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House | September 14, 2015 | Chamber | House Session, Part 3

Full MP3 Audio File

The house will come to order. Members earlier today we did the pledge of allegiance and a prayer. So we're now prepared to move into the calendar for this evening. I do want to first welcome our nurse of the day, we have Carney Bishop from Gibsonville North Carolina. Miss Bishop we're glad to have you with us. Please join me in welcoming her with us tonight. Also on behalf of the member from Yancey, Representative Presnell the Chair is happy to extend the courtesies of the gallery to Chris Lepard who is her daughter. Ms Lepard, where are you? We'd like to welcome you. Thank you for being with us this evening. Gentelman from Meckenlberg Representative Bryant is recognised to send forth the commitee report the clerk will read. Conferee's report to resolve diffrences between the senate and the house represesntatives house bill 792, a bill to be entitled enact to protect the public from [xx] posting on line for making them a criminal offence, to disclose certain images where there is in responsible for the tape. Expectations of privacy to the right of indecent exposure. [xx] private premises of criminal offence. Senate Judiciary 1 Committee substitute adopt 72315 [xx] file 15 the final report, the house in the senate agree to the following amendment to the senate judicial run committee substitute adopt 723 15, fourth edition [xx] 15 and the House concurs on the Committee substitute. As amended, on page 1, lines 16 after leaving those line submitted to follow. [xx] making human parts, male or female genitals. Male or female conferees for the senate, Senators Jackson, Barefoot, Randleman, Curtis, Robinson and [xx] conferees of representatives Representative [xx] Representative Bishop Faircloth of [xx]. Calendar, and members, let's get the body's attention please the bill that was just read in was a conference report on house bill 792, the chair will intend to calendars this bill pursue the rules for tomorrow but it doesn't appear that will be the only bill for tomorrow's calendar at this point that would be where a vote will be  taken. House bill 334 the clerk will read. Conferees are supposed to resolve the difference between the senate and the house representatives on bill house 334 a bill to be entitled an act to establish some chartered schools located under the state board of education to modify the chartered schools advanced method and to enhance the chartered schools application process education, education committee substitute adopted 722, [xx] submit the following report. The house and the senate agree to the following amendment senate education, higher education committee substitute about 722 15 fourth edition and goes 723 15 and the house concurs on the senate committee substitute as amended the link to entire senate education, higher education committee substitute adopt it's 722, 15 fourth edition propose conference committee substitute 833-PSSC 10438-TC-5. The recommended for the senate house representatives doctors report appointed report September 10, 2015 Senate [xx] Daniel, Meredith, Clerk. Sanders and [xx] conferees for house bill representative. Representatives Stan chair, representative Gither, Hager, Bryan, Brockman, Cunningham For what purpose does the gentleman from Wake [sp] Representative Stem [sp] rise to make a motion and debate the motion?   The house will come to order. The gentleman is recognized for a motion, I move we adopt the conference report. The gentleman from Wake [sp] has moved that the House do without the [xx] report. The gentleman now has the floor to debate the motion. Thank you Mr. Speaker, members of the House. I hope you all vote for this. Let me first tell you what the bill is not since what it's not has gotten more debate than what it is. This does not relate to local or state funding of public charter bills. Instead this relates to how

they're approved, how they're disapproved and the structure of the Charter School System. The second thing it's not is it's not the original house bill which was Representative [xx] bill. His section is one section in here which is number section seven that allowed public charter schools to charge some fees in jurisdictions where the traditional public schools are also allowed to charge fees. We sent it over with that one section as is somewhat customary, it came back with many other sections but we had a very good conference committee and I think everybody on our conference committee had plenty of input and we tried to take the position of the House as much as possible as much as we could discern it even though there was not an underlying House bill. It's one of these non-page bills so I'm not going to take you through it section by section. I'll just hit four or five highlights, there's been some disagreements between the State Board of Education and the Office of Charter School, Office of Charter School's bill within DPI. This makes it clear that the executive director of that advisory board, reports to, is hired by, fired by and paid by the State Board of Education. It, I think one of the most important provisions, it allows a weighted lottery. A weighted lottery, which as you know, if a Charter School is filled and many of them have long long waiting lists then those who are admitted, or admitted by lottery. Now, it's not the state education lottery, this is a lottery amongst children. But if a school has a Particular mission to a particular kind of student then this would allow them to wait for lottery toward that kind of student. For example if it were a school that it's mission was to help at risk low income children then those kind of children would get extra weight in the lottery, if it was a school to specifically attract people who had interest in chess or checkers or things like that then the chess players might get an extra vote in the lottery, but because second example doesn't happen but the first example another issue that has been raised in the past is some applications for charters had been rejected for what many thought were trivial ridiculous reasons like an application would have the information and paragraph one instead of paragraph five, this gives applicants a chance to correct their applications without having to wait another year. And the Representative's Jeter's provision, I've already mentioned allowing some fees to be charged at a local LEA in which he leaves, charges similar fees. I would mention that there is one provision that relates to status and that is the final section 10, and this was inspired by situation involving representative Holley's niece a person who was born visually impaired got a special aid scholarship and three years later when she was being re-evaluated they told her well she couldn't get the scholarship anymore because the private school that was accommodating her so well that she was doing so well academically that she never so that she couldn't qualify so this changes that situation for the better before answer any question, I ask you to vote yes. Thank you Mr. Speaker. For what purpose does the gentleman from Durham representative Luebke rise? See if Reverent Stan yield for a question. Does the gentleman from Wake yield to the gentleman from Durham? He yields. Representative Stam, you didn't tell us, under whose authority is currently this office of charter schools. Well, we are not that the senate bill, this is a confusion and its on the short title of their bill transfer the office of total schools from DPI to the state worth education but the house conferees said no not doing that the office of charter school remains under DPI under this bill. It was and it remains. Does gentleman ask question?  The executive director is appointed by whom this bill.

The executive director will be appointed by the state board of education. But it would be a dual report, executive director reports to the state board of education, is hired by fired by salary by but the executive director will also report for administrative purposes to DPI. Speaking on the conference report. The gentleman from Durham has the floor to debate the conference report. Members of the house, this bill and this conference report comes ruling of the senate that the import itself is from the senate, it was put together with tend to deprive authority really from the department of construction and bring it over to the state board of education. The reasons that the senators pushing this bill, the majority in the Senate felt that the department of public construction is not what they wanted the authority for charte schools to be presumably because they didn't like the way the department of public construction was dealing with the office of charter schools. That seems to me to be a poor reason to be shifting things around. If you do not like what the department of public construction is doing, there's always an election where you can replace a superintendent. And that's the way this situation has been and what we have in this conference report, is really shifting authority away from the department of public construction that it should not be, just because some members of the Senate don't like what the DPI has done and it relationship to the charter school it's not a reason to shift responsibility away to The State Board of Education from the Department of Public Instruction. I urge you to vote no on the current report. For what purpose does the lady from Surry representative Stevens rise? To see the sponsor we have question. Does the gentleman from Wake yield? He yields. Thank you, Representative Stam. So does this put you on the record as supporting a true education lottery? Yes. For what purpose does the gentleman from Crave Representative Speciale Rise? To see if Representative Stan will yield for a question. Does the gentleman from Wake yield to the gentleman from Craven?  I do. He yields. How are all of these students selected now for all the school, is it just first come serve? It's first come first serve, unless they're filled up in which case if they're filled up there's a lottery. That's the way it is right now. Does the gentleman wish to ask an additional question? And does the gentleman form Wake yield? I do. He yields. That's the way it is now that's the way will be under the Bill the only difference is that if there is a lottery, you can give additional points to people to students who fit the criteria that the school is looking for. Okay, speaker on the Bill? The gentleman from Craven has the forward to debate the Bill. That's the only thing that I'm concerned with on this, is that we're going to decide who gets in those schools and who doesn't. And the one thing that we've got to tell the people right now is that the chatter schools are public schools. When they talk about them being funded and everything else, and everybody has a fair shot of getting into it, but when we start manipulating the requirements and we start manipulating who's eligible and who isn't, that changes the whole focus of it. I have a real problem with that. For that reason I'm going to vote no on this Bill. For what purpose does the lady from Bunco, Representative Fisher rise? To ask a question of the report sponsor for [xx].  Does the gentleman from Wake yield to the lady from [xx]?  I yield as the Chair of the House conferees He yields. That's what you are. Thank you. My question has to do with funds. I think it was in section two. Maybe it's now in section three. Could you address the transfer of money's that's going to be going to this charter school entity? Well this bill doesn't address funding and not going to address your question and Representative Lucas at the same time. You may be looking at the previous addition of the bill the four page senate bill. Yes. But you aught to be looking at the nine page of conferee report because we did not do what representative Lucas said the senate intended to do. The house conferees said no. The senate bill had a

tight and transfer of money and personnel and we said no to that.  Thank you further discussions further debate, for what purpose does the gentleman from Union Representative rise That's to ask the conference chairman a question. Does the gentleman from Wake yield to the gentleman from the union?  I do. He yields. Thank you representative Stan, on page three where you actually set up this North Carolina office of Charter Schools. Establishment of the North Carolina office of Charter Schools and you point them and from the membership they elect their chairman and then they, reading this correctly, they then hire an executive director, is that correct? Well, first of all, there already is an office of Chatter Schools, this is just putting it in statute and say where it is administratively located, and that that's probably where my confusion is, excuse me. Right. That the governor appoints the chair of the Charter Schools Advisory Board. There are two different entities, the office of Charter Schools and the Advisory Board. So there follow up. Does the gentleman from Union wish the ask an additional question? Follow up, yes. I Yield. And does the gentleman from Lake yield? He yields So just so I understand, there is of course the North Carolina office of chatter schools currently in existence and this bill moves it into statute from, clear that up for me if you would please. It puts it in the general statute where the offices already exist in DPI, and this says it's still DPI.  The Senate Bill wanted to put it somewhere else we said no. Thank you. For further discussion for the debate. If not the question for the house is the adoption for the corporate support in House Bill 334. Those in favor will vote those I, those opposed will vote no, the court will open the vote, the clerk will lock the machine and record the vote, 85 having voted in the affirmative and 19 in the negative, the conference report is adopted, the senate will be so notified. Notices and announcements, for what purpose does the gentleman from Bradford representative Heger rise? Mr. Speaker I have an announcement in a point of order. Gentleman is recognized for an announcement, thank you Mr. Speaker the the Republicans will concuss tomorrow, 11 A. M in 544 and the gentleman is further recognized for a point of personal privilege Mr speaker, I think we have a violation of rule 12H Representative Jitter is wearing something I think most of us consider very offensive. We'd ask you to remove it or move to South Carolina Georgia we don't really care. Representative Heger unfortunately bad taste is not a violation of the rules. For what purpose does the gentleman from Cumberland representative Floyd rise? Inquiry Chair. The gentleman may state his inquiry. Mr. Speaker concerning about the calendar remaining time for this week. Yes sir. The gentleman may state his inquiry retain to the calendar. Mr. Speaker are we going to address any from of the budget during the remaining of this week? Is the gentleman asking about the type of voting in the budget? Yes sir, the budget will under our rules, the conference should be online or a couple of hours or so, how long it takes for staff to finish compiling and have it ready to go and our work because under our House rules, the Senate Speaker's vote on the Budget would be Thursday and Friday. So at this time the votes are planned for Thursday and Friday. I'd just request Mr. Speaker. The gentleman is recognized for further inquiry. The Speaker could, is it possible that the rules be suspended to move the Budget up earlier? It is. The gentleman, if the gentleman would like, may make such a motion to suspend the rules of the gentleman, I believe it's Rule 44D Mr. Speaker Yes sir. For what purpose does the gentleman rise? I move to suspend House rule 44D, to the end that the conference report for House

bill 97 be countered for Wednesday. The gentleman is asking that the second reading occur on Wednesday with third reading on Thursday, is that correct? Yes sir. Gentlemen, the motion is properly before the body, for what purpose does the gentleman from Harnett representative Lewis rise? To debate the motion. The gentleman has the floor to debate the motion. Thank you Mr. Speaker. Ladies and gentlemen of the house, the gentleman from Combo has moved to suspend house rule 44D which is designed to give three legislative days for members of this body and members of the public to review the appropriations Act. I think it's important that there be as much transparency as much ability to review the Act as is possible. In this instance however, the gentleman's motion we would allow until Wednesday, so we sermon all members will certainly have all day tomorrow and most of the day on Wednesday to review the budgets, so, in this instance, I'll rise to not oppose the motion to suspend the rules. For what purpose does the lady from Buncombe representative Fisher rise? To debate the motion Mr. Speaker. Lady has the floor to debate the motion. With all due respect to my colleague Representative Floyd, I think that it's important that we stick with the rule that we established at the beginning of the session that gives a chance for this bill to sit so that not only members can have a chance to thoroughly read and mark and inwardly digest it, but for the public to do the same. And so I would ask everybody to give this due consideration, but I will be voting no. Thank you. For what purpose does the lady from Orange representative Inscur rise?   To debate in motion. The lady has forwarded to debate the motion. Thank Mr. Speaker, and ladies and gentlemen of the house this is the state budget. This is a decision that we're going to make on the state budget, the public has not seen this bill. We haven't seen the conference report, it's complicated, we need time to study, the public has a right to expect us to do our duty, I believe that representative Floyd may be worried about an we're having for representative Glazier and there may b some interference with that. I would tell you that representative Glazier would not want us to do that. Please vote no on this motion. For what purpose does the gentleman from Wake representative Martin rise? To debate the motion. The gentleman has the floor to debate the motion. Thank you Mr. Speaker, I appreciate the house conferees have done but I do have some concerns that the 500 page plus budget has a lot of stuff that may have come over from the senate that we have not seen and I do think it will be a deep aggregation of our duties to our constituency and a shameful dispensation of our responsibility to speed this up, so I strongly oppose this motion and urge you to vote against it. For what purpose does the gentleman from Guildford representative Blast rise?  To speak on the motion The gentleman has the floor to debate the motion. Thank you Mr. Speaker and members of the house. I have mixed feeling on this motion and I'd like to know a little bit more before we vote on and I'd like to See if the gentleman who made the motion would be willing to at least hold of on the motion till tomorrow once I know more and feel my colleagues might be more comfortable with knowing what is in the budget and might be willing to support this type of motion, but I'm uncomfortable with voting for it now, just because I've got such limited knowledge on what's in a 500-page conference report. But it might be something, I'm personally willing to support at another day. Mr. Speaker. For what purpose does the gentleman from Gaston representative. Inquiry of the chair please. The gentleman may state his inquiry. If it is sometime on say tomorrow or Wednesday it is determined as sufficient time has not occurred to have everyone look at the budget and the areas that are keyed upon, could not a similar action take place that the vote could be moved back to a Friday, this is simply a wish to go to Wednesday, Thursday. That motion would be in order. The judge and of course, the the further side is that one can make the motion tomorrow to modify the voting, either motion is appropriate though.  For what purpose does the gentleman from the Nash representative Collins rise? Inquiry to the Chair. The gentleman may state his inquiry. Is it possible we can link this motion

at perhaps a decision from you to hold this our Wednesday session at a later than normal hour perhaps similar to the hour we're holding this session. If that would give the body some comfort in having a vote on Wednesday, the Chair could certainly convene a session at 7.00 pm Wednesday evening if the body what's to do that. What purpose does the gentleman for [xx] Representative Louise arise?  Mr speaker may I ask the general, Representative Floyd a question. Does the gentleman from Cumberland yield to the gentleman from Harnett?  I do. He yields  Representative Floyd, members have expressED their concern. They want to make sure that they are able to full read and digest the budget, certainly that's a reasonable request Must be contemplated by the rules, your effort is wow, I personally appreciate it to go ahead and expedite this process. I wonder if you would consider for today, withdrawing your motion and allowing members to review the budget tonight and then perhaps considering offer the motion tomorrow if that's still your intent to do so? I do. Does the gentleman wish to withdraw the motion this evening and make the motion again tomorrow? Yes sir, Mr Speaker, after we get out I have to make a statement, I appreciate. The gentleman's motion is withdrawn. For what purpose does the gentleman from Wake, Representative Dollar rise? Announcement. Gentleman has the floor for an announcement. Just following on the conversation we just had as the speaker has indicated, the conference report will be online in the next few hours, and obviously will be read in later tonight. Your hard copy should be in your hands with your money report sometimes tomorrow morning as soon as the printing presses are able to put all this paper together and stable it, and the sergeant at arms would be bringing it around to your offices, so you should have it, as it stands right now you should be able to have your hard copy of the bill and the money report tomorrow morning delivered to your office. For what purpose does the Lady from Buncombe, Representative Fisher rise? For an announcement, Mr. Speaker. The Lady has the floor for an announcement. The Democrats will caucus in our usual room at 9 o'clock tomorrow morning, thank you. Members to give the body some idea of the schedule tomorrow, the Chair intends to that we adjourn until noon tomorrow and at that time the items that will be up for discussion, that will be on the calendar will be, I believe it's House Bill 792, was a conference report which was read in previously and in if the gentleman from Cumberland wishes to make a motion pertaining to the hearing of the budget bill to take that up tomorrow, I will tell members should the body wish to wait before three legislative days. The Senate does not have a corresponding rule. The Senate will be taking their budget [xx] tomorrow and Wednesday. So just so the body would know, but if we do the chair has received the number of requests from both sides of the political aisle frankly that if we do have a Thursday Friday session, that we have a Thursday session and then we have a very early morning Friday session, has right after midnight. That's the request the chair has received From both sides, from members of both sides there I know one officially. So that the budget can be delivered over to the governors as quickly as possible, but the parties are aware that deadline we are approaching with see us just for planing purposes we are should the schedule not change we will be voting Thursday and Friday, for what purpose does the gentleman from Durham representative Rookie rise? A question of the chair. The gentleman may state his inquiry. On a different topic, I don't believe you gave us the title of the conference board for 792 It was the online impersonation, it was I think it's the title. It was read earlier this evening it will Calendar tomorrow under normal process. But again could you give me the short title pf the bill, would you have that? Or the clerk will give us that. Madam clerk would you Privacy protections from revenge postings, I believe it's actually representative Bryant's bill. Thank you sir. Further notices and announcements, if not the gentleman from [xx] representative Luis is recognized for a motion Mr. Speaker

subject to messages from the senate, The state of committee reports conference report to legal affair of bills and resolutions in the [xx] conferees, I move that the house do now adjourn to reconvene Tuesday, September 15, at noon. Representative Luis moves, seconded by representative Floyd, that's subject to receipt of messages from the senate. Committee report, conferees report, will follow those resolutions and public conferees of the house is now adjourned to reconvene Tuesday September 15 at 12 noon favor would say I? I! Those oppose no? The I's have it, we stand adjourned.