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House | June 22, 2016 | Chamber | House Local Government

Full MP3 Audio File

Good morning I'd like to call this government to order. I welcome you all here. I'd like to say at the beginning if anyone is here in the public that would like to speak on any bill before this committee today, there is a signup sheet. I'd ask you sign up now. Put your name and put the bill that you'd like to speak on, and whether you're speaking in the favor or against. I'd appreciate if you do that now, if you so desire. I'd like to welcome our sergeant-at-arms Young Bay, Jim Morann, Martha Gutterson and Will Clocker. We appreciate you all being here today and appreciate all that you do for the legislature. I'd like to recognize our pages, Antony, Carol Paula who is sponsored by myself, from New Hanover County, Julia Ellin from Wake County, sponsored by our Representative Chris Malone, John Wallace from Wake County sponsored by By Representative Robert Reeves and Bailey Williams from Harnett County sponsored by Representative Brad Salmon. We are glad you're here, we hope you have a great experience this week, and we'll continue to do so as long as you're in service here, thank you. The first item on the agenda today will be senate bill 215. Senator Rabin is here, you will be presenting the bill, I understand there is not a serial referral? There is no serial referral, Senator Rabin the floor is yours to present the bill sir. >> Mr. Chair? >> Yes sir. >> At the appropriate time. >> Thank you sir, just hold that though first, I wanna hear Senator Rabin's excellent presentation before we vote. >> Thank you Mr. Chairman, members of the committee, senate bill 215 abolishes the position of coroner in [UNKNOWN] County Effective at the end of the current term, that's it. >> Thank you Senator Rabin, are there any questions by any members of the committee? Hearing none I have not received any information that anyone from the public wants to speak for or against the Bill, seeing that no other comment from the committee, I will entertain a motion from Representative Bowes. >> I make a motion favorable senate Bill 215. >> There's a motion before the committee for favorable report any discussion by the committee before we vote? Hearing none all in favor say aye. >> Aye. >> All oppose say nay. >> Passe unanimously . Thank you senator Rabin you receive a favorable, report. Yes sir. Next item on the agenda, Senator Barringer. Are you here for senator [INAUDIBLE]? This is senate Bill 849, Wake county town, is gonna donate retired service animals. >> [INAUDIBLE AUDIO]. >> There's an amendment that representative Faircloth/g wants to make to this amendment is being passed out, you're all aware of the amendment. Senator Barringer are you acceptable to the amendment? >> Yes, >> If you all would please review the amendment, Representative Faircloth you're recognized to present your amendment at this time. >> Thank you Mr. Chairman, there is a state wide bill moving forward on this particular subject, and what this amendment will do is say that if that bill passes, section two of this bill would be nullified. >> Thank you, Senator Barringer would you like to comment on the amendment? >> It's a friendly amendment I agree with it Mr. Chair and I ask for your support. >> Thank you, are there any further comments from the committee concerning the amendment which is being proposed by Representative Faircloth. Hearing none,all those in favor of the amendment please say aye? >> Aye. >> All opposed say no? That passed unanimously, we're back on the bill. Senator Barringer would you please present your bill as amended. >> Thank you Mr. Chair and members of the committee, this particular bill is the bill that many of us have seen before as we said that is moving through as a state wide bill as well, that will allow certain municipalities and I believe the county on [UNKNOWN] as well to be able to donate their retired service animals. I'd be happy to answer any questions about this but the language is fairly much the standard language that's been used in the other bills that are doing the same thing. >> Thank you senator, are there any questions or comments by any member of the committee concerning the bill? I DIDN'T HERE Anyone in the public signup to speak in favor or against, therefore I'll entertain a motion. Representative Bowls makes a motion to- >> That we accept 849 with rolled into an amendment.

>> The motion is to roll the amendment into a new PCS and to provide a new PCS a favorable report and non favorable report as to the original bill. Excellent motion Representative Bowl. Any discussion about this committee before we vote? >> Thank you chair. >> Yes sir. Hearing none all in favor say aye? >> Aye. >> All opposed say neigh? Passed unanimously, thank you Senator Barringer and you'll get a favorable report. >> Thank you Mr. Chair, and if I might say I'd like to thank the co-sponsors of bill, this was a bipartisan effort with Senator Chaudhuri and Senator Foushee so thank you very much, I appreciate your support. >> Yea ma'am, thank you. Next item is senate bill 880, abolish casual county coroner. Senator Woodard, the floor is yours to present your Bill sir. >> Thank you Mr. Chairman, good morning ladies and gentlemen of the committee, identical to Senator Rabin's' Bill this would abolish the office of coroner for [UNKNOWN] county at the end of the, the current term, this is a request by the [UNKNOWN] Board of County commissioners. >> Thank you sir, are there any questions or comments by any member of the committee? Representative Rookie. >> Just wanna move of r favor report. .> Thank you sir, if you'll hold that thought, any other questions or comments by any member of the committee, representative Balls/g. >> Yes sir, we just need go ahead a abolish the rest of the decision and I wish there would be a Bill but called we have a medical examiner system in the State of North Carolina now and I just they were gonna see two fours, six more coming shortly. Thank you. >> Yes sir perhaps you might do that in the next long session. Thank you Mrs.speaker. [CROSSTALK]. I would not received any designation from anybody in the orders that want sustain for against they are four Representative Lukie, Yeah I believe now its the appropriate time. >> I move for favorable report. >> The motion Motion before us is to move for a favor report in further discussion by the committee by we vote, seeing none all in favor say aye. >> Aye. >> All opposed say no. Passes unanimously representative [UNKNOWN], you receive the favorable report. Thank you for being here sir. Next on will be senate bill 787, stakes county/local expire request Senator [UNKNOWN] is the sponsor of this bill but you'd be presenting it, is this correct. >> Correct. >> Thank you Mr. chair. This bill has a request by two request, rolled into one, one by the town of one in quote and the other by stakes county board of commissioners, what this will do is it will Terminate irrevocable trust established for police department of one in quote, the one in quote in the police department has since been disbanded so we're terminating that irrevocable trust and the second part of the Bill will allow the state county both commissioners to pass in ordinates to regulate the use of alcohol in the dam river, I'll happy to answer any questions. >> Thank you, Representative Hall is there member of the committee that has any questions or comments for Representative Hall? Representative [UNKNOWN]. >> [INAUDIBLE AUDIO]. >> If you'll hold that thought please, having not received any designation from anyone on the audience that wants to speak for or against the Bill, is there any other comment by any member of the committee? Hearing none Representative [UNKNOWN] I believe now, is the appropriate time sir. >>Thank you Mr chairman, I move that we give senate Bill 787 a favorable report. >> There's a motion before for discussion about the committee before we vote? Hearing none all in favor say aye, >> Aye . >> All oppose say nay. Passed unanimously. Thank you sir. The next item on the, agenda Senate Bill 795 Clay County Courthouse. Senator Davis is the sponsor, but we're honored to have Representative West who will represent the bill today, Representative West the floor is yours. >> Thank you, Mr. Chairman, members of the committee. What this bill will do it would exempt Clay County from the public contacting rules so they would be able to restore Able to restore the old courthouse, they're going to do it through a nonprofit in Clay County and they need this so they can restore the old courthouse. Appreciate your support. . >> Representative West, I understand that there is an amendment to be offered by Representative Ford, are you familiar with the amendments? >> Yes, Sir [INAUDIBLE_AUDIO]. >> Are you in favor of the amendment. >> Yes sir. >> Representative Ford, the floor is yours to to present your amendment. >> All this amendment does is deleting 2019 substituting 2018. >> Is there any discussion by the committee concerning the amendment Representative Fisher? >> [INAUDIBLE_AUDIO]. >> Any comments by any member of the committee concerning the amendment? Hearing none all in favor of the amendment please say aye. >> Aye. >> All opposed please say nay. Amendment passed unanimously we're back on the bill as amended, Representative Fisher. >> Thank you Mr. Chairman, I would like to know what is it that causes there to be a need for a release from public like a public contract process four and historic building.

>> Representative West. >> I think what it is Clay County has got, it's a small courthouse, it's a very poor county, they're going to turn it over to a nonprofit and if it go through the system it's going to cost them a bunch of money and they're trying to do it cheapest way possible. >> Followup? Okay, Representative Warren. >> Thanks, just for a motion on appropriate time. >> Thanks, so if you'll hold that thought. Any other question or comment by any member of the committee? Having not received any designation from anyone in the audience that wanna speak for or against the Bill, Representative Warren now is the appropriate time. > Thank you sir, I make a motion for a favorable report for senate bill 795 as amended rolled into PCS for consideration. >> With a favorable and unfavorable report as to the original Bill, excellent motion, that is the motion before us, are there any further discussion by the committee before we vote? Hearing none all All in favor say aye. >> Aye. >> All against say nae. Passed unanimously, thank you very much Representative West. >> Thank you Mr. Chairman, thank you members of the committee. >> The next item on the Agenda will be Senate Bill 831 which is [UNKNOWN] detention contracts animals, the sponsors Senator Jackson, we have, Representative Jimmy Dickson that will be presenting the Bill, the floor is yours sir. >> Thank you Mr. Chairman, members of the committee, Representative Faircloth/g has an amendment to send forth, first I will say that there's two things this Bill does, number one it allows the [UNKNOWN] and [UNKNOWN] sheriff's offices to contract for the purchases of, of food and food service supplies for their counties detention facilities without being subject to the requirements of certain state purchasing contracts. The other part of the Bill is identical to what has been before you and Representative Faircloth/g has an amendment that says, I'll let him explain it, would you recognize Representative Faircloth for his amendment. .>> Let me ask you first Representative Dickson, are you aware of the amendment? >> Yes I am. >> Are you in favor of the amendment? >> Yes I am. >> Representative Faircloth you're recognized to present your amendment. >>Thank you Mr. chairman, the same amendment is for the other Bill that we talked about, there was a Bill going through that would de-stabilize, This amendment simply says if that Bill passes, then section two of this one becomes null and void. >> Thank you sir, any comments or questions by any member of the committee concerning the amendment? Hearing none, all in favor of the amendment please say aye, all oppose say nae. The amendment passes, we're back on the Bill as, Amended, any further comments, Representative Dickson. Hearing none, Representative Warren did you. >> Just for a motion for record time sir. >> Thank you, if you'll hold that thought. Representative Holling, excuse me. >> Thank you Mr. Chairman. >> Yes ma'am, My question is what is the particular rationale for wanting to get out of the contracts with the, are they having trouble getting Bids and contracts on the food services in the Sheriff's department? >> Representative Dickson. >> Thank you Mr. Chairman, representative Holly I've talked with the Sheriff [UNKNOWN] and Sheriff Jimmy Thorn and I, And I asked that exact question to them and they indicated that it was a question of practicality and common sense to be able, for example Sheriff Wallis gave the example of take bread for example, he has a, Long standing procedure where he goes down to the IGA store and buys only that which he thinks they'll be able to use, if it comes up short then someone can run right around the corner which is a block and a half and pick up a couple of loafs of bread, he says that that flexibility, He believes allows him to not have to throw food away but to buy as needed. That's one explanation, it's just a matter of practicality, there's, and this rural areas and stuff like that, these state wide contracts, practicality. >> Follow up. >> Follow up. I'd like to make a statement. I understand the practicality but these rules are in place and you have some problems, from your local vendors, when the IGA guy and the AMP guy and somebody else says, well you didn't come over here for bread, why didn't you I get an opportunity to supply that bread? And I think we're opening up a can of worms when what we could do is modify the existing law to maybe get some ease here but to just not do it I think we're heading down a road that we can't come back from. >> Thank you, Representative Dickson would you like Like to respond to that comment? >> No sir. >> Thank you, Representative former [UNKNOWN]. >> Thank you Mr.

Chair, I wanted to ask if the local delegation are all in accord with this legislation? >> Representative Dickson. >> Senate, I do not know, I had a very, Brief conversation with Representative Bale, I was asked to move this Bill rather recently, had a very brief conversation with Representative Bale and I ask if, I can't answer that question, I don't know if Representative Bale is, Is for or against this. >> Representative Browly. >> Thank you Mr. Chair, I have a couple of questions for the Bill sponsor if I may. >> Yes sir. >> Representative Dickson, you're being added to a list of primarily rule counties that have asked for this exemption for their detention facility, And I understand that Duplan while a beautiful county, is very rural and I suspect that you do not have actually a state contract supplier of food located in Duplan county. >> It is my understanding Representative Browly that we do not. >> May I ask a follow up? Up. >> Yes sir. >> representative Dickson, we've had a lot of discussion about food deserts and places where fresh food is difficult to achieve and people have to drive great distances, as I recall the debate on the floor, Duplan county was one of the counties that was mentioned as a food desert and in spite of, The fact that you have such agricultural production there, is that also true? >> Representative Dickson. >> That is correct and that's the reason that I am a very strong supporter of the effort, although we recognize from the very beginning that the $300,000 in the budget , Is not gonna be a solve all problem but there are actually people out there that are actually trying, a little bit of effort and that's the reason that I supported the $300,000 in the budget and I continue to do so for that very purpose. >> Last question Mr. Chairman. >> Yes sir. >> So If I've understood the debate in this and the previous ones, the, Situation that the sheriff faces is he either has to buy excesses of food, knowing that he will loose food through spoilage, or try to estimate closely his amount and end up in a situation where people may go hungry because they run out of food because the estimate Was not correct or in this particular case, if they run short they can use local sources that are not state contract vendors and everybody gets fed, is that essentially what we're trying to do here? >> Representative Dickson. >> That is correct, thank you Mr. chairman, that is correct, there's a gentleman that lives a mile and a half outside of , His name is Bill Chestnut, he grows the best sweet corn that you can imagine, they're actually people who want to get in jail. >> [LAUGH]. >> There's actually people that wanna get in jail Representative Holly. >> [LAUGH] >> When is that sweet corn coming off? >> [LAUGH]. [LAUGH]. >> Follow up Representative Blowley . >> Actually one did occur, how does one access this sweet corn, coz I do like it. [LAUGH]. >> Representative Dickson, you wanna respond to that? I think a lot of us would like to know. >> There are two favorites and this is by scientific pooling, the two favorites of the prisoners are Bi-color and bodacious. >> [LAUGH] >> Representative Holly. >> Thank you Mr. Chairman, okay I food, my objection is the bypassing of the purchasing laws. I think we need to be doing more to try to adapt it or rule, not just saying we're not gonna abide by them but to adapt them to allow some flexibility. And that's where I object to since coming is just completely saying we're not gonna use purchasing contracts laws. There should be some flexibility estimate [UNKNOWN] and that's what I'm trying to push for here. And, but everybody knows, I'm about the food in the rural areas as well as in my community and that's objective to this Bill. >> Thank you Representative Leubke. >> Thank you Mr. Chairman. Representative Dickson, I'm not trying to keep the Bill from passing, but as I understand the rules during the short session, there has to unanimous agreement of the delegation. As you very straightforwardly described the conversation with Representative [UNKNOWN] doesn't sound like he, In fact gave an affirmation and he supports the Bill and I seem to remember when we had this situation in Durham,

we actually had to sign off. And I can't tell you if that's still the situation, may be staff knows, but I do know there has to be affirmative whether oral or written support from all members of, the delegation, so it seemed to me that we need to postpone this until Representative Bell has indicated he is affirmatively in support of the legislation of the Bill. >> Mr. Chairman, it's not really a parliamentary inquiry because I already know the answer to the question. >> Representative Blowley you are recognized, to a point of order. >> Because I have a situation that arose regarding a local Bill in Mecklenberg county. The rules in the House require unanimous consent of all members of the delegation, the rules in the senate do not. And if the Bill is sourced in the senate without complete affirmation, by all members of the delegation it is still eligible for consideration in the house. I won't go into the specific things on that. But I have already run into this this year actually without going into the details I had already researched this. This bill would be in order in the house because it is a Senate bill not a House bill. >> Thank you for that clarification, follow up Representative Luebke. >> Yes on the substance, I'm concerned as Representative Holley is, that we are somewhat piecemeal going through this. And this is not a criticism of your bill cuz you're just adding to others, but I would note that it's not just rural counties looking in the bill description we've got Orange, we've got Guilford, we've got Cumberland, just for starters we've got Wake, Alamance is basically no longer a rural county. So we really do have a lot of urban counties here too and I'm just troubled with the lack of qualification and wondered whether you or others you had thought about a statewide bill, if that's a good idea a little bit with Representative Holley that it ought to be clarified the amount of purchase that can be without contract ought to be qualified. And I guess my question at this point. I mean those are my concerns committee members. Does staff know, is there any statewide bill in the [INAUDIBLE] is there any consideration members have given to a statewide bill that would have us in lower minimum. >> Representative Luebke hold that thought. >> Representative Dickson, did you wanna respond? >> Thank you Mr. Chair, Representative Luebke and Representative Holly, I could not agree with you all more, than what I agree with you, I saw an invoice, two weeks ago. Where our school system paid $4700 more for a lawn mower than a man two tenths of a mile from the central office would have sold him the exact same, lawn mower. Except for one little glitch in the serial number qualifications of this stupid, senseless, absolutely ridiculous, state purchasing contract. And so I'll be glad to work with you and you too Representative Holly to change this ridiculous purchasing contract system that the state of North Carolina has that costs our tax paying citizens, millions of dollars each year. So if we want to ride that horse I'll get into my stable settle in and be at the front of it just let me know when. >> Thanks Representative Dickson I think we all know how you feel. >> [LAUGH] >> Representative Luebke in response to your other question I'd ask Erica Churchill member of staff to please respond. >> Representative Luebke we are unaware of any statewide bill affecting purchasing and contract in this manner, that is working it's way through the general assembly the short session. But of course come 2017 it will free for anyone to file a bill do that. >> Representative Ross >> Question for bill sponsor. >> Yes sir. >> As I see it the number of counties that are doing this right now this is about 20 plus is that correct? >>I count the same way. >> And This is a local Bill, right? >> Yes sir. >> Follow up. >> Yes sir. >> I guess since I was co-sponsor of the original Bill that started

all this last session with Alamance, and I would say that with our sheriff's department in , Alamance this process is working much better than what they were having to deal with before. The sheriff's department is able to provide local fresh food, the sheriff is happy, the prisoners are happy, the food is better. And this is some, thing that really should be looked at state wide, but as a local Bill, I certainly support this. >> Thanks sir, any other questions or comments by any member of the committee? having seen no one sign to speak for or against the proposed Bill, I'd ask was there a motion? Representative Warren. >> Yes sir, I make a motion for a favorable, report for senate Bill 831 as amended rolled into new PCS unfavorable to the original. >> A favorable report wants this rolled over to unfavorable report to the original. That is the motion before us. Is there any further discussion by any member of the committee before we vote? hearing none all in favor say aye, >> Aye. >> All oppose say nay . The ayes have it, you receive a favorable report. Thank you. >> Thank you Mr. Chair, one final comment. >> Yes sir. >> If each member of the committee would take out a little note cord and let me know whether you prefer bodacious or bi-color, I'll let you know when it's gonna be served at the, jail. >> We all look forward to that invitation. Final bill to be heard today is senate bill 883, [INAUDIBLE]/town appointment, senator Smith, you're gonna be presenting representative Ray will be presenting the bill, there's a PCS without objection the PCS is probably before us. It's my understanding the PCS was distributed in timely fashion last night to the members of the committee. Representative Ray the floor is yours to present the PCS sir. >> Thank you Mr. Chair, committee members. This is a local bill in Northampton County it just allows the Wildlife Resource Commission to install a shooting range in Northampton County. We have a local law you have to be 8 foot off the ground to shoot or high fire a rifle, and I have a resolution from Northampton County that they agree to this and it's just on the shooting range property. >> Thank you sir, are there any questions or comments by any members of the committee? Having received no designation that anybody in the audience wanted to speak for or against the bill, I'd asl is there a motion to provide the PCS for Senate bill 883 a favorable report and an unfavorable report to the original bill? Representative Boles so moves, is there any further discussion by the committee before we vote? Hearing none all in favor say aye. >> Aye. >> All opposed say no Say nay Passed unanimously thank you Representative Ray- >> Thank you Mr.Chair. >> You get a favorable report. No, further business, to come before the committee, we hereby adjourned. Thank you. [SOUND] [BLANK_AUDIO] [BLANK_AUDIO]