Good afternoon and god morning, the house will stand in recess until 1 PM. 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. Members and visitors will please silence all electronic device. The prayer will be offered by Meghan Clartz legislative assistant to representative Whitmer and visitors in the gallery will please stand and remain standing for the pledge of allegiance. Let us pray Gracious heavenly father, thank you for the many gifts and opportunities you have blessed us with. Be with our leaders as they finalize legislation and help them to love and honor you as they conduct business today. For it is written in 1st John 2:17 that the world and its desires pass away, but the man who does the will of God lives forever, in your son Jesus's name I pray Amen. Amen. I pledge allegiance to flag of the United States of America and to the Republic in which it stands one Nation under God indivisible with unity and justice for all. Representative Torbett is recognized. Mr. Speaker, the journal for September 28th has been examined and found to be correct, I move that it be approved as written. Representative Torbett moves that the journal for September 28th be approved as written. Those in favor will say aye, Aye. Those opposed will say no, No. The ayes have it and the journal is approved as written. Members, Chair can I have your attention please, we are all going to proceed down the calendar the Chair is aware that members are following them from various committee rooms. So we are going to go a little bit slower than normal, but the Chair does want to announce that it is intention of the Chair to begin considering bills and taking both votes that on the calendar. Ratification of the bill and resolutions the clerk will read. [xx] clerk reports the following bills being ratified for presentation to the governor. Senate bill 379 an act related to the cemetary is located in land all occupied and controlled by the state. House bill 215 an act to establish procedural[sp?] waiver of the [xx] jury trial for criminal cases in the court. House Bill 272 an act to appoint persons to various public offices upon the recommendation of the Speaker of the house of representatives, the President pro tempore of the senate and the minority of the senate. House bill 297, an act to require re-enforce [xx] for donation of unborn child. To prohibit the sale of any avoided or miscarry materials or remains of an unborn child resulting from an abortion or miscarriage and to limit the use of funds for contracts pertaining to teen pregnancy, prevention initiatives of projects. House Bill 495 an act enhancing the effectiveness and efficiency of State governments by modern the State system of human resources management Chapter bills will be noted. Members the nurse of the day is Elley Hunt from Luarey, Mrs Hunt we welcome you to the house and we appreciate your service Members, the chair is happy to
extend the courtesies of the floor to former Representative Marcus Brandon. Representative Brandon, we welcome you back sir reports of standing committees Representative Dollar, Johnson Lambeth, and McGrady, chairs of the committee on appropriations, are recognized to send forward the committee report. The clerk will read. Representative [xx], PJ [xx] Lambert McGrady, appropriation's committee report. House Bill 15, [xx] [xx] funds for CCUGTC, favorable committee substitute unfavorable to original bill. Original bill on favorable calendar, committee substitute calendar. House bill 658, funds for educational training centers, favorable committee substitute unfavorable of bill. Original bill on favorable calendar, committee substitute calendar. Senate Bill 37 [xx] tuition fallen officer was guardian, favorable house committee substitute, unfavorable senate committee substitute. Original bill, unfavorable calendar, committee substitute calendar. Senate bill 561, career and college, ready graduate. Favorable house committee substitute number two, and favor house committee substitute number one. Original bill unfavorable calendar, opposed committee substitute bill, calendar. Representative Lewis, chair of the Committee on Rules, Calendar and Operations of The House, is recognized to send forward a committee report. The clerk will read Representative Lewis, Rules, Calendar and Operations of The House Committee senate bill 519, amend child custody law, favorable. Calendar. Senate bill 694, employees misclassification to reform favorable house committee substitute unfavorable senate committee substitute. Original bill on favorable calendar committee substitute calendar. messages from the senate. The clerk will read Mr. Speaker is let this message be sent to the house of representatives with the information that the senate adopt, the report of conferees for house bill 327. Conference committee substitute, a bill to the entire act to make technical and performance changes to the statute government regulations of emergency medical services to reflect new national medical standard for emergency medical personnel when the conferees action is taken by both chambers the bill will be ordered in rolled respect of North Carolina. Noted. Mr. Speaker the message to the house representative with the information on the Senate Dublin report of the conferees of the senate bill 513, conference committee substitute appear to be entitled next to provide a relief of culture community of North Carolina by providing for various transportation and environmental reforms and by making various other statutory changes, when appropriate actions have been taken by both chambers the bill will be ordered in raw, inspector allign[sp?] pass to Clerk. Noted. Members we are going to move now into the calendar, the first bill to be considered will be the house will come to order. Members the Chair directs the
house bill 482 be removed from today's calendar and referred to the committee of the rules calendar and operations of the house, house bill 8 clerk will read. Representative Jones, Iler, All Brown, and Jordan house bill 8 a bill to be entitled an act to create open judicial election for primary designation for the court of appeal. General assembly of North Carolina's Acts. For what purpose does the gentleman from Rockingham Representative Jones rise? For a motion. Just a moment, Chair would ask that members please take their seats if there's any conversation that needs to occur members may step off fall for that but we ask the members give the gentleman the respect and attention he deserves, the gentleman has the floor for motion. Thank you Mr. Speaker I would move then we do concur with the senate substitute on house bill 8. Mr speaker may I be recognized to debate the issue? The gentleman has moved to concur he gentleman now has the floor to debate the motion. Thank you Mr. Speaker ladies and gentlemen in the house, house bill 8 has this chamber back in April lastly among party lines it was the bill that the house agreed would create partisan election in state wide George Rises with that if time include those supreme court and the court of appeals we have long to debate about that and I know that feel both sides about whether they should be to the elections just away went down in the house what we have coming back from the senate applies only to the court of appeals you may recall that we passed the bill that may retention elections now the case for Supreme Court races. There are going to still be Supreme Court races where they are not retention elections but contested elections it will be my position that those should be partisan as well. But the senate elected not to include that in this bill and my experience is that when you see something that's severed but not everything you want, it's still good, so I would recommend to my colleagues that we do concur and we can take up the issue later on contested Supreme Court issues and so I would be happy to answer any questions anyone may have. I ask that you do vote green, do concur. 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 very much Mr. Speaker, members the people of North Carolina if you look at the voter registration numbers are everything away from both the democratic party and the republican party. The fastest growing segment of the North Carolina electorate is unaffiliated voter. That tells me that the voters are not always buying what your party is selling or what my party is selling. I do not hear a single North Carolinian telling me yes what I want is more Persian ship in our judicial actions and this bill here unfortunately takes us in that direction so I'm going to be voting with what I think what is the will of most North Carolinian and voting against the motion to concur let's keep Parternerships[sp?] out of our judicial elections as much as possible. For what purpose does the gentleman from Cabarrus Representative Pittman rise? To speak on the motion. Gentleman has the forward to debate the motion. Thank you Mr. Speaker like Representative Johns I'm little disappointed there's not more in this I don't believe in non partial elections because it's kind of like asking the local Baptist church to vote on a new pastor and you don't tell him whether he's a Buddhist or a Buddhist so I just play Persian gives you some idea what a person might stand you can't always count on that but I just believe in him personal relation[sp?] so I would make him all person if I could so I'm certainly going to support and hope others will thank you. For what purpose does the gentleman from Gaston Representative Torbett rise? May I ask bill sponsor a question? Does the gentleman from Rockingham yield to the gentleman from Gaston? He yields. Thank you Representative just a minute ago I heard the gentleman from Wake said that he had heard or would have known North Carolinian or heard North Carolinian that was in favor they also had a question for you sir is are you a North Carolinian? Representative Torbett I am a life long born and bread Tureel[sp?] I've been a North Carolinian all my wife and I speak to a lot of other North Carolinians that believe that this is a good idea. As Representative Pittman said let's give the people a little bit more Information on the ballot they can use it however they want and I hope that we will vote green on this Bill. For what purpose does the
gentleman from Yankton, representative Zachary rise? Just to be excused from this vote. The general will be excused from voting on the bill. For what purpose does the gentleman from Cumberland, representative Richardson rise? To debate the bill. The gentleman has the floor to debate the motion. Mr. Speaker, members of the House your party in 1994 had the good since to vote with the senate to go to a merit selection for the judges on the court of appeals and the supreme court. The way that our constitution and our government is set up, we have three separate branches of government. We had the legislature, the executive branch, governor and then the courts. It is absolutely imperative that the men and women on the bench, act as impartial, and is free of political pressure as possible. They must interpret the constitution interpret the law as fair and as partially as possible. It is impossible for them to do that, when they are running in a partisan election. I would urge you and beg you, please vote no on this, it's work fine non partisan elections has worked fine, so there is no need to go back to partisan election on this if anything we should go to merit selection and get the judges out of the electoral process. Your party was right 94, I voted with your party in 94 to go to merit selection you should bring it up again and we should pass it, thank you. For what purpose does the gentleman from Gaston representative Bam Gardener rise, To debate the motion The gentleman is recognised to debate the motion Thank you Mr. Speaker. This is an issue that is important to me personally having worked that many polling places for years, and now [xx] especially in the last election because I was on oppose but I thought it was important to support members for election in the party especially judges because I can tell you how many people came up to me on election day and said we have no idea who to vote for on judges and some information is better than non, and we all do respected that opposition party. I can't believe that you want to deny people atleast some information, something is better than nothing, and right now most people dont have anything and changing bact to partisan races for judges is a smart the right direction and I wish also that we will change in all of them, but this is better than nothing and so I urge you to vote for concurrence thank you. For what purpose does the Gentleman from Mecklenburg, Representative Brian arise? To speak for the motion. The Gentleman has the floor to debate the motion. Thank you Mr. Speaker. I'll speak briefly, just to say I'm somebody who actually sponsored the merit selection for district and superior court judges but I think when we look at providing information to voters, the reality is in these elected judicial races, people do get information, they are elected and putting the partisan label parties do have different judicial philosophies. And so that matters to voters when they go to vote and I think this is good information for them to have. I would urge you to support adoption. For what purpose does the gentleman from Cumberland, Representative Lucas rise? to speak on the motion Gentleman has the floor to debate the motion thank you Mr. Speaker. I've sat here and I've listened to the debate and what I think I'm hearing is that many folks in the chamber feel it's more important to identify with party affiliation than qualifications or merit and I hope I'm not hearing that correctly. I feel like the information we are going to share as to who is going to impartially judge in this date. Or to the predicated on who has the best qualification to the impartial that is the purpose of the judiciary. Partisanship belongs to those who are running in the legislative branch I would have hope that our judicial races would be devoid o partisanship if in fact they're going to be even handed and they going to take that oath of office just like we all do, I hope we will defeat the motion. What purpose does the general from Durham representative Mitchell rise. To speak on the motion.
The gentleman has the floor to debate the motion. Yes I just heard a statement a couple of minutes ago somebody said, we know that each party has a different philosophy and what that says to me is that you're going to vote on philosophy for person who is supposed to be impartial, you ought to vote no for this bill. what purpose does the gentleman form Mecnberg[sp?] representative Bryan[sp?] rise? To speak a second time on the motion. The gentleman is recognized to debate the motion the second time. I would just respond to that comment what I think it what, depending in peoples perspectives and I like judge Roberts to be a calling boss in strikes I think their are pretty of decisions people on either side can appoint to they might call activist, judicial philosophies and I think they matter. For what purpose does the gentleman from Rockingham representative Jones rise? To debate the motion a second time. Gentleman is recognized to debate the motion. Thank you Mr speaker, I recall back in April we had a nice vigorous debate about this I think everyone made their talk at the time as to why they felt that this should be partisan or not, I think we all know when a practical sense that there are always people that are in the know, party people who are in the know that are supporting a particular candidate and we all know that there are a lot of people out there that the election time, they want to know something about the Judges and we all know that there there is a dramatic under voting in state wide judges races I think there were 500, 000 people that voted on the U. S senate rise last time but didn't vote on the Judiciary. So let's not cater yourself I may have enjoyed out in the red and what's been said but the truth of the matter is, that the people of North Carolina deserve to know whether they want to use that information or not whether they want to vote one party or not, it's done in a lot of states, it used to be done in North Carolina and there were people at the time that I think didn't like the way the people were voting and they decide that we shouldn't do it that way anymore. So we have a choice to make you vote your conscious, so I'm asking people please vote green and let's voted to concur. For what purpose does the gentleman from Lee, Representative Reives rise? Debate the motion. The gentleman has the floor to debate the motion. Thank you Mr. Speaker. What I would just say to that is that to repeat what you've heard from some of our colleagues the Judiciary should be an independent branch. I think that I would agree with Representative Brian a good friend of mine who states that you can see activism in some positions here and there but what I would say is that we'd like to move towards a system where you do not see the activism and I think by either side whoever is the dominant party in the judicial branch, we're all better served when we can go to judicial branch, but more of an independent evaluation and more in-dependency felt by those judges wherever they are in positions. They are in positions that are in position by party, I do think that does put undue pressure on the judges and I do think that we want to move towards a system where they're not in that type of position and I think we will all be better served in the future whatever party is and the majority in whatever branch if our judiciary stays as independent as possible. Please vote no. Further discussion further debate, if not the question before the house is adoption of the motion to concur with the senate committee substitute to house bill eight. 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. 70 having voted in the affirmative and 40 before the negative the motion to concur is adopted, the bill is ordered enrolled and sent to the governor, special messages from the senate the clerk will read. House bill 647 senate committee substitute third edition a bill to be entitled an act to authorize health care providers to prescribe the pharmacists to dispense epinephrine to auto-injectors to authorize child serving entities and other schools for emergency treatment of [xx] in concurrence senate committee substitute house bill 647 is calendar present rule 36B and without objection for today's calendar is there objection? Hearing none so ordered House Bill 735 senate committee substitute fourth edition, a bill to the entitled enact to make various changes related to the department of in concurrence with the senate committee substitute. Calender for senate rule 36b and on today's calendar without objection, hearing none, so ordered. House Bill 924 the clerk
will Representative [xx] Hanker[sp?] and Krugman[sp?] House Bill 924 bill to be entitled enact to clarify when the law enforcement officers required to request a blood sample when charging the effects of misdemeanor death by vehicle clarifying the law governing prohibiting use of red and blue lights would repeal certain mandatory reporting regarding pseudamental[sp?] products, clarifying sapina authority for a directive SVI provided to offset bills from leasing middle deposits for state lands, increase the cost of middle work that can be performed by government force of county labor and repel the donate live NC match requirement General Assembly of North Carolina Enacts. For what purpose does the gentleman from Stanly representative Burr rise? For a motion. Gentleman is recognized for motion. Thank you Mr, Speaker I move that the house concur to the senate committee substitute to House Bill 924 gentleman. May I speak on the motion. The gentle man has moved that the house concur to the bill. The gentleman now has the floor to debate the motion. Thank you Mr speaker there were several changes made by the senate, they are a couple if you all remember it's been a while since this bill left the house originally they took out several sections dealing with workers comp[sp?] and for the most part it stayed the same but there has been an addition just to share with you that was originally in the bill, section 5 and section 6 of the bill so I believe there's someone else that can speak to that section but my understanding is there's no major red flags there and would ask members to support the bill. What purpose does the gentleman from Gaston Representative Torbett rise? Speak on motion Mr speaker. The gentleman has the floor to debate the motion. I want to bring apologize that is coming such late notice to representative Bowe but I just actually found about this not too long ago. There is a section in the bill that I need to have amended we can either go ahead and do it now I think, or lay the bill for later on in the business counter and what it would do it would move to amend the bill on page four lines 12 through 37 by rewriting the lines to read section six, section 27.8 of S. L. 2015-241 is rebuild and let me touch base on it and I'm probably won't be speaking as purely on this and it could just come as a plague. But as you remember doing the last couple of years in the budget process we have worked with the North Carolina department of transportation to outsource a good number of our work to the private industry trying to take a little bit of the load off internal NCDP and push more that out to the general market place. Representative Torbett if I may, the [xx] believe in order to do the amendment the general wants to do with the House will have to vote not to concur because the bill cannot be amended, I have spoken with the maker of the motion, I believe he's prepared to revise his motion to a motion not to concur which will allow the bill to go to conference which concludes my remarks Mr. Speaker, The gentleman from Stanley is recognized for a motion. Thank you Mr speaker I would move that the house not concur to the Senate committee Substitute House Bill 924 this time so that we make the correction that Representative talking about. The gentleman is moved not to concur for what purpose does the gentleman from Randolph Representative McNeil rise? Since I'm very familiar with section six I would like to be a conferee on that. The gentlemen is recognized to request to be a conferee. Question before the house is the adoption of the motion not to concur those in favor vote aye those opposed will vote no the clerk will open the vote. Do the following members wish to record on this vote representatives Graham, Ila and Fisher, the clerk will lock the machine recorded, the vote 113 having voted the affirmative in one of the negative of the motion not to encourage adoption, the chair apoints the following to five members as conferees representative Bach Chair Representative Torbett representative McNeill anybody else want to be on there? And Representative Jitter. Senate will be so notified. Mr Speaker. For what purpose does the gentleman from Robinson wish to be conferee as well? I'd like to be recorded to be voting as aye on that. The gentleman will be recorded as voting aye for speaking up the gentleman will also being named as a conferee to the bill. Mr speaker.
For what purpose does the gentleman from Orange Representative Iler rise? I've never been conferee can I be a conferee? Mr speaker. Just this one time Representative Mayer. Thank you Mr speaker For what purpose does the gentlemen from Mecklenburg Representative Jitter rise? Can I not be a referee? Representative Jitter, the Chair was trying to keep the majority of the republican to democrat by with you on that, I'm not sure how we count that. Mr. Speaker. For what purpose does the gentleman from Gaston Representative Torbett rise?. For a motion that nomination cease for conference committee. The conferees appointments are closed at this time. House bill 327 the clerk will read. The conferees report to resolve the difference between the senate and house representatives on house bill 327 a bill to be an act to study the Medical Personnel Safety from hospital threats and what defensive resources should be allowed to prevent injury at Emergency Medical Service Personnel for the patient under the care and make technical and conformance changes to the statutes governing regulation of emergency medical services to reflect the new national standards for emergency medical personnel, senate health care committee substitute adopts 611/15 forth edition engrossed 615/15 submit the favorable report, to leave the entire health care, committee substitute adopts 15 fourth edition engross 61515 and substitute the attached proposal conference committee substitute H3 to 7-PCCS10436 -TA, -1 the conferees recommend that the senator in the house representative Dublin support the conferees approved report set between 9th 2015 conferees for the senate senator Brock chair, senator Jackson, and Raven. Conferees for the house representative. Representative Dobson chair representative Jitter and Tine. For what purpose does the gentleman from McDowell Representative Dodson rise? Debate the conference report, the gentleman is r3ecognized for a motion. Motion to concur. The gentleman has moved the house do adopt the conference report to house bill 327 the gentleman has the floor to debate the motion. Thank you Mr. Speaker I know when these last days of session that there are major policy debates going on, Bills changing and I know that's part of how session works at this late hour, however, this bill is not one of those, this is clearly, technical change and all this legislation proposal would do is change the names or the credentialing levels to reflect the new nationals standards for emergency medical personnel, these revisions are necessary to bring North Carolina in line with this two standards, without the changes, the state will be in confrict with the national standards that are scheduled to in effect on January 1, 2016, we're originally had a study as part of this the study came out, we're going to work on that in a later date and all this is technical EMS changes, and I would appreciate your support further discussion, further debate, if not the question for the house is the adoption of the conference of report the house bill 327 those in favour will vote I, those who oppose will vote no, the court will [xx] Representative BlackWell, does the gentleman wish to record on this vote? Representative Graham, does the gentleman wish to record? Then Clerk will lock the machine and record the vote. 115 having voted in the affirmative and none the negative, the conference report to House Bill 327 is adopted. The Senate will be so notified, and the bill is ordered and enrolled and sent to the Governor. Senate Bill 513. The Clerk will read. Just a moment. The Chair saw the light on from the gentleman from from Robeson. Does the gentleman wish to be recorded as having voted aye on the previous bill? I'm voting aye. Thank you. The gentleman will having voted aye on the prior Bill which I believe was 327. The clerk is recognized to read Senate Bill 513 conferees appoint to resolve differences between the senate and house of representative on senate bill 513 a bill to be entitled an act to
provide regulatory relief to the agriculture community of North Carolina to provide various transportation and environmental reforms by making various other statutory changes. House committee substitute number three favorable 2015 submit the following report delay the entire house committee substitute number, three favor 2415, and substitute the attached proposed conference committee substitute 513-PCCS3 531-TQ-3, the conferee is recommended in the senate and the house adopt this report recent proof report September 28th 2015 conferees from the senate, senator Jackson chair, senators Buck and Wade conferees for the house representative, Representative Dixon chair, Representative Brody, West and Whitmire What purpose does the gentleman from Cherokee Representative West rise? For a motion Mr. Speaker. Gentleman is recognised for a motion. Thank you Mr. Speaker members of the house I move adoption for the conference report for senate bill 513. The gentleman has recommended to move the adoption of conference report, the gentleman from Cherokee has the floor to debate the motion. Thank you Mr. Speaker member of the house, what the conference report did it added section 30 related to Policy Supporting Sound, Science, and Agriculture, It restored section 14 related to the transfer of the Captive Service Program from the Wildlife Resource Commission to the Department of Agriculture and remove section related to the burning of agricultural plastics remove section 22 related to the development of a pilot, American eel aquaculture plan in the most section 28 related to the establishment of a farm winery permit. I would appreciate your support on the bill. For what purpose does the gentleman for Catawba representative Adams rise. To debate the bill, Gentleman has the floor to debate the motion. I stand in opposition to this bill on the account of the provision 14 on deer farming. I want you to understand where I come from on this, I'm a past present of the Catawba Valley Wildlife Club I was president 1999- 2000. So months ago it came to my attention that, that organisation which dates back to 1939 have passed a unanimous resolution opposing deer farming that triggered my interest in the subject and I begun to to do research on this. Catawba Valley wildlife club established in 1939 was all about wildlife resources and about nurturing wildlife in West and North Carolina it was very little at the time they were a positive force in the establishment of the North Carolina wildlife resources commission in 1947 I want to read to you I sent everybody a copy or I sent everybody the public trust doctrine I want to read a couple of elements to you. I want to share this with you, we have a responsibility to protect wildlife in North Carolina. We have the public trust doctrine calls for this so simply defined a trust is a collection of asset that's committed or entrusted to one to be managed for cared for in the interest of another. The party to whom the trust assets are committed is commonly refereed to as a trustee whereas the party for whom the assets are being managed is refereed to as the beneficially the trust. Accordingly the public trust doctrine holds that publicly owned wildlife resources are entrusted to the government as trustee of this public resources to be managed on behalf of the public the beneficiaries, consequently government institutions do not own trust resources rather they are owned by the public and are entrusted in the care of the government to be safe guarded for the public long term benefit in this same document it states the language varies between calming ownership by the state and ownership by the people. While the distinction may seem superfluous because of our state republican from of government the statute places ownership in the people is a stronger indication that wildlife is a public trust resource. an example is North Carolina the marine and Estuarine wildlife resources of the state belong to the people of the state as a whole the enjoyment of the wildlife resources of the state belong to all the people of the state that's us folks. Further more within trust relationship the trustee manages assets that belong to others the trustee therefore must be accountable to the beneficially of the trust.
The public trust doctrine requires accountability of government for it's actions in managing public Land Assets. The public is beneficiary of the trust, has legal rights to enforce accountability upon it's government typically through litigation and less commonly via elections about initiatives. We have a responsibility to support the Wildlife resources commission that was established for this very purpose, that's what we're here for. Now I want to talk to you briefly about chronic wasting disease because that's part and parcel to this and I'm reading from Food Safety News and this dated June 1st, 2015. This is from the University Of Texas Health Science Services at Houston and Texas is dealing with a large outbreak of this disease right now. It says much smaller than bacteria, prions are single proteins that cannot be destroyed by typical Kill Strategy such as extreme heat, or ultra violet light. The team continued to study this disease and they found in addition that plants cannot take prions from contaminated soil and transport them to different parts of the plants, by doing this the plants can activate carrier of chronic wasting disease. Scientists already knew that these chronic wasting disease prions or good at bonding the soil, especially clay based soil and they can persist there. Surprisingly they found that prions do bond to plants very effectively even more surprisingly, plants infected with the prions were able to transmit the disease, when animals fed the contaminated plants. Some of the plants that were found to be particularly susceptible were corn and tomatoes. I'm going to talk to you about this. Chronic wasting disease is a diabolical disease to pry on this is not a living organism. It's not a bacteria and it's not a virus. Chronic wasting disease does not kill animals like one of the hemorrhagic diseases like Bruton, animal skin decay deploy on for a long time, perhaps as long as 10 years so you can have an animal that has no symptoms just a carrier of the prion, now people have said well there's no evidence that deal forums or the calls of the source of chronic wasting disease there is no, that's true there is no association of difference to the initiation of chronic wasting disease for what deal forms are is a place where chronic wasting disease can spread rapidly. I have read this document this is the chronic wasting disease program standards published by the USDA and this is the document that is referenced in the bill, I want all to know what this document is, it says that grow the chronic wasting disease program is to assist state probes and the service industry to minimize the risk of the introduction transmissions spread of chronic wasting disease [xx] populations, the program standard are optional guidelines, the bill before you says that this will be the document. That the soviet formers will abide by in operation of their businesses. In 2014 this was a document that was created in North Carolina, specifically for North Carolina, to deal, to prevent the problem of chronic waste disease and do deal with it if we have an outbreak. This document by the bill in front of you is tramped. If we have a chronic wasting disease outbreak in North Carolina, we are going to have to act very rapidly and we're going to have to spend a lot of money to deal with it. There's no, there is no line item in the budget for dealing with chronic wasting disease. Texas is dealing with it right now. There has been an outbreak this summer, which has been catastrophic in West Texas. There's been an outbreak in Michigan. There have been multiple outbreaks in multiple states. Is it associated deer farming? Well, let's just say this, there is a back-trace going on right now with the outbreak in Texas. There was a farm 700 animals and that farm was certified according to these, USDA standard for nine years. For nine years every animal that died there, was examined for chronic wasting disease and none were found to have chronic wasting disease. But in June, a two year old deer was found to have chronic wasting disease, now how did that happen? Well, there's nothing conclusive, but somehow or another that
animal contracted the prior on while living on a controlled, certified farm. Now what happened after that was, there were back traces to see where all the animals came from, and there forward traces to see where animals had been shipped to from that farm, because you see, savage farming is about buying and selling deer. That's what it's about. Deer had been sold to other farms well, two so far since June, two more farms to have been found to have deer infected with the chronic wasting disease prior on, how much is it going to cost? Can you imagine? The remedy is to destroy the entire herd, so the first farm 700 deer will be destroyed. And because they're under the Department of Agriculture, the USDA will start the end and will pay for the lose of so called last stock, and they will also pay for the clean up, and lets talk about the clean up. The clean up, let's understand this. The prions survives the animal in the soil and also in the water folks. It can live in the soil for an unknown amount of time right now be taken up by plants and passed on to future animals. So the clean up involves condemning the land and then fencing it so that indigenous white-tailed deer cant get into the area. White-tailed deer and male deer in that case. This is a very very serious issue, but now I want to move on to the next thing. And the next thing, is what is deer farming. Deer farming is the manipulation of one of the most spectacular species of game animals on this planet. White-tailed deer has enormous sense of smell sight and hearing, a trophy white-tailed deer is quite a price, but what this is about is about producing using genetic manipulation and through growth hormones and other devices producing deer they are unnatural, they have large horns. This is not about producing proteins, this is not about producing vitacin[sp?] for grocery stores and restaurants this is about producing trophy white tail dear. They will then shipped to hunting facilities if you want to call them that, I call them simulator honing facility because they have about as much bearing on hunting as marriage has on prostitution. I have no I have no, I have no passion for such a thing and I find it very, very upsetting but that is what they do, they produce this deer, they ship them to places where they can then be killed, now the deer have been stripped of all of their natural instincts, they have been, they respond very well to handheld device that sounds like a corn feeder, you know, you do not have to rattle horns and you do not have to grunt call, just use the sound of a cornfeeder and the deer will come, the animals are unable to survive in the wild with the horns that they have been that have been grown on their heads, so, this is where this leaves me, my organization which is now 76 years old, which is heavily invested in wildlife has opposed this, we lost our oldest member a few months ago, and he is probably turning over his grave that we are even debating this, but who joins me in this, who else is with me? There are five, maybe six commercial deal forms in North Carolina, five, that's who you're voting in favor of if you vote for this bill. Who opposes it? I'll give you a list. North Carolina Wildlife Federation, North Carolina Bow Hunters Association, Boone & Crockett, Boone and Crockett keeps records from elk, mule deer, white tail deer, and they go back till 1887. Pope and Young, which is the archer's version of Boone and Crockett, Safariclub International, The Quality Deer Management Association, The North Carolina's Hunters for the Hungry, Rocky Mountain Elk Foundation, North Carolina Wild Turkey Federation, the National Wildlife Federation, the Association of All Fish and Wildlife Agencies, the National and State Wildlife Association We're talking about hundreds of thousands of hunters in North Carolina. Millions of hunters across this country. Folks, I understand that that there are some important elements in this bill for formers and I regret that, because frankly, I think tragic, with the very people who promulgated this bill could put such a poison pill in here. I hope you'll join me in opposing this bill, in standing up, for the public
trust doctrine and for the public's trust in our legislature and the wildlife resources commission. Thank you. Members, the Chair would ask the house to come to order. There is a little bit of extra conversation and I know members are having difficulty hearing. For what purpose does the gentleman from Glendale, representative [xx] rise? To speak on the bill Mr. Speaker. Gentleman has the floor has the debate the conference report. Thank you Mr. Speaker. Ladies and gentlemen in the house, senate bill 513 in which [xx] Brown wrote a bit this year. We just heard it last week and went through thorough discussion, made changes to it, made it a better bill, made it for what we felt like it was best for the people of North Carolina. [xx] and we've done without a lot of discussion or a lot of debate. Everybody was kind of in agreement, we had a good support for what we had turned into a good bill. We sent it back over there to senate, the same three people that sent it over here before, sent it back again, with the same identical bill that we had so worked so hard, to get it to be a people's bill and not just for a few people in this state. There's no way and we all know it that deer wildlife is a farm animal and can be treated as a farm animal. Agriculture there's no place for wildlife to be operated or decisions made from agriculture and override North Carolina Wildlife Association in this state. Now we got a budget for wildlife, we've got all the wildlife officers that try to carry out laws and regulations with it, and this is what's happened they would climb to [xx] the correct laws and regulations that this body has made, and the deer farmers as we call them didn't like it. So what did they do? They just do away with it [xx] and included it in your agriculture, for they know that's not them at priority of the commissioner. So they just run it like they want to. They make their big bucks and I can tell you it's not the average hunter that can afford to go hunting at this places, they got [xx] you go in looking to pick out the deer that you want to shoot by the size of his antlers and every one of them has got a price tag on them. They carry out could it be they know where they're located, because they see them every other day? So you get out your car doo why don't he get out. They hand you the gun, and you shoot the big trophy. I don't see where the sportsmanship is in it. Mr. Speaker It's like it's the same thing Just a moment Representative Briston. For what purpose does the gentleman from Duke land, Representative Dickson rise? To see if my good Representative Briston will yield for a question. Does the gentleman from Duke yield to the gentleman from Briston? Not today. He does not yield. I don't see any [xx] walking at the back door and shooting grandma's milk cow to be honest with you. There isn't a [xx], so why in the world would we spend all that time doing this get this bill corrected, get in that in the right, wildlife organization and now you're ready to go right back to the original. Ladies and gentlemen, there's a lot of principle in this thing, and I'm telling you I'm kind of getting tired, I've been up here for totally good while, and I've seen a lot of things go wrong and I'm a little bit tired of the folks next door, saying things over here that's no
good and in hell, it's not good for the people and expecting us to support it, so please send it back to him, if they can't get it right then we need to wait on it. Because I can honestly tell you this, there's less than 10% of this plough[sp?] bill that actually helps the farmer to begin with. Thank you please vote no. For what purpose does the gentleman from Cumberland representative Richardson rise? Oh, I've done it. For what purpose does the gentleman from Duplin representative Dickson rise? Rise to speak on the motion. The gentleman has the floor to debate the motion. Thank you Mr. Speaker. The kind of hunting that Representative Brisson referred to does not exist in North Carolina, I want to be very brief. Today we have been in communication with the North Carolina Farm Bureau, they fully support this Farm Act. I talked with Commissioner Steve Troxler this morning who is gone on an assignment and is out of Raleigh and Commissioner Troxler indicated to me that his position is identical to mine and that he supports this legislation. I talked with Mr. Gordon Mayer who is Executive Director of Viwalie[sp?] resources commission, he said the same thing. If this bill passes what you can expect to see as press conference convened by commissioner Trocks[sp??] and the executive director to join hands and unitedly go forward with this legislation. Ladies and gentlemen there are three cherished things that we do cherish in America. Life, and the conscious to live our life, and our activities the way we see fit and the ability to hold property, of course we can expand that, we're talking about property rights to start with, deer farming is a legal activity that has existed for quite a bit of time, and we have certain people who want to put the dear farmers out of business. One of them is the grass roots organization, and a vote against this bill today is a vote for the type of activity that grass roots puts outs. The senate has passed this conferee report 44 to 2. Representative Adams is absolutely genuine in what he says and the manner in which he'ss presented it, and I commend him for what he's done but ladies and gentlemen, I don't have any big books, I don't have any big documents so I don't have anything to put before you but I I'll tell you what I do have, I have a heart that understands agriculture. I have a heart that has dealt for 41 years in the Livestock/Agriculture industry. And I have a heart that understands where the best possible if CWD is your concern you could not find a better place to put it, than in the department of agriculture they're the best. So ladies and gentlemen please consider looking through the lottery[sp?] and decide whether, or not, the Commissioner of Agriculture, the executive director of the Wildlife Resources cCmmission and the Farm Deer Oganisation is endorsing this legislation please vote green. For what purpose does the gentleman from Pennsylvania Representative Whitmire arise? To debate the conference report. The gentleman is recognized to debate the conference report. Friends of the house as we get closer and closer to the light at the end of the tunnel, I want you to keep in mind as I rise in support of this conference report, the many good things for our largest sector of our economy, agriculture that it's got in it. You know, no one necessarily play the house against that senate,
but that's the inevitable at this time of the session, what things come back from them to us and things come from us to them and it's the art of the feasible. We prevailed and multiple items that we changed and this one thing that's got the most attention the transfer, the gear farming conversation that we've got, Representative Dickson stated very well. I want to emphasize that there is not a greater capability within the state to prevent, detect, mitigate, address whatever this chronic wasting disease as time goes may or may not go, but with their army of veterinarians certified in many, many, many diseases, such as chronic wasting disease. There're four labs across the state, and so on and and so forth, but ultimately I think so much of the negativity on this bill which puts a very black shadow on the many good things that few people can dispute is misguided. In the end the key organization divisions of government departments of governement in this state, Wildlife Resources Department of Agriculture endorse this and support it and they know lot more about it than we do. Please vote green, thank you. for what purpose does the gentleman from Cabarrus representative Pittman rise? Speak on the motion. The gentleman has the floor to debate the motion. Mr speaker I basically have no problem with deer farming as such. As a deer hunter I use products such as [xx] this is collected in a deer farming process sort of thing in my hunting activities. [xx] there's probably some good things that can be done in deer farming, but to me that's not the issue. I was looking forward to vote for this bill because there are some good things in here for farmers, and I support farmers, but as Representative Desmond was pointing out, we've done a lot of work on this thing, and we have already said no to this transfer of this responsibility from wildlife to agriculture. And now here it comes back trying to clam[sp?] it down our throat again don't like kind of thing and I just feel that the wildlife resources commission would have little bit different take on addressing this issues than agriculture. I think they'll be watching this thing like hawks, trying to make sure we don't get to see it every to day. Now we're liable to get it anyway no matter what we do, but I think the wildlife resourse commission who has done a good job over the years in taking care of our wildlife resources including especially deer, look at the great growth of our deer herd over the last several decades. I usually down in Newbourne that's where I grew up in and we had a lot of deer down there when I was growing up and then I'm living in Concord now and the middle state and I hear stores all the time about how when I was a kid you never saw a deer. Somebody saw a deer it was big news and now we got deer all over the state used to have, one of our official commissioners has done a great job, in helping to make that happen, and I think they can be trusted to continue to work with our deer population as they have done over the years, and like I said I think they have watched the situation like a hawk and I'm not so sure that when we putting some in this bill that is to the favor of special interest and deer forming that culture would be quiet as observant on that, I don't know, also I hear the staff about the better veterinary resources that the Health Cost[sp?] Department have, I spoke to the state veterinarian some months back when we used to be in discuss, he told me that, when it was wildlife or air culture, he'd still be them with of either way, so I didn't make the most difference, we're hearing today that wildlife resource, the commission is fine with this and that's not the story that I got when I spoke to Goddon Meyers myself and my understanding is that all they are doing is accepting the best deal they can get, they did know this I don't think they still wanted, they're just going alone because they don't think to have a choice, is the way I see it is my understanding for talking to, so I don't see any reason to justify putting this back in this bill I wanted to vote for the bill I was glad to vote want to vote for it last time because this out is back in here I'm going to have to vote no and I hope you all will too For what
purpose does the gentleman from Randolph representative McNeill rise. Thank you to see if Representative Dickson would yield for a question. Representative Dickson yield for a question? Yes sir. He yields. Representative Dickson I'm one on the big concerns about this whole debate and I apologize if it have already been addressed I missed it, there's been so much information. Is the importation of beer into North Carolina, okay? If we don't pass this bill, if this bill does not pass, where does the law stand with the importation of beer in the North Carolina? It is my understanding and this is this has been debated Representative Mcneill several different times and there is even a little bit of confusion within the legal community at the department of agriculture but basically if this bill passes, nothing happens and the rules expire and it will basically be open season in 2017. Follow up Follow up Yes sir Do you know when the rules expire? Mr speaker we have Chris Sanders of the physical search he might be able to answer that question, it's in 2017 left representative McNeill, I can't get anymore specific than that. Thank you Sufficient For what purpose does the gentleman from Buncombe representative Turner rise? To speak on the motion The representative is I recognize to debate the conference report. Thank you Mr. Speaker earlier this summer I had the fantastic opportunity to work with wildlife were now doing a deer herd health check in Stone Mountain State park and so I went out with the wildlife biologist and Doctor Maria [xx] wildlife vet to see the deer check the herd and find out what's going on. I have been critical of the section of this bill that transfers [xx] from wildlife to agriculture and part of that reason has been that I've seen excellent work that wildlife has done in managing deer thus far, and I can't quite understand why when we got something working why we would move it some place else where we don't know if it's going to work or not, and so I remain in opposition to this part of the bill, but I do want to say that should this pass and should this move forward, that I hope that we will see a true partnership between wildlife and agriculture. Because I like to hunt, lot of people in this room do, lot of people across the State do lot of people of my just forego, and we want to make sure that those assets are available, not just for today, but for future generations. We need to make sure the diseases like CWD and what we're seeing with whirling disease in trout now in from Watonga. We need to make sure that these things are kept in check and dealt with appropriately, and so I leave here today saying, I hope that secretary of [xx] and executive director Meyer work together to breath life into the spirit of what this is intended to do and that we can preserve this asset for all North Carolinian's For what purpose does representative from Blyton representative [xx] rise? To speak the second time Mr. Speaker The gentleman is recognized to debate the conference report a second time. Ladies and gentlemen have you heard my good friend Representative Dickson tell you the people that sponsor, some of the sponsor on this bill that is a whole lot less sponsor the bill as it is today, as it was when the house sent over there to the senate and there was a lot of sponsorship, people felt like we had that we had moved it in the right direction and now it's trying to turn it back. [xx] Main sponsors and they've used it a lot throughout the presentation of the bill is Mr. Gordon Mayer, who is the wildlife commission and then I hope the records have been checked and there is no record that the wildlife commission voted on this particular issue, so Mr. Mayer he's certainly entitled to his
personal opinion just like we all are, so human signing off on the bill is not signing off for wildlife commission, this is personnel and that he's right and I respect that, but please don't sell out a good bill, and those sell out wildlife, and the people that we have been interested to support wildlife and make sure that it continues to be a sport that everybody loves in the state can participate in it, but continue to go and enforce the rules and regulations as it stands today, and that's what's kept it survive where it's at. When we start changing these rules and regulations impeded under, another leadership, that really don't have the time you don't have the personnel and I know you've heard about all the biologists at State University wildlife can use those things Biologists can use. So we are not denying this is the state of North Carolina. We all work together. And if they are working for this state, state University, the wildlife has the same access that the commission of agriculture does as a sport because it's state it's operated. and this pink card before you, turn this over, take it out from under wildlife, people it is protecting continues to protect wildlife everyday. Not only with the deer farm or whatever you call it and they've done a great job regulating it, they just don't want to follow the rules and please don't let them get away with this, stand up for what is right in this State, thank you. Members there's quit a bit of chatting in the chamber if you would take your conversation outside, that would be great. For what purpose does the Representative from Catawba Representative Adams arise? To debate the bill a second time. The Representative is recognized to debate the bill a second time. Couple of items just listening to the debate here. One thing that was said and is correct, we have a system that has worked quite well since 2002 in preventing chronic waste and disease from coming to the North Carolina, and the first action that was done was to reduce the number of dairy farms that was a very, very bold thing to do at the time, but chronic wasting disease is being recognized for what it is, and in serious disease, an expensive disease to deal with. We don't need to change that system that works you [xx] introduce confusion second thing I heard that deer farming is legal, well it's legal but is it ethical? And I ask you that is it ethical to manipulate wild life for the benefit of a few simulated sportsman I'm not going to call him sportsman straightup and wildlife is a life style doing here is we're proposing to make wildlife into livestock, and then convert it back into wildlife when we export it, to another state for a canned hunt bringing up a canned hunt you said that there aren't any in North Carolina, there are. There's a 98 acre shooting panel in the Cherokee Reservation aerial photographs are available. Another thing that has been mentioned is, the people who have endorsed this gentleman will yield, for purpose of Representative Dickson. See if Representative Adams would yield for question. Does Representative yield for question? Not right now. He does not yield. The other thing that was mentioned was the people who support this, I think everybody has heard chairman Traxfer[sp?] say that he hadn't asked for this. he didn't ask for this, but he is OK with it now. I don't know if the $148, 000 line item in the budget had anything to do with that or not but now he's OK with it, and we heard that the wildlife resources commission is good with this too, well I want
to let you something as I walked into the chamber, I received a call from wildlife commissioner chairman John Carr and he said apparently some comments or letter has been circulated this morning saying that there were 100% on board with this. He said the letter was accurate except for one thing they not a 100% on board with this. They believe strongly that they can do a better job, and finally this will be my last talk about this I have gone to school on this issue. I wanted to come to you and present you a fax I've wanted to do that in various committee, I have been blocked, I have see something here I have seen money politics for the privileged few and frankly I'm will tell you something it's very upsetting and it has nothing to do with democrats or republicans. I will not forget this moment I hope you will vote red on this bill I'd appreciate your support. Mr speaker. Mr Speaker. Representative Floyd what purpose do you rise? I'd like to see if the bills sponsor will yield for a question. Does the sponsor yield to the question Representative Floyd? Sir this is your bill. Yes sir. We have six more lights on I think we have had a very lighted discussion. Mr speaker. Yes state your purpose. For a motion. You're recognized for a motion. Previous question The motion before you is to move from previous question. Those who are in favor will vote aye, those who oppose will vote no. The clerk will open the vote. The clerk will open the machine will record record the vote, 67 in the affirmative and 45 in the negative the motion carries. The motion before the body is about [xx] commission if anybody is adoptive to the conference report. All those in favor will vote aye, all those oppose will vote no, the Clerk will open the vote. The Clerk will lock, the machine will and record vote. 69 in the affirmative, 44 in the negative, the committee substitute passes and the Senate will be so notified. Mr. Speaker. For what purpose does the gentleman from Wake, representative Stem rise? A request. The gentleman is recognized to a point of personal privilege. Mr. Speaker, we have a distinguished group from the trans pacific area Brunei, Thailand, Malaysia, China, Taiwan and if the speaker would recognize them I would appropriate Thank you our motion of the Gentleman Stem to the chair, very pleased to extend the courtesy of gallery to a delegation from the US department of take International Visitor Leadership Program hosting 15 visitors from 11 East Asian countries, would you all please stand so that we can welcome you and thank you for being with us here today. Thank you very much. Our motion of the Gentleman Harnett, Representative Louise, the chair is also happy to extent the courtesy of the gallery to Jules Scott who is the Chair of the North Carolina Republican party second Congregational district. Miss Scot would you please stand so we can welcome you with us as well today? Thank you [xx]. Senate Bill 279 the clerk will read. Conferees prepare to resolve a difference between the Senate and House representative on senate bill 279 a bill to be entitled and act to amend the professional council to act modify educational qualification for private of counsel into require
local board education to address sex trafficking, prevention and awareness, house committee substitute 91515 forth edition engross 91615 submit the following report delete the entire house committee substitute favorable 91515 forth edition engross 91615 the substitute to attach proposed conference committee subsutitute to S279-PCCS15284-TH-1 the conferees recommend that the senate and the house representatives adopt this report. Day conferees approve report September 28th 2015. Conferees from senate, Senator Bethwood Chair, Senators Daniel Sanderson, Curtis, and Clark, conferees for the house representative, representative Stam Chair representative Horn Ridell, Arp, Bishop, Blackwell. For what purpose does the gentleman from Wake Representative Stam rise? Make motion explains the motion. Gentleman is recognized for a motion. To adopt the conference report. Gentleman has removed the adoption of the conference report the gentleman now has the floor to debate the motion. Thank you Mr. Speaker members of the house the conference report made a couple of small changes or a small on the counseling issue made no change on the sex education issue make no change, on human trafficking issue, but then add some sections that are consistent with the provisions of article two section 24 of our constitution, that says we're not going to local bills on trade. In other words we're going to have a common market for the state of North Carolina, you don't have to know the laws of 635 counties and cities in order to do business, no that's local bills, but we also have general statutory authority for cities and counties and what they can do, but unfortunately some have sort of gone off the reservation. And what this bill does, it tries to make clear that unless they have statutory authority to do certain things, they shouldn't do it, and I'll just take you through the bill gently. Section six for example relates to wages and so for example a certain city might decide well everybody in this town should get $15 dollars an hour but better yet 20 an hour let's make it 30 and they bid it up, whatever it is, they can't do that. They can agree to pay their own employees whatever they want, but they can't make private businesses go along with that program. Sections in each case by the way when you look that, unintended consequences, and try to zero those out make exceptions so for example in the example I used, it would be perfectly agreeable with this bill for economic development, grant under JDIG or one North Carolina or community development block grant to have as a condition that the people who are being employed and getting that tax money would have to be paid a certain wage, because that actually our figures and factors into the economies motor, so that' taking care of. Then we have housing basically its saying we are not going to decide house issues except as having specific statutes and so for example I have got an email that somehow this bill was doing away with the authority of cities to inspect unsafe housing but 168- 424, periodic inspections is not being repealed, it's specific authority to make periodic inspections for unsafe, unsanitary has some lawful conditions and it goes on and on and on, so that's not being addressed. It's not being repealed so it's still there. Section 7B is also same issue there, a lot of these are double one for the city one for the county, and then you go to eight and this goes to regularly employment practices there was a famous, well famous to may be one or two of us Williams vs Orange County and Blue Cross in which Orange County was trying to enforce it's own ordinances as to employment practices of private businesses. And the supreme court went on and on and on,
that help was not authorized by statute but also it would have also been, if it had been authorized by statute that would have been an unlawful local bill under article two section 24 because we want this common market so we can't mandate for example counties cannot mandate or prohibit provision of goods, services or accommodation to any member of the public by non-governmental businesses. That is, they cannot require Representative Arp who has a engineering firm who wants to do business in the city of Charlotte, to tell him that as a condition of doing contracting with the city of Charlotte that they have to change their business practices in Monroe. That's beyond their statutory authority they cannot do it. Now we did have one or two questions come up and I'll answer each of them separately. One is when we are talking about housing, does that affect zoning? My answer is no and that is legislative history as a manager of the bill, it's not intended to affect zoning, it doesn't affect zoning. We also had a question come up whether this will affect the ability of cities to regulate airBNB, I didn't even know what airBNB was but most of you probably do, and in consultation with the general council of the senate we've agreed to tell people that we will have an LRC study committee Representative Lewis that will look at that and will report in the April session of the assembly whether or not local government should be able to regulate airBNB, so this is and of course the final section eight applies the same things to cities that were to counties. So I encourage you to vote for it, we have had problems with some of our bills in the last session or two, we've adopted the bill and cities and counties decided that they had general police power over everything. Mr. Speaker. For what purpose does the gentleman from Guildford representative Blast rise? I want to see if representative Stam will you yield for a question? Does the gentleman from Wake yield to the gentleman from Guildford? I do. Representative Stam I hear what you're saying about local preemption part and it makes a lot of sense to me but I'm wondering wasn't this originally a just a bill on the practice of counselling and how did the local preemption part get in to this. This is new matter Representative Blust, you're correct and that's why I took time to explain it in more detail to the last four section. Follow up Mr. Speaker. Would the gentleman from Wake yield to the gentleman from Guildford? He yields. Why wouldn't the local preemption poker, that's a significant policy. Good or back significant policy, why wasn't that put in some bill filed and run through so that the entire Legislative process is followed and people have a chance to weigh in, interested parties have a chance to tell us what's good or bad about it and constituents have a chance to say or just to vote yes or no to it, the senate insisted on this procedure for this Bill. Representative Stam does that conclude your remark? That concludes my remark, I would be glad to answer any other question. For what purpose does the gentleman from Wake representative Jackson arise? To speak on the bill. The gentleman has the floor to debate the motion. Thank you Mr. Speaker, ladies and gentleman I'm just going to ask you to vote No and I will tell you a quick story. Last week when it was announced we'll get out of town or when speaker says we're getting out of town tomorrow, several obvious. I know that you're excited and I was actually like no, because this is the time of the year bad stuff appears overnight. Now Representative Stam can feel confident that he understands what this bill means and he's obviously had the opportunity to do that I, however, cannot stand up and tell you the same. I've got five talented attorneys that I need to speak to about this bill, and I'm sure as lawyers often do, they may disagree with Representative Stam's representations about what this section or that section does and does not do. I do know this, it may be inside baseball kind of stuff, but this is not the way we should make our laws. I think Representative Stam basically told you as much, that this wasn't his idea this is
being forced on us from the other chamber. I'd ask you to vote no. If this is really important, we'll come back and do it in short session. For what purpose does the lady from Guilford, Representative Harrison, arise? To briefly debate the motion. The lady has the floor to debate the motion. Thank you, Mr. Speaker ladies and gentlemen of the house of the house I'll just echo on Representative Jackson's concerns, I learnt about this change very early morning I got a text from a mayor who's very concerned about how this new language, it affects Greensboro employment and housing and non-discrimination and as well as it's living wage provisions for it's employees. I appreciate representative Brase concerns because this is a major speaking policy change to those being voted on and a conference report that never had the deliberation of the debate in a committee. And this quite wrong. This is sweeping. These are sweeping changes to our local governments' abilities to regulate, and it can have far reaching impact. It's not even clear at this point what as a lot of lawyers are looking at what this might mean for cities. I'm particularly concerned about the impact that some of Greensboro [xx] thinking policies regarding employment non-discrimination and housing non discrimination and I'd encourage you to vote no, thank you For what purpose does the gentleman from Mecklenburg representative Bishop arise? To speak on the bill on the conference report. The gentleman has the floor to debate the motion. Thank you Mr. Speaker. I just wanted to add to what Representative Stam said that this conference report doesn't represent a change in law, a change in practice. What it represents is a clarification in practice. A clarification in law, as Representative Stam says the Constitution of North Carolina prohibits local law making on subjects involving Commerce for example and a number of other areas. What has began to transpire though is that noble ideas are bubbling up for from municipality from various places about social experiment so we can undertake through special regulation on business practice, that's a fundamental threat to the economy of North Carolina, it is not a good thing for North Carolina to develop vulcanized economic practices so that folks have to go figure out what the ground rules are every time they go to seek to undertake a business in another community. And yes, there's an area of this constitutional law about local laws that's subtle in complex and the fact is it's principles are straight forward, it is the novel arguments being offered under the general police power ordinance making authority that presents this issue. So it is a very straight forward legal matter, it ought to be done, and again, the thing to emphasize is it's not a change in the system under which North Carolina has always functioned. It is exactly system under which North Carolina has always functioned. We make economic rules, rules about business practice through the general assembly not through a myriad, hundred, of potentially different decisions being made on the level of municipalities and counties. I urge you to support the conference report. For what purpose does the gentleman from Orange, Representative Myer, arise? To debate the conference report. The gentleman has the floor to debate the motion. We can argue whether this represents a change in law or an interpretation of the law I would argue what this represents is the beginning of a whole bunch of more law suits. What this represents is another attack on municipalities, and the argument that we need a uniform set-off economic standards is really a strong man argument, we know there are hundreds of policies way from city to city, agencies are able to figure out how to navigate those things there are so merits when we bring those more into an alignment than others but we also know that innovation usually comes from below, innovation does't work well from the general assembly level so we should have innovation from our towns and counties to help figure out the best way to develop local economies, and finally the other things that this represents I believe is an attack in those counties and those cities municipalities that have put into their statutes fair housing protections
that include language on sexual orientation. And we've debated that Bill at length in this session and I don't necessarily know that we want to go down that road today with everything else we have but I will stand up for those municipalities in my district that have included fair housing representation based on sexual orientation and say that I would like them to keep that ability to do so and I urge you to vote against the conference report. For what purpose does the lady from Mecklenburg, representative Cunningham arise? Thank you, to speak to the conference report. The lady has the floor to debate the motion. Thank you. Several emails have come in from constituencies in my district but also this morning a letter came in from the mayor and I wont state all of what he said but one of the things that was important in the letter was that he said that unconsidered consequences of these provisions would be invalid, for Charlotte's existence ordinance dating back to 1998 dating back to the 1968 that prohibits discrimination in public accomodations on the basis of race, color, religion, sex or national origin, so I guess here we are again looking at discriminatory acts that probably in 2015 we thought would not arise again, and when we're looking around and thinking about the diversity that when you come to America, that diversity is one of the things that make America great. And that discriminatory practices would have left and moved on to other issues in life, but they have not and when you consider that most neighborhoods, your neighbors look like you. And you think that just discrimination in housing is gone, it is not. So I ask that we not consider going back but moving forward. Let the city continue to do as they need to do, to have our cities diversify, and they will choose where they can live. And the city and the county do what they do at home in their communities. Thank you. For what purpose does the gentleman from Mecklenburg, Representative Brolly[sp?] arise? Thank you Mr. Speaker. I wondered if the gentleman from Wake, Representative Stam would yield for questioning. I yield. The gentleman from Wake does yield. Thank you Representative Stam, do we regulate the wages in businesses in North Carolina in this body? We have a minimal wage. Other than that, have we delegated that power to the cities in the past. No! It's correct to say Representative Brolly, the gentleman to ask another question. I apologize. Representative Stam. I yield. He yields. The purpose of this bill cutting through the law you talked about, both you and Representative Bishop have used is to basically tell cities, you never could do this, stop doing it. That's it does the gentleman wish to ask another question? Yes I do, I apologize. The nominee of [xx] Thank You Mr. Speaker I will try to be better behaved I want to get this move along and get us out of here, the regulation of housing practices. Is that a power that this legislature has delegated to the cities. Yeah, quite a discrimination. Let me use an example of representative Cunningham, she mentioned race, sex, color, national origin, one other, that's all federal law, that's not affected by it's handled right, another question sir. Yes sir I yield Representative Brawley has the floor but Representative Jitter for what purpose does the member rise? See if I can ask Mr Brawley a question in between his questions with Representative Stam. No for what purpose does so Representative Brawley wishes to ask Representative Stam a question does the Representative Stam yield? I do. The gentleman is recognized to propose his inquiry. Thank you, Mr. Speaker. Representative Stam, I notice that we are also telling counties that they can't regulate roads as a former chairman of transportation for this body it was my understanding that counties have no role in roads whatsoever. Funding, building, maintaining and I was wondering if the Counties had slipped in some road authority without my knowledge or if we once again are telling people you don't have the right to do this. Stop trying to do it.
That may be superfluous but, harmless. Thank you Mr. Speaker for what purpose does the general from Mecklenburg, Representative Jeter arise? See my good friend Representative Brawley would lead to the question. I yield. The gentleman yields. do cities have the right to tell people not to jump off bridges? Representative Jeter I'm not sure that anybody has the ability to regulate stupidity at that level, and so I don;t know that there's any effective way for any of us to tell people not to jump off bridges. Follow Mr. Speaker. I yield. The gentleman yields. Would you agree that while they may not have the right, if they did it, it wouldn't be a bad idea. I would agree it's not a bad idea to tell people not to jump off bridges. For what purpose does the gentleman from Mecklenburg Representative Bishop arise? Speak the second time. The gentleman has floor to debate the conference report a second time. I simply wanted to amplify what Representative Stam last said in relationship to the comments of Representative Cunningham. the ordinance to which Representative Cunningham, refers 1968 I'm well aware of, I know very well and here's what I want to emphasize about that, that ordinance echoed title 7 of the civil right, title 2, title 7 civil right active 1964. It was consistent with the law that was otherwise applicable from the state and federal government that's the way it needs to be done, the notion that instead we're going to march off in all sort of different directions and our economic policies is a hazard that we seek by clarification to avoid. Thank you. For what purpose does the gentleman form Durham Representative Mitchell rise? To see if Representative Stam will yield for a question. Will the gentleman from Wake yield to the gentleman from Durham. I do. He yields. Representative Stam municipalities in the state that have passed ordinances concerning contact being made and all businesses coming into the area, mandating a provision of a living wage, does this take that completely out of the province of the citizen county should demand a living wage of businesses coming into the, late into their cities. Thank you. A very good question, the answer is yes and no. On page six of the bill which is section six, once, nine through 16 gives several, six, five different categories where they could regulate a particular wage, but if it doesn't fit into one of those five categories the answer is no. Follow up. If Mrs. Shah if the gentleman was to spend, members the chair is going to temporarily displace discussion on this matter and we're going to move to house bill 647. The Clerk will read. Representative McGrady, Avila, Stevens and Glazier, House bill 647 a bill to be entitled and act to authorize health care providers to prescribe and promises to dispense infetomy[sp?] outer injection to authorize Charles serving entities of the school for emergency treatment of Encephalitis, General Assembly of North Carolina enacts For what purpose does the Gentleman from Henderson, Representative McGrady arise. Mr. Speaker I move that the house concur in the changes made to the bills senate, House bill 647 and concurring to senate substitute. The Gentleman has moved that the house do concur the senate committee substitute for house bill 647. The Gentleman is recognized to debate the motion. Thank you Mr. Speaker, this is the bill that we passed 115 to 1 to authorize the prescription of Epinephrine of auto injectors, it has now cleared the Senate unanimously, the changes
were agreed to by a coalition of groups working together restaurants, hotels, travel, industry and we needed to change the effective date because we're already on top of that date, so we just moved to the end of the year. I'm not aware any controversy or any opposition to the bill. Further discussion for the debate on motion from the gentleman from Henderson? Seeing none the question before the house is the motion to concur in the senate committee substitute for house bill 647, those supporting the motion will vote aye, those opposed will vote no, the clerk will open the vote. Representatives Bishop and Stam will be recorded as having voted aye. The clerk will lock the machine and record the votes, with 114 having voted in the affirmative and none in the negative, the motion is adopted the bill is ordered on road and send to the governor. Members the chair could have your attention please on the question of adoption on senate bill 513 representative Brad Brown was in the chamber and intended to vote aye and will be recorded a having voted aye on the bill. House Bill 735 the clerk will read. Senators Ingram and Pierce house bill 735 a bill to be entitled an act to make various changes related to the department of public safety general Assembly North Carolina For what purpose does the the gentleman from Robeson Representative Graham rise? For a motion Mr. Speaker The gentleman is recognized for a motion Mr. Speaker I move that we do not concur with house bill 735. The gentleman from Robinson has moved that the house do not concur in the senate committee substitute for house bill 735. The gentleman is recognized to debate the motion. Thank you Mr. Speaker, members house 735 left this body April 30th and the vote was 107 to 4 and it is now back before us and the language that we approved and on the second reading and obviously the third reading is back before us and that language has been stripped and I would appreciate your support for this motion at this time For what purpose does the gentleman from Moore representative Boles arise? To speak on the motion. The gentleman has the floor to debate the motion. Mr. Speaker, I rise to, not in opposition to my good friend from Robinson county, I don't know what the bill went out as, I know that DPS and others have worked on this technical training in they are time sensitive and that we've got to get. I know we've heard this before, but we've got to get it passed before we go home, and these are all technical changes by the department and we will be glad to go over them but the DPS chairs, JPS chairs and the senate chairs have all worked on this and I understand the gentleman's concern I've had a couple on my bills and we need this passed Mr speaker For what purpose does the gentleman from Rutherford Representative Hagar rise? To see is Representative Boles would yield for a question. Does the gentleman from Moore yield to gentleman from Guilford, He yields. Representative Boles would you be asking us to vote no, no to not concur? I would vote no to concur so we can take and make a motion to concur. Follow up Mr. Speaker. Does the gentleman yield? He yields So we will vote red on this motion, correct? That's correct and nothing
against the gentleman from Robinson county. I saw this today, sir but I would need you to vote no so that we can make a motion to concur. For what purpose does the gentleman from Durham representative Mitchell rise? I'd like to ask representative Graham a question. Would the gentleman from Robinson yield to the gentleman from Durham? I yield. He yields. Can you tell us what the bill originally contains? Yes, thank you. The bill that left here in April was looking at reinstating driving privileges for those individuals who were incarcerated and I work very diligently with the agencies to draft this language which included adult corrections, North Carolina chefs association, misdemeanor confinement program, the administrative to office of the courts, division of mental health and substance abuse to come up with a way to look at these individuals who had lost their driving privileges and have those privileges reinstated. And I would like to also add representatives Mitchell, I knew nothing about this coming to this floor today and this forum or this fashion, thank you. Can I speak on the motion Mr. Speaker? you know I have been sitting here quietly and we've been getting run over and you're all sitting here taking it from those folks over on the other side over there, this is a travesty, this should not be happening this way, this is major legislation here that you're not trying to put a new law. We passed a good bill out of here that made sense for a lot of people, for the citizens of this state and what you're doing now, is you're taking the legislation that we pass as a body as being good, sound, legal fashion, send it over there, they stripped it completely and put something else. You may need it, we have a technical correction bill sometimes to come through and some things to be done with, but we don't have to have a lot, what we pay in this body, script out and something else put in. I would encourage that you vote not concur in this matter. For what purpose does the gentleman from Ashe, Representative Jordan arise? Inquire of Representative Boles. Will the gentleman from more yield to general from Ashe. I do. He yields. Thank you Representative. You said that you would let us know the details of why this is timely, why we need to get it done, and I'd just like to ask if you could please go over the details of why this DPS provisions are so timely and important? Well section one deals with the automatic safest deals with, it's a budgetary matter the appropriations were miscalculated by the department, as far as the finger printing automatic finger printing information, in section one. In section two, was requested is the, take the finger prints out of the nix, and that it stays is with the SBI, as far as when they five with the gun bill that was passed 562 and section three was clarifying language that when the state capital police was placed under the State Highway Patrol, that the classification was that they are not state Highway Patrol Officers, and that they're not subject to the statutory requirements and pay statutes that the State Capitol Police are not under the highway patrol was given the current money reported budgets of 300 at much 400, 000 of this are receipts to replace safest that meant to budget over collective receipts to the the budgeted amount of receipts has just not been updated and we just saw technical. Follow up. Does the gentleman yield to additional question? I do. He yields. Thank you for that information part of section two why are we no longer providing finger prints for certain crimes to Nics while I thought we wanted to get everything into Nics[sp?]
so we can use that as a background check to everything. I'll have to get clarification with on that Mr speaker speaker if you want to displace the bill you can or I will get back with you on it. Thank you that will very important to me. I believe there's a motion not to concur on the floor and then so is gentleman the maker of the motion, or was the gentleman from Robinson who made the motion? Gentleman from Robinson consent to the bill being displaced this time? You may give the gentleman an opportunity to talk with the general [xx]. Yes, that's fine, thank you. The bill be temporarily displaced members this seems like an appropriate time to go into a very brief recess. The Chair does want to go through some Bills to be added to this afternoon's calendar. For what purpose does the gentleman from [xx], representative Pitman rise? Thank you Mr. Speaker. I guess it's a point of personal privilege and announcement or something like that. The gentleman is recognized to speak to a point of personal privilege. It's been brought to my attention that somebody took a picture of me here on the floor and has tweeted out that I'm illegally carrying a gun. This bulge is a camera case that I used to carry my cell phone in, it is bulky. I got tired of those little flimsy things that were falling up all the time, so I got me something that takes good care of my fund. So whoever is twitting out that I'm illegally carrying a gun, you owe me an apology. I don't know who it was and you need to tell people that you were wrong. Thank you. For what purpose does the lady from Orange, Representative Insko rise? Okay, members the Bills to add to the calendar if I could have the body's attention. We previously added House Bill 647 and House Bill I think 735 is the one that's been displaced, these are the additional bills that were added in and I've got read the title if there's any objection to this bills being added we will vote on individually, so this time the Chair is asking to have the following bills. Members you may want to keep conversations to a minimum, pay attention. House bill 15 short title, education Software, SWT Tuition. Hearing no objection, so ordered. House Bill 658. An act to provide additional operating funds for the East 4H center hearing no objection so ordered. Senate bill 37 wave tuition fallen officer was guardian. Hearing objection, so ordered. Senate bill 561, an act to appropriate funds for special educations scholarships, hearing objection, so order. Senate bill 519. An act to promote the encouragement of parenting time with children by both parents. Hearing no objection, so order. senate bill 694 [xx] enforced pharmaceutical benefit management, hearing no objection so ordered, and those are bills that were just read in, rogue bills that we reported out at the appropriation committee earlier today. House will stand at ease. The chair is going to go back to senate bill 279 I believe the gentleman from Wake made a request that senate bill 379 be sent to the committee. It is the opinion of the Chair that the bill does not need to go committee for one, there was roughly 30 minutes of debate that had already occurred before the motion was made, so would almost, be a matter of snooze you lose, or doctrine of latches if you will Representative Jack and I respect the gentlemens request debate had undertaken quite a way generally that request should be made before the bill is taken up of course it would only require a motion if the gentleman would like to make a motion that the bill be refereed to the committee the chair will accept the gentleman motion if the gentleman wants to make that motion but as far directing that from chair to chair won't do that but is the gentleman would like to record that formal motion the chair will hear from the gentleman. Mr. Speaker I would submit that pursue into our house rule 44 subsection B that sends this conference report, contains material which includes significant matters which were not indifference between two houses that said the to be submitted to the standing committee which I understand is only the rules is only one rule for running now, I would certainly move that we move it to rules.
So the gentleman is moving that the bill remove from the calendar and referred to the committee on rules, calendar and operations, the gentleman has made the motion. The gentleman has debated the motion. For what purpose does the gentleman from Wake representative Stam rise? To debate the motion. The gentleman gentleman has the floor to debate the motion. Members of the house I would ask you to [xx] the motion we've already had about 30 minutes of debate on it, the rules committee has a full agenda for the rest of the afternoon and doesn't need this as well, we will of course just debate exactly the same things we've already debated. For what purpose does the gentleman from Handerson representative McGrady rise? To speak to the motion. The gentleman is recognized to debate the motion. Reluctantly I agree with my colleagues across there on this one. Rule 44 is intended to deal with conference reports that come back with new materials. And while it probably would have been preferable for this motion to be made immediately it's new material and if rule 44 means anything we ought to do what our rules say and send this back to a committee to be heard, so I support the motion. For what purpose does gentleman from Guilford, representative Blast rise? To speak on the motion. The gentleman has the floor to debate the motion. Mr. Speaker, the ladies and gentlemen in the house these situations like these really put me on the spot, maybe some of you others because I'm tending on this particular issue to side with what is in the conference report but to choose that outcome means I've got to endorse something that think it's highly dangerous. I'm sorry I have to so many times sound like a broken record on the same type subjects but I really think this is a dangerous situation and I know for example I know this is in criminal law but suppose you've all seen the old western where they just know somebody is guilty they drag him out and they want to lynch him and the law man has to stand there with the gun and force down the mob so that due process is observed. And in this situation just because you may have the right policy doing this sort of damage to what should be sacrosanct process is just not worth the outcome and again I don't think it's proper for the youths to come back on the last or next last day with a good policy and to put into some unrelated matter in a conference committee and I have worked, I have worked to stop that from happening there's a rules amendment I heard that actually passed the rules committee when we took out the rules and then it was reversed to try to keep us from having to get to here, to where you're put on the spot, but seriously, and I don't use due process lightly because we all sit here and our constitution says, we're supposed to make a frequent recurrent to fundamental principles. That is there in, right there in the preamble or one of the first articles, I can't remember which one it is, but it's just fundamental, that we are 120 people here, representing a similar number of constituents and we are here to represent them. I question whether we're representing them, when we follow a process that doesn't allow them to have any knowledge of participation in, what we as their representative body is doing. I don't see how it gets more fundamental the math and why we can't understand and grasp that. Now if this was something that needs to be done, why can't it have a bill filled and go through the normal process, seriously why do we sit here year after year and come up with rules and have a bill filing deadlines we spend two hours every session debating a bill filing limit and we're told that there are ten good ideas in the whole why is there a limit when at the end of the session a few people in a position can thereafter, put anything into a concrete approach and get it enacted
in the law, why do we have committees? Why do we even go through the charades on a lot of issues of having the committee and we all say we respect the committee process when it can be bypassed so easily and I just ask are if we really doing our jobs for the people if we do things this way and enact provisions that do not go through committees, and do not pass the chamber, and do not allow interested parties who we represent to weigh in the process and do not even allow you to know, do not even allow you the members to know and how do you go home and explain that you vote for things like this that you didn't even know about or see ahead of time? How? And if you do try to explain it. As I have said on a few other things, the jig is up now for politicians, it seems to be in this country. I see a movement out there, the people are mad that political double speak and representatives that go home and try put something over on them so I think it's time to really do it right and get it right and I don't like some of the things that cities are done that there is a chance to address that in the future and I just wish we had observed the right process because in some day it will be something you think it's horrible that somebody else is doing it in the wrong way and you are going to full helpless in trying to prevent it, and so forks I think we are going to honor this institution and sometimes doing that is hard it means giving up something you might like to preserve the greater good and just like my example of the lynching it's not worth the immediate justice to do the grave damage to the cause of justice by not following the process that we ought to follow and we are seeing it over and over, and we need to nip it in the bud to prevent it I would urge support of the motion, For what purpose does the gentleman from Pennsylvania representative Wittman arise? To speak on the motion. The gentleman has the floor to debate the motion Short and sweet I ask that you vote red on this motion. This bill regardless of how it's come about clarifies existing qualifications, respects local values when it comes to certain areas that our kids are educated in, make sure how that they are aware of how to recognize and report sex trafficking and the last part upholds existing law, we need to move this on in a green manner but right now vote red so we can do that and let's get on with the rest of the day. please vote red. For what purpose does the gentleman from Wake Representative Stan rise? To speak second time on the motion. The gentleman is recognized to debate the motion second time. Very briefly now I would say to my colleagues McGrady and Blast, there's three extra pages here, if you boil it down it's about a page of new matter budget had about 500 pages, excuse me, about 150 pages of new matter and Representative Blust did not ask for it to go to a committee for recommendation, folks we've already debate this, if you pass the motion it will just go to rules, we'll have the same repetitive motion that comes back out here again to what end, I ask you to vote yes. For what purpose does the gentleman from Wake representative Jackson rise? To speak a second time. The gentleman is recognized to debate the motion a second time. The end will be that we have followed our own rules. I didn't write them, I'm just asking you to enforce them. Further discussion further debate is not the question before the house is the motion to refer the conference report to the committee on rules, calendar and operations of the house. Those in favor will vote aye, those opposed will vote no, the Clerk will open the following members wish to record representatives Adams and representative Dwayne Hall, the clerk will lock the machine and record the vote. 66 having voted in the affirmative, 47 in the negative the bill is referred to the committee on rules, calendar and operations of the hous. Mr. Speaker. For what purpose does the gentleman from Cumberland representative Floyd rise? Inquiries chair. The gentleman may state his inquiry. Mr. Speaker look like we're going to have a long evening, could you assist me on my friend and I have two dollars I want to go to McDonalds. I couldn't hear the last part I'm sorry. I have $2 they want to spend in McDonalds. May want to spend a dollar for dinner and a dollar for breakfast in. Did that help?
If you come up short let me know I'll loan you a couple Members I think if the house come to order just a moment, just for planning purposes what the Chair intends to do is to go through a couple of other bills that the Chair believes maybe noncontroversial that stands to be corrected at any point based on a number of lights. That we will go through those and then to take recess. I know that the Republicans need to congress here at some point and the reason just so members will know why we're trying to go through bills and see where there issues or not is, for example if there's a bill where there's a motion not in concur and there needs to be a conference report worked out. Something can be done in the end from senate we're not coming back in here and running into that. So I'm trying to move this process along as quickly as possible so that being said that's where we are, so what we're going to do is move to, the Chair believes the other bills that are on the printed calendar for today may have some degree of controversy and/or are being worked on at this time. Therefore the chair is going to move down to house bill 15 for these are the bills that to the added to the calendar so we're going to start working through some of those house bill 15 the clerk will read. Representatives Pendleton, Stam and Gabler house house bill 15 a bill to be entitled an act to authorize the department of public instruction to use funds to enter into the state wide cooperative purchase and agreement for office productability of software for schools to establish the office of principal preparation and to commend the process for tuition endorsements and reimbursements for scholarships for students with disabilities and to exempt students in school science and mathematics and the school of arts are paying fees in advance placement exams, general [xx] North Carolina acts. For what purpose does the gentleman from Wake Representative Stam rise? To explain two sections of the bill. The gentleman has the floor to debate the bill. Member of the house I believe this passed fairly handly from appropriations maybe not unanimously section one you vote on it already probably three times because it was in well two times, three times if you are on appropriations or four times if appropriations it's an allowance to DPI to buy software cheaper for the 115 LEAs than the LEAs can buy for themselves so it's just to save money. The second section although I'm not sure it's second section in the bill, but it was the section related to special needs scholarships, it's really sort of technical, when the problem started a parent sent to be reimbursed at the end of a semester. for the expenses of the special education, we changed that I believe last year so that for the tuition part if they happen to go to a private school that could be paid at the beginning when the school needed the money, but many of the schools that sets special needs kids are not in the opportunity scholarship program so they don't use the same process of receiving the money. So the state education assistant authority brought this to our attention and said please make a change so that parents of students who go to this schools that don't accept property scholarships can as an alternative pay the tuition and get reimbursed later that's all it does and Mr speaker Representative Blackwell has a couple of other amendments that are in it that I can't explain. For what purpose does the gentleman from Representative Brody rise? Thank you Mr. Speaker to sent forward an amendment. The gentleman is recognized to send forth an amendment the Clerk will read. Representative Brody moves to amend the bill on page one line two by setting after the word act the following. The gentleman has the floor to debate the amendment. Thank you, Mr. Speaker. This bill we passed earlier in the year and just for no other reason it kind of got lost. And so I'm following up with this. It's very simple, it allows The Anson schools applied for a grant from the Department of Labor and Department of Education for $2 million for what's called the youth youth career connect, and this is a special pilot program that will allow kids to basically go to high school for the beginning of the day, and then get paired up with
an industry as well as allowed to be taken to some technical or engineering course from the community college, and this $2, 000, 000 and we're just asking that this be headed to this bill. Once again it was voted a pretty close unanimously during the session, you just kind of got displaced, got lost, Thank you For what purpose does the gentleman from Lake Representative Stam rise? To ask Representative Hall a question. Does the gentleman from Durham Representative Hall yield to the gentleman from Wake? Hope so. He yields. First of all, this seems to be a pretty good amendment but it does change the title would you anticipate an objection to moving on to third reading in view of the day on this, all of these provisions on this bill are sort of semi-technical and if you want to be thinking about it that's okay Thank you. For what purpose does the gentleman from Wilkes representative Elmore rise? Send forth an amendment. I'm sorry. We're presently on another amendment on amendment one. May I ask this question, this amendment would have the effect of changing the title of the bill and which would, in essence, prevent this bill from being able to being considered a suspension of the rules, and would therefor kill the bill. Is there any member who intends to object or to oppose a suspension of the rule? Hearing no objection, the chair will assume then that no one will raise that objection later. For what purpose does the the gentleman from Cumberland Representative Floyd rise? Mr speaker minority leader [xx] the gentleman from Mr. Speaker put that to us. Do you have, he asked about where their any objections because [xx] and therefore. Yes my position on that would be someone plans to object the third reading I would ask Representative Brody to withdraw his good amendment but if nobody plans to object the third reading I think his amendment is fine. Mr speaker follow us, the gentleman is recognized for an addition question, does the gentleman from Wake yield to an addition question? I do. He yield. Representative Stam you have the minority leader beside you could you quietly propose that question to him? Apparently representative Stam is the attorney for Representative Hall at this point. The answer is no. We don't here an objection and therefor I think this wonderful amendment should pass. Further discussion, further debate on the amendment? If not, question for the house is adoption of amendment one sent forth by representative Brody, those in favor will vote aye, those opposed will vote not, the clerk will open the vote. The clerk will lock the machine and record the vote. 114 having voted in the affirmative and 1 in the negative the amendment is adopted. The the gentleman from Stokes, Representative Hallway, is recognized to send forward an amendment. The Chair will take amendment H15HTW44V6. The gentleman like to send that one forward first. Mr. Speaker, I send forward two amendments. One I withdrew, and I think that's the one you just called out. Representative Valbonne actually has a better version. Okay. The gentleman wants to send forth ATW43V4 That's correct yes sir, As a matter of housekeeping the first amendment will be to the gentleman is recognized to send forth amendment report and the gentleman now has the floor. The clerk will read the amendment. Representative Horowe moves to amend the bill on page one line four by rewriting the line to read. Members that same situation here on the tittle change the Chair would inquire if any member is going to object to second and third based on this amendment. In objection the gentleman is recognized to debate the amendments. Thank you Mr. Speaker this amendments just limits non instructional duties or instructional teachers and it just requires that schools create policies that try to limit non instructional duties to the best of ability that's all it does as we support. Further discussion further debate if not the question before the house is adoption of the amendment is do sent forth forward by representative Horoway. Those in favor will vote aye those opposed will vote no. The clerk will open the vote. Clerk will lock the machine will
record the vote, 113 having voted in the affirmative and two in the negatives of the is adopted, the gentleman from Wills Representative Wilmore is recognized to send forth an amendment, the Clerk will read. Representative Wilmore moves to amend the bill on page one line 17 through 18 by inserting the following between those lines. Gentleman has the floor to debate the amendment. Thank you Mr. Speaker this clarifies some language to help retired teachers who are working part time in the schools be able to easily keep there license current, I would ask for your support on the amendment. For what purpose does the gentleman from Durham representative Michel rise? Inquire of the chair. Gentleman may state his inquire. How many amendments are we going to put on this bill Mr. Speaker? That's the last one I see further discussion further debate if not for what purpose does the gentleman from Meclkenburg representative Blowley rise? Mr. Speaker the bill is about three pages long I want if the gentleman can give us a little more in depth explanation of the amendment. Will the gentleman from Meclenburg like to submit a question to the gentleman from Oaks? Yes. Does the gentleman from Oaks yield? Yes. He yields. Representative Elmore would you please explain your amendment to me in greater detail because I can't read it fast enough to know whether I'll vote for it. What this amendment will do is for a teacher that is going into retirement but yet they are still working in a part time capacity in the school they still may won't keep the license current, their actual teaching license with this will greatly help out HR departments if we have a need for one of those teachers to do a fill in because of the highly qualified regulations that come down from the federal government. Further discussion further debate? If not the question for the house is the adoption for amendment three set forth by Representative Elmore, 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. 113 having voted in the affirmative, two 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 15 on it's second reading, those in favor will vote aye those who oppose 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 2 in the negative house bill 15 passes it's second reading as they are objection to suspension of the laws set the bill might be heard for third reading. Hearing none the bill will be heard for third reading, is there objection to third reading? Hearing none the bill will proceed the clerk will read. General Assembly of North Carolina enacts. For what purpose does the gentleman from Mecklenburgh Representative Brory rise? Having finished reading the amendment. The gentleman is recognized to debate the bill. No, sir. I would like to change my vote from no to yes on Representative Almore's amendment. The general will be recorded as having voted Aye on the Almore amendment. Further discussion, further debate if not, the question for the house is the passage of house bill 15 on its third reading those in favor will say aye. Aye. Those opposed no. The ayes have it. House bill 15 passes it's third reading. And will be sent to the senate. Members, one additional bill the chair's adding to today's calendar, is house bill 526 Stanfield the annexation, Locust deannexation, any objection? Being none, so ordered. House bill 526, the clerk will read. Representative Burr, house bill 526 a bill to be entitled to an extent describe property from the city of Lucas. To an extent to describe property into the the town of Stanfield and to an extent describe property to the [xx] limits of the town of Langsville subject to a referendum. General Assembly of North Carolina Enacts. Gentleman from Stanley, Representative Burr is recognized for a motion. Thank you Mr Speaker, I move that the house not concur on the senate committee substitute, the house bill 526. Further discussion, further debate, if not the question for the house is the adoption of the motion not to concur? Those in favor will vote aye, those opposed will vote no.
The clerk will open the vote. Representative Terry you wish to record on this vote? Clerk will lock the machine, and record the vote. 104 having voted in the affirmative, ten in the negative. The motion not to concur is adopted. The chair appoints its camporee Representative Burr representatives passed now. Senate will be so notified. Will also be done by special messenger. Amen the Chair will direct that house bill 15 also be sent to the senate by special messenger. Chair is going to go back to house bill 735. Gentleman from Robinson Representative Gram is recognized, I believe the motion before the house was a motion not to concur, for what purpose does the gentleman from Robinson representative form Robinson representative Graham rise? Thank you Mr. Speaker and I withdraw my motion not to concur. Does the gentleman have a substitute the motion, the gentleman who has a debate. Yes Mr. Speaker. The gentleman is recognized for a motion. I would move that we concur with house bill 735. Further discussion, further debate if not the question before the house is the adoption of the motion to concur with the senate committee substitute to house bill 735. Those in favor will vote I those opposed will vote no The clerk will, lock the machine and record the vote 111 having voted in the affirmative and three in the negative, house does conquer with house bill 735, bills ordered in road and sent to the governor, house bill 658 clerk will read. Representatives Elmore, Whitmire, Steinburg, Blackwell house bill 658 a bill to be entitled enact to provide additional operation funds for Eastern forex general assembly of North Carolina enacts. For what purpose does the gentleman from Chowan Representative Steinburg rise? To speak on the bill Mr speaker, the gentleman has the floor to debate the bill. Thank you Mr. Speaker, members of the house, ladies and gentlemen this particular bill is just what the exportation this visit is to provide additional funds for the Eastern foliage center in Tyrrell County just outside of Columbia, North Carolina. This 4H center was recently remolded back in 2005 they spent $10 million the state did we spent $10 million and since that time there has been nothing done to the center there's been no additional money put into it and it is in desperate need of some attention this is a very very important center as I mentioned is on 200 hectares and a lake in Columbia, it as well as doing it's traditional forage duties and also servers a lot of the military dependence and the special needs youths so there is further accommodations that need to be made to protect those folks as well so that they can access it, this is a one time appropriation did go through appropriations committee today. If you have any questions I'll be glad to answer thank you, ask for your support What purpose does the gentleman from Wake Representative Pendleton rise? To speak on the motion. The gentleman has the floor to debate the bill. I would like to address Representative Stan Burch have you made any provisions within sea state and their extension service on keeping it up to date maintenance rise. May I answer that Mr. Speaker. Does the gentleman yield? I do. He yields. You don't have to repeat your question, representative Thangleton. Yes I have spoken with the NC state about this, we had some budget cut in the past, they're not seeking any additional money this is money they have not received over the years to help them tender this things so for those recession years and so forth, so that's what this is, this is an ongoing expenditure but just a one time expense to kind of bring them back towards the ship if you would. But what I mean from this point on do they intend on keeping up the maintenance? They should get them back to
where they need to be and then we're hoping NC state will pick it up from there. Okay Further discussion, further debate if not the question for house is the passage of house bill 658 on second reading, those in favor will vote aye, those opposed will vote no, the clerk will open the vote. [xx] Representative Daughtry, Representative Davis recorded aye. Representative Briston on the floor? The Clerk will lock, the machine and record the vote, 113 having voted in the affirmative oen the negative house bill 658 passes the second reading, and we'll without objection be read the third time. General assembly North Carolinian acts. Further discussion, further debate, if not the question for the house is passage of house bill 658, wants third reading those in favor will say aye? Aye. Those opposed no? The ayes have it. House bill 658 passes its third reading, the bill will be sent to the senate. Senate bill 37, the Clerk will read. Senator Smith and Apodaca senate bill 37 a bill to be entitled an act to provide tuition waiver for survivors of law enforcement officers, fire fighters rescue squad workers and certain others also apply to children, whose legal guardians and legal custodians are law enforcement officers, fire fighters and rescue squad workers. General assembly of North Carolinian acts. for what purpose does the gentleman from Robinson Representative Graham rise? To speak on the bill, The gentleman has the floor to debate the bill. Thank you Mr speaker, members this is the companion Bill to House Bill 19, this bill left here by an unanimous vote 115 to 0 went to the senate and is back before us certainly appreciate your support there was no changes to this language. I appreciate a favorable vote thank you. further discussions, further debate, if not the question for the house is the passage of the senate bill 37 on its second reading. Those in favor will vote aye, those opposed will vote no the clerk will open the vote. Representative Graham does the gentleman wish to vote on his own bill? The clerk will lock the machine and record the vote, 114 having voted in the affirmative and none in the negative senate bill 37 passes it;s 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 senate bill 37 on it's third reading those in favor will say aye the ayes have it, senate bill 37 passes its third reading the bill be returned to the senate, senate bill 651, the clerk will read. Representative Rucho senate bill 561 a bill to be entitled an act to appropriate additional funds for special education scholarships, general assembly North Carolina next. For what purpose does the gentleman from Wake representative Stam rise? To explain the bill. The gentleman is recognized to briefly debate the bill. Mr. Speaker, members of the house this bill corrects an egregious error. We funded enrollment increases for K12. We funded enrollment increases for community college which we funded in Roma increases for UNC, we even funded in Roma increases for opportunity scholarships. But we did not fund in Roma increases for special education students whose parents want them to get the scholarships. They are about 500 on the waiting list, qualified according to state education assistance authority, according to fiscal note, this would cost 2.8 million to get them off the waiting list, but, by the second year, the cost goes down to half a million and net savings, when you include the LEA. These are the, if I could pay any of those groups which ones we should favor and make sure to fund, this would be the one. It just was forgotten I think through an oversight. I believe it passed the appropriations committee 37 to 14. This particular program, has not been that controversial the last couple of years so I'd encourage you to vote for this bill, thank you. For what purpose does the gentleman from Camberland, representative Lucas rise? Thank you Mr. Speaker as many of you. The gentleman is recognized to debate the bill. Thank you Mr. Speaker, again, I apologize. Many of you may be confident that, when it
comes sending appropriation from a regular school to another fund and I generally oppose that, but in this instance I'm on board with Representative Stam I think it's a good idea to do just that, I urge you to support this legislation. For what purpose does the lady from Orange Representative Insko rise? To debate the motion. Lady has the floor to debate the bill. Thank you Mr Speaker members I know this bill will the pass I know it's well intended that we need to face up to the facts that we do not fund our special education students enough for them to leave high school ready for a job and that's our responsibility and we're failing in that responsibility, it's a responsibility we have to the children of the state into the future of this state. I'm a no vote on this bill, I may be the only no vote but we need to get it right. Further discussion further debate? For what purpose does the gentleman from Durham, representative Hall rise? To speak on the bill. The gentleman has the floor to debate the bill the bill. Thank you Mr. Speaker and, I just want to, maybe this is the improvements of the bill or another way to look at it and I heard the discussions, this morning and appropriations, and one of the things that is not present in the bill and maybe something that we need to look at, is whether or not is means tested and therefore reaches the people in most need, or whether it's not is a situation where those who happen to I doubt about it all the ones who get to take advantage of it, and that may not be sure of the purpose we want. The other question becomes what is the oversite it is going to be done to measure the effectiveness of it, we have continued now in the last days of session to do two things and I spoke with some members on the other side of the house this morning one thing is to take one more dollar from public education and put them in the programs without over say insufficient to ensure they were. The second thing is to raise the bar on our agencies and say we're going to come up with all of these programs to evaluate your effectiveness while at the same time with the other hand, we are handing out funds taken from the general fund, and giving them to organisation that don't have their records and haven't passed the same scrutiny. So I hope that will be taken into consideration as you decide to go forward on the other bills. Further discussion for other debates, and if not the question for the House is to passage of senate bill 561 second reading. Those in favor will vote aye, those opposed no, clerk will open the vote. Clerk will lock the machine that record the vote. 100 having voted in the affirmative, 14 in the negative, Senate bill 562 passes it's second reading and will without objection be read a third time. General assembly of North Carolinina act Further discussion further debate? If not the question before the house is the passage of senate bill 561 on its third reading. Those in favour will say aye, Aye. Those opposed will oppose no, No. The ayes have it, senate bill 561 passes it's third reading, be returned to the senate. Senate bill 519 the clerk will read. Senator B Jackson, Senate Bill 519: The Bill to the entire enact to promote the encouragement of parenting time for children by both parents. General Assembly of North Carolinian enact. For what purpose does the gentleman from Union, representative Horn rise? To make a motion. The gentleman has the floor for a motion. is the gentleman wishing for a motion or to debate the bill? Debate the bill. The gentleman has the floor to debate the bill. Thank you Mr. Speaker. This bill comes over to the senate it's actually the same bill that we worked in the house just that they beat us to the punch and that's fine, this bill has passed the senate unanimously it makes a few changes in child custody laws in support as providing a guide, not an instruction. There is not a prescriptive bill, it simply guides the court as to reducing [xx] litigation, by encouraging Child Centered Good Faith joint parenting, encouraging parents to take responsibility and encouraging each parent to maintain a healthy relationship with their children. There's one spot in the bill that gathers a question in appropriation today and it was actually the very last sentence of the bill and it was asked whether we should be prescribing or joint custody, this is encouraging joint custody rather than having it a presumed position, I ask that you support the bill. Further discussion, further debate.
If not, the question before the House is the passage of senate bill 519 on its second reading those in favor will vote aye, opposed will vote no, the Clerk will open the vote. Representative Prebbleton does the gentleman wish to record, Representative Reed Clerk will lock the machine and record the vote. 113 having voted in the affirmative and two in the negative, senate bill 519 passes it's second reading and will without objection be General assembly of North Carolina enact. Further discussion, further debate? If not, the question before the house is the passage of senate bill 519 on it's third reading, those in favor vote aye Aye! Opposed no, the ayes have it senate bill 519 passes it's third reading will be returned to the senate. Senate bill 694 the clerk will read. Senator Newton, Lee and Daniels, senate bill 694 bill entitled in act to the correspondence education during world child visit to specific age intervals regarding type one diabetes and to amend the law pertaining to follow significant management. General assembly North Carolina Acts. For what purpose does the gentleman from Robinson Representative graham rise? To speak on the bill Mr Speaker The gentleman has the floor to debate the bill. Mr. Speaker, members, section one of this bill, we passed it out at the house on 29th of April 111 to the 6th, it went over to the senate and no changes were made in section one. I added and I think representative Lewis may want to speak to section two. I defer my time to section this. Further discussion. Further discussion, further debate, if not the question before the house, for what purpose does the gentleman from Nash representative Collins rise? I was going to ask the question of anybody who knew anything about section two. Does the gentleman from Harnett representative Lewis yield to a question for the gentleman from Nash. I do Mr. Speaker. He yields. I had somebody from the pharmaceutical benefit industry ask me if I would read this section carefully and I did and I'm not sure what the bill was that we passed before that this relates to, but reading through the bill it reads like something that was written by lawyers and pharmacists to increases lawsuits with the assumption that every pharmacy benefit company is full of crooks, if you read the whole thing I don't see anything in here to protect either customers or [xx] that benefit counties against pharmacists that are unscrupulous but everything here is kind of pointing in one direction I was just wondering if this is something that we've come across that needs this kind of treatment or not if you read it you see this is very heavy handed and very very one sided and I'm just like what the emphases really this is. Mr Speaker, I apologize to the members from Nashville, I apologize to the members, I simply I'm not prepared to speak on this bill, I ask that it be displaced. The chair will displace the bill this time. The House is displaced momentarily, Mr speaker Yes for what purpose does the lady from Orange Representative Insko rise? Could that house be displaced until after the next break? we're about to take a break, I'm just going to see what administrative matters may need to be taken up privately. Members we're about to go into recess until 6:30. It is the understanding of the chair that we will be at least a caucus, and there will be a couple of committee meeting that we're looking coming back at 6:30. For what purpose does the gentleman from Hertford representative Heger rise? For an announcement. The gentleman has the floor for an announcement. Thank you Mr. Speaker propose for caucus as soon as you put us in recess in room 423. What purpose does the gentleman from Wayne Representative Martin rise? For a moment of personal privilege. The gentleman is recognized to speak to a point of personal privilege. The house will come to order. Thank You most Mr. Speaker. Members I think it was on Thursday there was read in a representative of statement honoring the 5555 parachute Triple tier and Triple nickles I won't read the whole statement to you to let you know they were an all African Americans parachute I informed that mid way through World War two. They were actually deployed to the Pacific north west to fight false fires some of which were believed to be started by the Japanese attacks, one of the craziest thing you can do
in a military is to jump out of an aero-plane, one of the few things crazier than that is to actually jump into a forest fire and the Triple nickles did it. I've always admired them for their courage and being willing to go to war, for their courage and volunteering as paratroopers and their courage in serving in a segregated military defending a segregated society that didn't treat them with the dignity and respect they deserved yet they still stood up to defend that very society, they were stationed in North Carolina, so large part of their illustrious history is tied to our state, the reason they celebrated their annual reunion and General Dennis Via spoke at the reunion and he said thanks to the trail you blaze 70 years ago. There're thousands of soldiers who's services as para troopers and who's military careers were all made possible by Triple Nickles. When you stepped out of that plane so many decades ago you stepped into more that thin air, you stepped into history. Thank you for lying at this time to honor the great Triple Nickles. For what purpose does the gentleman from Wake, Representative Dollar rise? For an announcement The gentleman has the floor for an announcement. The full appropriations committee will meet at at 5 o'clock in 643 to take up the Budget Technical Corrections Bill. For what purpose does the gentleman from Harnett Representative Louis rise? Announcement The gentleman has the floor for an announcement. Mr. Speaker, members of committee on rules calendar and operations of the house will meet at 5 o'clock in room 544. The Bills have been noticed pursuant to email system. For what purpose does the gentleman from Cumberland representing Lucas rise? For a moment of privilege Mr. Speaker. Gentleman is recognized to speak to a point of personal privilege. Thank you Mr. Speaker. Representative Martin made reference to the Triple Nickle. it pleases me to share with you that in my community there are several members who are still living who were original members of the 555, the Triple Nickles. They've all been folded into the 80 second they're born would still active at this time however the Triple Nickle still maintains a commemorative force, among whom is one of my favorite Triple Nickles, the first African American mayor of the town of Spring Lake, Billy Manning. He served graciously in World War II, Vietnam and now is happily retired, doing well as he transcends close to 90 years of age, thank you. For what purpose does the gentleman from Durham Representative Hall rise? The gentleman has the floor for an announcement. Thank you Mr speaker, democrats will caucus at 6:30 Mr speaker that's on presumption that we are coming back in session at 7. That's correct the Chair has revised the time to come back from 6:30 to 7. I believe that will give folks opportunity after this committee meetings to grab a proper diner. I know we've been on the floor now for several hours so maybe a little break maybe appreciated, and without objection the chair will suspend rule 12H for the remainder of the evening. Further notices,, and announcements? If not subject to ratification of bills, messages from the senate, committee reports, conference reports, re-referral of bills, and resolutions, and appointment of camporees to the house does stand in recess until 7 P. M, we're in recess. The house will remain in recess until 7:30. The house will come back to order. Special messages from the senate the clerk will read. Mr. Speaker does that should be sent to the house of representatives with the information that senate adopts a report for camporees for house bill 531, conference report appears to be entitled not authorized county and the city of Sanford to Lenoir to authorize more counties additional three percent will mark a special tax. Create a special taxing district made up of all areas in Horn county. Exclusive to diaspora township, and to authorize that special tax, and this will delay the six percent special tax, and to make changes counties income of tax and prepare for the tax when appropriate action has been taken by both chambers the
bill will be order respect for the North Carolina. Noted, gratification bills clerk will read, the clerk will continue with the message. Mr speaker for pursuit with the message received today the house of representative failed to concur with house bill 924 for senate to submit substitute number two fourth edition, a bill to be entitled an act to clarify when the law enforcement officers required to request a blood sample for change in the misdemeanor death by being able to clarify the law governing the prohibit use of red and blue lights pills set mandatory recording regardless of products to clarify, subpoena authority [xx] directive [xx] material deposits on state lands. Increased costs of work that can be performed by a governmental force, account labour, and [xx] against the matching funds requirement. President [xx], Senator Sanderson chair, senators Raven, Highs, Dun, Tillman and Randleman on the part of the senate conform with the like committee approved [xx] the differences arising may be resolved. Respective [xx] Noted. Ratification of bills and resolutions, the clerk will read The Raily Clerk reports to the following bills due to ratify presentation to the governor, senate bill 159 enact to require favour of additional taxes via corporate owners and record and correct valuations and to provide options for the dispositions [xx] corporate tax refunds. Senate bill 813 enact to recognise the importance and legitimacy of industrial health to derive for compliance of potions of federal agriculture act 2014 into promoting increase agriculture employment, senate bill 513 enact to provide regulatory relief for the agriculture community in North Carolina by providing various transportation and environmental reforms in making various other statutory changes, senate bill 524 enact to enhance the review of instruction of to have sounding principles, and to authorize the department public instructions to use funds to conduct the pilot program of the intergrated community based [xx] sports program for students with disabilities. Senate Bill 698 An act to provides for certain exemptions under Certificate of Need Law. House Bill 8 an Act create open judicial elections with party based for the Court of Appeals house bill 327, an act to be make technical and conforming changes to the statutes governing the regulations of emergency medical service to reflect newer national standards, medical personnel. House bill 558, an act to ensure representation on the North Carolina military affairs commission and the North Carolina National regard and to reserve components of United States Armed Forces house bill 647 and that authorizes the health care providers to describe a pharmacist to dispense to auto reject injections and authorize child saving entities under the school for emergency treatment of influxes, house bill 735, an act to make various changes related to the department of public safety. [xx] to following this during the presentations to the government. Senate bill 37 an act to provide that the tuition waiver for survivors of law enforcement officers, firefighters or rescue squad workers and certain other officers for a motion. Gentleman is recognized for a motion. Mr. Speaker I move [xx] the house to be granted to go past 9 P. M. Gentleman has moved that the house to go past 9 P. M. parenting with children by both parents Senate bill 676 enact to provide coverage for the treatment of autism spectrum disorder. Chapter of bills will be noted. For what purpose does the gentleman from Durham representative Mitchell rise? Inquiry of chair. Just a moment the house will come to order, the gentleman may state his inquiry. Mr. Speaker there were some of us who were wondering about how far are we're going to go tonight and maybe might want to make a suggestion that you might want to look at with some favor and I'll tell you what the suggestion is, we've done [xx] work I think, we stayed late here last night and, I think if things are right we could get a good night sleep tonight come back 9 o'clock in the morning and make everything shut down and at 3 o'clock at 3 o'clock tomorrow afternoon that's just a suggestion but you know how folks can get rather [xx] stay up late and I think we can accomplish more all of us get a goodnight sleep and came back 8:30 in the morning if you want to do it that way and set a particular cut off time and that would be it just think about it. Thank you Representative Mitchel we will
be checking with the senate to see what their intentions are as well at this point we will try to it is approximately 8 o'clock and by the way the Chair would ask consent that we go past 9 PM this evening is there objection? Objection. The Lady from New Hanover objected the rules chair is recognized for a motion Mr for a motion. The gentleman's recognized for a motion. Mr. Speaker, I move leave of the House be granted to go past 9 PM. The gentleman has moved leave of the House to go past 9 PM. The question before the house is the adoption of the motion those in favor will vote aye those opposed will vote no the clerk will open the vote Five members wish to record Bishop, Warren, Shepard, Howard. The Clerk will lock the machine and record the vote. 83 having voted in the affirmative and 29 in the negative, the motion prevails. House bill 318, the clerk will read Representatives Cleveland, Millis, Whitmire and Conrad house bill 318 appeal to the entitle an act to required a verify compliance of certain governmental contracts and provide certain proposed[sp?] embassy documents for not being used to determine a person's identification and residents for governmental and law enforcement for purposes to prohibit adoption sent to receive the ordinances and to prohibit the department of health and human services from seeking such manis[sp?] General Assembly North Carolinian enacts. Chair's going to temporarily displace the bill the gentleman from Wayne Representative Bell has been recognized to send forth the conference to support the clerk will read. Conferees report to resolved differences between the senate and the house of representatives on hose bill 541 a bill to be entitled an act to authorize Wayne County in city centre to leave a room occupancy tax to authorize Moore County to leave an additional 3% room occupancy tax and bring a special tax district made up of all areas of Honik[sp?] County exclusive to the Township to authorize a special tax and distribute levy 6% room occupancy taxes to make changes to the Cumberland County occupancy tax to prepare food tax senate finance committee substitute to adopt 92115 submit the following report. the conferees recommended the senate and the house representative adopt this report the conferees approve report September 29 2015 conferees for the senate Senate Pate Chair, Senator Meredith, Tillman, Rabon and Brown conference for the house representative with Representative R. Bell Chair, Representative Davis [xx] and Cotham The calendar 36 B and without objection this evenings calendar so ordered. The Chair is going to dispose of this bill before we get. And the 318 this is a local bill, House bill 531 the clerk will read The conferees report to resolve the difference between the senate and the house of representatives, House Bill 531 a bill to be entitled an act to authorize Wake County and the city of tax authorize e more counties levy additional 3% rule on the back of tax. Gentleman from Wayne is recognized for a motion. Thank you Mr Speaker I move adoption of the conference report the gentleman moves the adoption of the conference report does the gentlemen desire for a debate? Yes sir, the gentleman has the floor to debate the conference report. Ladies gentlemen the Bill that left the house I had some Christmas tree almost put on it. We did away with those Christmas ornaments and it has arrived the same way it left the house, it went through all the committees and nothing has changed since I left the house I ask that for your support. For what purpose does the gentleman from New Hanover Representative Davis rise? Speak the bill the gentleman has the floor to to debate the conference report. Thank you Mr. Speaker, I vote, I request that the house members do vote on this to adopt it as Representative Bill said this particular bill is in compliance with our guidelines that the House has concerning Occ tax and I'll ask you to vote green. For what purpose does the lady from Mecklenburg, representative Catherine rise? Thank you Mr. Speaker, to speak on the conference report. The lady is recognized to debate the motion. Thank you Mr. Speaker, members I encourage you to vote green on this bill as a member of the occupancy tax for committee, for a long time now. It's really important that we follow the guidelines that the
houses put in place, this bill does that, so I ask you to vote aye, thank you. Further discussion, further debate? If not, the question before the house is the adoption of the conference report, the house bill 531. Those in favour will vote aye, those opposed will vote no, the Clerk will open the vote. [ BLANK ] Clerk will lock, the machine will record the vote. 195 having voted in the affirmative and 19 in the negative, the conference report is adopted. The Senate will be so notified, the bill is ordered and ruled. Now we'll go back to house bill 318, the gentleman from Ansell, representative Cleveland is recognized to debate the bill. Thank you Mr. Speaker. I'd like to make a motion to concur, with the bill has come back from the senate and to speak on the bill. The gentleman has the floor. When the senate sent the bill back our original bill that went over they've taken two parts out of it the part where we had broaden the number of industris that had to you see verified and exempted the former community out of it and where we reduced the requirement folks to use be verified however they left a parch in it concerning the municipalities and the matricula[sp?] card. They did add two sections, one was an option of sanctuary ordinance is prohibited and therefore they've said no county may have an effect any policy order to procedure the limits that restricts the establishment of federal immigration laws unless full assent are permitted by federal law, and it also said that no county or municipalities shall do any of the following related to information regarding the citizenship immigration status lawful or unlawful of an individual, prohibit law enforcement officials or agencies from gathering to such information to make law enforcement agencies not to gather such information or prohibit the communication of such information to federal law agencies. In addition to that, the additive to provision of certain waivers and this basically says except for waivers or disasters, supplementary nutrition assistance sort for an area that has received the presidential disaster decoration of individual systems from federal emergency management agencies department shall not seek waivers of time limits amendments to establish by federal law for food nutrition benefits for able bodied adults without dependents required to fulfill work required to qualify any waiver set are in place as at one September 15 will continue until they expire, all other requirement that are request for waivers must cease by March 1, 2016 . I was under the impression that this was worked out with DHHS and I think there actually is half a loaf that I gave to DHHS instead of a full loaf. DHHS had preffered on 15 July they feel they'll pressed to accomplish this in the time frame we are given and that is in a nutshell of what has heppened with 318 and I'd request that you vote green on the bill. Further discussion, further debate. For what purpose does the gentleman from Dirham representative Luebke rise? See if representative Cleveland yield for a question. Does the gentleman from Onslow yield to the gentleman from Durham? I do.. representative Cleveland I just wanted to ask you a question about the last partition of the bill having to do with the necessity of people the part of the bill that says that people with lose their food stamps if they're not finding a job can you tell me about that? This are able-bodied adults without dependency and they are addressing here and I
can tell you what I told that's in the Bill, besides that what would you like me to say? Well, if I may follow up Mr. Speaker Does the gentleman wish to ask an additional question? Yes sir Does the gentleman from Onslow yield to an additional question? I yield. He yields. Representative Cleveland what about the number of many rule in which there's a high level of unemployment the number of jobs is very, very minimal, do you think it's right to go ahead and support this even though it's obviously the harmful to people in counties with large high levels of unemployment, the individuals there were aware the harmed because of the high level of unemployment they won't be able to do what they were demanded they were going to do because of food stamps, is that what you really want to do? Representative, the department of health and human services was fazing out program as it is, the only thing the senate did was hurry them up by about six months, so it was a program on way out and the senate decided that they would close it sooner. Final follow up, Does the gentleman from yield to an additional question? I yield He yields. So you're saying you feel it's all right at this time to cut off the benefit under this circumstances to now withstanding high unemployment counties, I do not have a lot of problems with cutting out food stamps to able bodied single individuals, thank you. For what purpose does the lady from Guildford, Representative Harrison rise? To debate the bill The lady has the floor to debate the bill. Sorry, debate the motion. Please I am lladies and gentleman of the house I've been hearing a lot from our folks back home about this bill which is rather anti immigrant tone and I feel Greensboro faith function has a municipal ID program that has been widely successful. More than 3000 residences of Guilford county carry this ID cards the police enforcement other government agency have used this IDs and this has been a very important aspect of participating in lawful daily lives and I'm worried about what then title this means because it looks like this bill invalidates the municipal Id programs in fact the fake that the fake action ID program has been uses a model around the country for other cities that would like to follow similarly, and I understand it might be in technical corrections, I haven't heard anything officially about it that might ameliorate this problem at least with regard to law enforcement, but right now the way the bill reads, it's going to be very problematic for this individuals because we have just invalid all forms of ID for individuals who are undocumented immigrants, so I have concerns about the food stamps issue for unemployed, and therefore too but the ID problem is very real for my community and I'm going to have to urge you to vote no, thank you. For what purpose does the gentleman from Wake representative Stam rise? To speak on the motion. The gentleman has the floor to debate the motion. Mr. Speaker, members of the house, my vote for this motion is because I have been assured that there is an amendment coming that will deal with the serious concerns that the AOC, the sherifs, the chief of police raised concerning a particular section of the bill. I think representative Cleveland has assured me that it's coming but I think if I could ask representative Miller's a question because he is the one who worked on it and if he could just briefly describe it for us, I would appreciate it to make my votes for this bill better. For what purpose does the lady from Orange representative Insko rise? To ask representative Stam a question. Does the gentleman from yield to the lady from Orange. I was wondering actually can I ask representative Millis my question first. I apologize Mr does the gentleman from Pender, Representative Millis yields to the gentleman from Wake. Yes Mr. Speaker. He yields. What is the technical amendment that you worked out and who have you worked it out with. Thank you Representative Stam for that question by the way despite this bill being out it passed this house April 22nd we are happy still to work on actually making sure that this provision that Representative Stam talks about is able to be enforced properly by law enforcement and what would actually happen as an amendment on the floor to the technical corrections bill, I'll point you to page three of the bill section 11, and what section 11 does is on behalf of the actual documented immigrants and citizens of the state, we want to make sure that we have
identification that we know that an individual is who they say they are, and that we're not building upon and allowing acceptable forms of ID that could be fraudulent, but in terms of law enforcement Representative Stam what will actually be done is that in terms of them actually engaging in their duty actually have an individual that if all they have on them is a certain form of a local government issued ID or other forms of ID outside the [xx] cards that they can carry through with their duty in terms of law enforcement, that's what that technical corrections will do, and I've worked with the head of the police the chief's on this in-coordination with the sheriffs association on this and as a matter of fact bill drafting she have a serious something shorty. For what purpose does the lady from Orange Representative Insko rise? I wanted to speak on the bill. The lady has the floor to debate the motion. Thank you Mr. Speaker and members I have a very strong concern about this section 16B that has to do with the food staffs. I have been in contact with several people in the Department of Health and Human Services and they tell me number one this will be a a disaster with MC tracks they still dont have the back log all cleared up and this will create, there will be more than 100, 000 people that will be affected by this motion, this and that would create even more chaos in the NC tracks. This is an unwise a provision from the point of view of how is going to have an impact on our own department of health and human services. In addition, this takes millions of dollars out of our communities, out of our wall mart grocery stores, where low income people go and get their food and turn in their food stamps. This is going to is going to create unemployment that we do not anticipate. In addition, there are 77 counties in North Carolina, there still 20% higher than the average unemployment rate in the United States. If there are jobs available, the people that are unemployed do not qualify for those jobs because they do not ave the skills. Two social service directors just told me this isn't a bad thing to do but they need to gear up their training programs and then let the people go through the program which will take at least a year, a year and a half, so this is a well meaning provision, the dates are way off and is going to create problems, in addition I think that you are naive if you think that this will not create a hunger. I want to tell you that my father ate very slowly and when we were children my mother wouldn't let us children leave the table until he'd finished eating, so we waited for the meal to be finished and then we got dessert and then we waited until he finished eating his dessert, but I got to high school I asked him why he was such a slow eater, he said well there was a time when I did not know whether I was ever going to have any other meal to eat and so I for the food. He was able bodied. There were no jobs in the depression and there was no food in the dust bowl. There are people right now in this state who are hungry, who are able bodied and this is inhumane and unwise and I hope you will vote no. For what purpose does the gentleman from Rowan representative Warren Rise? I would like to ask representative a question please. Does the gentleman from Pender yield to the gentleman from Rowan? Yes I do Mr. Speaker. He yields. Representative Millis you mentioned on the technical correction and I apologize I'm not real clear. Can you give me an example of the type of ID card that would be acceptable for law enforcement under that provision? Representative Warren, this is going to be an amendment to the technical corrections bill, and it's my understanding, and if I can pull it up right here, and I believe I also emailed this to you or if not I can email it to you now, is that it has to do with actual page three of the bill, starting in lines 33, it will actually allow the aspects of sub-section A2 to be able to be used for the purposes of law enforcement. I was just curious. You had mentioned that there would be a type of ID or any type of ID that would be used, if I understood your explanation to Representative Stam,
so as where you could give me some type of an example because I know you're not referring to the matricula consulate card. So I mean what would be some type of ID form? I'll read to you A2 is any identity document issued or created by a person or organization, county, city or other local authority except where expressly authorized to be used for that purpose by this General Assembly. In terms of a law enforcement actively carrying out their duty. If this is the only document that is on the individual. They can actually carry out their duty perusing the law enforcement per ID cards. That's good. I'm sorry fellow! Does the gentleman yield to an additional question? I believe so. Yield Thank you. So if we were to look at that, we would say that would actually one of the non profit cards that are being issued would actually qualify if that were all the individual had on them at that time. Is there any person, any organization, I'm just trying to get clarification, is that ? That's my understanding in terms of the law enforcement being carried out. An example that was given is that say, for instance if I was pulled by the law enforcement and all I had on me time was my library card. In the aspects of carrying out the duty for law enforcement, only had my library card. The action would be for portion to be able to carry me to the magistrate, have identification, process start, in terms of finger printing, things that need to, and again, for law enforcement that actually may be a little overburdensome, for the actual system for them to be able to carry out their duties. So that's one of the examples, of what we're actually doing, is actually allow law enforcement to do their job, but while we're still maintaining and actually expanding the aspects for individuals in this state to not actually use documents that can be fraudulently and incorrectly produce that would produce ones identity and one residency. Thank you. For what purpose the gentleman from Orange, Representative Meyer rise? Thank you Mr. Speaker, to debate the bill. The gentleman has the floor to debate the motion. Motion, Ladies and gentlemen we've had several discussions this year on the matter of immigration and I've made myself clear on where I stand and believe in the North Carolina be more welcoming to immigrants and so today I stand to defend those cities that have chosen to be welcoming in and create what is been called sanctuary cities because I do believe in giving sanctuary to people who needs such care and I will defend this tonight simply by raising upon you may have heard before from Emma Lazarus. Give me your tired, your pour, your hurdled masses yearning to be free, the wretched refuse of your team ensure, send these the homeless the tempest host to me. I lift my lamp beside the golden door. Thank you Mr. Speaker. Mr. Speaker. For what purpose does the gentleman from Pender representative Millis rise? To see if representative Meyer would rise for a question. Does the gentleman from Orange yield to the gentleman from Pender. Yes I will. He yields. Representative Meyer thank you for your comments, I just want to make sure I heard you right, you actually use the phrase that this bill in terms of its provision was not welcoming to immigrants, and I just want to make sure for the record here that in regard to identification, in regard to identification to being illegaly present, in regard to e-verify system, that an immigrant that is here, that is documented, and that is actually here legally fully protected on this law, therefore I was going to make sure you might want to clarify your comments. Would you consider clarifying your comments, so this is not unwelcoming to immigrants but those who truly break the law. I believe my comments to stand as they were when I originally said that. For what purpose does the gentleman from Buncombe representative Turner rise? To ask representative Millis a question. Does the gentleman from Pender yield to the gentleman from Buncombe? Most certainly. He yields. Thank you Mr speaker, Representative Mills when will the bill with the proposed amendment be heard? Representative the tentative correction with the bill is coming later this evening and there's an amendment that's going to be offered on the floor by representative Cleveland to actually make sure the law enforcement provision is held harmless, actually make sure that Mr. Speaker? Just for what purpose does the lady from New Haven representative Hamilton arise? To ask the sponsor a question. The lady cannot take the floor between two member at this time I beg your pardon. The gentleman may continue. To finish up it will be an amendment that will be offered on the floor this evening in regards to the Technical Corrections Bill but again all we're doing want to hear is basic clarifying the intent
and there's nothing that would prohibit you from voting in favor of concurring on this Bill. A follow up? Does the gentleman yield to an additional question? One more. He yields. Thank you for indulging me Representative Millis. I guess the question is, and I'm reminded kind of like the Popeye cartoon when I was a kid of wimpy saying or maybe it was, I think it was Wimpy saying I'd gladly pay you Tuesday for a hamburger today and I'm concerned about what Representative Warren brought up that your time is short and I was just curious on what guarantees you can give me or you have been given that this amendment will pass, and that your bill in turn will pass. So that I can feel confident that this provision that would help law enforcement will be fixed. Yes sir, great question in regard to this we know in the state between this two chamber that time is of the essence the intent of this bill and also the provision this bills are sound on behalf of our citizens and our documented immigrants here, and it is to go ahead and pass for by the way of conference report in order to actually make sure that the intended bill is upheld in regard to law enforcement that I stand here to tell you tonight that we're going to offer this amendment on the Technical Corrections Bill, and I look forward to your support on the amendment as well as this conference report. Mr. Speaker I'd like to speak on the Bill. The gentleman from Buncombe has the floor to debate the motion to concur. Thank you Mr. Speaker and I appreciate Millis' comments and his ability to project forward hopefully happen in the house this evening, but I have great concerns about voting for a bill on the promise of a future bill or a future amendment being passed and I have big concerns about this, I have concerns about the impact that this could have for law enforcement to be able to do their jobs, if the amendment and in turn the bill is not passed, time is short for us hopefully and I have real concerns that we'll get to a point where this won't be fixed and the law enforcement officers across the state will be left without any clear direction. Thank you. For what purpose does the gentleman from Vans representative Baskaville rise? T To ask the bill sponsor a question. Does the gentleman from Onslow yield to the gentleman from Vance?. I do. He yields. Thank you Mr. Speaker. Representative Cleavand I have two questions. First question is, what is the objective of this bill? The objective bill is to address the illegalities that we have floating around our state in relationship to illegal aliens and also to address the identification cards that are being produced to give this people assemblance of property[sp?] assemblance of belonging here. Thank you, representative Cleavand. A follow up. Does the gentleman from Ansell[sp?] yield to an additional question? I yield. He yields. Thank you Mr. Speaker. Specifically about the documents that can be used for identification purposes. How is that restriction addressing the problem of illegal immigration, by addressing the documents that can be presented when people are already here for documentation purposes. First of all, a matriculate card is only needed by someone who is in the country illegally. If you accept that as making them eligible for services or making them a part of community, that's wrong, you have an illegal person that has broken our laws who is a criminal and here accepting that he is saying it's okay, I can go there. May I speak on the bill Mr speaker? The gentleman from Vance is recognized to debate the motion. Thank you Mr speaker. I appreciate those thoughts Representative Cleveland and I appreciate either issues that we all are encountering in our counties dealing with immigration, resource allocation, all sorts of issues and if we're trying to address those issues in a way that actually achieves the objective of reducing undocumented immigration. I think that we need to address the source or the thing that is prompting folks to immigrate
here, not address the way that they present themselves or are recognised by other humans when they get here. Whether they have a metricular consular card, a North Carolina DMV card, they're still human being they're not aliens Representative Cleveland, they are humans and identity is secure. Their identity was given to them by their creator, not by any government entity that can produce a document to say that this is what that person is about. So if we're trying to accomplish the objective of reducing illegal immigration, I think that we need to address the source, the reason why folks are coming. I think my colleague here hit that nail on the head, say folks are coming up here for opportunity, folks are coming up here for a chance, folks are coming up here for a better way of life. He read the poem that is inscribed on our statue of liberty, where we welcomed for decades after decades, after decades waves of immigrants. We weren't checking their matricula card. We weren't checking their DMV. We weren't checking their passport when we were welcoming those folks to our shores and they were welcomed by that beacon of light, that statue of liberty. That's the poem that he read. I think this bill does do somethings towards addressing the cause of illegal immigration. Those folks to coming up here for jobs, for opportunities, for a chance, and so the provisions in this bill that deal with e-verify I think are good. I think those are provisions that can protect our workers as well as provide a guideline or a framework for how we can do address our immigration issues effectively. For all those reasons I'll be voting no. What purpose does the gentleman from Wake, Representative Stam rise? Speak a second time. The gentleman is recognized to speak a second time on a motion. Very briefly I would like to address the issue raised by I think it was Representative Brian Turner on how do we know this amendment will go in, my vote for this motion is dependent on that amendment. We have a chicken and egg problem but what I will say is that if that amendment by Representative Millis does not get in to technical amendment bills and if that bill doesn't pass, I will personally move to reconsider this vote, and we can have that again. For what purpose does the gentleman from Durham, Representative Leakey rise? To speak on the motion. The gentleman has the floor to debate the motion. Thank you Mr. Speaker. Members of the house I have raised earlier in questions with Representative Cleveland, my concerns about the punitive nature we're really hurting people who are in higher unemployment counties with respect to the ability to get food stamps and I think that continues to be a great concern, with this many food deserts as we have in North Carolina. But I speak now the whole question of the logic the bill in terms of it's structure in which it prevent the so called wealth. It's just the larger cities that have made decisions about law enforcement. To tell the cities that they cannot make priorities that they do for law enforcement. Let's look at this very simply, this is saying no city and donors included among these cities. No city may in any way direct its law enforcement to look at some bill, some crimes as more serious than others. It's saying that every single violation of the law has to be looked at the same. what sense does that make? The cities are simply saying we have real issues of law enforcement violations of city and we want to focus on that. This is like the language of this bill saying that you have to spend a substantial amount of your time looking at the identification cards of individuals and spending time on the question of whether if those papers do not seem to be in order, directing them to towards the
issue of deportation, let's ask ourselves the question this is very similar to saying that armed robbery and shoplifting are the same thing. Surely we don't want our law enforcement officers to be spending as much time on shoplifting as there are issues of armed robbery of armed activity is in violation of the law and yet that's what this bill does, it's punitive it hurts the cities that have made a priority and have said we are not going to go after people who are having a no negative effect on our cities at all, in fact they are contributing to our cities in terms of tax dollars and for our economy and what we'e done here is said basically shoplifting is important as armed robbery for our police officers we should not take away from cities choice as to decide armed robbery is really a higher priority for our police department than shoplifting this is focusing saying to the city what they must do in terms of loss or some priorities it is wrong for us. Mr. Speaker. To be doing that and I urge you to vote against the concurrence motion. Mr. Speaker. Thank you. For what purpose does the gentleman from Gilford Representative Blest rise? Representative Lucas will yield to a question about his illogical statements, Does the gentlemen from Durham yield to the gentlemen from Gilford I'm sorry I didn't hear what he said about why I should yield to him or why he was requesting to yield. To answer a question about your illogical statement. No I want to yield to my assertion my statements are illogical. The gentleman does not yield to another question. For what purpose does the gentleman from Buncombe representative Heger rise? Thank you Mr. Speaker, I'd like to ask the bill sponsor a question. Does the gentleman Onslow yield to the gentleman for Buncombe? I do. He yields. Thank you. I think we'll all agree that the federal law that's been broken and broken for years and it's the source of this problem. My question is if you are determined to confront the problem of illegal immigrants in North Carolina why do you exempt agricultural workers? We have looked, I say we, I have and others have looked the percentage of the agricultural community that's actually involved in this, and it's a very small percentage, and in the interest of having noticed a blockage to passing a sensible bill we're a descent to them. Thank You purpose does the gentleman from Guildford representative Blast rise? See if representative Meyer will yield for a question. Does the gentleman from Orange yield to the gentleman from Guildford, yes Mr. Speaker thank you for yielding where one of your colleagues fear to the trap. You like representative Luebke had mentioned some favorable about what's been called the sanctuary cities, and the sanctuary cities is those that refuse to enforce the immigration laws, the federal laws, and I've just always wondered as I so watch event unfold, what could be the exponential for this? When we discussed the bill on the magistrate piped out, and now that we see this crack and Kentucky and the controversy affair I have heard those of you persuading you just so angered the public officials will not follow the law, they won't enforce the law and I'm just wondering why is that, why does that bother you for some laws that won't be enforced by public officials, but other public officials that don't enforce other laws are given a pass. Because Representative Brisson some of us believe in being consistent and being welcoming and loving towards those who have been hurt and oppressed. For what purpose does the gentleman from Onslow representative Cleveland rise? To speak on the motion. The gentleman has the floor to debate the motion the second time. Thank you Mr Speaker. We're welcoming the immigrants this country is as many say built on immigrants, they can't Ellis Island to become American's and that was their purpose to come here they were looking for a better life, that they came her to become Americans, that's not what's going on today. Not at all we're not addressing immigrants, we're addressing illegals, we're addressing
people who have broken our law. I have two daughters in law. One of them is from Nicaragua, one of them is from Italy. They were immigrants and those two young ladies understand the blessings of America, and they beat me over the head, every time the immigration and the illegal immigration comes up in this country, to tell me how stupid, Americans are to allow this to be happening. I don't understand, how we as Americans, can allow our society to be treated the way it is, we have some, I think it was about 2700, illegal aliens in our jails now. They've committed murder, they've committed rape, they committed child abuse and they are here because we allow it, they're in our state because we allow it. We have 13, 000 somewhat welfare we are paying for because we allow it out of tax payers pocket, illegal aliens crosses $1.7 billion a year net and we allow it out of our taxpayer pocket you can be as kind and considerate as you want but eventually they'll overwhelm you and you wouldnt have the life that you have now we don't need the mentality from the other parts of the world in our state at least in our state so that it will not assimilate. it's a federal problem we all know its a federal problem but we should not facilitate this federal problem, please vote green. For what purpose does the gentleman from Cumberland Representative Lucas rise? To speak on the motion. Gentleman has authority to debate the motion. Thank you Mr. Speaker, ladies and gentlemen we've been debating this for quite sometime now, but it occurs to me that the solution to this problem is very simple. We simply need to have the inverse enforcement, if we would go after the employers of these illegal aliens the vast majority of them would leave, they would have to stay where they cannot be employed, seems to be that if we would go after the employers, and really go after the pretty heavily with law enforcement, the problem would be solved, but I want if we have the intestinal or fortitude to do that, I think we want, many of us want to enjoy both ways we want to reap the resources of their labour and then we want to sanction, but if we're not to harrow, we probably wouldn't have problem, thank you. For what purpose does the gentleman from Transylvania representative Whitmire rise? To debate the motion. The gentleman has the floor to to debate the motion. Folks I'll be brief, someone asked the objective to this bill and to me it's very very straight forward, protect North Carolina worker's act, protects jobs, protects tax payers resources, the legal immigration cost the average family over 14 thousand dollars a year for each illegal alien it didn't say those who're here illegally, but illegal it also suppresses wages by 27 hundred dollars per person a year and more importantly this bill protects life, we can cite many examples some have been cited I don't think have heard any one mentioning the case Stainely case I could go on and on I won't, it protects lives, it ultimately protects us from the negative impacts of so many things associated with the legal immigration and this bill also encourages work please vote green, thank you. For what purpose does the gentleman from [xx] representative [xx] arise? To speak on the motion please The gentleman has the floor to debate the motion I just got a couple of things with colleagues if the injustice is part of the necessary friction of the machine of government, let it go. Let it go. Per chance, it will ware smooth. Certainly the machine will wear out, but if the injustice, is of such a nature that it requires you to be the agent of injustice to another, then I say, break the law.
Let your life be counter friction to stop the machine. What I have to do is to see at any rate, that I do not lend myself to the wrong which I condemn. Another piece. Unjust laws exist. Shall we be content to obey them, or shall we endeavour to amend them and amend them until we have succeeded? Or shall we transgress them at once? Men generally, under such a government as this, think, that they ought to wait, until they are persuaded the majority to alter them. They think that if they should resist, the remedy would be worse than the evil. But it is the fault of the government itself, that the remedy is worse than the evil. It makes it worse. Why is it more at, to anticipate and provide for reform? Why does is not cherish its wise minority? Why does is cry and resist before it is hurt? Why does it not encourage its citizens to be on the alert to point out his faults and do better that would have them. That Henry [xx], civil disobedience and other FAs. Thank you. For what does the gentleman from Craven, Representative Speciale rise? To speak on the bill. Gentleman has the floor to debate the motion. Just seem like a night of poetry here so I've got one for you. Roses are red, violets are blue, please vote green I implore you. For what purposes does the gentleman from Mecklenburg, Representative Moore, rise? Speak very briefly on the motion. Gentleman has the floor to debate the motion. Mr. Speaker, I was not going to speak tonight but listening to some of the points, counter points here tonight I was compelled to. First of all I heard couple of things in this chamber that disturbed me. I heard about the rampant criminal elements that immigrants I won't call them illegal because this is a nation of immigrants. All of us here in this chamber are descendants of immigrants. Whether we came here by Ellis Island or we were forced down into the ships to come over here whether we were forced immigration or we were volunteer immigration, all of us are immigrants so let's just take that out of the equation now. You're not talking about an android, representatives, you're talking about human beings. People who for whatever reason whether it's for opportunity, whether it's to flee religious or political persecution have come to this country. The country who has the example shinning on the hill as we say. If you read the Ellis Island creed is give me your tide you're poor, you're hungry and then what do we do? Because they didn't come through Ellis Island, they came through another route maybe from Canada, maybe from Russia because see illegal immigrants don't look like my friends upstairs. They look like everyone of us. They come from Eastern Europe, Western Africa and everywhere else so to really drill down and vilify one particular group of people is unjustified and it's also uncommon uncommonly bigotry and we in this house in this fine institution should never stood to the level of marginalization and bigotry of any person. And so you can already figure out that I'm going to vote against this bill, but what I want to you to understand is that as we make our deliberation whether this bill pass or fail let's have the human decency, a human decency, to treat everyone of God's children all my Christians in here, that we talk about God, we pray we are just so humble, we open this session but when we get around and we talk about people with differences, damn it we're hypocrites. So I ask my colleagues stop being hypocrites if we have differences of opinion that all people regardless of where they come from, who they are, what their religion is, what their sexual orientation is, is worthy of respect and common courtesy, thank you. For what purpose does the,
in the house we did not have applause or any kind of reaction from members or from guests we would ask guests and our members to please observe that. For what purpose does the gentleman from Robeson representative Graham rise? To speak on the bill Mr speaker, The gentleman has the floor to debate the motion. Mr speaker thank you, I just want to and I need to say and I'm saying it from my hear, this is not political, this is not a political statement I'm going to make none of you would be here had my ancestors not accepted you. Think back to 1600s, go ahead and think back. My ancestors opened our arms to you, we could have chopped your heads off, we could have scabbed you, we could have put you back on out on the built water and sent where you came from, that didnt happen. We open our arms to you, we celebrate thanksgiving with you. Am I right or wrong? What if we've had a legislature with the mentality we have today in our native country? Indigenous people would have back home as fast as you arrived here and I'm set to be able to stand on this floor and raise my voice to some of my friends, I consider all of you friends and have the feeling that I had in my heart right now. It's shameful, it's shameful, we had the Pope in our country just a few days ago, speaking on this issue and we have the, I'm almost speechless, matter of fact I'm hurt. To have a piece of legislation coming before us today, this is not a state issue this is a national issue. Let's let the Feds deal with this issue. what can we do that? Why do we need to do this today? What difference are we going to make? Are we going to change the landscape tonight with this legislation? Heck no. It won't happen. Matter of fact there'll be people coming in 95 tomorrow morning, looking for opportunity. I have Mexican friends, that I just, would wrap my arms around and loved him as my brother and sister. I have a Peruvian wife I love her she came to this country looking for opportunity, she didn't come here looking for bigger tree than an handout, she came here looking for opportunity, she came here to light a way and I feel for these people up here, who's here looking for opportunity, they're not here looking to hurt, they're not looking into your, here to take. They're not here to take anything from you. I believe that, and those who were of what they need to be. Think about it, your ancestors were welcomed here, many hundreds of years ago, welcome to this country, we celebrated your arrival, and now what are we doing today? Turning our backs on people who are looking for an opportunity, this is not neccessary not going to make a difference tomorrow morning, is not going to make a difference in 2016, is not going to make a difference in 2018, people are looking for opportunity, and this is the land of opportunity. I have no problem with people being held accountable. I don't think any of us on this side or that side have a problem with that. Think about it. Think about what you are doing, Think about the message you're sending. I will not support it, I won't support it, I won't support
it on my values, I have no reason to support something like this. And you'll go back to your community and you'll look at, your alien aliens or illegal residents whatever you want to call them, and I promise you if you look at him with ill feelings and ill thoughts and hurtful thoughts, there is a higher being that knows what is in your heart. I won't support this. Thank you Mr. Speaker. For what purpose does the gentleman from Gason representative Hastings rise? To debate Mr. Speaker. The gentleman has the floor for the motion. We've really been debating part of this issue certainly since I was a freshman in 2011 and I think we've all pretty much determine that it is basically under the US constitution a federal issue but just because it's a federal issue doesn't mean that we can just bury our head in the sand, and also wanted to communicate to the public that this has nothing to do with Hispanics or Latinos to me, it just simply has to do with illegal immigration and in fact if you remember back we've had some people who either were here illegally or they could have been deported who committed some pretty serious crimes one of those being in Boston, and so I don't look at this as being, I don't think I'm a bigot, infact in high school one of my best friend was from Cuba, his name was Jesus Slowasis[sp?] I didn't view him as Hispanic or Cuban or anything else, I just worked with him and went to school with him and with him. But I did want to hit on one part of this whole issue that has to do with public safety and whether a person's from South America or Eastern Europe, or whatever, we do have to keep our mind on, the sovereignty of this country and the safety of our citizens and we to try to know who is coming here, because if we don't, we'll end up with more Boston bombings. And I also wanted to say, that I really respect this Marine who put his life on the line, for all of you who basically, just some of you basically called a beget when he put his life on the line as a hero, to protect you and so representative Cleveland, I just want to say, I respect you for having the courage to do what you are doing and I support you in this endeavors For what purpose does the gentleman from Rowan, representative Warren rise? To speak to the motion. The gentleman has the floor to debate the motion. Folks I think we all found out tonight if we didn't know beforehand addressing illegal immigration as a complex issue and I know because I have been working on it for three years. It is a federal responsibility as representative Baskerville said, or representative Grier, it doesn't matter. It is a federal responsibility and states have limitations, this is how they can address this. This bill, this bill because it doesn't allow for either a state issued ID with strict requirements for qualification and because it doesn't increase the penalties for the counterfeiting and sale of false documents or the possession of counterfeit documents cause two things, and that affected this bill in my opinion, will folks who are here illegally, from whatever point of origin, it will force them to purchase and seek out and purchase counterfeit documents, I think we'll see an increase in that. I think we'll probably see a corresponding increase in identity theft. So I think that's problematic in this Bill. I do believe that the technical amendment that is being offered help circumvent that a little bit and for that reason, like Representative Stam, who also understands the ramifications behind taking away a
form of ID that law enforcement has worked out a [xx] relationship for lack of a better term can hep identifying people without having some form of established, and verified identification this makes it harder for not only law enforcement if you don't have that, also makes it difficult for DPI and for those in education field, those in and those in the medicine because by federal mandate we are required to provide education, immunization and emergency medical care for folks who are here illegally. So its absolutely critical we have some form of ID and because this bill, denying a matriculate consumer[sp?] card or a municipal ID which I fully support doing away with him, but to do away with him without having some form of ID is not going to drive people who are here illegally out of the state, it's going to exasperate the problem. So because of the technical amendment I will support this Bill, but If I see the technical amendment come up different than the way it has been presented to me, or it doesn't come up at all, Representative Stan is going to have to beat me to make a motion to reconsider vote in this bill. For what purpose does the Gentleman from Durham Representative Paul rise. Speak on the motion. The gentleman has the floor to debate the motion. Thank you Mr. Speaker and ladies and gentlemen I know we all come from a different experience and so I just want to give a little perspective to some of what you've heard tonight and some of what you've experienced in your life, I recognize if we sided to effect if there's exemptions in this bill. That we decided would take peoples labor in certain situations an exempt them from the standard of this bill simply because we decided we would do that. But then we would hold up the principles in this bill, other principles as being sacred saint and can't be violated except for when we want to make an exception. Now, I heard a lot and some of you know I'm a marine marines in here actually we're pretty blessed, but I'm going to give you a roll call because sometimes you lose perspective and as I read through these names at the end of this list I'm going to explain to you who these individuals are, because some people think the sacrifices made in this country are only made by certain profile or person. So let me read you these names and then I'll tell you what the sacrifices were that they made. Jose Fransisco Miguel Keith, [xx] Lopez, Ambrosio Guillen, Fernando Garcia, Emilio Dalagaza Edward Gomez, Alfredo Gonzalez, Eugene Obregon, Francisco Silvio, Hose Valdes, Sando Vegas junior. Ladies and gentlemen those are the post humors. Mela bona winners of the United States marine corps who have given their lives in the service and the defense of this country whether they were legal or some otherwise label given to them, as I said 12 names people who gave their lives in the defense of this country. So that question of somehow someone maybe worth less or not have the love of this country. I just wanted to dis-spell that cause again sometimes we get into our own worlds and we lose perspective about what we're talking about, under any circumstance this were graded Americans, they received the greatest award our country could give for someone who fought in the defense of this country, and I'm just going to read the final line. His exceptional courage, fortitude, and devotion to duty reflect the highest credit upon him, and
the United States Naval Service. He gallantly gave his life for his country. So as I hear people talk about what sacrifices are being made I just want to make sure it's clear. Who loves this country, who demonstrates they love this country, and how we should be fair to people because we never know what they would really do to help save this American tradition. I don't know how we could make the financial decision to decide to have over a hundred thousand North Carolinians, denied the service they need, and the support they need at a time like this. How we could turn them away from the resources they need. Under this bill, there are many things that need to change, or should not be in this bill, none of it really helps North Carolina, we know, we have things we have to do to make this country better and to make the state better. This is not one of them, this is not the time to engage in this discussion, and this is not the direction we should be taking. We are better than this, we may not be at the level of others we've demonstrated that ultimate sacrifice to give their lives to save another American, we may not be that great but we're better than this and I hope you'll vote against this bill. For what purpose does the gentleman from Guilford representative Blust rise? To speak on the motion. The gentleman has the forward to debate the motion. Thank you Mr. Speaker, members of the house I apologize for rising and no people know how they're going to vote but I've also regretted on all sorts of bills in the past when I hear the rhetoric wants to take the moral high ground and I'm afraid if you just sit and leave it unanswered, those producing that rhetoric think that they have won the argument, and I would just say simply, a movie I once saw, Pat Bean was the pastor with gangs in New York city and they have the two worst gang members, take up the offering, and they brought it up to him, they didn't steal a dime off it, and I remember him saying, they wouldn't wear your tags because everybody expected him to do something, and I'm not going to wear your tags, I don't care how angry or how vociferous your arguments are or how much you stayed, how loud you get. I'll tell you what's inexcusable in this country, if there's no law, if there's no rule of law there's no country at all, and we are here because the federal government won't enforce federal law and this state is forced with dealing with difficult circumstances because our own duly sworn federal officials will not follow federal law. This is common sense, these steps are needed to deal with a hard situation and I will tell you this, no other country in the world simply allows anyone to pack up, come to that country, stay and even get benefits. No other country does that and I'm not going to be as if we're doing something bad when no one else in the world does it. The pope can go any country he wants, he can say the same thing, that country doesn't allow it. That country does not allow you name the country that allows anyone to pick up, go there settle in and then law enforcement can't even deal with them, we can't know about it, and then the local government units think they don't even have to follow the law. This cannot be allowed to go on now, hopefully we're seeing in the presidential race this is becoming an issue, it's something that the federal government is to deal with but until that happens this state is well within it's rights and within common sense to try to do somethings to ameliorate deal with the problem and that's just a fact and I'm going to support the bill and hope you will too, the question before the house is the adoption of the motion to concur with the senate committee substitute to house bill 318, those in favor will l vote aye, those opposed will vote no the clerk will open the vote. The clerk will lock the machine will record the vote.
70 having voted in the affirmative and 43 in the negative the motion to concur is adopted bill is ordered and rolled and sent to the governor. The gentleman from Harnett representative Lewis is recognized to send forth a committee report, the clerk will clerk will read Representative Lewis, rules current operatives of the house committee report senate bill 119 GSE technical corrections 2015 in favour of House Committee Substitute and favour of Senate Committee Substitute. Senate Committee Substitute placed on the unfavourable calendar and House Committee Substitute calendar, the chair will ask the bill be taken added to the savings calendars objection? Hearing none so ordered, senate bill 119 the clerk will read. Senator Hartsell, Senate Bill 119, a bill to be entitled An Act To Make Technical Correctional And General Statutes Session Law As Recommended By The General Statutes this commission into making technical additional and other amendments to statutes and session laws, General Assembly of North Carolinian act. Member sour motion of the member of LAine county the chair is happy to extend courtesies to the gallery to Ronald Calford Gaston County North Carolina. Ronald would you please stand so that we can officially welcome you with us this evening [xx] The gentleman from Harnett Representative Luis is recognized to debate the Bill. Thank you Mr. Speaker and members the PCS that you have before you is annual technical corrections bill, the provisions are in deed technical, I would be happy to, I think the best use of time is to you any questions that come up and just respectfully ask for your support of the bill. Thank you Mr. Speaker. For what purpose does the gentleman from Gilford Faircloth rise? Send forth an amendment. The gentleman is recognized to send forth amendment, clerk will read. Representative Faircloth moves to amend the bill on page 57 lines 26 to 27 by instead of the house to read the following language to read. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker and members of the house. You may remember sometime back we had some long discussions about redistricting in the City of Greensboro, and we had some contentious discussions over here on the floor and the bill was passed and a part of that bill required that at the redistricting of the city of Greensboro and here after be done only by the general assembly that was not at the intended to be that way some phraseology got by those of us who were working on it and this amendment is to set that right what this amendment does it simply repels that part that spoke to the probation against Greensboro during their own redistricting here after and it's back not withstanding part 4 of article 5 etc, the city of Greensboro shall not all for amend the former government of the city, until after the return of the 2020 Federal Census, which is the next census. This has a support of the folks on our side of the aisle, the folks on the other side of the aisle from Greensboro area will say what they would about it I hope you will support this bill, I think it's fair to the city because it returns the right to the city for the citizens there to do their own redistricting, hope you'll support it. For what purpose does the lady from Guilford arise? To briefly debate the amendment. The lady has the floor to debate the amendment. Thank you Mr. President, ladies and gentleman of the house I appreciate representative Faircloth bringing this forward it's better than the situation that exist with the law that we passed earlier this summer which will permanently take the Greensboro's right self determination city council district, that was the point, the main point of litigation that actually ended up resulting in the injuction of the law that we passed and other injunctions being challenged by some parties, this will restore as representative farcorf said this was [xx] city council district after 2020 but not right now. So once again will be the only city in the state that won't not be able to redraw its districts without coming to get permission from the general
assembly, interact with the 2020 census and I think it's unfair I appreciate the fact that it's better than the situation is but it's still not right and it's so wrong to single out Greensboro so I'm going to encourage my colleagues to vote no, thank you. Further discussion and debate on the amendment. If not all those in favor of the amendment will vote aye, all those opposed will vote no, the clerk will open the machine. Clerk will close the machine, and count the vote. 74 voting in the affirmative, 36 in negative, the amendment passes. What was it? What's the amendment? what purpose does the Representative from Randolph arise? Question the Chair. You may state your question I was just wondering if the bill that's on the dashboard is the correct version of House Bill 119. It doesn't appear to me that maybe it's just my computer. Members will suspend just for a second. It is the correct version. for what purpose does the gentleman from Wake representative Jackson arise? Mr speaker I'd like to be recorded as voting no on the Fair cloth amendment I was in the chamber The member will be recorded as voting no. Further debate on on senate bill 119 house committee substitute Mr speaker, I believe I had an amendment, Cleveland you're recognized Thank you Mr speaker, I've an amendment for senate bill 119 Almost made it, you may send fourth you amendment representative Thank you Mr. Speaker. This is the amendment we were speaking about a few minutes ago. It allows the. Just a minute, Let him read the amendment. Representative Cleveland moves to amend the bill on page 18 line 46-47 by inserting the following lines between those lines. The gentleman from Onslow has the floor to explain the amendment. Thank you Speaker, as I was saying this is the amendment that will allow law enforcement to use documents that were the last not going to be acceptable and I'll read it to you, not withstanding subsection eight this section document describing subsection two Section A may be used by a law enforcement officer to assist to determine the identity or residency of a person, when they are the only documents providing an indication of identity of a person available to law enforcement officer at the time. I'd appreciate your green vote, For what purpose does the gentleman from Guilford, Representative Faircloth arise? Speak to the amendment. You have the floor to speak to the amendment. I urge you to support this amendment appreciating the sponsor working with us to assure that that law enforcement officers are able when they are out out field trying to determine who they are dealing with to be sure that whatever kind of identification the person may have the officer can rely on it's face value to hopefully know who he or she is dealing with so support the amendment. Further debate on the amendment, if not, all those who are in favor of the amendment vote 'aye', all those who are opposed to the amendment vote 'no', the clerk will open the machine. Representative Jackson Hall former battlefield and [xx] want to bet on the amendment? Okay I'm sorry clerk will, lock the machine. Although the ayes are
109 the no's are 3 the amendment passes. Mr Speaker. For what purpose does Representative rise? Mr. Speaker I think representative Warren had stood up ad spoke before me and I'd like to yield to him if that's possible. Representative Morn. Yes Mr speaker thank you I was in the chamber I didn't make it to my desk in time I like to be recorded as voting aye. Member will be recorded as voting aye, for what purpose does the gentleman from Wake representative Stam rise? To talk for the amendment. To talk for the amendment. You have the floor to debate your amendment. Let him read the amendment first. Representative Stam moves to amend the bill on, page 45 lines 50 by adding those lines to read the folowing. The gentleman has the floor to debate the amendment. Thanks Mr speaker this is an urgent request from the department of justice earlier in the session in judiciary to the sponsor of a personal service contract bill agreed to an amendment that we can out from that, hiring attorneys, and expert witnesses, but it just didn't happen in the budget, and It's very important that you don't hire expert witnesses based on a process that can take months, or whatever. In other words you just going to lose lawsuits if you do that. So, this is a partial fix for a problem, I'll hope you'll accept the request of the Department of Justice I hope you'll vote for it. For what purpose does Representative Hager of Rutherford rise? Thank you Mr. Speaker [xx] for an amendment. Further debate on the amendment, 83 Stam amendment. If not all those in favor of the amendment will vote aye, all oppose would vote no, the clerk will open the machine. The clerk will lock the machine and record the vote. 112 voting in the affirmative and none in the negative amendment 383 passes. For what purpose does does representative Dobson McDowell rise? For what purpose does Representative Hager rise? Thank you Mr. Chair [xx] an amendment. The clerk will read the amendment. Representative Hager moves to amend the bill on page 23 lines 34-35 by inserting the lines between the section to read. The gentleman has the floor to explain the amendment. Thank you Mr. Chairman, this would not be offered up to this time but in consultation with the transportation chair this was just overlooked it was lost throughout the session we found it, it was laws and basically what it does is offer the place for the single client across and no charge to our veterans. For what purpose does representative Ford of Rowan rise? Representative Torbett for what purpose do you rise? To speak on the amendment Mr. Speaker. I couldn't hear you. To speak on the amendment Mr. Speaker. You have the floor to speak on the amendment I trust representative Heger so I know you guys do as well, so I'm here to verify what he said is correct and we try to trust to trust and verify those things we do. He is exactly correct, it was an inadvertent leave off. Don't have any explanation why it didn't happen, it was wonderful someone actually caught it or it would have never been implemented, so what he said is exactly true and I suppose and support your vote for green. Representative Ford you want to speak on the amendment? If not all those in favor of the amendment offered by the gentleman from Rutherford vote aye, all opposed vote no, the clerk will open the [xx] The clerk will lock the machine and record the vote. 109 voting in the affirmative and not in the negative, amendment 84 has passed, any debate follow the debate only bill as amended. For what purpose to
represent Insko from Orange to rise Actuall I have an amendment coming but I also have a question for anyone who may have been in the, I'm looking for provision in this budget that has to do with the correction at their department of health and human services [xx] affected the health department, I'm not finding it With whom would you like to address the question? Mr. Speaker Yes representative May I yield Representative Louise you have permission to answer the questions Representative Insko I get you an answer shortly, we're on it right now, I 've been trying to [xx] a few minutes ago, just give me just a few minutes And for my amendment I'd like to wqould like send forward the amendment Representative Insko you wish to send forth an amendment? It's not on the dashboard yet Represent Dollar what purpose do you rise? Send forward the amendment, [xx] will read the amendment Representative Dollar moves to amend the bill on page 53 lines 37-30 by adding between those lines the following, You have the floor to debate the amendment Thank you, Mr. Speaker Speaker members of the house this will be a simple technical amendment, what it allows for is for when providers are credentialing with the Medicaid program, in medicare it's five years and in some of the other re-credentialing it's five years, Medicaid is three years, just this allows providers to be all on the same re-credentialing schedule with all of their federal dealings and state dealings so it just moves it from three to five years, it's requested by the medical society, would appreciate your support. Further questions or debate on the amendment? Hearing none all those in favor of the amendment will vote aye, all opposed will vote no, the clerk will lock the machine. The clerk will lock the machine and count the vote. 106 voting aye, 2 voting no, the 85 amendment Representative dollar has passed. Any further amendments? For what purpose does the representative of Farmer Butterfield of Wilson arise? To speak on the amendment. Send forth an amendment? Yes. Clerk will read. Representative Farmer Butterfield moves to amend a bill on page 57, lines 22 to 23, by inserting between the lines the following Farmer Butterfield moves to amend a that the department of health and human services develop a plan for extending community guards services to individuals with interlectual other development disabilities are on the waiting for an innovations waiver, so that they can actually get services that have the needs addressed the plan would include minimized service definitions, potential cost, compensation strategies on the critical needs of the individuals and more and this will have to be presented by the department to the general legislative oversight committee on health and human services and the physical research division. I ask for your support of this amendment. Thank you For what purpose does the gentleman from Cabarrus representative Pittman arise? I was out at the front correcting a spelling error in the main bill, and didn't get the vote on the Dollar amendment and I'd like to be record as voting Aye Gentlemen will be recorded as voting Aye further debate on the amendment, if not all those in favor of the amendment representative Farmer- Butterfield will vote aye those oppose will vote No. The clerk will lock the machine. The clerk will lock the machine and record the vote, 182 voting in the affirmative, 25 in the negative the 86 amendment has passed, any further amendment to be offered.
My understanding two additional amendments left. Representative Insko are you ready for your amendment now? Yes. Clerk will read the amendment. Representative [xx] moves to amend the bill on page 57 line 26 or 27 are inserted between those lines to follow the language to read. The lady from Orange has the floor to debate the amendment. Thank you Mr. Speaker and member this makes one minor change in the provision that had to do with food stamps and It changes the date of implementation, when I spoke with various people in the department of Health and Human Services and the State County DSS directors they talked about the need to get up their training programs and their job, but being able to connect people with jobs. We've been under the waiver the federal waiver for food stamps since 2008. Mr. Speaker . Mr. Speaker I don't see this amendment on the dashboard is it on there? I have learnt it twice. Do we suspend it till we have it on the dashboard? Thank you Sir We will suspend Mr. Speaker. What purpose does the gentleman from Durham arise? Just a question of the Chair, Mr. Speaker seems that we have a lot of amendments now coming forward. I don't know we could maybe displace this bill until they can be all brought up and give us time limit for people to submit them so we won't keep getting to the question of saying seems we've got a bottle-neck and a back-off. My understanding is there's only one amendment left after this one and now this amendment is on the dashboard. Representative [xx] you're recognized to continue debating the amendment. Thank you Mr. Speaker the DSS directors that I talked to across the state several said that the problem was that they had all the programs that they had in place to put people in training programs to have job fairs, to contact their employers and have a regular program where they would connect people who where unemployed with employers who had jobs that matched the skills. Was it all of the ore[sp?] if training for jobs that existed but the workers didn't have skills? Is it that these jobs programs has all been faced out because of the recession, and they need about a year to get them up and running, and to get people located and put into the programs and trained, and that was one of the major concerns that they had. The other concern that they had was had to do with NCTracks, and that they actually need more time to get that system up and running. So all this does is delay this so that this will give them a full 12 months to get this implemented, and I don't know whether that is enough time or not, but I think it's reasonable that within a year they should be able to get their programs in place. Get people enrolled in those programs, give them time to go through the training and find a job. So I would urge you to questions on the amendment sent forth by Representative Insko, for what purpose does Representative Brett for Mecklenburg a rise? Mr. Speaker I have a question for the bill sponsored please, Would the lady yield for question? I yield. Mr. Speaker the bill is sponsored not the amendment sponsor I' sorry I yield Mr. Speaker Can you comment on your support or none support of this particular amendment? Representative Barefoot on this particular point would you please redirect that to Representative Dollar Representative Dollar you yield. I yield. We are directed Sir. You been directed. Okay if it is the
I believe Representative Insko's amendment and I would appreciate her correcting me if I'm wrong, thank you sir, the department had asked for additional time to come in to compliance, they are concerned about the amount of time that they have to actually implement this and Representative Cleveland had granted some additional time in a bill that probably has been working on this would obviously provide some additional time, I guess the total of about a year if I remember this correctly, the department certainly would appreciate that additional time, I don't think there's any particular reason to oppose the amendment. That's correct, thank you, For what purpose does the gentleman from Rockingham representing Jones arise? See if representative Cleveland would yield to a question Representative Cleveland will you yield to a question? I do Thank you representative Cleveland it appears that this amendment amends the bill of which you were the primary sponsor of which this body just passed a few minutes ago, so I just wanted to give you the opportunity to respond to the question, are you to forward of this amendment. I'm kind of conflicted to be truthful with you, I was under the impression initially that the senate had worked on an arrangement for DHHS I think I had said it earlier to a March one date, late this afternoon I got an email from DHHS saying they would prefer one July, instead of one March, and at that point I thought to myself self, don't get in the middle between the senate and what arrangements they've made, so I let it slide and now I find it interesting that representative Vince wants to move it out to one October, I think this a typical example of who can we get to do the moves for what we want? And I'm going to vote against the amendment as I leave. Mr. Speaker if I may debate the amendment you got the floor to debate the amendment, Thank you, Mr. Speaker, thank you, representative Cleveland like representative Cleveland, I'm a bit confused here, the amendment sponsor very clearly just voted against this bill and quite honestly we have some sponsors on the bill, the majority voted for this bill which was largely a party line vote and I think we need some direction from some of the sponsors of this bill, some of the people that were in favor of it. I'm uncomfortable voting for an amendment that's being offered by someone that was against the bill that just passed a few moments ago. Thank you Mr. Speaker. Mr. Speaker may I debate the amendment? You have the floor to debate the amendment. Mr. Speaker, and members, I understand the consummation over this particular amendment, every statement that's been made on the floor is factually accurate. We did just pass a bill that had the one date in it. The department did ask for the state change. I know we're getting tired, the hour is getting late, we need to just vote yes or no on this and let's move on, please. For what purpose does the lady from Forsyth representative Conrad rise? To speak on the amendment. You have the floor to speak on the amendment. Just want to speak briefly in response to Representative Jones he did ask for comment from primary sponsor of the Protect North Carolina workers Act and I would just ask you to vote red no on this amendment, thank you. Further question, further debate on the amendment, seeing none all those in favor of the amendment will vote aye all oppose will vote no, the clerk will lock the machine. the clerk will lock the machine, and record the vote. 57 voting in the affirmative, 52 voting in the negative, the amendment has passed we will suspend for one minute form up there Did it pass?
It didn't pass? The members will be at ease for just a moment please. Members We are waiting for two amendments and because of the way we are going to temporarily to displace this bill and take up another one. The conference report for 924 the Clerk will read. The conferees report to resolve a difference between the senate and the house of representatives on house bill 924, a bill to be entitled on act and to clarify when the law enforcement officers required to request a blood sample when charging an offensive mistmindor of death by behavior clarifying the governing prohibit of [xx] authority, of a director of SBI provide, offset this for the release of mineral deposits to state lands, increased [xx] government force account labor and repeal to donate the NC match and funds requirement. The senate rules an operation of the senate community substitute to adopt 92315 fourth edition engross 92415 to make follow up report conferees the senate and the house representatives adopted four-day conferees report September 29th 2015, conference from the senate. Sanderson Cheers, Senator Raven Hiace, Gun, Tillman and Randleman conferees for the house of representatives, representatives Chair, representatives Torbett, McNeill, Jitter Graham, Charles Graham and Mayer. House to come to order. Representative representative [xx] you're recognized to explain the conference report. Mr. Chair, I move that the house adopt the conference report for house bill 924, and like to speak on that motion? You have the floor to speak on that motion. Thank you Mr. Chair, members we've addressed representative Torbett's concern all the conferees signed and everyone seems to be okay with the changes made. So I appreciate your support of the adoption of this conference report. Further debate on conference report? Representative Lukey for what purpose do you rise? Thank you Mr. Speaker I don't see it on the dashboard and I wonder if anybody else is having the same problem that I am. Well is it on dashboard? It's on the way. Sir? It's on the way. On the way thank you. If we could wait Mr. Speaker, if we could wait and not only to have it but to read it through a couple of minutes or a minute. We'll wait till you get a copy of it. Thank you sir. It's now on your dashboard. The copy, Representative Luebke it's on your dashboard if you care to look at it. Further questions further debate on this? Mr. Speaker. For what purpose does the gentleman from Gaston arise? To speak on the conference report. You have the floor to speak on the conference report. Thank you I figured want I talk for just a minute give looking at [xx] he's been looking for. I want to thank representative Bob for working for this, it was one of
those things that was added last minute and it would have had an adverse affect on some issues we're working on DOT relative to outsourcing. It was really easy to work with, and we deeply appreciate Representative Luckey. May I ask Representative Luckey a question? Representative Luckey, you rise to ask a question? Have you had enough time to review it now? Yes sir I have. Thank you very much. I think it's always a good idea that we actually be able to read the bill before we vote sir. Thank you. For What purpose does Representative Jeter from Mecklenburg rise? I was wondering if Representative Meyer was here for a question? Representative Meyer question? I will be happy to. Did you enjoy your first time as a conferee? I did. Thank you sir. Representative Bishop from Mecklenburg, for what purpose do you rise? I guess to ask a question of the bill sponsor. does the gentleman from Stanley yield to the gentlemen from Mecklenburg? I yield. He yields. On page 43, lines 16 through 26, there is a provision concerning conflicts of interests of hospital authority commissioners. Was that right, I'm sorry I withdraw the question. For what purpose does the lady from Avery representative Turner rise? I would like to change my vote on the Dollar amendment for senate bill 119. The lady will be as having voted aye, I that the same request from the lady from Yancey the lady will also be recorded as having voted aye on the Dollar amendment. Further discussion further debate, for what purpose does the gentleman from Haywood representative Quinn rise? I was in the chamber for the Insko amendment I just like to recorded as voting aye. The gentleman will be recorded having voted aye with just one amendment for representative Insko madam clerk the gentleman will be recorded voted aye on the amendment. The question before the house is the conference report the house bill 924 those in favor will vote aye, those opposed will vote no the clerk will open the vote following members wish to record representative Blessing, representative Johnson the clerk will lock the machine and record the vote. 114 having voted in the affirmative and none in the negative the conference report is adopted, will be so notified and will be sent by special messenger to the senate. Special message from the senate the clerk will read. Mr. Speaker the message we sent to the house representatives, with the information that the senate adopts a report of the conference for the house bill 924, conference report a bill to be entitled like to clarify when a law enforcement officer requires or requests, of a blood sample when the child from the church of Mr. Mayor claim side of the law government prohibits the use authority in blue lights to appeal for mandatory [inaudible] clarified the subpoena authority of direct SPI up set dates for its leases the a minimal deposit of a land, increased cost of living work can be reformed by the government forces, account labor and to donate the Nc matching the foreing] when the appropriate actions have been taken by chambers, the Bill will be already in law we send it othet members Chair directs house bill 539 be removed from the counterreferred to the committee on rules counter and operations of the house. Senate bill 670 Clerck will read senator Apodaca senate bill 670 a bill to be entitled an act limit members of the University of North Carolina board of governors to three terms General assembly of north Carolina enact. The gentleman from Durham Representative Louise is excused from voting on this bill, the gentleman from Wake, representative Dollar is recognized to send forth and amendment Clerk will read. Representative Dollar moves to amendment, amendment number two, the senate bill 670 on page one lines 13-19 by reading the lines. The gentleman from Wake has the floor to debate the amendment Mr. Speaker, what this memo does is it removes the two provision, two of the provision that were added yesterday that dealt with public disclosure of the top candidates and public discussion of the top candidates for the presidency of the university system. These amendments also provides a mechanism for the appointment
if the board so chooses, of an interim president clarifies that. Mr. Speaker I would just simply say that when you are in the process of hiring someone at this level, it's just like, actually it's more important, but it is very similar to when you're hiring a top flight coach. Everybody knows that you don't disclose all of the names that you're recruiting, you're recruiting people nationally, you're recruiting people in state, folks that are in very serious positions, and confidentiality is crucial. Absolutely crucial to the ability to recruit, and thoroughly vet the level of candidates that we want for a number of particularly this position is present in the university system, which I think all of us feel very strongly about. I do commend representative Martin the other day for his effort to address the transparency in the process but I think we are in pretty good agreement that what we need to do is modify that a little bit, because our real goal or all our goals, to make sure we have the best person possible for president of our great university system, be happy to answer any questions. Thank you. For what purpose does the gentleman from Wake Representative Martin rise? To debate the amendment. Gentleman has floor to debate the amendment Thank you Mr. Speaker members I think this is we are looking for balance and everything and I think we need to be careful and still preserve the body of the board to get the best candidates for the presidency of the university system. At the same time I do think it's important that we do send a message to the board, the transparency is important and they need to do better in that regard I think the bill as amended with this amendment will do just that. Message should be sent, Question before the house house is the adoption of amendment three send forth by Representative Dollar, those in favor will vote aye those oppose will vote the clerk will open the vote. clerk will lock the machine and record the vote. 112 having voted in the affirmative and one in the negative the amend is adopted we are now back on the bill further discussion further debate? If not the question for the house is the passage senate bill 670 on it's third reading. 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. 105 having voted in the affirmative and four in the negative senate bill 670 passes its third reading will be sent to the senate by special messenger. Members earlier we displaced senate bill 694 with Representative Collins had a questions have those concerns been [xx] are we ready to proceed on that bill? Mr speaker for what purpose does the gentleman from Mecklenburg Representative Brawley rise? I was consulting with my seat mate and neglected to record an aye vote on third reading of 670. How does the gentleman wish to be recorded? I wish to be recorded voting aye. Gentleman is recorded as voting aye, for what purpose does the gentleman from Lee representative Reese. Just ask to be recorded as voting on third reading. The gentleman will be recorded as voting aye, for what purpose does the gentleman from Nash representative Collins rise? to send forth an amendment if we are on 694. The senate bill 694 the clerk will read. Actually the clerk has already read it, we are back on it just a moment I think we have one more change vote. Representative Horn gentleman wish to be recorded as voting on the previous bill? No sir on house bill 924 I like to be recorded as voting no. The gentleman will be so recorded. The gentleman Nash recognized to send forth an amendment clerk will read. Representative Collins moves to amend the bill on page one line 33 and 34 by deleting the line substituting the following. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker, this amendment will do two things, the first it will do is on page one lines 33 and 34 would change the funds to being more than $1000 per day per prescription drug, rather than per individual prescription written and on page two line 15 it would insert the word extraordinary to make it consistent with the
wording in the bill to which this is being added the legislation that we passed last year. I would ask for your support, this makes the bill, or this section of the bill less egregious than it is, although, if it means anything to you, the North Carolina chamber and the NFIB are opposed to this entire section of the bill as well as a number of other organizations so I would ask you to vote green on this amendment. For what purpose does the gentleman from Robinson, Representative Graham rise? Mr speaker I spoke with the affected parties on these Gentleman is recognized to debate the amendment. Thank you, I spoke with the affected party on the section two in this Bill, I did discuss the possibility of amendment, and I'm pleased with the amendment and I encourage your support. Further discussion, further debate on the amendment, if not the question before the house is the adoption of amendment one sent forth by representative Collins. 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, none in the negative. The amendment is adopted. We are now back on the bill further discussion, further debate? If not, the question before the house is the passage of senate bill 694 on it's second reading those in favor will vote aye, those opposed will vote no. The clerk will open the vote. following members wish to record representative Brown, Rayne Brown, representative Warren, Arp, McNiell, Farmer-Butterfield. Th clerl will lock the machine record the vote. 101 having voted in the affirmative, 13 in the negative, senate bill 694 passes its second reading, and will without objection be read a third time. General assembly of North Carolina next. Further discussion, further? If not the question before the house is the passage of senate bill 694 on its third reading those in favor will say aye, Aye. Those opposed no. No. The ayes have it. Senate bill 694 passes it's third reading and will be returned to the senate. We are now back on senate bill 119. Representative Hanes is recognized to send forth an amendment the clerk will read. Representative Hanes moves to amend the bill on page 23 lines 34 through 35 by inserting between the lines a section to read. The gentleman is has the floor to debate the amendment. Thank you speaker members what this amendment does is assure that the already existing [xx] plate is only distributed to members of [xx] thank you very much for your support. For what purpose does the lady from Surry Representative Stevens rise? And I'm not even sure who to direct the question to, so maybe I will just ask and somebody can tell me if they know the answer. But a couple of years ago I know we had a lot of problems and issues with license plates particularly those with a full color background and we indicated that we were not going to make those license plate anymore cause they was so confusing to law enforcement, so this does not appear to be consistent with their licence tag policy it does no appear to be a technical correction and I was just wondering if it went through transportation or any of the other places that normally look at these licenses plates. Does the lady, the lady has tendered a question and I would submit the question does the gentleman from [xx] wish to answer the question? The gentleman has the floor to respond to the question. the plate is already in existence basically what happened here is that the initial file of this bill a few years back created a situation where they were registered motor so people would register the vehicle, we are getting the plate who are not members of the fraternity. We filled this earlier in a year we were told that it would be put into this type of bill at the end of the session it was inadvertently left out all way once again wishing to do s to assure that only members get this plate that is already existing and on the road in North Carolina and not anyone who happens to have a registered vehicle, thank you very much. Further discussion, further debate, if not the question before the house is the adoption of amendment eight offered by Representative Hungs. Mr. Speaker. Chair withdraw the question. For what purpose does the gentleman from Gaston[sp?] Representative Tobit rise? Question of the bill sponsor. The gentleman from Surry, Wilkes the gentleman from Gaston. Absolutely. He yields. Thank you Representative Starn, do we have a conversation be among us in the area and we're looking at, is this a
plate that it may can have it like put on the room door or a wall or something or is to be assigned or registered to a motor vehicle which is now scratched out, I'm a little confused, can you help me with that sir. Yes absolutely happy to answer, once again it was the plate was initially intended to be issued for motor vehicles only to members of capofice, and as you can see it says initially you can get it if you are a registered owner of a motor vehicle and we just only want members to have the plate for their car. Does the gentleman from Forsyth yield to a additional question? Yes. He yields. Representative I may be bombarded with question up here so I'm trying to put them al into one. Would you be amenable to altering this into a member of Kappa Alpha Psi fraternity or and inclusive to for a registered owner of a motor vehicle, so what actually is a plate that would be going on direct motor vehicles, Not just one that's out there? Yes as long as it's Kappa Alpha Psi fraternity and not I'm sorry I don't have my glasses on here. Absolutely Kappa Alpha Psi fraternity. Does the gentleman wish to ask an additional question? I do. Does the gentleman yield? He doesn't have to Yes he yields. Thank you Mr. Speaker You are welcome as the vice chair of rules. Representative what I'm asking is I would be inclined to ask members to vote no if this was simply a state issue played that was not going to be prone to a vehicle, if it was going to be issued for a vehicle as every other plate is and I'm aware of, I would be inclined to ask members to support this sir. I'm agreeable to your request. Thank you representative. Thank you. F Or what purpose does the gentleman from Cumberland Representative Richardson rise? Further discussion further debate? For what purpose does the gentleman from Gaston Representative Torbett rise? Mr. Speaker I guess I need to amend this bill unless representative Hayes is going to amend this bill, which case inquiry of the Chair. The gentleman may state his inquiry. Until such amendment is provided, can we perhaps pull this off the calendar until that amendment is ready. The chair will thank you. The Chair will displace amendment eight does the gentlemen wish to withdraw that amendment at this time? Yes. The amendment will be returned to the member. The lady from Guildford representative Harrison is recognized to send forth an amendment, the clerk will read. Representative Hugh moves to amend amendment number one to senate bill 119 on page one line 8 by adding the following at the end of the line. Thank you Mr speaker ladies and gentlemen of the house this amendment clarifies the intent of representative Faircloth's amendment that we just passed regarding Greensboro redistricting. The Greensboro city council put up for a public referendum for your terms in the November ballot and the amendment that we just passed would have invalidated that referendum. So this clarifies the effective date of that provision is now January 1, 2016 so that the referendum can take place. I urge your support, thank you. Further discussion further debate on the Harrison amendment? For what purpose does the gentleman from Forsyth Representative Hanes rise? Further discussion further debate on the amendment if not the question before the house is the adoption of amendment nine sent forth by representative Harrison, those in favor will aye, those opposed will vote no, the clerk will open the vote. clerk will lock the machine and record the vote. 98 having voted in the affirmative, 16 in the negative the amendment is adopted. we are now back on the bill. Appears to be not further bills further discussion, further debate if not the question before the House is the passage of Senate Bill 119 on the second reading.
Those in favor will come back to third. Those in favor will vote aye, those opposed will vote no, the clerk will open the vote. Representative Shepard, Representative Waddell, do the gentlemen wish to record on this bill? Clerk will lock the machine and record the vote. 108 having voted in the affirmative, 7 in the negative Senate Bill 119 passes it's second reading and will without objection be read a third time. General Assembly of North Carolina enacts. Mr. Speaker? Representative [xx] it has to be read a third time so, anyone can run an amendment. So bill is back house for third reading, the chair is going to temporarily displace the bill while the amendment is worked upon. House will be at ease for just a moment. Mr. Speaker. For what purpose does the gentleman from Cumberland, Representative Floyd rise? Inquiry the chair. The gentlemen may state his inquiry. While my two colleagues prepare this amendment, can we take a five minutes water break? We are going stand at ease for just for a few a minutes, we are not going to go to the recess where the door are open, and all but I think members have about five minutes that they don't have to worry about anything happening we are at ease. Madam clerk Representative Hastings on house bill 694 changed from aye to no. Strike that. Madam clerk Representative Hardister will be changed to voting aye on the Harrison amendment. madam clerk Representative Hise wish to be recorded as having voted no on the senate bill 694. Madam clerk, Representative Waddel ask me record voting aye on the [xx] amendment to 119. No. Madam clerk, Chair is moving a re-referral. House Bill 436 Unauthorized Practice of Law Changes, the bill is removed 36B referred to Committee on Judiciary One. We're now back on the bill, Senate Bill 119. Representative Ross is recognized to send forth an amendment, the clerk will read Representative Ralph posted to amend the bill on page 57, lines 26 through 27 by setting between the lines the language to read The gentleman has forwarded the debate remember the house will come to order Thank you Mr. Speaker, members this is a purely technical correction of a date, this is the date on a piece of the budget that was passed peace. The date and the original budget bill we passed was 2015 came back, and the date was 2016 so this actually puts it back in line with what the date was in the budget bill and I would ask for your support. Thanks you if further members wish to debate this Amendment, now the question before the House is the Adoption of Amendment 10 sent forth by Representative Ross, those in favor will vote aye, those opposed vote no, the clerk will open the vote. I'm changing my, Chair is
going to use the Chair's discretion to give members a few more moments to vote because the question did come very quickly. To be on the safe side the clerk will strike the vote. We wait just a moment, we'll wait until we hear, I know a number of members are off the floor. Mr. Speaker are you taking any other questions? At this point we're in a state of question on amendment 10 sent forth by Representative Ross. The chair struck the question because the chair knows a few members were off the floor so to make sure members don't miss votes, the chair was giving another minute or two before the chair opens the vote again but does the lady have an inquiry of the chair? I'd like to ask amendment sponsor a question. Does the gentleman from [xx] representative Ashe yield to the lady from Orange. I yield. He yields. Representative Ross, this amendment changes the effective date from January 1, 2016 to January 1 2015 can you tell me what impact that has on what does it do? This puts it back in line with the actuall bill we passed in the budget, if you go and look at the original bill we passed that date was the date that was in it and all this does is just correct said date. Thank you. Further discussion further debate on the amendment. If not, the question for the house is the adoption of the amendment 10 set forward by Representative Ross those in favor will vote aye, those opposed will vote no the clerk will open the vote. The clerk will lock the machine record the vote. 100 having voted in the affirmative and 6 in the negative the amendment is adopted the gentlemen from Catawba Representative Setzer is recognized to send forth an amendment the clerk will read. Representative Setzer moves to amend the on page 27 lines 14 15 by inserting the following between those lines. The gentleman has the floor to debate the amendment. Thank you Mr speaker ladies and gentleman this is a request from the North Carolina board of Harbor[sp?] examiners and it brings them into compliance that they're individuals applying registering for a registered barber's license who has a GED or a high school diploma and it brings it into compliance with the federal pilgrim. Thank you, I appreciate your support. Further discussion, further debate on the amendment, if not the question before the house is the adoption of amendment 11 send forth by Representative Setzer those in favor will vote aye those opposed will vote no. The clerk will open the vote. It's getting a little late. The following members wish to record representative Ross, Blust, Waddell, Jeter, Graham, Terry, Floyd, Insko Representative Ross the gentlemen wish to record. The clerk will lock the machine record the vote 106 having voted in the affirmative and 3 in the negative the amendment is adopted. The gentlemen from Forsyth Representative Hanes is recognized to send forth an amendment the clerk will read. Representative Hanes moves to amend the bill on page 23 line 34 through 35 by inserting between the lines a section to read. The gentleman has he floor to debate the amendment members thank you for your patience we did make the request to change it reads eligible[sp?] to the registered owner of a motor vehicle who is a member of the [xx] fraternity I would like to thank Representative Torbett for his [xx] on this and I appreciate your support thank you. Further discussion further debate? the amendment if not the question before the house is the adoption of the amendment the chair will strike the question and for what purpose does the gentleman from Gaston Representative Torbett rise? [xx] captain The gentleman is recognized to debate the amendment. Yes as I as I earlier I would ask my colleagues to support Representative Hanes amendment Further discussion further debate? If not the question before the house is the adoption of amendment 12 those in favor will vote aye, those opposed will vote no the clerk will open the vote. I don't know. Is this one okay? Representative Horn does the gentleman wish to record, representative Faircloth, representative Blust, representative Floyd, representative Jobson. The clerk will lock the machine and record the vote. 109 having voted in the
affirmative, 3 in the negative the amendment is adopted. For what purpose does the gentleman from Durham, Representative Hall rise? Thank you Mr. Speaker, change my vote on second on senate bill 119 to no. The gentleman will be so recorded, for what purpose does the gentleman from Nash, Representative Collins rise? Ask the bill sponsor a question Does the gentleman from Hart yield to the gentleman from Nash? He yield Mr. Speaker. He yields. Representative Lewis thanks to all of the people who offered amendments. I actually was able to read this bill, so now I can maybe get off my red button. There's a couple of things I really don't understand the first is on page 33 there's a paragraph there that talks about local boards of education establishing none profit corporations and I'm just wondering what the necessity for that is and what the rationale for that is I guess? Mr. Speaker may I ask the gentlemen would he please direct his question to Representative Johnson. Does the lady from Cabarrus yield to the gentleman from Nashville? I do. ] She yields. Does the lady need the question repeated or is she prepared to answer the question. I think I'm ready to answer the question. That amendment was brought to me by senator Hugh so your schools usually have foundation and sometimes they have the authority and this gives them the the right to have the authority over them. Do you yield for additional questions? I do. She yields. I just want them for me, I'm just unfamiliar and I just want to know the purpose for this foundations or whatever are. In the case of the one that I established for the board I was on before ours was four just to raise money for equipment and things like that, we bought computers. Follow up. Does the lady yield to an additional question? Not necessarily to her. It's a different question about the bill. Does the gentleman wish to make a pulnary inquiry to the chair? I guess to Representative Louis I suppose Does the gentleman from Harnett yield to the gentleman of Nash? Yes sir. He yields. Pages when this might be directed to Representative Dollar or somebody else from pages 53 and 54 there's a section 88 that has to do with Medicaid and has some numbers 12 and half million here and 31 million there, and I didn't understand all what that section was about and I was if there's someone who could summarize it. It look like it might be more than a technical piece to me, but I'm not sure. Everything was underlined so it look like it's all new. That was just down, Representative Collins. While the members of the conferring, the chair will inquire for what purpose does the gentleman from Guilford, Representative Johnson rise? [xx] require that as I on the amendment. I'm sorry can the gentleman please restate. Hanes amendment I want to be reported as aye. Gentleman be recorded saying aye on Hanes amendment. does the gentleman from Nash wish to direct the question to the gentleman from Wake representative Dollar? I would be happy. And does he gentleman from Wake yield? I yield. He yields. This language this sort of further clarifies a provision in the budget it involves graduate medical education and those funds which are reduced that it essentially provides for those medical school UNC hospital system and also a vire that is connected with the UNC, excuse me, C school of medicine that they are not impacted by this reduction. Thank you representative Dollar I had a feeling you might be able to answer that For what purpose does the gentleman from Mecklenburg Representative Bishop rise? To ask a question of the bill sponsor please. Does the gentleman from Harnett yield to the gentleman from Mecklenburg? I yield. He yields. On page 43 line 16 through 26 of the bill is a provision concerning conflicts of interest for hospital authority commissioners, sub-section A and it's referring to, this is a section 71 of the bill and it amends general statute section
131-E-21 concerning conflict of interest. Sub-section A there as it currently appears in the statute prohibits commissioners or employees of a hospital authority from having any interest direct or indirect in any contract for materials or services to be used in connection with the hospital facility except in employment contract from an employee but then down this new provision C1 appears to circumscribe the effect of that conflict of interest provision I wonder if there is an answer to the question why that is being added to the technical corrections bill? Mr speaker may I yield the gentleman from Johnston representative Daughtry Does the gentleman from Mecklenburg wish to direct the question to the gentleman from Johnson? I do And does the gentleman from Gaston yield? I'll be happy to yield. He yields. In many small hospitals throughout East North Carolina for example where I live Johnson county and also in Sampson county when they formed the hospital it belonged to the county and the board of trustees generally were volunteers in the county but the truthful the ones who run the hospital were the trustees that were doctors at the hospital and they had privileges there and that's been going on since the 50's, and some point in time they notice that the law does not, to allow them to be a trustee because there was a conflict of interest, and these stayed on hospitals on county of hospitals. This simply allows them to be on the board, if they are [xx] to have privileges, provided they disclose what their interest is. They've been doing that for 30 years, or 40 years, they know more about the hospital than anybody. All right Mr. Speaker. Does the gentleman yield to an additional question? I do. He yields. Is there any particular incident that led to the dealing with this issue in this way at this time? Well some smart lawyer discovered that there was a conflict of interest, and they wanted a provision to make sure that they were compliant I'm with the law. Further discussion, further debate, if not the question before the house is the passage of senate bill 119 on its third reading, those in favor will vote aye, those opposed will vote no. The clerk will open the vote. The following members wish to record, representative Hallway, Davis, Adams, Dodson, Insko. The clerk will lock the machine and record the vote. 103 having voted in the affirmative, and 9 in the negative. Senate bill 119 passes it's third reading, the bill be returned to the senate. I wish to be recorded as yes. Representative Insko will be recorded as having voted aye. Gentleman from Harnett, Representative Louis is recognized to send forth the committee report. The clerk will read. Mr. Speaker Just a moment. the clerk will read. Representative Louis, rules calendar and operation of the house committee report, sergeant resolution 721 a joint resolution in favorable house committee substitute, joint resolution. Unfavorable of the original joint resolution. Original joint resolution is placed on the unfavorable counter, the house committee substitute joint resolution calendar and without objection this evenings calendar so ordered, now for what purpose does the lady from Wilson representative Farmer-Butterfield rise? Mr speaker I wanted to vote aye 119 senate bill 119 thank you. Just a moment, is that the bill that we just did 119? The lady will be recorded as having voted aye on 119. Representative Dollar, Johnson, Lambeth and McGrady are be recognized to send fourth committee report the Clerk will read. Representative Dollar, P. Johnson Lambeth and Mcgrady, appropriation committee report, house bill 98. Appropriation 2015, favorable of committee substitute, and unfavorable original bill. Original bill unfavorable calendar, committee substitute calendar and without objection this evening's calendar so ordered. Special message from the senate, the clerk will read Mr. Speaker [xx] your message received today, the house representative failed to concur, to house bill 526, senate committee substitute fourth edition a bill to be entitled an act to deannex certain described property from the City of Locust to annex the same described property into the town of Stanfield, and to add certain described property to the [xx] realms the town weighing through the subject to referendum to suppose [xx] appoint senator [xx] as chair senator Alexander, Wills
on the [xx] [xx] the power of the senator to concur [xx] differences arising between results. Noted. The gentleman from [xx], Representative Stanley is recognized to send forth conference report the clerk will read. The conferees appointed to dissolve the difference between senate and the house representatives on house bill 526 a bill entitle and act to [xx] property from the sit of [xx] to the towns of Stanfield and to add certain described property to the cooperate limits subject to referendum. Senate finance committee substitute adopt 9215 fourth addition in gross 92815 submit the following delete the entire senate financial committee substitute, adopt 92115 forth edition, engross 92815 and substitute [xx] H56-PCCS 40258-TBX-2. The conferees has recommended the senate for house representative adopt this report, day conferees approve report September 29th, 2015. Conferees of the senate Senator McInnis Chair, Senator Alexander and Bells senate [xx] house of representatives representative Bell Chair, Representative Presnell. Calendar without objection, this evenings calendar. House bill 526 the clerk will read. The clerk is directed only read the short title. Members this is the one that was just read in the conference report, the clerk will read. A bill entitled an act to deannex certain described property from the City of Locust, and annex that same described property into the town of Stanfield, and add the certain described property to. The gentleman from Stanly is recognized for a motion. Thank you Mr. Speaker, I move that the house adopts the conference report for house bill 526. Further discussion, further debate? Like to brief the Speaker on the motion. gentleman is recognized to debate the motion. Thank you Mr. Speaker just to let members know why this Bill has returned to just a local Bill for Stanly County for locust and sand filled and the lake [xx] has been deleted from the bill, would appreciate your vote. Mr. Speaker. For what purpose does the lady from Orange representative Insko rise? I don't have this on the dashboard. It's on the chairs dashboard the body can suspend if we like, it says local bill on low cost de-annexation and stand the member may wish to refresh your screen, however member able to also see the bill on the dashboard? Further discussion, further debate, for what purpose does the gentleman from Durham representative Luebke rise? Just very briefly Representative Burger would yield for question. Does the gentleman from Stanley yield to the gentleman from Doram? I yield. He yields. This is the bill we talked a lot about where the city council did not vote against de-annexation, is that correct? They did not want de-annexation is that not correct? No sir you're thinking of a Norwood issue, this is dealing with the town of Stanfield and the town of Locust and they're in agreement about this is really just moving a few pulses of land that the owners of that particular property wants to move from one town to another. Thank you very much for the clarification. Further discussion? Further debate? If not the question for the adoption of the conference report, house bill 526 on the second reading, those in favour will vote aye, those who oppose will vote no. The clerk will open the vote. Clerk will lock the machine that record the vote, 110 having voted in the affirmative and three in the negative, the conference report is adopted second reading remains on the calendar. House will be at ease. Members the house is about to go into recess until 11 PM, the majority leader is recognized for announcement Thank you Mr. Speaker republicans we coccus in 1248 immediately during recess Further notices and announcement? For what purpose does the gentleman from Wake Representative Morilyn rise? Moment of personal privilege. Gentleman's recognized to speak to a point of personal privilege. Thank you Mr. Speaker. Ladies and gentlemen, a number
of things happened on the 30th of September in history. Peter Stavins, and this for tomorrow because we're all going to be at night, and I don't want to go through it when we're all looking to go home. But Peter Stavins in New Netherlands, forbids tennis playing during religious services. I thought that was interesting under the circumstance in 1950 the last college club baseball was played in 911 which I also thought was funny the USS nole was the first atomic powered vessel that was commissioned by United States Navy and Fairy Williams from the Braidey bunch was born and that fine morning at New York city, everybody woke up and took a look at their news paper and there was a picture of Willy Maze say AK catch in center field. Great picture, and of course that was from the 29th, so you are late. Happy birthday Larry, today is Larry's birthday. Larry I have been working with you, you have been doing a good job you are committed to service, you defend your ideas of passion, and happy birthday What purpose does the gentleman from Wake, Representative Pebbleton rise? Point of personal privilege please. Gentleman's recognized to speak to a point of personal privilege. Well my good seat-mate her, James, we've become great friends, we've got a lot in common but he celebrates his birthday Saturday and I want everybody to recognize his birthday. For what purpose does the gentleman from Guildford representative Blust rise? See if anyone in here can get representative a gun for him to carry around for his birthday. For what purpose does gentleman from Craven representative Speciale rise? He doesn't need a gun he's got a 38-caliber camera case. Members we've had to go into recess subject to ratification the bill's message from the senate committee reports conference reports, re referrals of bills resolutions deployment [xx] the house stands in recess until 11 PM. Ratification the the clerk will read, The enrolling clerk reports following bill during the presentation to the governor. House bill 318 enacted require a verify and governmental contract to revive a certain councilor and MC documents, may now be used to determine a persons identification of resident for government to alarm forcing purpose to prohibit adoption sanctuary. City prohibit the department of health and human services from seeking certain weavers, house bill 531 enact to authorize Wake county to alleviate 1% occupancy tax The house bill 765 the clerk will read. come to order, house bill 765 the clerk will read. The conferees appoint to resolve the difference between the senate and the house representative to house bill 765, a bill to be entitled an act to allow further regulatory relief for citizens in North Carolina by providing the various administrate reforms by eliminating certain unnecessary outdated statutes and regulatory modernize[sp?] simplify cumbersome outdated regulations, by making various statutory changes. Senate finance committee substitute adopts 63015 forth edition engross 7215 submit the following report. Delete the entire senate finance committee substitute adopt 63015, fourth edition, and gross 7215, and substitute the attached propose conference committee substitute 8765-PCCS40526-SBF-6 the conferees recommend for the senate and house representatives to adopt this report. [xx] conferees approval report September 28th, 2015. Conferees for the senate, senators Whaychair, Senator Brock, Jackson, Alexander, McInnis, and Bingham, conferees for House of Representatives, Representative McElraft - Chair, Representative Stam, Goodman, Torbett, and Yarborough. The lady from Carteret. Representative McElraft is recognized for a motion. Thank you Mr. Speaker, the members, I would like to move that we accept the call for support on house bill 765 Lady has moved the house to adopt the call for support for house bill 765. The lady now has the forward
to debate the motion Thank you Mr. Speaker, I am going to turn around so I don't have my back to everyone I just wanted to say how proud I am at this conference committee, as you know I had a bill house bill 765, we talked about it, it had one paragraph when it went over to to senate Baker. Our readily foreman there readily form in it. That's why this old lady stuck with doing this tonight. I'm going to have lots of helpers that have professional expertise in this but I just want to say how proud I am of this conference committee and how we went through, spent endless hours. I think there we're actually 28 versions of this and then we started changing the version numbers and we were at I think line 6 or 8 at the end, but I want to thank staff also, it was amazing to have that kind of experts from our staff here, the lawyers we have here, attorney that we have here but I want to tell you I'm also very proud of this bill. I want to let you know that this bill is good for North Carolina, it's good for our state, and it's good for the environment. environment. It is a job still. I'll tell you a quick story about we were in the EM's environmental review commission and we had secretary Scaval[sp?] come over when he first began. He told us of the story about when he first met Ashley furniture and Ashley furniture said, please, he said, please what can we do to help you because you need to relocate here in North Carolina, he said, we have been trying for almost eight years to relocate here in North Carolina your regulations are stricter than California's. Just a moment the house will come to order I would ask member with extra conversations to please take those outside and give the lady the respect she deserves. The lady has the floor to continue debate. the conference report. Hank you Mr speaker he said that they said please take our hand and lead us to this process and that began what we call start of red reform and Secretary [xx] started that at dinner and started being friendly to our companies in trying to help them come here and know that we respect what they are doing we didn't loosen any environmental laws by doing it we just lead them by the hand and told what they needed to do instead of fighting them every step of the way. So I want you to know we're becoming more friendly to companies we haven't loosened any environmental regulations that would hurt our water, our air, our state in any way. I'm very proud of this I hope you will be proud of this bill too it is clean, it's green and is not extreme. This is also about balancing ecology and economy and we have to do that in order to create jobs but all of us have grandchildren children family members that we love dearly now in words any pollution or bad air quality. There is nothing in this bill that listens to regulations on anything that will help anyone pollute or increase air decrease the air quality in our state. I am just the chair of this committee I would like to tell you about the experts fits so on this committee representative Stam, representative Alp. They were both amazing representative Stam have this with middle things and also with local government issues representative Alp with you and did and incredible job I just heard so many say tonight that it was on of the best job they have ever seen on riding race water reform and is something that is definitely needed and we will go through that latter. Representative Youberor[sp?] he has so much to offer the committee. Representative Goodman, thank you. You are very gracious and you help us with experiences extra in the business world. Representative Hegger. Representative Tobit, he knew about all the DOT things and we also had Representative Millers who was not on the committee but we probably speak more tonight, because I don't think that there is anyone in here that can get even near him, on his expertise on storm-water and that kind of things except for maybe Representative [xx]. If I've offended anybody else's engineering here, please forgive me.
But I wanted to also thank Representative, Former Representative [xx], we kept calling him representative, because he did put his input in a lot, and we reminded him he wasn't still a representative here, but he was amazing to help us because he had the insight into Dino which is now called DEQ, but I just want to thank him, and thank our senate counterparts because they were amazing to come back and really listen what we had to say on our encounter to them, and they agreed with most of what we said. If we say who won as far as the senate in the house I believe the State of North Carolina won. Because this is something that will help bring jobs here. I don't know if you all received the message from the Chamber of Commerce, I was going to read it to you, but I don't have my phone up here. But how can you receive a message from North Carolina Chamber of Commerce? They are absolutely supporting this bill thy have asked you to support it and they have reasons why it is a good bill for bringing recruiting jobs and also for keeping the environment clean and safe. What I will do we have this form which is two pages or the 71 pages that I could go through any vote on the two pages? Anyway I think that's what I'm going to do start with that and then we will let the experts answer your questions, and like I said the experts here or in the committee Representative Miller will probably do a lot of the talking tonight he was not on the committee, but he was absolute help in this. I just want to let you know which sections were removed from the bill we had a two hour meeting after we got the bill over here we didn't just let it not go through the committee we had a two hour committee meeting and all we did was listen to the pubic on that. We didn't really have that much input from the committee members, we didn't take any votes but we listened to the public and the following sections were removed from the senate version number 1.4 allowed attorney fees when the state is prevailing party that was removed from the bill that we also required a judge to assign cuort cost and attorney fees to the third party. We heard very much from the public they did not want that Judge [xx] came up here said he wasn't even sure it's constitutional so we did eliminate that without any problem from the senate they agreed. And section 3.10 the licensed surveyor to mark state marked boundaries that was removed because wildlife is showed evidence there were consequences. Repel energy audit requirements, we eliminated that when we moved that from the bill because we feel that these energy audit shave really helped the safe money in energy and have really brought the energy savings and ways to save energy to our state agencies. The disclosure of personal identification we did remove that from the bill, and we kept the addresses associated with hunting and fishing licence, exempt from public records definition, and then we took out the part that increase the threshold for stream litigation and that was because the code of engineers had a provision that it was even less than what we had here in 300, they had jurisdiction at 150 and so it was not necessary, it didn't really accomplish anything. And then we change the following sections, the occupational licensing board investigation, we change the language there from what the senate had just barely this was at the request of the auditor. On the [xx], a lot of you probably had about the fair piping product, and we turned that into the study to go the ERC. And that was our cities and counties really were objecting to that because they have some issues they want to make sure their engineer to be the one made the decision so we're going to study that because there are acetic[sp?] orders from 50 years ago that require our own clad piping. I think that's the way he said, piping and not even look at plastic piping, so we want to make it fair and they have no monopoly since the state of North Carolina and that's what the study will be about. We are conforming to the Federal Regulation, Federal Standards, and that was the one that the Senate on the ATV where the Senator had in there, what are the federal standards? And that was the letter the six year old read in ATV, this was not the big ATV's they were the little ones but we said we had so much outrage on that child fertility everybody was against that.
So we changed that back to eight where we had it before. So we did listen, listen to the public and on the electronic and a computer recycling instead of just doing away with it like they have in the senate we decided to change that to a study. And so that will be studied and we're trying to figure out who needs to be paying the fees manufacture whatever. On the section 4.3 the EPA would burning self rules it was identical to senate 303 passed in senate in April 23rd 40 to 9. In the second part of the bill that section dealt with the state adoption of federal errors emissions guidelines, we removed that we listened to the folks that were against doing that and we did remove that. We modified the effective date of the laws of site permit, the laws of site permits were in the budget, so we added this area to just say that there is a lot to decide permits can be transitioned into, instead of waiting until their permit expire. Waste industry asked us to do that because there was unattended consequences was from the budget provision. We amended the laws covering Brownsville development and had a minor change directing Dina which is of the EQ to study the background values of hexavalent chromium and the nathimum[sp?] present in ground water and that was I think Representative Bumgardner had an issue with that in his area. We had people who were getting letters from the Public Health Department, that they had contaminated water around some of the coal ash areas. Well the standards that the health department came up with were a thousand times the standards that California has for those two elements. So we decided to ask Dina to study that and send out another letter. That's not in here but we did ask them to send out another letter clarifying that. So that should make your people at home that they're not drinking contaminated water. Let's see, the next next one is we did 4.14 we added the section that said, plumber contractors, did not need to be licensed farmers did not need to be certified safety taken scholars in order to put a grease trap at the to, separate the upstream of this epic take, so that helped that so you didn't have to call a certified septic tank personnel to do that little job. We amended the isolated lands we changed it from, it was changed from allowing one acre state wide which is still a hard in there to changed it to asking the EMC to make rules to divide this state in the three different areas, we have one acre on the coast, that will not change, we are looking at increasing acreage in the middle of the state and then living in a third if the mountain bogs. But those lines will be drawn by the people from the EMC not from us. The amend coastal storm weather requirements the senate did have a provision that said we are going to go from 12% I mean 24% in previous to okay wait, place in previous surface requirements at 12% rather than the 24% that existed in the coastal counties 10 years ago. That's what was in the senate and we changed that to a study for Dina to look at that and representative Millis wrote an incredible section there where he described another method that they need to study. The animal welfare hotline all we did was listen to the attorney general's office and take their recommendations and we improved that. And then the one section that we actually added yesterday within the foreign bill that passed the senate and passed over here and it had the agricultural plastic disposal and that's what the alternative methods for that. What happens is in Agriculture they have that black liner that they put to keep the weeds and staff away, and they tried to recycle as much of it as it can some of it is really dirty so they just wanted to dispose it in a different way and some of that was burning it but it did not go against the federal guideline. So that's what we did different, and I would be happy to answer any questions or send those questions to my experts over here and just hope you all will vote for this good clean green and not extreme bill. The gentleman from New Hanover
representative Davis is recognized to debate, really adoption of the conference report. Mr Speaker if I may can I please ask the bill sponsor a question? Does the lady yield? Yes I do. The lady yields. Thank you Mr. Speaker and thank you Representative Mark Oriel. If I may, I'd like to ask you three questions and those three questions come for about a Million emails that I have received as I'm sure everybody in this chamber has received and I hope it will clear up the concerns that they had. Question number one, Does this legislation destroy natural buffers resulting in pollution? No way, does not in any way and we can ask Representative Millers but I don't believe there's really any buffer legislation in this at all. okay. Does the lady yield for a second question? The lady yields. Thank you Mr Speaker thank you Representative Mark Oriel, now the second question, Does this legislation reduce the number or air monitors? It doesn't, it allows the air to do so as suggested by the EPA, right now we have regional monitors that the EPA really doesn't even recognize, they're getting ready to supporting in local monitors, will they feel the area of non entertainment e. T. C are going to be, it's more important to have them local, so those regional monitors they even suggested the EPA suggested to us the EQ Department, that they take those out and spend their time in there effort and the money, on this local more efficient kinds of Air monitors, but what we did on the outside is for heaven sake, if the EQ thinks there is an area that they want to keep that regional monitoring, they have the right to do so. So actually we're going above what the State has asked us to do. Does the lady here offer a third question? I do. Lady yields. If I may speak invite Representative, third question would be does this Legislation allow self report violation that will result in the hiding of the records of wrong doing? Absolutely not, but I would like to have a longer explanation if the speaker would allow, for Representative Miller, he has studied this intensely and I think he has a better answer than I do. For what purpose does the Gentleman from Pender County Representative Millers rise? To field representative Davis third question. The gentleman is recognized to respond to the question. Representative Davis third question was regarding the provision in dealing with self audit, understand where it comes to Self Audit that you're actually are asking the Environ agency to audit whether you're in compliance with the law, I sent you an email to everyone in this House Chamber about merely tailored this provision is. What it does do, what it doesn't do, what it excludes and what it does not exclude is very clear but only give you an understanding of what the existing law is in regard to self audit. Right now, Dena has a EPA approved self audit policy. That self audit policy allows a business or an entity or an individual to pursue this self audit a number of times. It has no criminal or civil liability penalty whatsoever. What will actually qualify in the law into this bill above and beyond policies is number one, it has to be approved by the EPA before it even goes into Act. Number two, this provision here does not waive criminal penalties whatsoever and the actually civil penalties that it actually waives is barely narrowly tailored and as you saw on the email that I gave you there are plenty of exemptions for that aspects, this does not allow any individual to knowingly violate the law, this is the aspects of actually bring in the regulatory NCN asking the variant compliance and actually having the self-audit provision but in no way is to protect the business practice, the cut corners or any thing above that they are able to be prosecuted to the full extent of the law that actually was my brief explanation on the self outer provision and I hope this dispels a lot of the misconceptions that have been said about this. I haven't answered any more detailed questions you may have. The gentle lady from Guilford county representative Harrison is recognized to debate the conference report. Thank you Mr. Speaker and
ladies and gentlemen of the house I'm not going to take too much of your time because the hours is late, but this is a very significant environmental bill and dominance is probably doing the most damage that we've done yet to the environment to this session. I want to give a lot credit to Representative McElraft though for taking out the really awful stuff the Senate sent over. She indicated it was a one page bill, innocuous bill, that went over to the Senate that came back with 47 changes of significant policy changes that did not belong in this bill, and I guess I have a problem with starting the process in substance. The process is that, I also appreciate the fact that we had a public hearing, two hour public hearing but after that it was sort of a closed door process in terms of how these changes were made. So we've got some major significant environmental policy changes that are showing off in a a conference report that never actually went through a committee and outside of having that public area and the two that I think bothered me the most are the cell [xx] provision and the risk mediator. Those are very significant changes with the way that we're protecting out environment, I think that we would benefit by having some input form the public on those back and forth and commitee hearing but that was not going to happen given the situation we had at hand, and I understand we were under pressure from the senate to deal with this. So I appreciate the fact that she and the rest of confrees managed to get rid of a lot the really bad stuff, but I'm very troubled by this change I think I probably don't share Representative Millis's comfort level with this so far privilege. I think removing incentives for preventing pollution, I think we're going to punish companies that are doing the right thing. I think that combined with the risk for mediation provision where we actually don't have to clean up the water to drinking water standards, and just to the rest that will be attached to the property, and with some notice to the neighbors that I think that's very troubling. There are a number of roll backs of protection in here relating to air and water quality that are very troubling to me and particular in the mainstreams which would affect at least half the streams in North Carolina. These aren't thin [xx] streams, these aren't ditches, these are actually the streams that are except maybe in the summer, and perform an important hydrologic and water quality function. I'm delighted to be critical of the house here because I think the house did it's best but I'm bothered by this continued drawbacks in the thermal protections and I would urge you to vote No ithank you. Mr Speaker. For what purpose does the gentleman from Pender representative Millis rise? To see if Representative Harrison yield to a few questions? Does the lady from Guilford yield? She yields. Representative Harrison thank you so much with your comments and I just wanted to make sure that I had the proper understanding on this bill as we vote on it, in terms about your comments about any type of liaising or protection of any made streams is that are you aware that current policy in regards to our stream protection, which could actually be any made streams are currently required hard by the feds to be protected, it actually mitigated at a 2:1 ratio mitigation means cost, our citizens have to pay two times the cost aspects of mitigation. Are you aware that current law just basically requires the state after an individual has already been hide up for cash to hide up some more all we are doing is allow the federal standards of protection to actually stay in place. Their is no rollback on the protection of these streams that maybe intermingling because they are actually protected by the army code engineers. I'm not aware of that it was my understanding that we had extra state protections that were important for water quality protection. I appreciate that clarification Mr. Speaker that would be all that I ask at this time. Thank you the gentleman from Orange representative Meyer is recognized to debate the conference report. Thank you Mr. Speaker, I will echo the comments from representative Harrison that I know that it was not largely the house that drafted most of the environmental provisions in this bill, that their is actually worked on to improve the provisions that came over from the senate. None the less I do want to share a few things that I'm concerned about the first thing I want to bring to your attention depends on what representative Harrison just pointed out about the risk mediation standard that is laid up in section 4.7 I asked the sergeant of arms to put a map on each of your desks. Their are 1887 non land fill sites that need this type of risk remediation in North Carolina right now. Their is one in everyone of one of our district at least one usually multiple because their is almost 2000 of this things. The standard that changes in
the risk remuneration standard changing in this bill will mean that all of these will be able to be cleaned up to a lower standard so every single one of us if this bill passes is going to have to go back and tell our constituents that whatever have been done to spill the contaminated near back yard is maybe going to be cleaned eventually or if it is, it is not going to be cleaned up very well, none of us will be immune from that. There are 11 bad of my amature provisions in this bill. To me this bill is not a good economic bill, it is a bill that is like saying to companies, come here if you want to pollute, we are giving you a set of rules on how to do it, we are telling you exactly how many times you can get away with it and self report and not have to face full punishment for it, that's what the results of the self-audit privilege and the limited immunity section is. Dirty air and water are not a [xx]. We do not need to have a regulatory bill that there is the impact over this to say can pollute in our best backyard we need a clean environment that build a healthier economy and I cannot support his bill. Gentleman from Nash, Representative Collins is recognized to debate the conference report. First I'd like to ask representative Millis a question if I might representative Millis. Is the gentleman form Pender representative Millis yield? es sir. The gentleman yields. [xx] just heard that we are giving a game plan for companies to come in and pollute and it was certainly implied if not stated directly that this self-auditing will allow companies to intentionally violate the law, and then get of scot free. Is that accurate what I just heard? Representative Collins that is totally inaccurate whatsoever, this does not allow anything about a company any individual to violate the environmental laws to actually pollute like what representative just said by any means. What this prevents any individual to violate the environmental laws to actually pollute like what representative just said by any means. What this prevents is, companies or individuals having an actual accident and instead of them sweeping under the rag to the detriment of the environment allows them to ask regulatory agency to come in make sure they are actually compliant and there is actually strict language of what is exempted and what is not in regard to penalties, in regard to what actually can be held against them by way of the court of law so that no way is this permiting polluters as a matter of fact, he is actually stranger than the current policy. It has to be approved by the EPA before it goes into place and what it actually does is it leads to cleaner outcomes for our environment, by having individuals understand what the law is trouble but it is what you know that it is this self auto provision is nothing like it has been said before. Representative Miles would like to debate the bill if I may. Gentleman is recognized. When I first came to this chamber in 2011, then Speaker Taylas made me a part of kind of an add hock group which was charged with meeting with economic developers. These are county employees of course that are trying to either recruit employers to come to North Carolina, or get those who are here to stay and expand. We met with them in three offices in Raleigh, Greensbough, and Charllotte. By teleconference so that we can be meeting developers from around the state and we ask these people to help us help them and they actually create the night page document to give us a blue print for putting North Carolina back to work and for making us more competitive as far as getting employers to come to North Carolina, and to my great surprise as so as looking in the chamber they the number one thing on the list was not taxes, that we didn't get the taxes to we got the page four, and next page report, the first three pages all dealt with the abusive over-regulation and just consequence relationship that our regulator had with business entities her in the states and how they seem to actively try to keep employers from coming to North Carolina. I can tell you how stories that are just almost impossible to believe as to how obstructive our regulatory agencies were to getting businesses here, and that's why during the decade, that's one of the reasons at least during the decade of the 2000s, we fell behind, not only the rest of the South East, but the rest of the country in real wage growth, and in jobs produced here in North Carolina.
So I'm very proud of the fact that we have had regulatory reform or some form or other every year since I've been in this house. If you want a jobs bill, this is the most most important jobs bill we can pass this session. There is nothing that kills business like uncertainty, and there is nothing that kills business like not knowing how you're going to be treated by regulators. Not knowing whether hey're going to respond so you're on a timely basis, lots of things that we've suffered here. Our system is much better than it was five years ago, but we still have a ways to go, as one of our engineers in Missouri, representative Colin is not here tonight, but as our engineer have stated this particular bill in no way damages the environment, what it does is again give our economic developers another little shot in the arm and allow them to go out and try to bring in employers to North Carolina so that we can put our people that want to work back to work. So this is a very important economic development bill and I would certainly ask that if you vote green. The chair intends to take a vote on this bill no later than 10 till, we have two speakers if those speakers could get those time frames it would be very appreciated. The gentleman from Macklenburg County representative Bishop is recognized. I like to debate the conference report please. Gentleman is recognized. Thank you Mr. Speaker one of the things, after private practice law for 25 years, I've come to believe that the main thing lawyers do that other people don't want to do is read stuff, and I've gotten a lot f emails over the course of the last several weeks about and part of this I can deal with as a lawyer and part of that I can't. Then I met in stream those I've explains those that are explained very well that the self audit privilege and the limited immunity provisions I understand those pretty well because I can read them and follow them. and what's remarkable to me is that anybody could, if you characterize this as letting polluters self police or any of the thing that Representative Moore described about this. You either haven't read it or you don't care what it says because you want to make a political point. First of all the concept of privileges, having certain information that is developed and that you can keep confidential and don't have to disclose, have been our law floor since England. The attorney client privilege for example. You encourage as a matter of social policy to get advice from an attorney, and when you do that, someone can't just come in and say, well what did you tell your lawyer? There's a concept called the self evaluative privilege a lot of jurisdiction have where businesses to encourage them to go and find out what the problem is, if they do that, they are not put to the Hobson's choice of trying to do that and then risk it being turned over to somebody in litigation. That's what this provision does about the privilege, the self of the privilege. And it has so many limitations, to suggest that this would be something that would invite some raucous road polluter into the state so that they could exploit, is laughable. It doesn't, it just is nothing of the kind. Any kind of intentional wrong doing, if you discover a problem, if you don't act on in 14 days, if you don't report it with the regulatory agency with responsibility. If you don't commence clean up procedures right away, you get no privilege, no immunity. You bear the proving all of those things, it's just an absurd excess and redrick and the disregard for the truth ought to scandalize us all For what purpose does the gentleman from Durham Representative Lucky arise? Speak briefly on conference report. Gentleman is recognized. Thank you Mr. Speaker and I recognize your desire that we move along on the bill. I just want to speak briefly about about when I think the certain fictions happen to do with how our state was, in terms of economic development before 2011. We created many, many jobs in this state and we were welcomed, our state was welcomed by many, many corporations
across the state, across the country and across the world for our strong infrastructure. In fact site selection magazine repeatedly in the 2000's listed North Carolina as the number one state in which to do business. Now this was at a time time when there were many more regulations than they are right now. Because to be honest all of these so called regulatory reform bills are really in in these regulatory repeal bills that get rid of regulations, all of which were there until 2011 and all of which major in employers could deal with when they came to this state, so the idea that our state was in some grave economic jeopardy in terms of the interests from out of state corporations is just a fiction. And so it's important to recognize that when you make these regulatory changes done on balance you are weakening the regulatory structures of the state, in your way and you repealing in the way that is not necessarily in the public interest the public interest groups who monitor the environment have great concerns about these bills and do not think that the bills represent any kind of balanced changes so again, don't forget how good our state was doing before 2011 with the existing regulations before the number of Regulatory Repeals Bills pass, this one and those in US part of this. Thank you I hope you vote no on this Conference Report. The lady from Carteret, Representative McElraft, is recognized for no more that 30 seconds. I'll do this quickly. First of all, I want to say that I accidentally left off one of the most important conferees. Representative McGrady was incredible. He is the one that held our feet to the fire to make sure that we moderated this and I just feel so badly that he was on my list and I did not realize it. My 30 seconds are up, but I just want to quickly say I hate to dispute what Representative Harrison said because she's been very kind today to me. But we have 12 of these provisions went through senate committees, 13 of them went through house committees, and 13 in most of them were in the out late reformed bill that we passed and sent to the senate. To say this bill has not had a hearing is absolutely incorrect. Please vote for the house bill. Further discussion further debate, hearing none, the question for the house is the adoption of conference vote for house bill 765. All those voting in favor press aye, those against press no, the clerk will open the vote. The clerk will lock the machine and record the vote. The ayes are 73, the nos are 39 the conference report is adopted, the bill will be enrolled and sent to the governor. The senate will be notified. Special message from the senate, the clerk will read. Mr. Speaker it is ordered that the motion be sent to the house of representatives with information that the senate adopt a report conferees for house bill 526. Conference Committee Substitute, a bill to be entitled an act to deannex certain described property from the City of Locust, and annex the same described property to the town of Stanfield. When appropriate action has been taken by both chambers the bill will be ordered and rolled. Respectfully Sara Lang principle clerk. Noted. House bill momentarily we have one more message from the senate. Members for planning purposes at least at this point we are going to reconvene at 12:05 but we're waiting to see what the schedule's going to be going back and forth the senate on some legislation, I understand there's going to be some non-concurrence on a couple of the bills that we passed so there will be some conference that has to happen and I'd ask that some of, those conversations already take place I believe there's already happening. Special message from the senate, the clerk will read House bill 259 first edition engross
with a amendments one, two three and four build the entittled act to make technical correction related to government for concurrence in civil limit number one, number two, number three and number four. Counter and without objection this evenings counter to order. Actual calendar for the mark, yes we will do that Notices and announcements? gentleman from Harnet representative Louise is recognized for a motion. Mr. Speaker, subject to the receipt of committee reports, and conference report, and the re-referral of bills and resolutions, messages from the senate both of the house to now adjourn so we can reconven on Wednesday, September 30th at 12:05 AM Representative Luis More seconded by Representative Stam subject to the conditions set forth by representative Louise, that the house do now adjourn to reconvene Wednesday September 30th at 12:05 AM, those in favor say aye? Aye! Those oppose no. No!. Nos appears to have it, no do have it, I strike that Aye's appear to have it, the ayes do have it. Now please stand adjourned.