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House | August 6, 2015 | Committee Room | Rules, Calendar and Operations of the House

Full MP3 Audio File

The House Committee on Rules Calendar Operations of the House will come to order. Before we begin, the Chair sincerely apologizes to all of the members, staff and our guest. I was detained at a meeting that I did not know it was going to be called. We do appreciate our House Sergeant-at-Arms, Joe Austin, Bill Morris, B. H. Powell and Miss Martha Gadison. Our Pages that are with us today Jacob Lester, Josiah Lester, Katie Dennis and Drew Ritzel. Thank you for being with us today, and for your service. Members, it's the Chair's intend to get through quite a few matters today. The first up will be a proposed Committee Substitute for Senate Bill 698, do members have copies of 698? Is there objection to consideration of proposed committee substitute for House Bill 698? Seeing none, it's so ordered the Chair is going to recognize Representative Presnell to explain this proposed committee substitute. Thank you, this is to try to keep the Loyal Elementary School open, the Superintendent closed it the day after school ended this Spring, and I just want to tell you it has 49 students in it, this is an elementary school from K-5. These students will have to be bused in hour and 50 minute one way to get to Hot Springs elementary school. I just think that's too long for an elementary school students to have to drive. The middle school and high school they already drive that far and that's I understand that, but not for elementary. Excuse me Representative Presnell. I want to, I'm sorry. Representative Torbett was seeking recognition. For what purpose Gentleman. For motion, Mr. Chairman. Gentleman is recognized for a motion. Move for favorable report, no referral [xx]. The gentleman has moved that proposed community substitute to House Bill 698 be getting a favorable report, unfavorable to the original bill. For what purpose does the Gentleman from Johnston rise? I want to ask a question of bill sponsor [xx] the school board, favors the bill or not? Well, they closed the school so I probably not. The school board probably will not favor it. Representative Paul for what purpose. Question for the bill sponsor. The gentleman is recognized. Is there any specific value to the local school board policy that it's been [xx]? No, this is to keep the school open a long for us to put a charter school there. If they want to close it, it's going to be a three year pilot for a charter school. Gentlemen is recognized. Where was notice first given to public that the school would be closed? I believe it was June 17. The public heard about three, four days later, they had a community meeting. Representative Blust. Are you hearing anything from the parents involved because sometimes its easier to take your kids [xx] to one place. Are parents in favor of this? Absolutely, they all. Yes, they are in favor of the school opening up and staying opened. This school is only 10 years old, the building is, it's completely Wi-fi, they have to keep it open now anyway because they are seniors that meet and have lunch and through out the, so it's going to have the lights and the heating. They have to have flood insurance no matter what because the creek is right behind the school so they still have to do all that. So, what's the point in closing? Representative Jackson and then Representative Bumgardner. Representative Jackson. [xx] It's just a couple of question. [xx] any president to this? [xx] this type of action before? Mr. Brody, did you want to, can you address Representative Jackson's inquiry? [xx] I'm not aware of similar legislation that would require school to be [xx]. I will tell you that when senator Debbie Clary, when she was in the senate, I guess could have been in the house but she did do the exact same thing. And I think she lives on the coast. I don't know what year. Cleveland County actually. That's close country county. Representative Jackson. And then the second question is Senate Bill [xx] where it would be the Superintendent or members of the school board?

This is the PCS on that bill. And Senator Hise is my senator and he's great with this. [xx] The gentleman is recognised . Did you notify the school board superintendent that you were taking this action today? Yes I did. And are they here today? No. Representative Bumgardner. Thank you, Mr. Chairman. What was the reason they gave for closing the school? Because there's only 49 students. Did they say anything else? They did a study. They did a whole study on it. Not a lot that they've said specifically why. It was just that it cost more money, they say, to keep it open but I've got a list of their whole funding and everything. The way I see it all the administration and teachers, K and 1 with one teacher, second and third grade with another teacher, and fourth and fifth with another teacher and one of them was the principal. And she was only getting paid teacher pay which I understand, but they did take those teachers and put them in another school. So that's the major cost on the whole thing. Representative Davis. Thank you, Mr. Chairman. There was a previous question I asked if anybody from the school was here the answer was no. My question was were they given any notice? No, they weren't. Which i assume they weren't but we just found out about [xx]. This has been a very quick process. Thank you. Representative Floyd. Two quick questions. Number one in my [xx], how time sensitive is this, Mr. Chair? Well, Our school starts the 17th. Of August? Yes, and so they need to, it's just a matter of opening the school back up. Everything is clean. They're going to have to put the teachers there. But this is just to be so that this keeps it open for two years but I don't look for that to happen. I feel like it will be a matter of maybe a half of a semester, maybe by December we should be able to open it up as a charter school. Follow up, Mr. Chair. The gentleman is recognized. How much was construction cost for this school if you say it will be of 10 years ago. I don't know. I don't have any idea. Further inquiries for the lady, the chair apologizes. Representative [xx]. I don't know one thing about this bill, and this bill doesn't allow, I'm assuming hasn't been through education? No. This is the first time anybody has heard of? I guess so Senator. [xx]. Is there further, Representative Paul. Just to clarify the question Mr. Chairman, this go to bill sponsor. They build these [xx] closed or consolidate, I got the impression from the bill sponsor's statement that they had in fact closed the school, transferred the staff, is the school opened on the books or is it actually closed for operations, and we're are opening versus saying not to close? It is closed on the books as of June. Well they told the teachers the day after school got out. I'm thinking it was the 17th, and then they had a public meeting the Thursday after that and the parents, many of them noted in here. Tuesday, less than a week later the community was told and then the next Monday the board meeting, and they officially closed it. And at that board meeting was the first time that the teachers saw the study. So they closed it very quickly, and I just want to have time to get all this together. Representative Fraley. Yes, Representative Presnell you mentioned that there was high school students that go there, so buildings is going to have to be open anyway? No. Some other students go there. No, these are senior adults, they have like [xx] and keep it open. So, [xx] where have those people been sent now? Yet the school was closed back in couple of months ago, where are they going now?

They are still going to be there, that's what I mean. All the electric field will be on. And they have to keep the flooding insurance up no matter what. Representative Gray[sp?]. Thank you Mr. Chair. One of the questions I would have, it seems like it's staff would probably have to answer this question. We, the state of North Carolina, we legislate [xx] , we have local government, school boards and your demanding they open this [xx], once the school board is gone to process to close it, and we pass legislation so then to open it back up, that affects the local school board's budget and since no one is here from that community or that school board, I reckon to the state, what happens if they don't have the money to operate, could the law term this, who's going to pay for that? It's not a easy question but what is a question is, the address [xx]. Carol for our research division, if this were to be enacted, the school system would be required to use an existing funding, possibly go back to the county commissioners if they needed to for [xx] conditional funding. It could continue to operate. Representative Tine. I'd like to ask if the bill sponsor might consider having it go through education or some other that obviously the chair's permission and the motion givers amending is simply because I think there's obviously a lot of misgivings because we're not hearing anything other than one person's assessment of it, it's just creating some uncomfortable positions or rather [xx], if I'm reading it accurately, I was wondering if you might be willing to allow it to have another vetting hence we go there. It's just a suggestion, Mr. Chair. Members are requested of the bill sponsor, the bill is going to be removed from today's calendar, so Representative Torbett's motion would no longer be an order. Members you shouldn't have [xx]. Representative Floyd, I may get on to the [xx] to this policy, can it be re-calendared that they allow the school board to come, someone that could get [xx]. Let the Chair speak briefly to that. It is the Chair's understanding that the member considers this extremely timing sensitive, since Chair would anticipate there will be another hearing on this matter in a pretty timely faction. In terms of a motion to re-refer, I don't know that the Education Policy Committee will necessarily be a place to which it could be re-refer, so I would imagine when the bill comes back up, it will be in rules unless I am nstructed to move it somewhere else, Representative Floyd. Well in response to that, that would be public that 9 O'clock notice telling at least they could be here, whatever action does the board take. The Chair accepts that time admonishment and will direct that occur. Members you should have before you, a proposed bill draft from the sponsors of the committee on rules, calendar and operations of the house. This is an attempt to introduce this resolution which will then be re-referred to rules to be discussed. Representative Torbett moves that the House Committee on rules does fatally report this bill out for introduction in the house. Is there any discussion or debate on Representative Torbett's motion? Representative Hall. Procedure would be in custody, will leave here and be available and

be heard in the transportation the world, where will it going, what is the anticipating path for referral? Representative Hall the bill will be filed in the House and it's ultimately referred by the speaker of the chair when anticipate it, will come back to rules because of the nature of the bill. This is bill number, this would be bill draft, have the bill would terminate the contract over that 77 is actually will come after the green. I'm so soft. Okay. Do the green. So members to be clear, Representative Torbett has moved that bill draft before you 2015 -LG-121 version 6, short title a House resolution respectfully petition decision stamp advisor committee of United States postal service and post master general of United States to issue a commemorative stand on in the [xx]. The favorable report from rules for introduction in the House. Is there further discussion or debate? Seeing none, those favor with the motion will say Aye, Aye. Those oppose, will say no. [xx] the Chair the aye's have it and the Bill will be fouled in the House of Representative. Members, we're now going to move to a proposed committee substitute for Senate Bill 15 for the House rules is what's set out to members last night. Just as background, the Chair will like to inform the members of the intended path of this Bill. The intend of us here in this Bill today was to release the proposed committee substitute, which the Chair is pleased to announce is negotiated language between the House of the Senate and the executive branch, the sponsors of this Bill. Bill shouldn't be reported favorably from rules would be referred to the committee on finance and will be heard next Tuesday. So representative Torbett moves that a proposed committee substitute to Senate Bill 15 be given a favorable report and re-referred to the Committee on Finance. Is there further discussion or debate on the motion. Representative Torbett. Thank you between [xx] who is more on the understanding between the executive branch and [xx] branch on I believe that would be number three, if I remember correctly. In a previous session, I believe the Governor had 18% [xx] . Representative Torbett, the chair will attempt to respond to that, the governor had concerns on the drafting of a previous bill, last session and if I and it ultimately the governor vetoed the bill, the governor and his staff have been involved with the with the discussion of this bill and they are content with how this would work, just for the benefit of the members here. What this would do is confirm all three of the governor's appointments to the employment security review board and it would also create a staggered turn system so that all three would not turn over at the same time. We good? Are there, Representative Floyd. Now this type of question page seven, I know I lifted from the voter Id bill I think it was 589 when it lists the voter identification that's necessary, the concern that I have I know it [xx] address and six that a lot of students here's the college which is different from the photo ID. And that some [xx] that if a student has a college ID that could be utilized. I know that it gives administration threre , but I think that this is different that the voter ID, that it calls ID would be utilized if they [xx] well. Members [xx] and the Chair Police Secretary General Fowel is here from the department, Secretary Fowel on the front row, chair is not wearing his glasses. Would please come forward sir, and address the inquiry from Representative Floyd? Good afternoon, Representative Floyd, the photo ID bill is something that we had instituted over a year

ago, it's in our rules which have been approved by OAH. As you might remember, the requirement in the United States according to the president Obama's homeland security had a photo ID to get a job. So, we went to the Center of Integrity and hit up on the ID that it is a requirement to show photo ID to get a job then it should be a requirement to show a photo ID in order to get an employment in [xx]. Now this is what beautifully of the last yaer in all this provision that you're referring to is doing, is adjusting it with the i9 form that comes out of homeland security department. As far as the options of what people can present. Representative [xx]? I understand that, my idea is that what we did here, this came out [xx] it looked like the exact language some modification from what we have in the photo ID, so my [xx] is the top [xx], that's all, that the apologizing can be permissible that's all. Secretary Palmer[sp?]? I have no knowledge of what's in the voter build in North Carolina this language was taken directly from President Obama's Homeland Security Department i9 form types of identification that people can present to get a job in United States, any job so we're just using the same language there. Thank you. Further inquiries Representative Bar[sp?]. Mr. Chairman just on this Division Reform Security Board of Review the three names you've listed here [xx] by 2013 but the first time that the General Assembly [xx] confirmed the three individuals then we know that normally when we're confirming individuals we know something about them, before we vote it confirms in [xx] but. Representative[sp?] this would be the first time the General Assembly had voted to confirm these three, to the best knowledge of the Chair again, these folks have been in place for over two years, they've been acting with the full authority. This is perhaps a backstop to get something that should have been done two years ago to be frank with you, yes Sir. Follow up. Well perhaps [xx] before someone from the Governor's office could actually send us a bio or something on these individuals so we know who we're voting to confirm for these positions that would be helpful. The Chair will direct the Rules Committee staff to send out to all of the members of the House the bio upon your request. Representative Floyd, yes Sir. [xx] till they have, they may not. Are these members required to fill out an economic financial statement? Yes Sir, and they already have. Are there any further enquiries on Representative Torbett's motion to give this proposed Read-substitute[sp?] a favorable report? Representative Blust. In this instance a bio would be helpful, but with two years on the job, have any of them had any problem doing the job? What's their job review like so far? Do you want to take that? the Chair is going to that to throw that to his Secretary [xx] The Board Review is obviously something that's belongs to the executive branch so they appoint the members. Embedded in this bill is a study by the legislature's PED department to look at the efficacy and need for the border review going forward. And I think once the PED department does that report then you'll have a more clear and conscise answer to your question. Further discussion or debate? seeing none the question before the committee is the motion from the gentleman from Gaston, that the proposed committee substitute senate bill 15 be given a favorable report and the bill will be re-referred to the Committee on Finance unfavorable to the original bill. Those in favor will say aye aye. Those opposed will say no. In the opinion of the Chair, the ayes have it and the bill will be so reported. Members the Chair apologizes, the Chair did not even point out that the bill sponsor Senator Richard was here and sincerely apologizes for, but we do indeed welcome you to rules and apologize for that. Members the Chair again

thanks you for your Bills yesterday, the Chair sincerely appreciates the times that each of you gave and apologizes again for being late, there is no further business to come before the committee at this time, and the committee will stand adjourned.