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House | June 1, 2015 | Chamber | House Session

Full MP3 Audio File

May I have your attention please, visitors please retire from the chamber as the house prepare for the session, thank you. the house come into order and members take there seats, business will come from the chamber, the sergeant at arms will close the doors member and visitors will please silence all electronic devices, these evenings prayer will be offered by representative Faircloth, we'll ask all our members and guest in the gallery to please stand, and to remain standing for the pledge of allegiance, representative Faircloth. Thank you Mr speaker if so desire bow your heads and pray with me, ohh my God creater of all we are gathered here to do the business this governmental house for the people of our great state, it's appropriate that we collectively offer prayer for the member for the entire of this house, for the people of beloved of all states, and for the other many government leaders from all towns who have been chosen to serve over their respective jurisdiction, Lord we are indeed you own, destined to server thee give us wisdom in every decision and help us think clearly grant us discernment and common sense so as to be strong and effective servants to those who sent us here as we strive to develop appropriate and beneficial policy, help us to do so with intergrity and ensure that honest and rational thought keeps us track and our state moving forward, be merciful and keep our spirit filled and motivated by our principles, direct our steps according to your word for our action greatly impact the lives and the loved one's of our citizens back home be our defender and protector, keeps us always God, help all our governmental leaders to be strong and courageous firm and standing in their faith influencing for the orderly and prosperous society we desire here on earth and your kingdom that is to come. Encourage and strengthen all those who served now in our forces, and public safety agency protecting our state and our nation this wonderful land we call America. For the opportunity you've given us to join together and serve in this place we are internally grateful. For responsibility you've placed on us by virtue of votes of our constituent, may we always serve always in their best interest. Should we ever stay from that path, we expect and pray that you will call us to task and show us the true way of public service to the standard you expect. We pray each and his and her own and for this humble servant in the name of Christ Jesus, Amen. I pledge allegiance to my Flag of the United States of America unto [xx] which is saying, one nation under God indivisible, with liberty and justice for all the gentleman from Gaston, Representative Tobbett is recognized for a motion Mr. Speaker the Journal for May 28th has been examined and found to be correct a move that be approved as written Representative Tobbett Loise of the journal from May 28th be approved as written those in favor will say aye, those oppose no, the aye's have it, the journal is approved as written, message from the senate strike that message from the senate from the governor the clerk will read the poll is intended to address a valid concern of our state's business, how to discus those bad actress who seek employment with the intent and agent corporate espionage or act as an under cover investigator. This is unethical and unfair to employees and it's articular problem for the agriculture industry it needs to be stopped while I support the purpose of this bill, I believe it does not adequately protect or give clear guidance to honest employees one cap of criminal activity I am concerned that subjecting this employees to potential server [xx] will create an environment that discourages them from reporting an illegal activity earlier this week I was proud to sign Brick's law, it requires adult care home employees to met the sexual abuse of patient to report to proper authorities. I signed Brick's law because it protects the vulnerable population, and gives clear direction employees to report any MP state witness. I don't want to discourage great employees of any industry to reporting illegal activities to proper authorities which is why I'm vetoing bill In great conscience I cannot sign Brick's Law and then in the same week turn around and sign contradictory legislation. I encourage the General Assembly to settle the bill as soon as possible, and to earn protection to those employees

that have put illegal activities directly and confidentially to proper authorities. I stay ready to work with legislators during this process, and I'm very optimistic that we can reach a solution that addresses the concerns of North Carolina employees I still protect an honest employees, [xx] inequality. The Senate will be so notified, House will come to order. House will come to order. The Senate will be so notified and the bill is placed on the calendar for June 3rd. ratification bills resolutions, the clerk will read. [xx] proposed the following bills duly ratified for presentation to the governor. House Bill 274, An Act To Enact The Retirement Technical Corrections Act Of 2015. House Bill 291 An Act To Provide The Department Of State Treasurer Authority Of The Handling The Unclaimed Properties Determined To be of a hazardous nature or Which Otherwise regulated illegal, or which has no substantial commercial vigor, and to provide guidance for proper handling and dispossession of materials in the part of financial organisations, and the following bill duly ratify properly[sp?] well and prepare for presentation to the Office of the Secretary of State. House Bill 70 an act to amend the law establishing the Charlotte Fire Fighters Retirement System. Chapter bills will be noted. Members are, doctor the day, our nurse of the day is Ernest Grant from from Chapel Hill, Mr. Grant we're glad to have you here with us this evening, thank you sir for being with us. Messages from the senate, the clerk will read House Bill 552, graffiti vandalism. and his objection to this bill being added to this evening's calendar the short title is Graffiti Vandalism House Bill too, Representative McGrady is the gentleman ready on that? Should it be edited this evening [xx]? I would be moving to concur so I've got no problem with it. He's ready, member to ask objection to the bill being added to this evening's calendar, being non, so ordered. Mr speaker, has ordered that the message be sent to your honorable [xx] Senate bill two, committee substitute ratify, and that to allow magistrates, assistant registrar of deeds, and deputy registrar of deeds to [xx] themselves performing duties related to marriage ceremonies due to sincerely held religious objection was Vetoed by governor Pat McCrory on May 28 2015, and was returned to the senate message, with a [xx] message respectively [xx] possible clerk. Noted, and members way of explanation on the Vito process just that members will know, it is the intention of the chair Hear that House bill four and five will be back before the body for vito override on Wednesday, and we should be receiving a massive From the Senate this evening of a Veto override on Senate Bill 2, and is the intention of the Chair at this point that that would also be countered for Wednesday. Calendar, House bill 691, the clerk will read. Representative section house rule members of national government discharge official duties. General Assembly of North Carolina enacts.  For what purpose does the gentlemen from Transylvania Representative Whit-mire rise? please? The gentleman has the floor for a motion. Members of the House, we as a body passed House Bill 691 117 to Nothing on what it is, it made an assault. Does the gentleman wish to make a motion to concur and then debate the motion? Absolutely, thank you. I'll explain it shortly later, but I move concur with it.   The gentleman has moved that the House do concur, the gentleman has the floor to debate the motion.  Thank you Mr. Speaker House Bill 691 seeks to make it a felony to assault a member of the National Guard when they're discharging or attempting to discharge their duties the Senate took what we passed unanimously and strengthened the bill and made it better, and they simply made the Penal Code if there's a firearm used they added a Class E E felon to it, and I ask that you support our concurrence with the bill, vote green. Further discussion, further debate? If not, the question before the House is the Motion to Concur with the Senate Committee Substitute to House Bill691. Those in favour will vote Aye, those opposed 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 to concur is adopted, the bill is ordered enrolled and sent to the governor . House Bill 385, the Clerk will read. Representatives McNeill, Presnell, Shepard, and Waddell, House Bill 385 a bill to be entitled, an act to increase the portion of coart cost used for the Sherrifs' Supplemental Pension  Fund and allows unused sick leave under the local government enployees' retirement system to be a applied as eligible service of [xx] patient front. General of North Carolina enacts.   For what purpose does the gentleman from Randolph Representative Miguel rise? Debate the Bill. The gentleman has the floor to debate the Bill. Thank you for the unanimous vote on this Bill, [xx] I appreciate your green vote again tonight, thank you. Further discussion, further debate? If not, the question before the house is the passage of the house committee substitute the House Bill 385, on third reading. Those in favor will vote Aye, those opposed will vote No, clerk will open the vote. The clerk will lock the machine and record the vote. 109 having voted in the affirmative and none of the negative. House Bill 385 passes its third will be sent to the Senate. House Bill 552, the Clerk will read. Representatives McGrady, Glazier, B. Brown, and J. Bell, House Bill 552, A bill to be entitled an Act to create the criminal offense of graffiti vandalism. The Clerk is also directed to read the amendment. Senator Stein moves to amend the bill on page 1 lines 18-23 by rewriting those lines to read. The gentleman from Henderson, Representative McGrady is recognized for a motion. Mr. Speaker, I move that the House do concur with the Amendment offered to House Bill 552. Further discussion, further debate? If not, the question. For what purpose does the gentleman from Durham, Representative Michaux rise? I'd just like to hear a little bit of explanation if you don't mind. Would the gentleman like to propose a question to the gentleman from Henderson? I'd like to ask the gentleman a question [xx] Does the gentleman from Henderson yield to the gentleman from Durham? I do. He yields. What are we concurring on Sir? Representative Senator Stein raised a concern about the felony provisions of the bill, sort clicking in on what is series of  a one night span of graffiti and automatically triggering the felony provisions in the bill. So working with Representative Glazier, we worked through that to make sure that the felony provisions in the bill for graffiti vandalism will only occur after some convictions for graffiti vandalism, or in the instance where there were a series of vandalisms over a much longer period of time, 60 days I believe. I believe Representative Glazier and I both concurred in the change that the Senate put forward For what purpose does the gentleman from Durham, Representative Luebke rise? To see if Representative McGrady would yield for a question? Does the gentleman from Henderson yield to the gentleman from Durham? I yield. He yields. Representative McGrady, I heard what you said just now about the amendment, but the question that I'm raising, and that of many, well I won't say many, but a number of my constituencies is why something like graffiti can be considered a felony? Why graffiti moves to the category of felony? Thank you for the question. The bill that I put forward I came at the request of the District Attorney in Buncombe County. The problem he was trying to address is that he was having sort of cigary[sp?] of graffiti issues over some period of time, and he had nothing to sort of hold over the head. So it was misdemeanor, misdemeanor, misdemeanor, misdemeanor and so he wanted something little stronger if we had a cause of action and at some point you can work yourself into a felony. Some graffitti one is that it can be very expensive, or two it can be very vicious, for example graffiti on tomb stones, and so the DA asked specifically for some of the set of tools and my expectation was that DA's will use their prosecutorial discretion to not jump to a felony in

cases where we just got adolescent misbehavior. Follow up. Does the gentleman from Henderson yield to an additional question from the gentleman from Durham? I do. He yields. Thank you representative McGrady, do you know of any DA or any part of the state where this issues has been raised other than Buncombe? Thank you for the question, I haven't spoken to DA's across the state, it was judiciary two, we actually passed this law last year as part of a larger [xx] bill to my knowledge no one objected, I do know that the are from my district which is three different counties I'm as [xx] supportive as is the sheriff, reporting to me that they continue to have a problem and they need more tools to deal with agro feeding issue again we're not going to get to a felony situation until there have been previous convictions For what purposes does the gentleman from Cumberland represent the Glacier rise[sp?]. To briefly debate the motion Mr. Speaker. The gentleman has the floor to debate the motion. Thank you Mr. Speaker and I rise to support the motion but also, to give information on two questions. One, this issue's been raised in Cumberland as well, previously, and if you read the bills talking about as well the graffiti is to do. The smear or to deface cemeteries in my county there was swat stickers painted on Jewish Tomb stones so and that's covered here and so I think that's conduct that ought to be punished pretty severally, because you are not just defacing the monument your are striking at the personal heart of people who's tomb stones are defaced and so I think their has to be a distinction and represent blue key points so their be someone writing their number on the bathroom wall