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House | September 23, 2015 | Chamber | House Session

Full MP3 Audio File

The house will come to order, members will take their seats, visitors will retire from the chamber, the sergeant-at-arms will close the doors. we'd ask all members and all visitors to please silent the electronic devices. This morning's prayer will be offered by Representative Broody, we'd ask that all members and all of our visitors please stand for the prayer, and remain standing for the pledge allegiance. Representative Broody Thank you, Mr. Speaker. Gracious and sovereign Lord, we pray as your servants in this legislature that you keep us faithful to the solemn office for which we have been charged. Guide and direct us to fulfill your purposes according to your word. Give us council and aid that we may preserve the integrity and honor of this state, protect our neighbors best interests and uphold and preserve all of life you have given us. Lord, watch over and cover this great state with you blessing and protection. Grant us an exceeding potion of you wisdom when needed a clear mind for discernment, a boldness to do what is right in your eyes and a passion to strive to meet the needs of our citizens within the limits and constrains you have placed before us. Grant us firmness to maintain and promote law and justice and make us a leader of a people who would do your righteous will in our state and nation. We ask this in the name of your son Jesus Christ. Amen I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God, indivisible, Liberty and justice for all. The gentleman from Gaston, Representative Torbett is recognized for a motion. Mr. Speaker the journal for September 22 has been examined and found to be correct. I move that it be approved as written. Representative Torbett moves that the journal for September 22 be approved as written. Those in favor will say aye, Aye, those opposed vote no, the Ayes have it, the journal is approved as written, ratification of bills and resolutions. The clerk will read. The [xx] reports the following bills due presentation to the governor. Senate Bill 97, enact to modify the membership of state advisory council mainly in education. Senate Bill 370, an act to use electronic to sign in, not to take certain documents required by the division motor vehicle that revive that are secure shall provide electronic notice of satisfaction from other discharge over security interests [xx] in motor vehicles for which certificate and title is noted by the lean through electronic leans. Senate bill 472, an act to authorise local government to appropriate money for historic, rehabilitation and to clarity the standard requirements for appropriate transfer for local economic development. House bill 361 an act to provide [xx] valuation in the life insurance standard evaluation law and standard on [xx] provisions of chair provisions as North Carolina insurance law to make conforming and clarifying changes to the law [xx] employer organisations, make sure the company deposits continued care retirement communities, health insurance [xx] in insurance company names to revise the insurance policy renewal to amend the definition of a small employee and to make technical corrections. House bill 698, an act directing the commission for public health and adopt rules, to add screening tests for severe combined immunodeficiency in others t-cell, [xx] to newborns screening programs. House bill 850 enacted to provide authority for the [xx] to establish a police department, a travel alcohol law enforcement division[sp?], a natural resources law enforcement agency, probation and parole agency. Chapter bills are being noted. Chair appoint the following conferees to see the bill 238 Representative [xx], members Representative [xx], [xx], [xx] in [xx] the gentleman from Hornet, Representative Louis is recognize to send forth a committee report Representative Louis rules, calendar and operations of the house committee report. Senate bill 513. North Carolina [xx] 2015 house bill committee number two unfavorable house committee substitute number one and we will refer it to finance.committee substitute number one is placed on the unfavorable calendar. House committee substitute number 2 is refereed to the committee of finance. Members, we're honored today, if

I can have your attention we're honored today to have a number of the other clerks from around the country with us here today they are watching session and I would ask those folks who are with us in the gallery to please stand and ask my colleagues to join me in welcoming you all here with us today, thanks for being here. calendar, house bill 527 the clerk will read. Representative Bar[sp?] house bill 527 a bill to be entitled an act to provide a record municipal elections of municipalities of Stanley counties we have the help in even number of years to extend the term of office for the mayor city of Revere Ma from two years to four years to amend the charter of the city of Revere Ma authorize the city to sale, exchange or otherwise transfer of real properly to clarify the board of voting rules this will see the participating Board of Education and to end deligates in our counties to the list of counties covered by GS1538-15 General assembly of North Carolina enacts. For what purpose does the gentleman from Stanley[sp?] Representative Whitebar rise? To make a motion and then speak on the motion. Gentleman is recognized for a motion. Mr speaker I move that the house concur on on the changes to house bill 527.  Gentleman moves the house to concur with the, actually it's the same motion that concurs to the second reading. Motion concur, the gentleman has properly has properly moved that the House bill second reading, the gentleman now has the floor to debate the motion thank you Mr. Speaker, members this bill less the house I believe with new unanimous for what it is doing is moving all of the municipal elections in Stanley county to even number of years so that there would be more interest, more involvement from the voters, several technical changes were made and we also censored in a request to the city of Albamor[SP?] change the Mayor's term from two years to four years and while the bill was in the Senate, several Senators have had other local bills that they piggy back on to this legislation, and from speaking with several members in the house, there appears to be no a controversy with those individual items for the particular members. So we'd ask for your support on this motion. Further discussion further debate? For what purpose does the gentleman from Dome, representative Lukie rise? To see if the see if representative Burke, will yield for a question. Does the gentleman from Sternly yield to the gentleman from Dome? yes sir. He yields. Thank you Representative Brownley, Just trying to bring this up on dash board and [xx] to your remarks, did you say there will be a referendum on this in Stanly County. No sir, there will not be a referendum. After the municipal elections in 2015, the elections for the municipalities there will move either to either numbered years. There is no opposition from any that the towns in my community everyone is in support to this. Follow up. Does the gentleman yield to an additional question? I yield. He yields. So you are just saying that they did not object and do they, well they really don't object to this this is not a problem where there's a difference between the councils and this bill? No sir, no objection has been raised by any of the towns, the members of the council across the counties all support it. They think that it's certainly a good step in the right direction to make sure there's a higher voter turnout, more involvement in their election, and I'm sure if you of them don't mind the fact, they're going to get an extra year added on to their term. Thank you sir. Further discussion, further debate, if not question before the House is the adoption of the motion to concur with the Senate Committee Substitute to House Bill 527, those in favor will vote aye, those opposed will vote the clerk will open the vote. (BLANK) senator [xx] recorded the Representative [xx] the clerk will lock the machine and record the vote, 103 having voted in the affirmative and none in the negative, the motion to concur to senate committee substitute to house bill 527 passes it's second reading and will remain on the calendar. House bill 912 Clerk will read. Representative West, Ager, Stand

and Brody, House bill 912, a bill to be entitled Act to exempt real and personal properties located in travel lands of property tax regardless of ownership, and to authorize the department of revenue to enter into an agreement with the Eastern Van recherachy regarding the taxation of tobacco products and to amend the requirements of distillery permits holders to sell spirituous liquor distilled and premises of vesters distillery, General Assembly of North Carolina enacts. For what purpose does the gentleman from Cherokee, Representative West rise? For a motion Mr. Speaker. The gentleman has the floor for a motion. Thank you Mr. Speaker. Members of the house, I move that we do not concur in the senate committee substitute for house bill 912 and the conferees be appointed. The gentlemen has moved that the house do now concur the house bill 912, for what purpose does the gentleman from Moore Representative West rise? Thank you Mr. Speaker speak on the motion please. Gentleman has the floor to debate the motion. I support Representative West here again we see the ABC bills  snack in the bills at the end of the year, we've already gone through a bunch of ABC bills that were never, made it through committee. I understand there is going to be some more ABC bills coming, on form bill, also on farmers are wineries and so this is not the end of ABC, the end the year here, but this was, the distilleries worked out, they compromised being able to seal one biottle and all of a sudden, we don't even have a session, they want to change it again. So, I support not to concur and let Mr. Willis try to work it out. Thank you Representative. Further discussion, further debate, if not the question before the House is the motion to concur motion not to concur, for the Senate Committe Substitute for House Bill 912, 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. 102 having voted in the affirmative, and one in the negative. The motion not concurs is adopted, the Senate will be so notified, additionally the chair points as conferees to this bill Representative West Chair, members Representative Hagar, Representative Brawley, Representative Saine. Senate will be so notified. House Bill 117 actually before we do that Bill the Chair is going to do a re-referral. The Chair directs Senate Bill 95, Short Title Performance Based RIF/School Policy be removed from the committee on House NK12 or refer to the Committee on Rules Counter and Operations of the House. House Bill 117 the clerk will read. The Conferees appointed to resolve the differences between The Senate and House of Representatives on House Bill 117 a bill to be an act to enact the North Carolina [xx] act Senate Finance Committee Substitute adopt 816, 15 sixth edition engrossed 11, 15 submit the following report delete the entire senate finance committee substitute [xx] 8615, sixth edition engrossed 8, 11, 15 and substitute your tax proposed the Conference Committee Substitute HH17-PCCS-10445-RV-3 the conferees recommended the Senate and the House of Representatives adopts this report [xx] conferees approve report September 17th 2015 conferees for the senate. Senator Brown chair, Senators Apodaca, Rucho, McInnis Ravengun, Heiss, Tucker, McKissicl, Ryan, Davis, Clark, conferees for house representative. Representative Davis Lewis- Chair Representative Saine, Brawley, Szoka, Jeter, Martin, Collins, Steineburg, Davis, Ross, Bradford Daughtry, Goodman, Moore, Hamilton, Jackson, Tim and Bell all available. Representative Martin of Wilson is recognized. Thank you Mr. Speaker. Members we had a great third debate yesterday on this, and I think a lot of our priorities were brought forward we were all very interested in seeing north Carolina grow its economy and job so without further debate I would appreciate your support on second reading of 117 thank you.  Representative Luebke is recognized.  Thank you, Mr. Speaker and members of the House, and let me first apologize, I think apology is the word for not being able to be here yesterday. I have a full time job as opposed to this 'part time job' that

we have and I needed to be in my full time job. So sorry I could not have been part of that debate. Let me raise some issues that are troubling to me about this bill. First of all we have said as public policy that we want to lower the rate and exemptions and our special treatment in the corporate sector. I believe I heard the speaker Representative Stam make the exactly that point in house finance committee this morning to my concern is that what we are doing is we have set our policies to collectively the body said our policy is to reduce the corporate income tax, but here we are validating the policy by reducing the corporate income tax and putting special incentives in or it can be for specific companies. And this is particularly problematic in the two or three counties as as Durham. I'm speaking about my own county but let's just tell it straight companies are settling in Durham county are choosing Durham county who would do so without the subsidy, without the incentive. What we are just doing is giving away money which could be used in other settings. and it's just no reason to be doing this it's clear, it's still going back 15 let me think 15 20 years since we've been debating this policy that in the two or three counties that the monies are badly used and in the sense of the companies are in the almost all the case just coming anyway. Well I personally rather see us do is not have that kind of program but instead take the money say there and move it to our programs that can help our public schools. Why? Because really what attracts companies is the quality of our infrastructure. And North Carolina has been known for quality. Mr. Speaker. If we could have order so that we could all hear Representative Lucky. Thank you Mr. Speaker. What I was saying a moment ago is that I believe the money is inappropriately used by us, our state money to give to large corporations, corporations that are coming to the metropolitan, the tier three counties, including my own county, and we should instead use those dollars as an appropriation to the public schools so that we can improve the infrastructure of our state in particular improve our public schools. It's the infrastructure within North Carolina that has attracted these companies. That has made us a different state from other states in the south east. We should continue that and not support this bill because of those arguments. There is a second argument that has been raised in support of this bill and that has to do with the sales tax cuts, and this is particularly troubling to me because we are focusing on industries to give a sales tax rate to and I think we all know it's airport fuel, airline fuel, we know it is data centers, we know its NASCAR and it's jet engine. It's aircraft these four areas are major companies they are not going to live or die as to whether they get a sales tax break or not. That same time is we give this sales tax break,  just last week we raised the sales tax on the middle class the working poor, by putting the sales tax on services. So we have a policy here where we are helping groups that really don't need it. That we are putting a burden on our average citizens, on our constituents and we are not, I'm sorry that we did that but certainly if we are going to do that, we should not be lowering taxes for these major industries. So, I'm going to vote against the conference report and urge you to do so. Thank you. Further discussion of debate? If not, the question before the House is the adoption of the conference report on House Bill 117. All those in favor will vote aye those opposed will vote no. The Clerk will open the vote. okay [xx]. The Clerk will lock the machine and record the vote.

The ayes are 79 the no's are 23. The motion has passed. The Senate will be so notified. Notices and announcements? Will just be on hold for one moment, or at ease Representative Presnell is recognized while we wait. While we are waiting I want a moment of personal privilege Representative Fresno is recognized for a point of personal privilege for time not to exceed three minutes, lets have order please. I won't take that long, I just wanted to say happy anniversary to my husband. We've been married 37 years ago today, thank you. Representative Banns recognized. Mr. Speaker, I had a malfunction on the vote on House Bill 117. I'd like to be recorded as voting no. You'll be so noted. Representative Lucas is recognized. Thank you Mr. Speaker for a moment of personal privilege, your recognize, let's have order please. Ladies and gentlemen, those of us who are sports enthusiast would make note of the death of Yogi Berra he died at age of 90. Yogi was known not only as an expert baseball player but more commonly known for eight grade Yogisms such as it aren't over until it's over, or the future aren't what it used to be, we recognize the great exploits of Yogi Berra. Do we have small  Yogisms? Mr speaker When you see a fork in the road take it. Representative Dollar is recognized. And I did here warn this morning that supposedly he said some one had asked him sometime back where he wanted to be buried when he died and he said, I don't know, surprise me. Representative Peddelson is recognized for a moment And another one, it's de ja vou, all over Representative Blast is recognized not to exceed 30 seconds.  Thank you I found the truths of one of Yogi's statements just last night, driving home, it gets late awe-fully early in the fall Representative Hager are you ready for an announcement? I believe I am. Representative Hager is recognized for an announcement.   Thank you Mr speaker, Republicans will caucus in 544, 15 minutes after session Representative Fisher is recognized for an announcement. Thank you Mr speaker the the democrats will caucus in their usual location 15 minutes after session, recess. For what purpose does the gentleman from Lincoln Representative Saine rise? For an announcement Mr speaker. The gentleman has the floor for an announcement. Thank you Mr speaker members finance get your attention. We had that we reconvene at two O'clock, we're now going to reconvene at 11:30, in the finance room, so we'll see you at 11:30. Thank you. For what purpose does the lady from Surry Representative Stevens rise? For an announcement. Lady has floor for an announcement. Thank you Mr. Speaker. Representative Derren Jackson Representative Sam Watford, Representative Ted Davis, if you can meet me around

my desk we'll see if we can resolve this Conference Report that we can't get a meaning out, thank you. What purpose does the Lady from Carteret Representative McElraft have to rise? For an announcement. Lady rises for an announcement. Thank you Mr. Speaker we have the conference committee for 765 meeting at three o'clock since finance has been changed we may make that earlier please watch your emails thank you members for your planning purposes today this is what we were all hurdled up about just a minute ago, the finance committee I believe intends to complete debate on the farm bill and I believe also on Senate Bill 605 the two bills the finance committee will be dealing with today and it is the intention that those bills will be recorded out of committee today and added to a calendar this afternoon. The house is going to go under recess very shortly until 1:30 I understand both caucuses have announced that they'll be meeting, but those are the the two bills that are being considered for this day. At this point I don't believe there are any other bills that we're looking at if that changes I'll make sure that I guess representative Fisher's deputy leader for the democrats will be notified as well the majority leader of the republicans alright we can continue now. As usual we're interrupted by the Senate, anyways the rule chair would advice both of the caucus leaders of the appended at this point I believe those are the only other two bills that will be added on for this afternoon at 1:30 any further notice or announcements? If not subject two, at this time subject two ratification of bills messages from the senate committee report, conference report re-referral of bill and resolution an appointment of conferees the house is going to stand in recess until 1:30 PM this afternoon we are in recess. If the house will come to order we'd like to read in a conference report and then will be at ease for just a few minutes. The clerk will read. The conferee report to resolve the difference the senate and the house representative on house bill 495 bill to be to be entitled and act to enhance and detect the efficiency of state government by modernising the state system of human resources management. Senate pensions, retirement ageing committee substitute adopt 5:27 15, six edition and [xx] six, 9:15 submit the following reports, the conferees recommended to the senate and house representative adopt this report, the conferees approve to report September 2015 conferees for the senate, Senator Tucker chair, Senator Brownfiel[sp?], Apodaca, Wales and Lee conference for house representatives, Representative [xx], Representative [xx] and [xx] [xx] members we would like to add this today, so we've provided a copy to the minority, assistant minority leader, if you will be taking a look once it goes We believe it's a relatively non-controversial conference report. Which bill is that Mr. Speaker? It is House bill 495. A bill to be entitled and act to enhance to effectiveness and efficiency of state government by modernizing the state system of human resource management. Members while we're waiting I'd like to do a committee report and read in a bill finance committee report clerk will read. Representative Browley, Same, Hasting, Martin Setzer and Szoka finance committee report senate bill 513 North Carolina formal in 2015 favorable. And calendar and without objection that will be calendared today. This is the farm bill that the senator said we'd like to add to the calendar today, so we'll hear from any objection? If not. Can you hold that? Right here. Let me talk to him. The minority Leader. I'll be right back. Representative Michell, I can't hear you. I need a couple of minutes before, we'll wait a couple of minutes on this. Secondly, if the clerk will read in senate bill 379, I'm sorry. Senate bill 379, an act related t cemeteries located on lands owned controlled by the state, that is currently in rules that will be

removed from rules and calendar pursuit rule 36B. Not for today If the House will come to order. We have two more special messages from the Senate the Clerk will read one at a time and I'll ask your will on each one. House Bill 531. House Committee Substitute, third edition. A bill to be entitled an Act to Authorize Wayne County and the City of Sanford to levy a room occupancy tax, to authorize Moore county to levy an additional 3% [xx] occupancy tax to create special taxes district made up of all areas of Hannick county exclusive to Ash [xx] township and to authorize that special tax in districts delivering 6% tax, to make changes to [xx] and [xx] county food tax for concurrence in the Senate Committee Substitute. Calendar for pursuant to rule 36B and calendar for tomorrow, Thursday, September 24th and material and so today was the first reading. House bill 679, senate committee substitute, second edition to the integral act to authorize the acquisition for construction and the finance in a certain capital improvements projects, but constituents, institutions, University of North Carolina for complaints in the Senate commence substitute. Calendar pursuit rule 36D, and the Chair would like to add that to the calendar today if there is no objection I believe this has been disused with assistance minority leader is there objection? If not added to the calendar. Thank you. There was a previous request to add the conference report for the personel bill to the calendar today, is there objection to that? If not, that's added to the calendar. So calendar 679. House bill 679. The clerk will read. Representative Browly S. Martin Szoka, Hestings, House Bill 679 appears to be entitled an act authorize acquisition of construction and finances, certain capital approvals, projects, constitutional institutions, University of North Carolina General assembly of North Carolina enacts. Representative Browly is recognized to explain the bill. Thank you Mr. Speaker. This is a bill that we passed over and has come back with very little change on the part of the senate, and it does not materially change any of the things we sent over, I would like to move that the house do now concur with the senate committee substitute for house bill 679. Is there further discussion or debate? If not, the question before the house is the motion concur. The senate committee substitute for house bill 679. Those in favor will vote aye, those oppose will vote no. The Clerk will open the vote. It exist, okay. Clerk will lock the machine and record the votes. The ayes are 91, the fours are no, the bill. The motion is passed, the bill will be enrolled and send to the governor. House bill 495, the Clerk will read. The conferees appoint to resolve the different between the senate and the house representatives on house bill 495. A bill to be entitled and act to enhance constituency of state government, amotorizing[sp?] the state system of human resources management. Senate pensions and retirement agent community substitute adopt 52715 extradition in goal 6915 submit to follow on report. Conferees recommended that the Senate and House Representatives report, adopt this report get conferees approve report September 23rd, 2015. Conferees from Senate, Senator Tucker chair, Senators Butterfield, Apodaca, Wells and Lee Conferees from House of Representatives, Representative Collins chair, Representatives Hartley, Embelle and Dops. For what purpose Representative Floyd seek to be recognized? McCoy is voting yes on the last Bill, I was in the chamber.   Representative Floyd will be recorded as voting Aye on House Bill 679, Representative Collins is recognized to explain the conference report. Thank you. And to move for it's adoption. Thank you I would like to do that, in reverse order. I would like for us to adopt this bill, adopt this conference report, this bill house bill 495 passed on a 106 to 9 votes when we passed

it here updates to the SOHR policies, there were three changes made once this bill left the house and one is on one where we're talking about moving career statues back 12 months to 24 months, DPS has requested that we keep it at 24 months for sworn law enforcement officers because their training program lasts so long they are close to the end of the first year before they ever actually get on the job and the department can evaluate what kind of job they're doing. The second change was requested by Senate  on page two lines 43 and 44, they ask that we remove two words end policies tloicis and we remove those two words for them and the the only other change would be the changes in the effective date due to the lateness of the time period in which we finally got the conference report done. So I would ask that you support the conference report is you need the original Bill. Representative Insko is recognized. I'd like to ask the conference report sponsor. Does he yield? I yield. He yields. Could you say a little bit more about the change on page one, line 28, the subdivision may not be construed to authorize the establishment of an incentive pay program, how, will that apply to the human resources or to other departments in state government? I'm sorry, I didn't catch what part of the bill she said. Could you repeat the question? It's page one. It's the incentives. It's crossed out in a language at the bottom of page one. This sub-division may not be construed to authorize the establishment of an incentive pay program and that's cross out. I'm just curious about whether or not the incentive pay program whatever it would be would be for the human resources department or for other departments and state government. I'm not sure, that's not one of the changes that was made since the first time we've passed it, so I really wasn't prepared to talk about that today. I'll ask staff thanks. Further discussion or debate? If not, the question before the house is a motion to adopt the conference report on House Bill 496. All those in favor will vote aye, those oppose will vote no. The Clerk will open the vote. rule 95 [ BLANK ] clerk will open the machine and lock the vote. The ayes are 107 the no's are zero. The motion is passed, the senate will be so notified. Would you just be at ease for one moment, Representatives Hall and Farmer Battlefield you are jointly recognized seek recognition for the same purpose. Yes Mr. Chair. And what is that purpose? To vote yes on House bill 679 Mr. Speaker. You'll be so joyfully vote changed. Thank you sir. Anybody ready for notices and Notices and announcements Representative Hagar is recognized or notice or announcement. Thank you Mr speaker for announcement. Republicans will caucus in 5:44 15 minutes after session. Any further notices or announcements?  if not if Representative Lewis have a motion. Mr Speaker, I do please. Subject to receiving messages from the Senate, committee reports, conference reports, and the referral of bills resolutions and the appointment of conferees. I move the house do now adjourn to reconvene September 24th, at 10:00 AM. Representative Lewis move seconded by Representative Cleveland that the house adjourn to reconvene Thursday, September 24th at 10 A. M subject to messages from the senate committee report, conference report.  Referral of bills and resolutions on point on conferees. Those in favor will say aye, oppose no. The ayes have it, motion carries