the chair intends to take those up and dispose of those the order of business today will be, I believe that rules chairman give an update on where we stand with it member the chair will go and this chair directs that house bill 97 the 2015 the Appropriations Act be removed from the calendar at this time and referred to the committee on the rules counter operations of the house and so on, but don't worry it will be back the rules committee will be taking up a PCS at some point we are hoping that rules will be able to do this maybe by 11:30 esh whatever that means we know surely, but rules is working on PCS to deal with this amendment that the appropriation chairs and the parties have dealt with, I won't get into that right now but I was given the status where it is the rules committee will take that up as soon as we can then that board be reported out we will then under take to have the budget added back to the calendar for the day to be taken up and move forward not sure exactly what the right time will be between the time that the rules committee retakes that and between when the PCS is ready to go to be presented I've got to say yesterday when the staff had it ready we would normally takes four hours and I believe madam clerk, I would admit it didn't take them very long at all maybe even an hour it was very quick so if the

staff were listening right now, thank you and so we are going to see if we can help them in getting that done again today so but in the inch of the time so we are not just around waiting the Chair does believe is appropriate to take up some of these other bills. That being said we are going to move to the calender house bill house bill 110 the clerk will read. Representative West, house bill 110; a bill to be entire on act to revert for the partisan to election of members of Turnkey Guilford Clay Dayville county board of education and state for the school boys education Johnson North Carolina next. The gentleman from Cheeky Representative West is recognized for a motion. Thank you Mr. Speaker, I move that we do conquer in the scenic committee substitute for House Bill 110 Further discussion, further debate? If no the gentleman from Cheeky moves that the house conquer with the scenic[sp?] committee substitute to House Bill 110 on it's second reading. Those in favor will vote Aye, those opposed will vote No. The clerk will open the vote, the clerk will open the machine to record the vote, 37 having voted in the affirmative and 11 in negative the motion conquers [xx] and the bill is ordered in row[sp?]. House Bill 82 the clerk will read. Actually the clerk will that will be temporary displaced I don't see Representative Stephen on the floor. House bill 237, the clerk will read. Representatives Almore, Holloway and Glazier house bill 237; a bill to the entire of an act to repel personal education plans to modify organization plans, General Assembly of North Carolina annex. The gentleman from Rocks Representative Elmores is recognized for a motion. I make a motion to conquer with the senate amendment. Those are the amendment the clerk will read. Senator Udall just moves to amend the bill on page one last 33 to page two last 3 by re-writing those lines to read. Further discussion, further debate, if not the question before the house is the motion to conquer with senate amendment II to house bill 237. Those in favor will vote aye, those opposed will vote no, the clerk will open the vote. the clerk will lock the machine and record the vote. 108 having voted in the affirmative and none in the negative, the motion to conquer with senate amendment is adopted the bill is ordered and rolled and sent to the governor. House bill 879, the clerk will read Representatives Jordan Glacier McLaviour and Avaro house bill 879 a bill to be entitled to make various exchanges to the juvenile code in regard to this process, protections. The age of juveniles in the licks system and confinements of juveniles. Do you understand what the gentleman from Ash is recognized for a motion. I move that we do concur with the amendment. The clerk will read the amendment. senator Daniel moves to amend the bill on page four lines four through 44 by deleting those lines. Representative Jordan has moved concur with senate amendment one, does the gentleman desire to comment on the matter. For what purpose does the lady from Franklin representative Richardson rise? Thank you Mr. Chairman I would like to change my vote on house bill 110. Have the lady like to be put on house bill 110 .aye.as aye the lady will be recorded as having voted aye on house bill 110. Further discussion further debate if not the question for the house is the motion to concur with senate amendment number one to house bill 879 those in favour will vote aye those oppose will vote no the clerk will open the vote. Clerk will lock the machine and record the vote. 108 having voted in the affirmative and one in the negative the motion to concur with senate amendment number one is adopted the bill is ordered and raw and sent to the governor. Members the remaining two bills on the calender are bills from representative Stevens who is presently in the senate I don't believe the rules committee is ready to admit just yet so the house is simply going to stand at ease just a few moments. One thing we probably ought to go ahead and do if I can get the bodies attention as to pages to all come forward please. This maybe our last

chance to see our pages is there will be leaving earlier today to go back home later today lather to go back home and the pages as you approaching I hope this has been an interesting week we are as you guys are driving home and probably already home and who knows maybe get home in to bed going to sleep tonight, we'll probably still be sitting here on this house floor debating a budget bill today and probably into tomorrow morning frankly. But, on behalf of our colleagues I certainly hope every one of you have had a great time, that you've made friends, that you've learned something and that you've had an opportunity to see your government in action we look forward to seeing you again I would ask my colleagues to please join me in thanking our pages part for their service this week Thank you for being with us please fill free to return to your post the house to stand at this momentarily, the Chair would ask that Rep. Glazier, Richardson, and Waddell please approach the base. The house will come back to order, house bill 82 the clerk will read.   Representatives Stevens, Zachary. Glazier and Jordan for land two, abide the entire [xx] no matter who's the law enforcement officer, may take custody of juvenile, when executing an execute custody the order of the laws pertaining to abuse neglect and dependency general assembly North Carolina enacts, The gentleman from Yarke and Rep. Zachary is recognized for a motion. Thank you Mr. Speaker this bill was changed by the senate to say that rather than also making the decision based on [xx] circumstances since it's the judge will make that decision to authorize a forcible entry, so I would move that the house conquer with the senate committee substitute from house bill 82, the gentleman from Yark moves that the house to conquer with the senate in the committee substitute the house bill 82 further discussion further debate, if not the question before the house is the motion to conquer house bill 82 those in favor will vote aye, those oppose will vote no, the clerk will open the vote, the clerk will lock the machine and record the vote, 109 having voted in the affirmative and none in the negative the motion conquers adopted the bill is ordered enrolled and sent to the Governor, House bill 293 the clerk will read Representative Stevens, house bill 293 a bill to entitled multiple changes under laws pertaining to adoption general assembly North Carolina enacts for what purpose does the gentleman from Yardken represent Zachary? To speak on the The gentleman wish to make motion I make motion that The House concur with the City Committee substitute for house bill 293. Representative Zach will move that the house concur with the senate committee substitute for house bill 293, further discussion further debate if not the question before the House is the motion concursion to house bill 293 those in favor will vote Aye those opposed will vote No the clerk will open the vote. The clerk will lock  machine and recorded, 111 having  voted in the affirmative and none in the native, the motion concur with House 293 is adopted. The Bill is ordered and sent to the governor, members we have two additional school group too with this right now. First we have student from the Kent academy in Charlotte would you all please stand so that we can welcome you with us today? We also have another group of students from the St. I ask carefully would you all stand please so we can welcome you as well Members where we are it appears that we may have the rules chair come confirm with you quickly we are about we've to go into recess and for those who are here watching who are not normally, what we're doing today is the State Budget Act and so the Bill has to go back through of the committee and will be on the house floor today and more than likely the folks you see here sitting on floor will be here all day probably late into the night until some time tomorrow morning so we're kind of have a long day ahead of us here you guys are welcomed to stay with us all day if you'd like and large and participate that is what we have in the store

notices and announcement before we go into ressess for what purpose does the gentleman from Robinson representative rise I wasn't in the chamber and I would like to be recorded as voting green on 293, the gentleman will be recorded members having voted out in house bill 293 for what purpose does the gentleman Camberrin representative Floyd rise. Amendment of personal privilege. The gentleman has the floor to speak a moment of personal privilege Mr speaker my service is up here in the last three times this has been the most unique set of page that I have encountered since I I've been here five or six has some challenging questions and one gentleman I stopped and asked him to sort of get some instruction on tying his necktie and I saw him come back he had it exact way I asked him the way that I asked him to do it and I just wanted to say I'm very pleased with this group of anger thank you so much noted once the chair converse with the rules chairman will have an idea of our schedule here momentarily the gentleman from Honey representative luise is recognized for announcement Mr Speaker members I for a moment if we have everybody's attention please thank you Mr Speaker members committee on rules calendar and operations of House is officially notice for today at noon in room 1228 however I want to tell the members the committee and also members of the party to please watch their emails if for some reason we're going to be delayed 15 minutes or may be a bit more I will let you know as a slight moment of personal privilege I want to thank the members for their incredible pages as they showed as the staff worked some issues yesterday is my intent they will be more prepared to move when we [xx] today so I do give notice that we do meet at noon but I also let you know that if we're not going to be ready to be ready at noon I will sent that to you as well. And members the chair will when we go into recess the House will reconvene at 3 PM this afternoon and to what purpose does the gentleman from Cabarrus representative Pitman rise? For a personal privilege, the gentleman has the floor to speak to a point of personal privilege sir I just would like to answer representative Luis words to say thank you to staff for their patience with us and their endurance and may God help them for what purpose does the gentleman from Durham representative Paul rise? For an announcement Mr speaker the gentleman has the floor for an announcement thank you Mr speaker when we recess before we come back into session at three House democrats will caucus at 2 PM at their schedule holds one thing I want to mention here one big question about amendments to the budget the folks who are head the submit the amendment the chair has asked those those members to retrieve their amendments when they've done so what we will do assuming we come back at three o'clock we'll give members up to two to request amendments at that time if members have already requested amendments of course they've covered they would probably have to be some technical changes made to the amendments which were done because page numbers and so forth would have changed but assuming that we're able to proceed at three then we give folks two hours. And again I want members to understand the reason we had it to go back that far is pure logistical issue in the printting and making sure the copies are available that really is the issue. For what purpose does the gentleman form Wake representative Martin rise? Inquiry of the chair. The gentleman may state his inquiry. Thank you Mr speaker, just a technical question on process if we submitted amendments have copies of them if that potion of the budget hasn't change with the amendments in their current form be adequate put or do we need to go back to staff and request the amendment be re prepared? Just double out representative Martin just double check with staff and make sure it complies certainly if it's, if it matches it matches that mean that will make the most stand, but some things for example and there was member that had amendment about DMVFs and that's one of the things that's going to be changed in the PCS so that's going to even if it's saved the reading a whole section whatever it is doing pages and lines and all that staff maybe changed so just check with staff on that they will take care that for you. For what purpose does the gentleman from Durham Luebke rise? Mr. Speaker juts the follow up. Gentleman is recognized for an enquiry. For amendments that to the best of our knowledge and to the Clerk when they are submitted would only need to have line number scratched out is that sufficient or should we be checking back the staff on every amendment that. I will double check with

staff just to make sure the worse thing is to submit on my start here and I'm going to find out there is a problem have to a profecting amendment, but we are going to have plenty of staff on the floor today and we will give lot of time as needed to make sure there is in order and remember the deadline only has to do with making the request to staff not to that is the issue. Thank you. Yes sir. I understand that the gentleman from Wake representative Pendleton may have an announcement about a bob catter or something so the gentleman from Wake is recognized for an announcement. yes, I wanted to notify you that since you folks have passed a bill to make the Bob care our state care, I have a beautiful [xx] one I've donated to the people of North Carolina, and it's open for your viewing, the speaker has placed it in his entry way and you go by and look at your, if you've never seen a Bob care. Most people haven't because they are very nocturnal. This is a 38 pound care and that's about as big as they get, they're pretty small but the Pumper found the toughest animal on earth, so go by the speakers and check out the state care. Roger [xx] was claiming that the posim was actually bigger than that Bob care I don't know we will have to find out and in few minutes Further notices and announcements? If not, subject to the, just a moment, subject to the receipt of messages from the senate committee reports, re-referral of bills and resolutions and committee appointments, the house will stand in recess until 3 PM. The house is in recess