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House | June 9, 2015 | Chamber | House Session

Full MP3 Audio File

May I have you attention please, visitors please retire from the chamber as the house preapare for ressession. Thank you. House to come to order give you a moment to take your seats members, visitors who retire from the chamber the sergeant at arm will close the door, members in [xx] will please silent their electronic devices, the prayer will be lead by representative the gracious members and visitors who is in the gallery please and remain standing for the pledge of allegiance this is a prayer for our county adapted from a prayer written Ruler Kingsberg. Our God and God of ancestors, we ask you blessings upon our country country and state and Palmer leaders of our nation and communities, in-spite all of us who lead and served conducted our fairs a honebly the peace and security, happiness and prosperity light and freedom abide among us, unite the inhabitants of our state and nation of all background and creeds so we may banish hatred and big trine safeguard our noblest ideal and preserve those institutions that nurture liberty and justice for all, may this land be and influence for good throughout the world, helping to secure to all at home and abroad, peace and freedom and thereby bring closer to fulfillment of the visions of your prophets, nations shall not lift up swords against nation, neither shall they run war any more, for the work of righteousness shall be peace and the effect of righteousness calm compassion and confident forever, and let us say Amen.  I plead allegiance to the flag of United States Of America and to the republics for which it stands, one Nation under God, indivisible with liberty and justice for all. Representative Louis is recognized. Mr. Speaker the journal for June eighth has been examined, and found to be correct, a move that is stand approved representative Louis moves that the journal for June 8 be approved as written may those who favor say I and those who oppose say No. The I's have it, the journal is approved It's written, chapter bills will be noted. The notes for the day is Christie Park Hill[sp?], is she here? She is not here, make sure when she comes. Report of standing committee proper read. Representative Mc Neir pictures of retirement committee report from 077 increase works [xx] picture probably calendar 099 progress course central workers system changes favor work. Calendar message is from the senate from the Senate proper read. House bill 16 repeal outdated reports 8 (v) calendar [xx] world 36b by motion of representative [xx] that is the message from the Senate proper read Mr Speaker the Senate [xx] [xx] substitute 4th edition and to preserve North Carolina to our heritage for future generation and [xx] chamber closed. Senator big Jackson, Chair, Senators Brook, Clock, Little and [xx] of the [xx] senator control with life comedian opornet and realize this difference arising a result respectively o this would occur. Noted. our motion from representative Linda Jackson from [xx] the chair is happy to extend the courtesies to the North Carolina community college system student leadership with all the programme and students from lower and community college if you're here please stand. Well, we'll miss you we have two school books, Representative John Bradford is here. Representative with the folks from Conelius Elementary please stand. Okay.

can you cover that. Upon motion of members from [xx] the chair is happy to extend the courtesies gallery to Melon [] who'av been helping homeless friends for over 30 year and she he here? Yes, thank you. she's here first. Calendar, printed calendar House bill 560, the Clerk will read. Representatives Dobson, Adcock and Stevens, House bill seeks to build the entire personnel [xx] and license health care providers who providing, or are attempting to provide services in the hospitals [xx] next Representative Dobson is recognized for a motion. Thank you Mr. Speaker. I make a motion that we do concur and also to debate the motion You are recognized to debate the motion Thank you Mr. Speaker this House Bill 560 pass the house 15 to zero like early in the session it passes the senate 47 to one. There was one small amendment that was offered that change the bill to make it a class of felony for any hospital personnel and licence healthcare providers for providing or tempting to provide health care services to a patient in a hospital. There was ones small change that was made in senate again I would ask for your support to conquer on the motion and they pass the house 115 to zero senate 47 to one appreciate your support, thank you Further discussion further debate? Representative Dollar To ask quick question of the bill sponsor Does the gentleman yield? I do He yield Representative Dabson I apologize for not getting to [xx] but can we assume there is no objection by any of the affected parties to the amendment that was talked on by the senate thank you for the question it was passed unanimously so no objection. Further discussion or debate? If not the question for the house house is the adoption of the motion to conquer in senate committee substitute for house bill 560 those in favor will vote aye, those vote no the clerk will open the vote. Got a few more people want to vote? Clerk will lock the machine and record of the vote the ayes were 106 the nos are zero the motion is passed and the bill will be enrolled and set for the Governor. Please take a look at the three local bills at the second reading roll call we can group those find the group with somebody else who want more than to be from the group is any one representative to add him more? \ Mr. Speaker I was in the chamber I missed the vote I want to be recorded as involving wye on the You will be [xx] so recorded, I want to pull any of the three bills from the group, now the clerk will read the three has bills Representative Robinson house bill 266 avail to the entire of acting act so it just scrap property to the corporate limit of the district of Lamount, representative Riley, house bill 400, a bill to be entitled and certain describe property to incorporate of the town of Mayhill. Representative Hegmen house bill 493 appear to the entire [xx] properties from the corporate from the town roof subject to referendum general Assembly of North Carolinian act. Further discussion or debate on the house bill 266, house bill 400 and house bill 493 if not the question before the question before the house is the passage on the second reading rollcall of house bill 266, house bill 400 and house bill 493 all those in favor will vote aye those in oppose will vote no the Clerk will open the vote the Clerk will lock the machine and record the vote. The I's are 107, the NO's are two, the three bills have passed.

House Bill 266, House Bill 400 House Bill 493 will be sent to the Senate and remain on the calendar, strike there, remain on the calendar for tomorrow the next two bills can grouped, they are second and third reading of two local bills. Clerk will does anyone want to pull them apart. Representative Collins or Brody are you asking to pull them apart or no. No Mr. Speaker I was hearing that voted I on 560 please Will be so recorded. Representative Collins, same thing? Mr. Speaker, I made a mistake and actually voted against my seat mate, hit the wrong button. I'd like to be recorded as voted last bill. It will be so recorded on the group. On the group. Representative Luebke? I have a question mark to Senate Bill 39 so I would ask that they be separated. They will be separated. Clerk will read Senate Bill 139. Senator Davis, Senator Bill 139 a bill to be entitled an act to amend the chartered town of Sylva to authorize the town to adopt and enforce ordinances related to parking. General Assembly of North Carolina enacts. For what purpose does the gentleman from Cherokee, Representative West rise? To debate the bill Mr. Speaker. The gentleman has the floor to debate the bill. This bill would amend the charter of the town of Sylva authorize the town to adopt enforce ordinances related to parking in the town of Sylva, appreciate your support. For what purpose does the gentleman from Durham, Representative Luebke rise? See if Representative West feels for a question. Does the gentleman from Cherokee yield to the gentleman from Durham? Yes I'll try to. He yields. Thank you Representative West, it was indicated in the committee that the town council did send this forward and I think that kind of co-operation between mean the general assembly and the town is extremely important, my question is this, in the bill it says that after one ticket, the car, can a car can be towed. That's being strict or stringent to me, one ticket then you can be towed away? Do you have any concern about that from the stand point of the residents? Representative Arthur[sp?] represent the town Silver. I was just handling this bill for senator Davis but no one has say over the years, I guess parking places over there are at  premium. Well thanks. That was a good answer, appreciated. Not knowing anything about the bill you degrade. For what purpose does the gentlemen from Heywood representative queen has? To speak on the bill, I do represents Silver and I have Silver and I think they do a very good job with Silver, the one other thing I want to put the we are locks on the first take so they don't tell you are number second thing they will and I can tell you one of my Young pages about two weeks ago got his car towed with one ticket right here in Rolly, so I think this a lenient approach, so I encourage your support. Thank you.  Further discussion further debate.  If not the question before the house is the passengers Senate bill 139 on its second reading. Those in favor will say aye, those oppose no. The ayes appear to have it, the ayes do have it. Cynabal 139 passes Second reading and will without objection and read a third time Johnson Markami[SP] now. Further discussion and further debate, if not the question before the house is the best, section 131 will start reading Those in favor will say Aye. Those opposed No. In the opinion of the chair The ayes have it, the ayes do have it despite the vane attempt to represent the vanes in the bill's ordered in law Segment 142 the clerk will read Senators present and clerk. Segment 142 brought the entire act to reduce the number of members on [xx] centr commission [xx] What purpose does the gentleman from [xx] Debate the bill. Gentleman has the authority to debate the bill. Thank you Mr. Speaker. Ladies and gentlemen what this bill does it reduces our county [xx] commission from 16 members to 10. This is brought to us by the county commissioner, the county commissioner complete agreement on it there's no opposition I ask for your vote. Further discussion [xx] if not the question before the house [xx] 142 and the second reading those in favor will say I, 'I, ' those who oppose no, 'No, ' the I's have it. object [xx] third time. [xx] Further discussion further debate if not the question before the house is [xx] Senator 142 in it's third reading those in

favour will say I. Those who oppose No. 'No' The I'S [xx] 192 [xx] [xx] to establish a system for electronic payment of compliance [xx] What purpose does the gentleman from [xx] representative [xx]  Debate the bill. Gentleman has authority to debate the bill ladies and gentlemen a house [xx] and thousand compliance case in all the clients billing with traffic citation what this will do is that it will establish a system if a person went to court on a court date and showed compliance they would district attorney could dismiss the case with no cost. If they want to go to see the district attorney prior to that and they're able to comply there will be a 50 dollar cost and also do JOC to come up with their online system within the next years so that the compliant cost could be reduce to 10 dollars it only aplies with this and district Attorneys received authority in judiciary two and unanimous in finance and Mr. Speaker at this time like to send forth a technical amendment. The gentleman is recognized to send forth an amendment; the clerk will read. Representative McNeil moves to make the bill on page 2 lines 30 to 32 by rewriting the lines to lead. The gentleman has the floor to explain the amendment. Thank you, basically what this amendment does it eats the language on the page where it says presentation and it copies that language in two places on the back page so that the bills consist in his language so I move approval of the technical amendment. Further discussion? Further debate on the amendment? If not the question for the house is the adoption of amendment one support by representative nail[sp?] those in favor will vote aye those oppose will vote no the clerk will ope the vote Clerk will record the machine will record the votes. 111 having voted in the positive and non in the negative members of the doctrine we are now back in the bill for further discussion for further debate? If not the question of the house is the passage of the house bill 192 on its second reading those in the favor vote yes those opposing vote no, the clerk will open the votes Representative Bansen_ Elmo, Warn Rolson agreed to the member wish to record on this vote the clerk will lock the machine and record the vote. 112 having voted in the affirmative and none in the negative, house bill 192 passes its second reading and will remain and in the counter house code 424 [xx] reads representative Steven and Glazer house bill 424 appears to be entitled in the act to extend the provision of foster care to the age of 19 years and to make [xx] statutory changes, to allow the social services commissions to adopt rules implementing the expansion of foster care through age 19 provide for extension of guardianship census through age 19, require submission of the state plan amendment to draw down several for expansion of foster care through age 19 and appropriate [xx] General assembly of north carolina enacts  For what purpose does the lady from Representative Stevens rise? For a motion. Lady is recognized for a motion Mr. Speaker I would bid that we put this to the end of the calendar I need to do a very simple amendment and if we could put it at the end of the calendar we should be ready Chairman director would be removed to the [xx] the end of the calendar, house bill 615 clerk will read. Actually before that for what purpose does the lady from Wake, Representative [xx] rise? Thank you Mr. Speaker I was in the chamber and I would like to be noted as voting aye in the McNill amendment on house bill 192 Aye is that correct? Yes sir. Lady would be house bill 615 the clerk will read. Representative McDill house bill 615 [xx] this court call to be paid by probation violators [xx] For what

purpose does the gentlemen from Randolph Representative McNill rise? debate the bill Gentlemen is recognized to debate the bill. Thank you, ladies and gentlemen the house really, opportunity to present house bills till you basically what house bill 615 does is it comes up with a one time court calls for our probation violation, they're 69, 000 probation violation a group you record every year taken up the time over her probation officers our judges our district Attorneys and our Clerks. This is a one time costing will be one time pro violation and this has passed judicially one unanimously and finance unanimously and would appreciate your green vote. further discussion further debate if not the question before the house is the passage of house bill 615 on its second reading. Those in favor will vote aye those oppose vote no the Clerk will open the vote. Representative Pendleton, does the gentleman wish to record on this vote? The Clerk will lock the machine and record the vote. 113 having voted in the Affirmative and 1 in the Negative, House Bill 615 passes its Second Reading and will without objection be read a third time. The General Assembly enacts. Further discussion, further debate? If not, the question before the House is the passage of House Bill 615 on its Third Reading. Those in favor will say Aye. Aye. Those opposed No. The Ayes have it, House Bill 615 passes its Third Reading it will be sent to the Senate. Senate Bill 7, the Clerk will read. Representative Tillman, SENATE BILL 7, A BILL TO BE ENTITLED AN ACT TO ALLOW FOOD STANDS TO PROVIDE TABLES AND CHAIRS FOR CUSTOMERS TO USE WHILE CONSUMING DRINKS OR FOOD UPON THE PREMISES AND TO AUTHORIZE PUSHCARTS OR MOBILE FOOD UNITS TO PREPARE AND SERVE FOOD ON THE PREMISES, PROVIDED THEY ARE BASED FROM A COMMISSARY OR RESTAURANT LOCATED ON THE PREMISES OF A FACILITY CONTAINING THREE THOUSAND PERMANENT SEATS. The General Assembly of North Carolina enacts. For what purpose does the gentleman from Rutherford, Representative Hager rise? To speak on the bill. ' The gentleman has the floor to debate the bill. Thank you, Mr. Chairman. This Senator Tillman's bill would do two things, it would allow convenient stores to serve biscuits and those things in the morning, to put up to eight seats in their premises under the same guidelines they're now using and they would allow push carts and stands in baseball arenas and arenas and sports arenas that have at least 3, 000 seats now this is if they already have a restaurant on site that they can be attached to, that's pretty much all it does and I ask you to vote green. Further discussion, further debate? If not, the question before the House is the passage of Senate Bill 7 on its Second Reading. Those in favor will say Aye, those opposed will vote No the Clerk will open the vote. The Clerk will lock the machine and record the vote. 113 having voted in the Affirmative and 1 in the Negative 7 passes the second reading and will without objection. Jackson   The objection was heard, they will remain on the calendar The speaker I just have one question for the bill sponsor and I could remove the objection They were or let me ask this there is nothing before the calendar at this time but the gentleman will release the objection it will be on the third reading be a question and the chair will honor the gentleman request to the way the bill of the general walls of it, thereafter, but the procedurally the general would need to withdraw his objection of a third. Withdraw the objection of a third on the agreement Senate bill said to them that I haven't passed second reading, no objection, third is before the house corporate   I am not come in there For what purpose does the gentle man from power bus? Thank you Mr. Speaker just a quick question of the bills sponsor.   There is the gentle men from radical have you heard from the gentle men from there. The bill Hey you Thank you Mr. Speaker that recognizes that knocked his door he's just walking in, but I wanted to ask you a question about the additional requirements for inspection are those currently been carried out or are those new inspections that are now being made mandatory? Thank you, Representative Holloway are you speaking of Section 1 or Section 2?

Section 2. Let me read this for just a second I will tell you, I believe in our to find out but I believe they're being carried out right now in the restaurant and they would be moved on to the push card in the same regulations. Further discussion further debate this gentleman from {XX] wish to make a motion. For the the ladies and gentle men ready to proceed ready to proceed. Further discussion further debate, if not the question before the House is the passage of Senate bill 7 on its third reading. Those in favor will say, I. I those opposed No, the yes have it. Senate bill 7 passes its third reading, to be returned to the Senate. Senate bill 25 the Clerk will read Senator Stam, Apodaca and [xx] Senate bill 25 a bill to be entitled and act to clarify for the county of all municipality may and acts on it. This is related to design an aesthetic controls. General Assembly of North Carolina enacts. For what purpose does the gentleman from Lake, Representative Dollar arise? To debate the bill. The gentleman has the floor to debate the bill. Mr. Speaker, members the Senate bill 25 comes to us really after about four year journey starting in 2011. This bill had previously passed the Senate and got tied up in the House and then the next session we passed it here in the House and it got tied up in this year hopefully we're going to get it passed in the both chambers in the same session, so we'll be in good shape the last time this bill was here it was as house bill 150 in the last session. We passed this bill I believe it was 94-22 on second reading and 98-18 I believe on 3rd reading. It is essentially the exact same bill that we passed the last time that it came here just to remind of the features of this bill. It does clarify that municipalities and counties, do not have the authority to regulate latest standings and this applies solely to single family and two family homes and this applies to the outside clading of the home porches exterior ornamentation that are non structural the location style of window those in doors location of those windows on their home. Garage doors the types rooms and interior layout of rooms, there are quite a number of exceptions that were addressed over the time that this bill was developed in the last four-five years this bill does not apply to any commercial structures does not that apply to multi-family structures, there are a range of exemptions with regard to a historic districts they own a national registry, matters of safety doesn't apply to manufactured homes, doesn't apply to items covered internatinal freight insurance, doesn't apply to screening and buffering as may be required and does not in any way prohibit a municipality or county from being able to regulate the height block orientation or the location on the own a lot. Let me just be happy to answer any questions, let me just say in summary that we do believe this bill is a balanced approach, it is in conformity to the latest rulings a few years ago in the land board decision for those who are familiar with that decision, it is supported by the Home Build Association and the realtors and it's also been a few years ago in the land board decision for those who are familiar with that decision, it is supported by the Home Build Association and the realtors and it's also been be able to have the homes that they want and it helps make those homes more affordable for for working people and I think that's the reason why housing advocates as well as the builders are unified in support this registration Mr. Speaker I would be happy to respond any question and will appreciate your continued support for what purpose does the gentleman from Brasaville Representative Aila rise? See if Representative Dollar will answer question does the gentleman from Wake yield to the gentleman from [xx] I yield He yields Thank you Mr. Speaker, [xx] pay with the beach are concern that the 10-15 bedroom may be described as one, two family bedroom is this [xx] the city take away the right of the city to deny the permit for 10-15 bedroom house which would be party house if someone

can fit it in to the lot under the book, under the size under the location of the lock of the lot the number of actual [xx] they would be able to regular like the number of bedrooms in a single family or two family dwelling Thanks to speak to the bill the gentleman from Brasaville has the floor to debate the bill And I will address this to everyone that representative Dollar let support the bill like this and just can't do it for that for reason not being in there, thank you purpose does the lady from [xx] Representative Michaux rise? To speak on the bill Lady has the floor to debate the bill what is gonna happens speak on the bill I would like the hands of representatives answer this question. The house is on the bitch since we have secretaries from the cities of Storm out-limited the limiting members Doling Mbars on behalf according to why your cities are your subject somewhere else. So, and I also wish to remind you that pigry houses pay for education in a cost of planning the tax pays payers, is very important to our gallies so why the cities would be the objecting to be yes? In the cause of yes, I have no Idea, they don't have control ladies becomes with their septic takes, and that's what controls it not five city council men. Thank you. Members on behalf of representatives Allan, Hermoton, Davis, and Carlin the chair is ready to extend the courtesy of the galley to the mayor of wellington chairman of the new county commissioners Jonathan Boyfield the mayor of the Raise of Bitch Bill Prayer[SP] and Wilmington City Council member Neal Anderson, and Carolina Beach Town Council member Sara Free, would you all please stand so that we can welcome you with us today. Thank you for been with us. Also members our nurse of the day is Christy Parkhill from Hendersonville North Carolina, and I believe she stepped out, if step up the floor again. OK, we'll try again and we also have an honorary page with us today Jordan fleming who is also the grand son who Representative Richardson. Jordan where are you? Thank you for being with us today, please join me welcome. For what purpose does the gentleman from Cumberland, Representative Glazier rise? To speak on the bill Mr. Speaker. The gentleman has the floor to debate the bill. Thank you very much Mr. Speaker. I'm going to make similar comments to what I made two years ago, when this passed the house when the bill first came up my sort of thoughts topic response was though I opt to be oppose to this and then you realize that that's not what we are here for and sometimes we ought to get pass our philosophy and kind of look at the governing principles and law and the laws seem to be pretty clear after Justice Jackson's opinion in land bill properties which represent Dollar alluded to if we are not going to change our view of what zoning regulations are designed to do and that is set out pretty clearly in 153A 341 and that is to deal with things like overcrowding and provide for avoiding undue concentration and lessening congestion and securing safety and securing appropriate services as needed well the color of my house doesn't fit any of those and weather I put up one type of siding or another doesn't fit any of those as general rule and so unless we are willing to change sort off what our viewer zoning is then too many cities and municipalities have gone to far which is what I think this is attempting to get back to and say what justice Jackson said in a five to two opinion land bill, that their are rights their are certain places in which all those things can take place and they are set out in the first think it's almost eight exceptions that are in the bill but their are basic property rights that are being balanced and effected here, municipalities can only go so far unless we change what their authority and jurisdiction Yes we don't do that in this bill and we don't do that in the statute and so all these bills to me is really doing is quantifying exactly what Justice Jackson said are the authorities of counties and municipalities on the land bill case, and their may be a day number one in which this body wants to reconsider sort of the zoning I don't think we are

at that day, and number two as I suggested to the home builders and even thou I agree very much with the bill and what they are trying to do it does live municipalities instead of resulting to sculpape to use sledge hammers and to go a different route and hopefully that wont happen but I do hope that the tension that's created continues to allow discussion on this topic and a resolution community by community where there's agreement, and if not, back at the legislature. But for now all I read this Bill is doing is clarifying what law really is and saying for those cities to determine whether I should have red paint or X window sill or particular trim on my house, that absence of  being one of the exemptions that's not a right that Municipal Ordinances ought to be doing across the state.  And so I'm supporting this bill and encourage everyone to do so. For what purpose does the gentleman for Durham, Representative [xx] rise? To speak on the bill. The gentleman has the floor to debate the bill. Members of the house, this is about design standards in cities and counties, where cities and counties have made a conscious decision to put these audiences on the book. They've concluded in the situation where they exist with one another. What we're doing here is once again playing the role of being a government to override of local government. Local governments have made decisions that they need these kinds of regulations in order to meet their cities terms of local governments better places to live and if the people of those local governments the citizens and at so called governments do not support this kinds of regulations they will they can and they will vote out the members of the council that and counties commissioners who have put these bills on the books. We should not at the level of the General assembly. Big governments, be telling local governments what to do, local governments can make their own choices. I would urge you to vote against the bill. Mr speaker. What purpose does the gentleman from Wake? Representative Stem rise. I would represent lucas Shew for question. Lucas or Loki? Lipti, does the gentlemen from Daram yield to the gentlemen from White? I won't go toward the Hill? Yeah the obvious thing, we do look alike. But yes I yeild for question. Representative Loki don't you think we can also improper this as we are protecting, people from big local government. I would say this Representative Stem, that the bigger government is the general Assembly, which is why I have problems with this bill, thank you. For what purpose does the gentleman from union representative Horn rise? Ask Bill Spencer question. Does the gentleman from Wake yield to the gentleman from union? you? He yields. Thank you representative Dollar. I just like to explain, whether this creates a problem for hormone associations, within a [xx] that may have architectural requirements, now just go count to that or just explain that it would have? No it does not have and I appreciate the question must you've listed that in the exemption does affect agreed upon home and associations covenant. For what purpose the gentleman from Cambaers, representative of Pavements rise? To debate the bill gentleman has the floor to debate the bill. Thanks sir, one main reason desire try to come to Lorry and one of my reason I got to become a Lorry was to reduce Gamma control of people's lives and property and I just feel it really to mention the HOA's, I feel like doing the opposite this bill is making the town defective of HOA and I sort look only part of that myself and I don't impose on others and so as I have told some Marken constitue who want this bill badly I can't wait to vote for. Thank you For what purpose does the lady from Orange, representative of Vinsco rise? To debate the bill. Lady has the floor to debate the bill. Thank you Mr. Speaker. Members this bill will render any effective section 15.37 of a local

ordinance in Carvoral, I'm just going to read the while of items here and in any architecturally integrated sub division the developer may create labs and construct buildings without regard to any minimal a lot size is are set back for restrictions except with a lot boundaries a requirement should apply to the extend that they subdivided tracks a batch of land that is not part of this subdivision this seems to be common sense to me and a city ought to be able to say that if you if your land is next to a sub division then you have to have a certain set back that this bill will then allow our towns to do make a current decision happier to run this bill. What does the Jermer from back representative Torner Rus.  To ask full sponsor a question Does the general from Wake the general from back?  Thank you Mr. Speaker, the talking committee was reservedly part of discussions surrounding the size of this appartments and I think small towns like Hotsprings like to I don't want my grim to grew up I think about man treat things like we got towns that are very small and are trying to maintain a solid character that they have is part of their appeal there is part of what attracts tourists and business to them and a city like a Scalet or a Larry they can absorb a variety of different styles a lot easier but the towns it is 2 or 3 square miles thousand residents or less just curios if any thought was given to those small municipalities and tools they might have to maintain their science well to answer your question the abuses that we have seen have been birth from towns small medium and large and they are being addressed in here. However, I will point out that if you have an historic district that you got in a small town or if you have a district in which everyone volunteers to be governed by a certain set of rules and regulations then they can do that. They can certainly band together and say this is what we want for this particular special district. So there's certainly capable of doing that in many other cases that you're talking about. You're talking about commercial properties, and of course commercial properties are not impacted by this legislation. Follow-up Ladies and gentlemen, you have two additional questions, Heeves. Earlier this year if memory serves me correct, we voted on some inaxtion[sp?] legislation and where not 100% of the housing and the people living in that area wanted to be annexed and I believe that passed a chamber, is it a reasonable sort of horrible having to overcome that to think that 100% of the people would have to agree to a zoning regulation, is that something that we feel like realistically couldn't happen when we're willing to approach a annexation of lat time 100% approval. There are overly if I'm using the terminology correctly that are in place or around the states so that does occur, we've had plenty of examples around the state Mr. Speaker. For hat purpose doe the gentleman from Camblin representative Glazier rise? To see if representative Dollar might yield for question. Does the gentleman from Lake yield to the gentleman from Camplin? I yield. He yields. Thank you very much Mr. Speaker, representative Dollar, just so I'm clear on that, that's all it as this bill only deals with building design elements which is precisely defined in the bill on page two, is that no correct? That is correct. Follow up. Does the gentleman yield to an additional question? I yield. He yields. And those as I read it are only two of your bathing color, type of style of [xx] through your cladding materials styles or materials of the roof structure, exterior non structural architectural [xx] and location, architectural styling on the windows or garage, and the number of types of rooms not including kitchens and specifically does not include among other things, anything to do with the use or buffering, or screening, or other devices to minimize visual impact or medigate light or no ways to protect privacy, so it's a rather confined definition is it not? Yes sir it is.

Thank you. For what purpose does the lady from Caldwell Representative Miguel has to rise? To speak a second time on the bill. Lady has the floor to debate the bill a second time. Thank you Mr. Speaker, members I served for three terms as a town commissioner, in beach town in Emerald Isle, and some of the board members wanted to do this exact same thing, they wanted to tell people exactly what color they could paint their house, they wanted to tell them what color, what design they wanted how they want the windows to be, and thank God there were three of us on the five member board at that time, that voted against that. When people own property, it is there property. There are step back laws, there're all kinds of things you have to follow, but when it comes to telling what color of your house should be? What angle that rich of that roof pitch should be? Those things should be your choice and when a Representative [xx] was talking about his properties, that he was talking about worrying the [xx] area whether the septic. So there is a problem with [xx] how many bedrooms you can build but if someone has a big enough property he builds 17 bedrooms what the township will be doing if what he has he is doing all [xx] against noise and things like that to protect the neigbours they should not be telling that home owner or who owns that property how many bedrooms they can but in that house they lack to get those taxes back in but they don't like to have the big houses he said the neighbours were complaining I call those neighbors gold miners they have their homes they have their land and when someone comes in there is something a little different a little bigger, they don't like it, they got market so don't mind I will draw the bridge right now please vote for this bill. For what purpose does the general From Almes from representative rise? House bill sponsoring a question? Those are gentleman from Wake, you wil so the general from Melmed, I yield. He yields. I will see that I can freezes the correct way as far as new construction, you go in to a new neighborhood, or you are going to build new homes, mostly a pile of land I don't have a problem with the way this designed as far as colours and [xx] to clarify [xx] is I'm trying to do this from past experience. An old neighbourhood anything like it but in an established neighborhood that is [xx] where the structures are single family residents for example. Does this bill protect that neighbourhood if for whatever reason one of those homes was demolished or for some reason the home was gone, and another home was built back in its place. And I hope I'm making that clear. Infill development. Infill property. Right. That's one question, and then the other is, and this is going back to a problem that we had in my city, where you had an old established neighborhood, again it wasn't a historic neighborhood but it had big homes in it. A lot of character to the neighborhood, and then the problem that we started having a bad tan[sp?] or over 15 years ago was people buying these old homes in these established neighborhoods and going in and putting extra doors on it and I kind of think of turning those into boarding houses, which created a whole new array of problems and I guess what I'm trying to understand in this bill is, is that addressed or is that something that the city would no longer be to be able to have any control over, let's say whether somebody goes in to an existing neighborhood, and I'm talking about some really good old neighborhoods and turning a single-family home into a multifamily structure just by changing the number of doors and kitchens or whatever. If that's clear.  Well, of course, this is just sort of a side note. But as you know, in Burlington in Burlington[sp?], you can have single-family neighborhood and they will put in. The city allows attached multi-family or attached single-family housing to be put in those neighborhoods, so I'm not sure that I know what happens in Burlington, from my personal experience. But in terms of what you

are with respect to infield[sp?] development, obviously a builder is going to have to come with the screening, with  the bulk, the height, the orientation of that on that lot in conformity to what the city ordnance is would require, but the neighbors cant tell you how many windows to have on the front of your house, or what kind of cladding you can have on the front of that house anymore than you would have told them. When they build their house, what they had to build it out of, with respect to boarding, we believe that's addressed in here no other way it's addressed that is a commercial use, and in many neighborhood that am aware of will not be allowable already and can certainly be regulated by the city that any given neighborhood, you would be able to have those types of commercial uses. Follow up Does the gentleman heal to additional question? I heal. Heals. and I guess that's where am having a problem, a little bit of a problem, with it is I know we had Just a real hard time trying to regulate say a boarding house. I'm going to use that as an example because I've already used that. And of course you're going to have a neighborhood that gets upset, and rightfully so because I think I understand the part about what people have a right to do they want to do with their property, but sometimes that can be to the detriment of not only their property value but all the surrounding property values around them. And I just want to make sure in this bill that as far as an the infield piece of property, that we're not doing something here that's going to cause a problem down the road with an example like I used, the boarding house, and destroying the value of sorrounding properties around it. And there are multitudes of other problems that can come out of that type of situation property value is one that I think cities are sensitive to home owners in the neighborhood accented to it, that's what they want from the city leaders I believe the and we can talk to your planner I believe in the provision there with respect to zoning at the top, zoning of [xx] with respect to the top page to one through four, I believe responding your question, but let me Just answer it this way, there's nothing in this bill that will lead neighbourhoods to suddenly break out in a lashio of boarding boarding facilities whether they want two or three, that is not, that door is not being opened by this legislature Thank you For what purpose does the gentleman from Cleveland represents Speshali rise? To speak on the bill The gentleman hasn't forwarded bait the bill We put a lot of bills through here. I thought about that night that we were here for crossover, we were here or 12, 1/2 hours that North Carolina is better off that if we stay here 12, 1/2 hours passing up then I couldn't think of one of them. If this bill would have been there one night of North Carolina because all the arguments against us that I'm hearing are what about the town, what about the city and what about think and this and that. What about what the people think, what about what the property owners think, what about the costs involved when developers are told that you got to add this, you got to do this, no you can't use that type of clouding you got to use this type of planning which is twice as expensive makes the house much more expensive for people. There's a lot of this things, a lot of this [xx] designs that are imposed upon the builders and imposed upon people that add to the cost of the home, so why don't we, I don't know it's a noble concept, pass this bill and allow people to

build their homes the way that they should be able to build them. This isn't going to affect the structure show integrity to home because the city still have the authority to do that but if it doesn't affect the structural integrity to home such as whether the window goes or that the kitchen has to be located over here and not over here, I mean all that silly stuff that a city or town should not be telling you what to do in the first place. We know this, you know it and I know it because the best thing we can do is go ahead and pass this bill and at least walk out of here saying, Hey, we passed something that was worth passing. For what purpose does the lady from Orange, Representative Insko rise? To ask Representative Dollar a question. Does the gentleman from Wake yield to the lady from Orange? I yield. He yields. Representative Dollar, I understand the need for this bill for certain issues that I'm still concerned that there are unintended consequences, so I think that my question is similar to the one about the boarding houses. This provision here in the Cabro Town ordinances says, The number of dwelling units in an architecturally integrated subdivision may not exceed the maximum density authorized for the tract of land. So if you have R4 Zoning and  someone builds four houses you're within that, but if you convert those into more dwelling units then they would exceed the allowable dwelling units for that tract of land and I think that that's so, do you know if your bill would affect this? And I've read the bill and I think there's some question about whether it really does or not. Let me answer this, and I think it gets back to, as you say what Representative Ross was asking about. If you look at, and I think this is the right at the very bottom of the first page lines 34 and 35 the phrase, Building design elements, which is what we're talking about, Does not, does not include any of the following: height, bulk, orientation or location of a structure on a zoning lot. Two, the use of buffering or screening to minimize visual impacts or to mitigate the impacts of light, noise or to protect the privacy of neighbors, or three, and this gets at I believe what you're asking about and that is regulations adopted pursuant to this article governing the permitted uses of land or structure subject to the North Carolina Residential Code for one and two-family dwellings, and I'm not a lawyer but in legal terms that covers, I believe the issues raised both by yourself Representative Insko, as well as Representative loss and a couple of other factors For what purpose does the gentleman from Wake Representative Penddleton rise to speak on the bill Gentleman has the floor to debate the bill I speak in favor of this bill when I was county commissioner we have one town in that really go over board on restrictions on people even so I want to put white pad [xx] no you are going really is that middle skills speaking favor of this For what purpose does the gentleman from Pendle Representative Meyers rise? Does Representative Dollar question.   Does the gentleman from wale yield to the gentleman from Penda? I yield He yields Representative Dollar in your presentation just want to clarify that I heard correctly said this bill clarify for local government what the existing law already is regard to regulation when it come to our studies did I hear that correctly? Well, it clarifies and I believe it will be case law. Am looking over my lawyer over here. It will be case law particularly that coming out of a vandal[sp] versus cabelas[sp] county a few years ago. Yes sir, A follow up. Does the gentleman yield to an additional question I yield[sp] thank you representative Dollar for that response and also here in our discussion, just feel free to answer these or not, but they're individuals in our state. Is there private property protected? or is there property values protected? Meaning that do we have right to private property? Or my misconstrued this one has the right has the property value? I'm little concerned about some

of the comments that I heard you today and this one is if you can comment on whether we have delight to derive property or do we have some cut off right to most property value. Really confused about some comments. One question had into that question there are probably one of our sting determine is going to give you a better answer I just look at it as a layman, you are just protecting the rights of the property owner, the private property owner in terms of trying to build a home that fits their aesthetic depending on where they're building it and what are the circumstances surrounding it. I believe this bill is a very good balance between someone who owns up a home or property, someone who is developing a piece of property for that matter and the rights of the surrounding community I believe that there is a good balance there. It had gotten out of balance there and there were many examples are all over the state of it having got way out of balance. I believe this restores the appropriate balance and is in conformity to the decision rendered by the North Carolina supreme court. For what purpose does the gentleman from [XX] representative Haa rise?. To see if I can yield another question Does the gentleman from Lake yield from the gentleman from Bronson? I yield. He yield I think I find the way to support the bill under the I'm you read page one line 35 the term book, is that anything to do with square footage and that's all of them? Yes sir, that will be bill a correct interpretation, so you can't ill monster beyond what is allowable for that ward and in that zoning area. and that is not impacted on this legislation, thank you. To speak last time on the bill. The gentleman from [xx] ha the floor to debate the bill instead of focusing on [xx] I'm going to focus I'll be able to support the bill, thank you. For hat purpose does the gentleman from Ash representative Jordan rise? to debate the bill. The gentleman has the floor to debate the bill. I just at to make two quick points here that were made when this bill as 150 last session, and that is that the local government that were engaged in thee practice didn't have the authority in the first place and that's what the court case aid, that's what codified, they didn't have that authority in the first place to be doing thee things. The second is if they would like to do these things, then they can request a local bill to take care of it for their particular community. Thank you all for agreeing on this bill. Further discussion further debate, if not the question for the house is the passage bill 25 on its second reading. Those in favor ill vote aye, those opposed sill vote no, the clerk sill open the vote. Representative Malon does the gentleman wish to record on this vote? The clerk will the machine and record the vote, and 98 having voted in the affirmative and 17 in the negative, senate bill 25 passes its second reading and will without objection be read a third time   General assembly of North Carolina enact   Further discussion further debate? If not the question before the house is the passage, senate bill 25 on its third reading those in favor will say aye Aye those oppose will say no, No The ayes could have it, the ayes do have it silver 25 passes its third reading and will be enrolled and sent to the governor. House bill 424 the clerk has already read this bill is the, whose is handling this bill Representative Stevens is the lady ready to proceed on that bill? Mr. Speaker The lady has the floor to debate the bill Thank you, members of the house what this bill it does it's one of several that we've been working on for foster children and this raises the age to 19 that you can stay in foster care, so gives you more time to transition as a matter of fact I believe the senate is going to raise it to 21, but that's certainly  something we're still in negotiations with, but we did discover one issue thanks to Representative Dollar he mentioned it to me, and that is that we provided appropriations in here, and those appropriations are already in the budget, so Mr. Speaker I'd like to sent forth an amendment Lady is recognized to send forth an amendment, the clerk will read Representative Stevens moves to amend the bill on page four lines 16 through to to 26  Lady is recognized to debate the amendment. Thank you Mr. Speaker, ladies and gentlemen all this amendment does it remove all the appropriations because they're already in the budget and I ask for your support on the amendment. The lady from Surry approach the

bench please along the with appropriations chair Further discussion, further debate on the amendment? If not, the question before the House is the adoption of amendment one sent forth by Rep. Stevens. 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. 114 having voted in the affirmative and none in the negative, the amendment is adopted. We're now back on the bill. Further discussion, further debate? If not, the question before the House is the passage of House bill 424 on its second reading. Those in favor will vote aye. Those opposed will vote no. The Clerk will open the vote. Clerk will lock the machine and record the vote. 115 having voted in the affirmative and none of the negative, House Bill 424 passes the second reading and will without objection be read a third time. General Assembly of North Carolina enacts. Further discussion further debate? If not the question before the House is the passage of House Bill 424 on its third reading, those in favor will say aye? Those opposed no? The ayes have it. House Bill 424 passes its third reading, sorted and rolled and sent to the Senate. For what purpose, and engrossed, excuse me, engrossed and sent to the Senate. For what purpose does the gentleman from Randolph, Representative McNeil rise? For a motion?   The gentleman is recognized for a motion. I would ask that third reading on House Bill 192 be moved over to the calendar for Monday. Without objection, so ordered. For what purposes does the gentleman from Pender, Representative Millis rise? To be recorded as aye on House Bill 560. The gentleman will be so recorded. Notices and announcements. Oh, actually before we do that, special message from the Senate, the Clerk will read Mr. Speaker, it is ordered that the message be sent through the House of Representatives with the information that said failed to concur with Senate bill 333 so the three house committee substitute are going to entirely have to acquire legislative more of education include specific data in this annual report profession is request your conferees, [xx] appoint senator chair, senator Daniels[sp?], courtesy control [xx] may be resolved respectfully sir the chair point Elmore a chair, representative Johnson of [xx], representative Horne and representative Glazier, is senate bill 333 the senate will be soon notified representative [xx] we recognize the simple committee report the clerk will read wildlife resource committee reports Senate bill 374 [xx] for hire licence and logbook requirement favourable Counter. Madam Court please add Representative Stam as a [xx] bill 333 as well. Members, I don't see she was here earler and left  but no need to poll but for your information our nurse today is Christine Powell[sp?] from [xx] North Carolina, we appreciate her of being here with us today I still notices way from [xx] same one okay alright what purpose [xx] The house committee on agriculture will reconviene at 3:30 sharp we will vote bill on senate bill 513 the fore marked. For what purpose does the gentleman from Berg, representative of Blackware will arise? For an announcement Mr. Speaker. Gentleman has the floor  for an announcement. The house judiciary  fore committee will meet  tomorrow morning at 10AM in room 12381327. We have two bills on the calendar, senate bill 16, Supreme court sessions in Morgenton which is for your information the same as the bill we passed unanimously in the house earlier and senate bill 462 public authorities non profit co operations. For what purpose does the gentleman from Columbus representative [xx] irse?

For point of personal privilege. The gentleman is recognized to speak your point of the personal privilege. Thank you Mr. Speaker, members of the house I will ask to congratulate their Wolfs-park  for winning the only golf course championship against South Stanly, no one I just one more I guess smart to be representative from Norwad, but there I want to push that in too much, but I do want to congratulate them, and they have been big champion and astounding in the their defence yes for fine. what purpose does the Gentleman from Johnston Rep. Daughtry rise? To make an announcement. The gentleman has the floor to make an announcement.  As you notice on your calendar Judiciary one will meet tomorrow at 1230 in room 421 but their are two additional bills that would be added to the calendar and you will see that on your forward thank you. For what purpose does the gentleman from New Hanover Rep. Davis rise?  For an announcement gentlemen has the floor for an announcement. Thank you Mr. Speaker ladies and gentlemen of the house judiciary three will meet tomorrow 12:30 room 421. Senate bill 298 will not be heard that will be withdrawn at the request of the  sponsor, will be here in senate bill 423 and senate  bill 578, thank you. What purpose does the gentleman from Hayward representative Quene rise?   For point of personal privilege. The gentleman recognize to speak to a point of personal privilege. I have placed on all members desk a little flyer from Bosom range tomorrow we are going to have a real treat at the general assembly. This fabulous North Carolina blue glass band the 2014 IBM entertainers of the year, will be on our north protocol around lunchtime, for a little mini concert. So I hope you'll take time out of your busy schedule to enjoy some Fabulous, North Carolina will rest, thank you. Mr Speaker For what purpose does the gentleman from the Lake represent the   [xx] rise? to see if the gentleman from Haywood will yield to a question Does the gentlemen from Haywood yield to the gentlemen from qade? I yield. He yields Thank you Mr. Speaker, the question I would ask the gentleman from Haywood is will be there dancing and will legislators be permitted to dance? You never know. I can tell your buddy Melton is one of the best buck dancers in the country so maybe he'll [xx] and you never know thank you, For what purpose does the gentleman from [xx] representative of the [xx] rise? To a pint of a personal privilege. Gentleman is recognized to speak to a pint of personal privilege. This weekend, the South Granville High School Vikings won the 2A baseball championship and at the same time, the lady Vikings were bringing home A softball championship. This has only been accomplished four times in our state history and so I'd like to congratulate those children. For what purpose does the lady from [xx] representative to appoint a personal privilege The lady's recognized[sp? To speak to a point of personal privilege I just wanted to also add on the Boston[sp?] range is going to be here tomorrow. Western North Carolina have their story bluegrass[sp?] music history and their Boston ranges records and performances preserve North Carolina's bluegrass heritage that dates back 100's of years. Paper-town, the band's fourth album and the 2013 IBMA album of the year honor the county of ken a county that means a great deal to the economic vitality of my district and is better known as evergreen and thank you very much as the gentleman from [**] as Representative [**]. For a point of personal privilege. The gentleman is recognized to speak to a point of personal privilege. Thank you Mr Speaker, it gives me great pleasure announce that our Inca High cool softball team, the Sugar Jets, secured their title as the NCHSAA champions, this past Saturday, with a 10 to 0 win over North Gilford High. My condolences to Representative [xx]. The sugar jets had an undefeated season, 28 No. This is a first day championship since '96 as the best season, in the school's history. For what purpose does the gentleman from Campbell, and Representative Floyd rise?  Inquiry with the Chair The gentleman may state his inquiry Mr. Speaker, Representative Lucas and I

have an engagement for Thursday, and I would like for him to honor this, so I'm trying to get the schedule for Thursday. Well, it looks like this session will be at 11 am on Thursday. Thank you Mr. Speaker. For what purpose does the lady from [xx] Representative Conrad rise? For an announcement. The lady has the floor for an announcement. Committee will meet tomorrow at 11 am at 643 and check your email, we're adding one additional bill for discussion only, thank you. For what purpose does the gentleman from Union Representative [xx] rise? Point of personal privilege. The gentleman is recognized to speak to a point of personal privilege Not to be outdone by my associates around this esteemed body, but I'd like to announce that Marvin Ridge High School Mavericks, won the state 3A baseball championships this past saturday right here on Riley, beating Parkeville Lake Hawk 7 to 3. Congratulations for our first day championship for the Marvin Ridge Mavericks. For what purpose does the gentleman from [xx] Representative Shepherd rise? Mr. Speaker, for a moment of personal privilege. The gentleman is recognized to speak to a point of personal privilege We didn't have a school [xx] win a state championship, but my cousin is a principal at North Duplin, this is in representative Jimmy Dicksons District and North Duplin High School Vulcan girls won the state championship in one of the soft ball, so I just wanted to mention that and they have to represent the state For what purpose does The Lady from Burkham represent a [xx] For a point of personal privilege Mr. Speaker. The Lady has the floor to speak to a point of personal privilege. Many of you may not know but my son Jonathan lives in Japan, and this weekend his Kure Hiroshima Prefecture touch rugby team, the Kure Ship Heads, won their division championship this weekend. Thank you. Representative Fisher could you please repeat the name of that team. Rob Pepper says the gentleman from Marlow represented Bowls rice. Point of personal priviledge The gentleman is recognized to speak to a point of personal privilege   I'am not sure what our school won, but I know our citizens of Marlow won their super cup last night For what purpose does the lady from Franklin, Representative Richardson rise? Thank you, Mr. Speaker. For a moment of personal privilege please. The lady is recognized to speak for a point of personal privilege. I would like to announce that my ex-seat mate celebrated her birthday on Friday, and since her present seatmate did not announce it I decided I would, and I know she's going to get me afterwards, but Rose Gill's birthday was last Friday, thank you. The Clerk is recognized for an announcement. House Committee on Finance, sub-committee on Annexation and De-annexation will meet Wednesday, June, 10, 2015 at 8.30 A. M in 1425. House Committee on Health will meet Wednesday, June, 10th at 10 A. M in Room 643.   Further notices and announcements now the gentleman from Horny Representative Luise is recognized for a motion.   Mr. Speaker in honor of all the sports accomplishments of the students of this great state. And [xx] of bills and resolutions, recieving community reports. I move that the house adjourn to reconvene Wednesday June 10th at 2 o'clock P. M. Representative Luise Moores seconded by Representative Brody that the house adjourns subject to the referral of bill and resolution questions and receiving committee reports in order of the great sports accomplishments of the states north Carolina and japan, I believe, that the house has joined to [xx] to have it 2 PM those who in favor to say aye aye those oppose no the aye have it we stand adjourned.