The house will come to order, members will take their seats, the visitors will retire from the chamber. The Sergeant at Arms will close the doors. Members and visitors alike are asked to please silence all electronic devices, today's prayer will be offered by Representative Harry Warren. We ask all of our guests and all members to please stand and to remain standing for the Pledge of Allegiance. Rep Warren. Thank you Mr speaker, please bow your heads and join with me. Heavenly Father, we are gathered today together before you with our heads bowed and our hearts open at this moment to ask of you, guidance, wisdom, patience and tolerance as we prepared to do the work for the people. Lord, give each of us the strength of character to do the right thing, to step out of party or ideology to look at each issue before us pragmatically, objectively and to make decisions based solely on what is in the overall best interest of the people we represent remind us Lord that doing the right thing for the right reasons no matter how difficult or challenging is never the politically or morally wrong thing to do bless accordingly we pray in Christ holy name amen. Amen. Member our pledge is going to be lead former representative Danny, who we all of us know. Dan we're glad to have you with us and we'd be honored sir if you lead us in the pledge of allegiance today. Thank you Mr. Speaker. I pledge allegiance to the flag of the United States of America and to the republic which stands, one nation under God, indivisible with liberty and justice for all. indivisible correct I move that this stand approved as written. Representative Louis moves that the journal from May 5th be approved as written those in favour will say aye those opposed to say no, the ayes have it, the journal is approved as written. Members out nurse of the day today is Cathy Ray from Angel North Carolina, Ms. Ray glad to have you with us today, thank you for being here. Members the Chair will like to extend courtesies of the gallery to a number of guest that we have here today, on behalf of all members of the house, the chair is very happy and honoured to have with us today the members of the Alpha, Kappa Alpha sovereignty who have been here all day visiting with members and I see them with the in the gallery, will all please stand so that we can welcome you and than you for being with us here today. In additionally we would like to make sure that we recognize Herin[sp?] Sails Williams who is the sister of reading clerk [xx] would you stand that point please Herin where are you? Additionally we would like to recognize on behalf of members of the house the county commissioners who are with us today with the associations who have been here all day and have been making the rounds and talking with us. I would ask all the couny commissioners that are here today to please stand so we can welcome you as well Representative Conrad, Personnel, and Ross you're recognized to send forward the committee report, the clerk will clerk will read. Representative Conrad development committee report senate bill 105 include under report favorable Committee substitute number one calender and without objection today's counter any objections so order. Members before we take counter bills, we haven't had an opportunity to introduce our pages, I would ask our pages to please come forward Do I have all of the pages
up front Representative Luis and Rupee look like pages to me pages whenever the reading clerk calls your name to please step forward so that the members can see who you are. Reading clerk may read [xx] Orange County, Sophie Ketron Wake County, Cody Moore Northampton County, Stephen Pinner [xx] county, Isaiah Parsons [xx] county, Sarah [xx] Carlifax[sp?] county. Julia Savy[sp?], Soury[sp?] county. Charity Comes[sp?], Hope county. [xx] we're honoured to have you here with us this week we hope you're having a good week so far and enjoy the rest of it I would ask my colleagues to please join me to welcome you with us today [xx]. For what purpose does the gentleman from Scotland representative Pears rise? A moment of personal privilege Mr. Speaker. The gentleman has the floor for a moment of personal privilege. Thank you Mr. Speaker we were delighted that you recognized the sources [xx] who are visiting us today from all over the state of North Carolina we're just delighted to have them we just want to rise and thank them for their outstanding service in our communities and all that they do to make a difference in of communities in which they come from with scholarship and they're being involved in other social activities that make a difference they are the oldest black sorierety women Greek sorierety and we would just like to have them as a few the members here today they would like to welcome their man if you would give them just a few minutes Mr. Speaker to have a [xx] tembers who would like to take them. We're just delighted to have Jam here today. Thank you ladies. And in the back Mr. Speaker we have a formal representative this is a representative Francis who will talk today a member of [xx] cup [xx] to have in the floor with us thank you Mr. Speaker Mr speaker Representative [xx] we're glad you are with as today please stay as long as you like we are glad to have you. For what purpose does the lady from Franklin representative Richardson rise? Thank you Mr. Speaker I too would like to stand, [xx] point of personal [xx] Thank I appreciate that. I would also like to stand and welcome the ladies from Africa for [xx] to our house and I'm very proud that we have just gone a chapter in Franklin county and we're so proud and we're looking forward to working with them and we thank them for their service and we thank them for their sisterhood in the land of Greeks, thank you. For what purpose does the lady from Winston representative [xx] rise? Point of personal privilege. Lady is recognized to speak to a point of personal privilege. Thank you Mr. Speaker although I am a delta member of [xx] Sovereignty[sp?] I did want to aknowledge the AKA is here today from around the state of North Carolina and said that I appreciate that history they were indeed the first African American sovereignty in the country 1908 so they were prior to Delta and I want to mention that out of the Alpha Kappa Alpha Sorority grew my sorority Delta Sigma Theta Sorority, and many people do not recognise the history but I do and appreciate and celebrate it and I'm so honored and pleased that they're here today to join us. And I want to thank them for all that they do in their communities around the State and how text many dollars they say because of their volunteer-ism in education, health and human services, and many other areas. Thank you Mr. Speaker. For what purpose does as the lady from Code representative Michael after us. For a point of personal privilege. The lady has the floor for a point of personal privilege. Mr. Speaker members of the body, last week when we had the monkey amendment that my seat-mate introduced, I incidentally voted no. And I want to make it up to her, because she's not let me forget it, by presenting her with own little monkey. For what purpose does the lady from Wake, Representative Holley rise? For a point of personal favorite. Lady is recognized to speak to a point of personal privilege. I too wanted to say some wonderful thing about the wonderful ladies of Alpha Kappa Alpha Sorority, and we;re
just and to thank them for being here today, and for doing all the things that they do for the community. I think it's an outstanding organisation and I just want to commend the ladies that they came here today, thank you. For what purpose does the gentleman from Lenovo represent a Graham arise? Personal privilege. Gentleman has recognized to speak to a point of personal privilege. Mr. Speaker, and fellow legislators I would like to mention to you that on yesterday, I and my classmate Nathan Roosevelt received one of the highest honors bestowed that can be bestowed in their volunteerism. He was presented a certificate and recognized by the Governor yesterday. Let's give him a round of applause. Nathan For what purpose does the lady from Wake, Representative Gill rise? For a point of personal privilege. The lady has recognized to speak to a point of personal privilege. Thank you Mr. Speaker, and I too want to commend the ladies of Eiffel, Capa Eiffel for all that they do. I think that we all who are sororities sisters know how important it is for us to give service to our fellow men. And on behalf of those [xx] other sororities we want to thank you and welcome you to the house. Thank you chair directs the staff as allowed on the floor today given the bills that we're doing. For what purpose does the gentleman from Rutherford, Representative Hager rise? For announcement. Gentleman is recognized for an announcement. Thank you Mr. Speaker. I will announce the 2:45 to 3:00 o'clock in 1228. Members that you can tell from announcement that how we are going to go into recess here in a few moments, but we are going to come back at 3 so it's going to be a very short recess. But for what purpose does the lady from Mecklenburg, Representative Cunningham rise? For a moment of personal privilege. Lady is recognized to speak to a point of personal privilege. Thank you Mr. Speaker. Colleagues in the house, as many of you probably are not thinking about it, but this week is Nurses week so, yes it is. This week is also Nurse's week and I want to make sure that when we leave here, we don't forget those hands that take care of us those smiley faces that great us and those that turn and do for us what we can't do for ourselves. So, I commend that to you thank you. For what purpose does the gentleman from Translyvania, Representative Whitmall rise? Mr Speaker, while we have a full gallery to offer a representative statement of personal privilege please. Would the members expand just a few moments on that will allow that momentary. Yes. For what purpose does the gentleman from Cumberland representative Glazier rise? Enquiry of the chair gentleman may state his enquiry. Thank you Mr. Speaker if in the end we are going at some point perhaps be on coccusing before we come I'm just wonder if just be clear what bills will we are going to considering when we do come back, understanding one maybe still open for debate. Appears we will think house bill 760, there is amendment being drafted right now and I know that there's going to be a cocus to discuss that. The other bill that we has is Senare Bill 105 I'm unaware of any controversy on that bill looks like from the number of amendments the chair has in possession there's a lot of folks who have a strong opinion about the other bill so it may take a little while Thank you Mr. Speaker For what purpose does the other gentleman from Cumberland, Representative Thurmond[sp?] very good. House business[sp?] just a moment The gentleman from Pennsylvania, Representative Whitmire is recognized to speak to a point of personal privilege. Thank you Mr. Speaker, before we get hot and heavy into our Agenda today I want to bring attention to a great North Carolinian that recently passed away if you want to reference how 864 that's what I'm talking to. In memory of Dorothy. Huva who has in an effort to fulfill the shortage of pilot in world war 2 she was one of the select few who was in the women FO service program And the
resolution goes to great detail that I will hit a few highlights. We had 24, 000 women applied, 1, 075 successfully completed the program. Mrs River, she was one of them, and they served in many ways they were often times instructor pilots, test pilots, took target and whole of other things that were necessary for the war which was in our hands on deck effort when a nation was in a very pecurious time no what to, anyway after the war she returned to Western North Carolina she was very accomplished in many other ways, she check her career as a court reporter but she was also a well published author on many different topics, she also was a founding member of all saints Anglican church in Melsriver and with that she was later featured in the national geographic item that gave tribute to the women airforce service pilots and with that I ask That at the end of the session when it's read in it's entirely that be before than in the house journal thank you. For what purpose does the gentleman from Wake Representative Dollar rise? For a point of personal privilege. The gentleman is recognized to speak to a point of personal privilege. Members we haven't heard the whole group together I guess since last Thursday and a monumentus event occurred between then and now that I want alert you to my seatmate is officially now no longer 39, she is 40 now, and so would you please give a warm, somewhat belated, birthday welcome, greeting to Representative Linda Johnson. For what purpose does the gentleman from Honette Representative Luis rise? The gentleman has the floor speak to a point of personal privilege. Thank you Mr. Speaker and members, all of us in our lives have people who leave their imprint and serve as an inspiration and a guiding line if you will, I'm very pleased today to announce that one such individual in my life and the lives of thousands, literally thousands of other Campbell alone, have been positively influenced Dr. Jerry Wallace. Dr. Wallace is retiring as president of Campbell University after serving for 45 years in Louis Creek. The degree of service, the change that Dr. Wallace has undertaken and brought about in little bluish Creek is truly amazing. Those of you who've not been there recently, and seen Campbell's commitment to rule Health Care with the start of a medical school, with the start of program in physical therapy, nursing public health and a PA program. When you go to Cambridge university you realize that truly years as an author so many tears wrote its truly is a big miracle and little bluish Greek in large part because Doctor J Wallace became his fourth president ad has steered the ship through some pretty rough waters but I can say and I didn't plan very well today I would have worn my orange tie but I can say that the're very view people who will ever leave the kind of legacy that Dr. Wallace has left and on behave of the thousand and thousands of alumni from Campbell University, and Dr. Wallace likes to say that the sun never sets because we do have [xx] all over the world the sun's never really sets on the alumni from Campbell University but I'm deeply Campbell proud
to welcome my friend, my mentor and great North Carolinian Dr. Jerry Wallace to the house today. Thank you Mr. Speaker. Members, the Chair would ask the House to join the Chair, and on behalf of the gentlemen from Hornet and the all other members we've extended the courtesies before to Dr. Jerry Wallace who is the president of Campbell University and the following individuals who are in the gallery, Ben Thompson who is the chairman of the board of trustees, Bob White men who is a member trustee Bobby Whiteman, Blaise Davis who is the Vice President Camp University. Hope Williams who is the president North Carolina independent college as in university. And she really is who is with the Camp university media I would ask Dr. Walles and the other families to please rise so we can welcome you today with us thank you. Members we are about to go in a reses its about 10 of 3 I think we will probably plan on reconvenience 3 of 5 and that may be sufficient to to address that and so house is busy just a moment may I have your attention please, Justus please return to the chamber as the house prepares to come in session from resses thank you. The house will come back to order Calender House bill 760 the Clerk will read. Representatives Smith, [xx] [xx] house bill 760 leave to the citizens of North Carolina by providing the various administrative reforms, by eliminating certain unnecessary outdated statute and regulations and modernizing or simplifying accomplishment or outdated regulations and by making various other statutory changes, the General Assembly of North Carolina enacts. Members, before I call on the bill sponsor to explain the bill, I did want to make a point of recognized and school group please join us. We have a group from Green County Intermediate School here with us today, would you all please stand so that we can welcome you? Thank you for being with us today For what purpose does the gentleman for [xx], Representative Radel rise? Speak on the bill Mr. Speaker The gentleman has the floor to debate the bill Thank you Mr. Speaker, colleagues, what you have before you, House Bill 760 is a Regulatory Reform Act for 2014. There are three essential parts to this what I and the bill sponsors would like to do is go through each of the sections within the three different parts and after we've gone through the bill completely, we'd be happy to entertain questions and I understand might maybe one or two amendments that might be offered you join me Mr. Speaker For what purpose does the gentleman from Durham Representative Luke rise. Point of order Mr. Speaker The gentleman may state his point of order. Speaker this bill as amended has a financial impact and such under rule 38B I see that it should be going to the committee on finance and would like to draw that to your attention the gentleman's point is taken, the chair deny's the gentleman's point of order and rules that the bill is properly before the house, the gentleman from Almass has the floor to continue debating the bill. Thank you Mr. Speaker so colleagues what I would like to do is go though part one business regulation and part two which is state and local government regulation and then I will hand off to my colleague Chris Millers to go through part three which is environmental regulation so if you want to follow along on the bill I'm going to start with part one business regulation section 1.1 manufactured home licence criminal history check. This legislation was originally adopted about 12 years what it required was a background check prior to issuing licences for individuals involved in the sales or the set up of manufactured homes and that was again the reserve for people who were coming in contact with the public but we are told recently in a legal advisory that the original Bill actually extends to manufactures and dealers. So what this portion will do is simply go back to the
original intent of the Bill which was to require background checks for original licenses only for those people involved in the manufactured home business. Those people who come in direct contact with the public and again that would be two categories, people involved in sales and people involved in the setup. So that's the basic sense of Section 1.1. Section 1.2, portion that was worked out in coordination with relevant people in Environmental Health. Experts, they're quite agreeable with language. What it does is put Food Push Carts on the same level with the Mobile Food Units when it comes to handling and delivery of food service, and also there's a provision to allow them to operate within a 3, 000 seat stadium or venue to use a [xx] or restaurant on site to allow them to extend their menu, currently the push carts are limited to basically hot dogs and that kind of thing. By giving them a basis of operations within the stadium, they'll be allowed to expand their menu to include hamburgers, cheese burgers, [xx], sandwiches and other sandwiches so again this is something that has been okayed[sp?] with DHHS there god with it so were presenting that as section 1.2 section 1.3 will amend the definition of employee under the worker compensation act to exclude people who are volunteers and officers of certain nonprofit operations and associations a North Carolina center for nonprofit has been partnering with us to get the language right on this particular portion and what were trying to is prevent unnecessary cost to our valuable non profits in the state currently if you have three or more employees you are required to carry workman compensation and with most of the non profits they do indeed have three or more employees. Employees being aybody who is contributing to the benefit of the organization, what this particular portion will do is identify people who are serving as volunteers, non paid volunteers working with the non profits so that they do not have to be included in the count for workman's camp]sp?] and therefore over leave our nonprofits and unnecessary cost to them and providing the good services that they do. So section 1.4 occupational licensing boarding investigators and inspectors, there is currently a anti competitive practices being utilised by some contracting boards in the sense that, they will utilize license contractors to investigate claims against people whom they are in direct competition with. So that creates quite a bit of a conflict of interest so what this portion will do is simply say contracting board you can use licensees to do the investigation, they simply just can not be practicing in the business of the competition that they're are investigating, so it's going to remove what we hope will be a series of conflict of interest. Now I'm going to part two which is state and local government regulation Section 2.1 deals with zoning density credits. And what this amendment will do is take the language from cities and localities that get right of ways through the thorough plan and zoning plan. Current laws says they may offer density credit, so intensity credits or some separable development credits and the law will be changed to say, they shall offer these density credits and what's the purpose of this is to do, is to protect the land owners, the people who had property along right of ways that are part of a thorough plan but whose property use is now minimized or lost due to the basically the eminent domain of the city locality so what this requires is that maybe some compensation, some just compensation for the staking of property to the property owners. Section 2.2 no fiscal, no requirement for less stringent rules, currently we've a rule in due process that's taking place and what we would like to do is adapt this language that would say if in the rules of due process you're going to adapt a less stringent rule then we will not require the fiscal note, that's currently part of the rules that you process or review. So again if you're changing the rules to a lower standard the requirement for a physical note will not be anymore required. Section 2.3, the administrative procedure oversite committee it's going to basically engage under a study, they're going to take some information provided our PED program evaluation division, that jills us various occupationa; boards, and they're going to come back with a report to the legislature before the summer session next year. So this portion is basically just a study portion trying to see what we can differently and better with some of the occupational licensing boards that are out there. Section 2.4 communications tower
reforms, apparently local governments are virtually unable to locate communication towers on public property because they are subject to a 10-year minimum, for a lease, if the lease was extended for 10 years it has to be treated as a sale. So in order to expedite and help our localities municipalities be bale to locate some communication towers on the public property as part of an enterprise project, what we're going to do is insert poor communication towers and facilities and support structure, the same kind of language that was put for renewable energy facilities several years ago, where the lease term was changed from 10 years to 25 years. so what we're going to do for communication towers, for public property siting by local municipalities, we're going to allow them to operate under the same 25 year lease car val that was done for renewable energy facilities that has seemed to work very well, it provides a little bit more flexibility to our municipalities and also gives them an additional source of revenue and does what we've been trying to do for several years with several initiatives here, and that is improve the connectivity of our local cities and local counties. So moving on, section 2.5 government non-profit contracting task force. This provision will establish a non-profit contracting task force and the aim was develop with our friends at North Carolina for the center for non-profits and the purpose of this is to focus on the non-profits perspective of dealing with grants and state moneys and trying to streamline the process remove things that would be red tape burdens things that we can do to make the other process more efficient so were not draining the non profits of their resources whether it's time or money so this puts in place a two year task force will be commissioned with the full breath of the Laws of The State, the whole Body of Laws And Regulations regarding the dealing, delivery, recipient, and receiving State Grants to be able to come back to us with recommendations in January of 2017. Section 2.6 underground damage prevention board changes. This language dealing with the underground damage prevention board makes a couple of changes to that board as it's currently constructed. For one, it removes the notification center from membership on the board. The reason for doing this is, the notifications center is basically a private organisation funded by utility companies. You may have seen the sign, call before you dig, dial 811, this's the notification center. They are supported by the utilities companies to provide notification and marking of underground utilities before somebody goes and starts breaking ground and digging, protects the underground infrastructure that's there. The Neurification board, they're not part of the public domain sir, rather than have them as a voice in this enforcement agency which is what the underground damage prevention board is. We're taking him off, putting on specific terms the members of the board appointed by the governor and the maximum fine that is allowed as $2500. That stays in place but instead of having a three step, tiered cross of measuring damages and parading out the fine, we're leaving it to the board's summon to say that you can't go any higher than the previous maximum of $2500 but you do have a lot more leeway to fix the fine in something more commensurate to what the damage that was done so that section 2.6, section 2.7 has to deal with inspection of components or elements of building certified by licensed architects or engineers, and what this provision will do is allow local and inspection department to accept structural designs backed by a professional engineer, CEO, or letter. So the inspections department is really relieved off the inspections and any liability that derives from accepting the plans from a licensed professional engineer. So again it's two components here, the local inspections department is not required to make the inspections that will be done by the license engineer with his seal attesting to the soundness of the structure, but also more importantly I think is, it excludes the county inspection or inspections or city inspections from being held liable or accountable for that portion of the structure. And then the final section I'll be talking about, is section 2.8, which has to do with clarifying the authority of counties and cities to expand the definition bedroom. Could have meant some of our vacation destinations there are some quite a bit of inconsistency with what is a bedroom by definition local communities can establish how many bedrooms to allow in a structure, but there's a quite a variation of what constitutes a bedroom or sleeping unit what this will do is require that whatever definition they are using in one part of the statute will have to be consistent throughout the entire code and statutes, you can't have one definition of bedroom
here and another definition of bedroom over there, whatever you define locally within state statute as a constitute in a bedroom, or a sleeping unit must be consistent throughout the statutes that you apply, so let's get some consistency to the builders and realtors and people on that business so we're not quite getting government out of their bedroom but we are making sure as government that you do get a bedroom. And with that I'm going to yield to Representative Millers. Representative Hager are you seeking recognition to debate the bill or to offer your amendment. Offer amendment. I will recognize you later for that purpose, but we are going to recognize as the sponsors and their amendments first but we'll come back to you. Representative Millis is recognized to explain the bill. Thank you Mr. Speaker, just to continue very briefly where Representative Riddell left off, we're in part three here, we're looking at this regulatory reform managers in regard to environmental regulations. The first provisions you see here in section 3.1 is actually, last session we due to federal changes and the fact that there is no longer a case of federally isolated wetlands we stepped a blast session and actually codified an statute, the isolated wet lands that the state would protect. This is further reform to clarify what the legislature it was last session, is my understanding that is being actually being exercised by the department not in line with what we actually established by protecting the actual isolated wet lands that is extended in this language as well as to make sure that we are not coupling the federal mitigation thresholds with a state mitigation threshold so this is more clarifying aspects within the bill the next section 3.2 has to deal with some amendments the storeorder management aspect and what we want to do is to actually bring your attention listen to a few technical matters here. Everything we're here is protecting aspects of the state preview of water quality, what is basically making sure that some unnecessary interpretation by the department is not continued allow to occur for example, the Vegetated Buffers Provision actually doesn't allow any type of development in a buffer even though you're capturing and treating the storm water it was the intent to actually have the buffer to apply to the discharge of the BMP, and that's actually what we're courtifying in law. Also we're actually stating here that there are local governments that request to be delegated reviewers for the State preview of water quality protection. This language here is tailored very, very closely and very tightly to only local who request to be a state delegated reviewer that they actually have to review those storm water quality measures in line with equaling the states of storm water thresholds. This has nothing to do with storm water quantity, it has nothing to do with pre-posed aspects, it has nothing to do with any other MPDS phase 2 aspects for your cities and municipalities. This only has to do with when they ask the state to be a delegated reviewer that they have to actually implement and review according to the State standard, and they can't add things that are environmentally unnecessary to those aspects so all the charges that you're hearing about, flood control, absolutely faults has nothing to do with this language, all the aspects you're hearing about meeting federal thresholds for MPDS phase Two, absolutely false has nothing to do with this tightly clarified language, so if you look the government has requested to be delegated reviewer, this is just saying you have to, if you're asking to cook for the states recipe you have to stick to the states recipe that's all this language is doing so hopefully, that clarifies a lot of misconception that I've seen floating around since the bill was filed. The next piece is repairing and buffer reform and I want everyone to listen very closely. This is something else that has grossly been mis-categorized openly in the public for some time and back in 1997 our state made a move to actually protect our [xx] areas by establishing a repairing buffer which is practically a setback from the repairing area where you actually has an opportunity for the actual [xx] by way of nitrification to such to actually settle out. The science said that we needed a 30-35 foot buffer. The state a took 50 foot buffer as a factor of safety. Within the current law whenever this buffer rules were established, it was established that local government may adopt ordinances that equal the state's buffer requirements and may get authority to enforce
ordinances for repairing and buffers equal to the state's aspects. What has gone on by sometime, is you have in local government that are enacting repairing buffer ordinances that number one having gotten the authority to do so by the EMC and number two that aren't equaling the state's buffer requirements. There are some localities that are exceeding the state's buffer requirements which is excitingly unlawful. On your desk are two pieces of paper from me, first piece of paper is what the law currently says regarding riparian buffers. The second piece is a piece of litigation where it has been litigated that a town has acted outside the powers established by the state. What we're doing here, we are not rolling back or reducing or weakening any aspects of riparian buffers at all. What we're saying is the stage riparian buffers 50 feet if a local government needs to go wider, listen very closely, this is authority that does not only exist if based on local condition and based on science. If a Local Government needs to go wider on the riparian buffer, we're giving them the authority to do so as partition to the EMC based on science that they need to do so. This is, should be praised by the environmental community as not actually having a one size feet tall for repairing areas but actually allowing them to extend the ability to have wider buffers to meet certain storm water should start repairing buffer thresh holds. This language does not affect any the MPDES face to federal requirement, this language should not affect any water shade buffer aspect, it's highly tailored to repairing aspects alone. To continue to make sure this is an existing law in these aspects that have changed this in this regulatory reformed bill is further backed up what I'm telling you is absolutely true. I'm going to offer an amendment to re-clarify that again we're going to beat a dead horse here by way of this amendment to show once again that this is only pertains to repairing buffers and we're actually giving the locals the ability to go wider in authority they do not currently have, so by the time this language is understood as by the well as a town that offer this amendment as this amendment is passed they should be a praise ball aspect of upholding the water quality but actually getting back to some aspects of private property rights. While I mentioned that aspect the reason why this is been done because the're some local governments they're not only going wider than what they have in there current authority to do, but they're actually saying that repairing buffer can be calculated as a part of lott area, it can't be apart as open space calculations, it can't be a part as street mitigation aspects, so you have local governments that are taking up 100 foot, 150 foot of ones property, and then not allowing it to be included in any aspects of leading other local aspects, which is truly an agreed dis-action. So we're basically trying to get it back to what the state's intent was back when these Repairing Buffer rules were passed in 1997 and 2000 and so on. I'm happy to answer any questions that you all have about that but this this amendment will make it even stronger than I'll offer a little bit later. Moving on. The next section is 3.4, how to deal with wildlife search and seizure it's my understanding Representative Hager is going to add a clarifying amendment addressing some last concerns about this. What this has to do is we're trying to basically a respectively put a fence around wildlife powers where they are allowed to actually search and sees property from individuals without those individuals being present, so if you are in the act of harning in the woods right now if that authority is exercise the law officer can actually search your vehicle, your equipment and seize that property with you actually not being present, and we really believe that this needs to be altered and changed, but we also to make sure that wildlife can be able to actually enforce all the laws not the statutes that we have put before them, so that clarifying amendment from representative Hager, will actually take care of that concern The next aspect is that we are making two repeals, repeal the log book requirements as well as repeal the ability to enter into a joint and force agreement when it comes to fisheries. Regardless of where you are on the policy measures, it's our belief that these two measures being handled are a in previous sessions by way of the budget, was harmful, we're just basically wiping the slate clean, taking a step back and desiring for these measures to be debated by way of separate legislation. I'm going to let Representative John Bell
after I'm finished here talk about section 3.6, 3.7, this is more as a study provision but the attendance here we have some local governments by way of flood aspects that are set in building heights in a manner that if we would have a little more uniformity in how building heights are set, we can actually have some insurance savings on actually flood insurance so this is actually hoping to gracefully get our local governments in line in a manner to save our constituent's money on flood insurance here is a part three bill dealing with utility regulations. This is a very important provision that we have debated in the Reg Reform Committee some debate on the house floor. We're actually moving to a responsibly curb the trajectory of rising energy costs on the back of our constituents by way of the rate that they are ping their energy bills. So this actually moves us in a very positive direction to actually reform our utility regulations to the benefit of each and every one of our constituency that is actually bearing this cost of high power, moving forward in the future as well as to protect our military facilities for a lot of the encroachment when it comes to wind energy and moving forward, which is a tremendous deterence for us being in a Military Friendly State. Ladies and gentlemen if it's alright with the speaker if you would recognize Representative Bell to cover the last section that I did not Is ok [xx] you're recognized to explain the bill Thank you Mr. Speaker, Miss [xx] before I covered the last part of the bill, I have an amendment that would actually change that so I recommend that, I'd like to send forth the amendment first and then the, Representative Bell has recognized [xx] amendment the the clerk will read, if he can tell which one it is 876-AS 37 version one, [xx] moves to amend the bill on page 22 lines 13 through 18 by re writing those lines to read you're recognized to explain the amendment. Thank you Mr. Speaker, members we had a lot of discussion on this when we were in committee what the stakeholders and theatre actually the members of the 4 councils and other [xx] and we love our environmental folks and what this amendment does as a result of what the coke industry environmental groups it is my understanding that all groups council with the clarification made forth in this amendment. Under this amendment swine farms that have no animals since 2005 will not be able to repopulate without meeting the same environmental performance standard required for a new firm. Also moving forward a firm a firm may not repopulate after 10 years, or if they do they had to meet their performance standards of the new qualification of a new firm. And this amendment makes clear that the firm must have a valid permit for dina[sp?] to repopulate after being empty for less than 10 years. And finally it prohibits a farm from repopulating after being empty for 10 years, if the farmers lagoon is in the 100 year full plain. Once again all folks are agreement on this and I ask for your support. Is there further discussion or debate on the bill amendment? If not, Representative Glazier. To see if Representative Elmer yield for a question please. Do you yield? Yes sir. He yields. Thank you Mr. Speaker, thank you Representative and I appreciate it and I think this is a very good amendment, but I'm just trying to get a definition that I was asking about. On lines seven I think it is of the amendment, says at the time one of the conditions is that the time the system ceased operation the system was in-compliance, could you explain to me at least as it related back to that time frame or the time frame that it ceased operation. What does that mean that was in-compliance and I guess my question would be for example if it had an outstanding charge pending that was'nt resolved or an outstanding complaint that wasn't resolved that was sitting there when it ceased operation, with the in-compliance or not in-compliance. Representative Gletcher[sp?] as far as I understand and representative Dickson may just jump may be able to help me on this because I'm not a farmer, but as far as I know all these standards were in-compliance, these forms were in-compliance and they were left vacant for that period of time, they still had to go through the proper [xx] process, they still had to be in compliance even though they were vacant. The issue comes in now what this amendment, is going what in doing is making sure that after the whole utility about this is they have to re go to the new standards which they now comply with they wouldn't be too expensive and actually.
May I redirect my question please Mr. Speaker to representative Dickson. Representative Dickson do you yield? He yields, yes sir Thank you representative and again I think the amendments are great. I'm just trying to really understand what that means if there's a controversy later about that. Representative Leispius[sp?] I understand it if the. Thank you. Representative Glazier what do I say my profuse apologies, to both representative Glacier and representative Gillespie. If there was a pending violation that would have dimmed the facility out of compliance, then it would not be considered being in compliance. Thank you very much I appreciate that, thank you. Further discussion or debate on the bill amendment? If not the question before the house is the adoption of the [xx] amendment, those in favor will vote aye, those opposed will vote no the clerk will open the vote. Representative [xx] the clerk will lock the machine and record the vote, the ayes are 107 the no's are 0 the motion is passed for [xx] bill. Representative Millers is recognized to send forth the amendment, and the first one is, if the clerk will read the number. 8760-ASB-40 version one, Representative Millers moves to amend the bill on page 16 lines 4 through 5 by inserting those lines to read[sp?] Thank you, Mr. Speaker. This is the amendment here that again re-clarifies what is already existing law, re-clarifies what is the legislative intent with the existing language that you have in this regular form bill that nothing in regard to repairing buffers will impact any of the city's and local government's abilities to meet MPDS Phase 2 requirements, and will not impact anything about watershed aspects. It actually has to do with, you guys I'm sure have seen language rolling around to the Total Maximum Daily Load, TMDL Aspects. I ask that you support this amendment. This again, is just making sure that we're laser focusing on repairing buffers, and the existing authority that locals have, and also giving them the ability to go greater on buffer widths if the local conditions and science proves that that is needed out of respect of water quality I ask for your support of this amendment. Representative Harrison is recognized to debate the amendment? Thank you Mr. Speaker. Excuse me if I can ask a question that needs a response please. Does he yell? Yes Sir. He yells. Thank you, Representative Miller, when we had this vilain committee, the league of municipalities was concerned about the impact on local government and I'm just wondering if they have seen this Lancaster and if they are okay with it to resolve their issues on with us? Representative Harrison, I've heard the concerns of many as I have [xx] to those concerns. I have offered this amendment to re-clarify with the existing law as well as reclafiy what the intend is language so again in matter of beating a a dead horse I would think that all parties all stakeholders to be supportive of this language, albeit I can't speak specifically for the league, albeit I would not see why this would be an issue whatsoever because again it continues to hold any aspect of federal requirement and leadership protection requirement harmless. Thank you. Further discussion on this membership amendment? If not the question before the house is [xx] amendment, 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 votes. The aye's are 108, the no's are one this millers amendment is adopted. Representative Millers is recognized for a second amendment, the clerk will read. Representative Millers moves to amend the bill on page 25 by inserting the following between lines 18 and 19. Thank you Mr Speaker, this before you here, I'll give you time to actually scroll go through it if you've not already scrolled through it, this it's been on your dashboard for sometime.
What this amendment look to do this is only actually looking at aspects of a comprehensive overview of an on-site waste water system approvals. This is the language here in the past it did not make it into the PCS or an amendment in the regular form committee, but again what we're looking at is the aspects of innovative designs when it comes to on-site waste water technologies, is actually having a streamlined process to actually get these innovative designs permitted. There's nothing that whatsoever that weakens any aspects of water quality protection, we're just trying to basically have a more of a streamlined process so we can actually get these technologies on the ground for a cost effectiveness for our constituents, as well as the protection of the environment. I ask for your support in the amendment. Further discussion or debate on this Millis Amendment? If not, the question before the House is the adoption of this Millis Amendment. 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 the aye is 108, the no is one, the amendment is passed. On behave of the sponsors Representative Hager and Jeter have offered an amendment as well, I think it's at the bottom of your list. The Clerk will read. Representative Hager and Jeter need to amend amendment number one on page two, lines 15 through of the amendment by deleting those lines Representative Jeter is recognized to explain the amendment. Thank you Mr Speaker this amendment does a couple of things line one it actually part of the Hager and Jeter amendment the 80% property tax abatement issue, the property tax abatement issue will now stay as it's currently in law should this amendment be engrossed into the bill. It then goes on into a couple of other sections that get technical in language but that gets into and avoiding cost capacity issue and the qualifying facility issues right now qualified facility issues for swine, poultry and solar are at five megawatts. What this amendment will do is future ones after the effective date I believe of January 1st, 2017 will now go to 100 kilowatts, which is a federal standard for solar only. Swine and poultry will still get qualifying facility contracts at five megawatts. As far as the avoiding cost issue all of those going forward after January 1st, 2017 for swan poultry and solar will go away that provision will be eliminated from the statute. That is in essence of what this bill does this amendment does those are three major portions. Happy to answer any questions. Representative Wadell is recognized to debate the amendment. Mr speaker I just want to ask the bill sponsor Dazio [xx] Thank you representative Jaden just wanted to ask you a question about I think it's online 23, line 23, what is a standard contract? I'm going to yield that to my friend form Ralph county to answer that question. I'm sorry Mr. Speaker the yields, for the question. Mr. Speaker I like to hear the question one more time that's OK. Yes. Question is on line 23, I think this is referred to a couple of times, what is the standard contract representative Wardell it's somehow complicated but if you go to tittle 18 of the federal register which is basically what governs what qualifying facilities. Qualifying facility is almost every way to generate electricity except for using coal, nuclear, or natural gas, but in the other way biomass Want to ask solar all those things. It dictates in there if the renewable facility of that type locates in your state you've to offer a standard contract to be able to buy the power from that facility and right now it says that you've to offer a standard contract that lays out the parameters of what the standard contrast looks like in title 18, it says anything 100 kilowatts and below you've to offer that standard contract too, anything above
100 kilowatts is a negotiated contract. So, it's just a standard contract laid out into federal register of Title 18. Thank you Representative Hager, follow up. Does the gentleman from Ratherfield yield to an additional question from the gentleman in Columbus? I do. He yields. When you're talking about standard contract maybe this is battered around some, would that allow the utility commission for example if they had a contract maybe with a swan or poultry farm to produce electricity to change the rate maybe every two years or as you if you may or [xx] bills 1 in pulcher[sp?] are exempt from this issue, they're still at the 5 megawatt level. So we wouldn't allow anything below 5 megawatt to be, had to get re-negotiated, it's a that it benefits solar as a renewable but the trade off may be a detriment to the other types of questions please. Does the gentleman from Mucklenburg and we have the gentleman from Cambridge? Sure. He yields. Thank you Mr. Speaker, thank you representative, try to figure as far as it goes this is not my area so I really have a couple of questions and recognising as well as a my question is that there's always trade off so I understand that aspect. But am I right that the North Carolina utilities commission just ruled a couple of months ago that standard contract should remain at five and not moved would that not be right I honestly don't know the answer to that question I don't really answer the question im not trying to ne vague I just don't know Second question Mr. Speaker Does the Gentleman yields to the answer second question Absolutely Thank you Mr. Speaker thank you. Could you explain the avoidance section in just a little bit more detail of the amendments the avoidance of cross section and I guess in that section my question becomes would I be correct in saying that it benefits solar as a renewable but the trade off may be a detriment to the other types of renewable and would that be an accurate summation and if not why? As you are now getting into some of the more technical language I would ask to yield to my good friend from North-burg, Representative Hager with the speakers permission. Does the, the chair will permit that. Does the gentleman from Raiford does he willing to yield to the question from the gentleman from Cumberland and if the gentleman from Cumberland would like to address the questions. Certainly will redirect Mr. Speaker. And he yields? I do but I was enjoying watching Representative Jesus squirm a little bit yields. That wasn't the purpose of my question, but representative my question was sort of just take the second one first. Could you explain the last section, the avoidance provision of the cost, what that exactly means to sort of a ray person and secondly would the accurate summation being in one way which shape or form, and if not if you could tell me why that what's happened in there is that solar is benefited but other renewables, the trade office there's a detriment to their capacity, will that not be accurate? Thank you representative Glazier for the question. The ford calls, capacity calls this has to do basically with the incumbent utility if they need the added cost or not. If they need the added energy, which means that if they need 10, 000 megawatts for a day of operation and they have 12, 000 megawatts, they will generate that point, they'll pull their units down they only generate 10, 000, but incur a lot they still have to buy the extra power from the solar a company, whether it's economical or not. The avoided cost it's into what's the next generation would generate, would you have to purchase to avoid that? So it really doesn't benefit any particular solar, biomass, or wind, it's pretty much all the same across the board, but it has to do with, do you need the capacity? Do you need the energy? If you do buy it, if you don't, don't buy it, from whoever. [xx] Yes sir. Thank you Mr. Speaker. So, whether it's in the avoidance section of cost section, or any other part of the amendment, can you state on the record whether this amendment in any way, creates a differential in how solar is treated, versus any of the other non renewable's? The only part of this bill that may create a differential not really to the betterment of solar but to the betterment of swine and waste and that leads the swine and poultry, or waste facilities at five megawatts per standard contract. Now while that helps swine and waste is allows them to did a foot hole that allows him to do the same thing we've done with solar in having them
have a call out having them I have a special treatment to get a foot hole and allow the, sometime we get up the speed before we allow them, before we make them live with their own [xx] speed. Last question Mr. Speaker [xx] gentlemen you are through with additional question, he yields Thank you, Mr. Speaker, thank you, Representative. So I go back to my first question to Representative Jeter and that is, when I right in saying the Utilities Commission rule on the standard contract a few months ago, was to keep it at five and not change it and that this changes the Utility Commission determination, would that not be correct? You would be right in those effect in the absence of the Utility Commission looks at, energy and the energy market and the energy economy how it works today, what we're trying to do is accomplish long term energy plan, so pull everything back to the federal standard, put a team together Representative [xx] and I will talk about this, put a team their chairman, where we want to be and not 5 year, not 10 years but 20, or 30, or 40 years. Here defoe[sp?] what we've done is look at what I consider a patchwork quilt, we'll look at renewables over here, we'll look at what we're going to do is Nuclear over here, we'll look at what we're going to do with Hydraulic Fracturing over here, what we want to do is put it all together bring everything back to the normal standard, put everything together determine if we want to move forward or not, and recap that Utility Commission looks at today, they look at what's happening in the economy we want to be the ones look at what's happening in the economy, and driving the energy market in the decades not just today Thank you Mr. Speaker thank you Representative For what purpose does the gentlemen from [xx], Representative [xx] rise? See if Representative [xx] have a question Thank you Representative does the gentleman from [xx] yields to the gentlemen from [xx] I do. He yields. Representative Hager is following up on the exchange you have with [xx] my question is looking at that avoided cost their on page two of your amendment lines one through five my question is who are the winners and who are the losers in this amendment? To be on record I dint ask Rep. Luke he'd ask me that question, but I appreciate the question. The winners in this issue are the consumers in North Carolina, they will will not have to by energy unless they need it they will not have to pay a higher cost for energy unless they need it therefore during the day all our power bills will be lowered because it will be only the state buildings that now are put under the same issues that we pay taxes for the energy before it would only be the manufactures that use the energy like they are the centers or heavy manufactures that pay more for electricity and the distribution and as the bill sue our products now through the cycle and it wont be my consumer in Spindale North Carolina that has a 1000MW bill house is an isolated that now has a $500 power bill and that person will benefit from it. Does the gentleman yield to additional questions, he yields Rep. Hager. I read the amendment it seems that the renewable energy forces in the state those in that area of enterprise renewable energy enterprise are losers in this in so far as the lack of utilities compared to existing statutes of utilities. Those that are no longer required to purchase from renewable energy companies and my question is, is that not accurate? no sir, that is not accurate. I think what folks need to do in this state is learn to compete, learn to work with each other to drive the best energy market we can in North Carolina. Can you imagine a time where we're in an island in the lowest energy [xx] in the south east. Where manufacturers want to come here to work to bring their companies and bring their dollars and bring their workers because we had the lowest energy cost in the South East of Nadia in the United States, that's what this is gets that. The [xx] calls peace is about consumer protection whether you're a consumer of electricity in Bradford county, or you're a consumer in Wake county, or you're a manufacturer insure in Mecklerberg county. That's what this is about. Speak on the amendment. The gentleman from Daryl has the floor to debate the amendment. Members of the house this amendment in fact takes us away from the use of renewable energy, the whole purpose of the legislation as passed several years ago was to accentuate the importance of renewable energy to reduce our impact, our emphasis in need on carbon producing energy and what this does essentially is move us away from renewable energy, which is extremely important both for our state and for our our society, so I think this is a problematic feature, it's written in a lot of technical
language, but the effect of it is to harm removal energy rescources very very important for our state and I urge you they defeat the amendment, thank you. For what purpose does the gentleman from Nash representative Collins rise? Here to debate the amendment. The gentleman has the debate the amendment. Folks, what the five lines that were just in question, in that last series of questions do is, free us from having to purchase electricity we don't need. That's what these five lines do. Right now the utility companies have to buy what the solar companies generate, regardless of whether there's a need for it or not. You may not realize it, but electricity use has actually gone down in this country and in the States since 2007. So amounts that we've allowed to be produced that the electricity companies have to buy rightfully based on figures that are higher than our current usage is. But still the thing is if you've read it, says that sometimes you has to buy power from these solar companies and sell it at a reduced, or negative prices. Now you know what negative prices are? Means you got to pay somebody to take it off your hands. That's what this amendment is striking at. They can't help but help our rate payers if this amendment passes. So I would please urge you to vote for this amendment. What purpose does the gentleman from Mecklenburg representative Jitra rise? To debate the amendment the second. The gentleman has the floor to debate the amendment the second time. I think it's important for everybody to understand that this amendment has been negotiated, discussed, and debated with the Solar Industry, Solar Companies and Stakeholders at Nauseam, we repeat that ad nauseam at least from my perspective. This is an agreement that was reached by all parties. Everybody gave a little so everybody can keep a lot. If the English priests says they are okay with this, we should all push screen. For what purpose does the gentleman from Cumberland Representative Glazier rise? Is to debate the amendment Mr. Speaker. The gentleman has the floor to debate the amendment. I'm going to sort of to do the proverbial hold my nose and vote for this amendment because I think it's solves immediate problem that has to be solved for A number of projects and for the solar industry and although I think this other pushes the bill they've other issues, but I think it's a shame that the trade off here that's been forced. I think that the litter is real damage that's been done by this amendment. Real long term damage to renewables in this day. I think that the argument that Representative Hager makes is a good short term argument, I think he's right in the short term. The problem is, that's our whole problem with energy is we've been so focused, so often on short-term, that the long-term answer and the long-term answer to investment and cost isn't doing this. It's I think far different, but because the trade-off being forced here involves solving a bigger immediate issue that could be worth potentially billions in this state over time, I'm going to vote for the amendment and encourage others to do so, and then try to fix other portions of what otherwise I think is not a good bill. For what purpose does the gentleman from Pender, Representative Millis rise? To speak the amendment briefly. The gentleman has the floor to debate the amendment. Ladies and gentlemen, I ask for your humble consideration to support this amendment unlike what was previously shared. This is in the best long-term interest of not only our citizens by way of the power rates they pay also in the tax bills that they actually pay as well as the state budget that we have to revive the roll of government for. In addition this does not have a [xx] impact on the aspects of the environment even if it does not continually to underwrite a renewable industry by way of mandate and subsidy, the only mandate and subsidy in the south east. Because ladies and gentlemen regardless if you like to admit it or not there is a shadow greed that's been built by the repairs of the state there has to be able to back up the intermetancy[sp?] of this religion of renewable energy this measure here is all about protecting our ratepayers from a trajectory of bad policy. I ask for you to step up for our citizens as well as for the environment in to support this amendment. Further discussion, further debate? If not, the question before the House is the Adoption of Amendment 5, sent forth by Representative Hager. Those in favor will say Aye,
those opposed will vote no the clerk will open the vote. The corporal will lock the machine and record the vote. 93 having voted in the affirmative, and 16 in the negative, the amendment is adopted. Now back on the bill for what purpose does the gentleman from Haywood, Representative Quin rise? Further discussion further the debate. What purpose does the lady from Gillford, Representative Harrison arise? To send forth an amendment. Please recognize to send forth an amendment to clerk will read. Representative Harrison move to amend amendment number 1, on page 1, lines 5-30 of the amendment by leaving those lines. Lady has the floor to debate the amendment. Thank you Mr speaker, ladies and gentlemen of the house. My amendment. The amendment that Representative Hager and Jude, were offered last week froze our renewable energy standard at 6%. Right now whe at first there was a requirement we have 12.5 years on renewable energy ad energy efficiency by 2020 and so the effect of our amendment is it freezes our renewable energy standard at 6% so my amendment removes that freeze and put us back on track to pursuing the 12.5% target for renewable energy and why this's important, I'm pretty sure you're all sick of talking about what renewable energy is meant to North Carolina but I will repeated about 25, 000 jobs billions and dollars of investment in every single one of our counties has been responsible for home grown jobs that don't get outsourced it's better with the pennies on the dollar with a very small supplement to your power bill to create an industry that has made as number two in this state country and so in the top five renewable energy industry growth it's very important to our economy on the time when we were on double digits a important figure green energy, clean energy jobs were growing in a triple rate its been very important to our economy and it will be short sighted to freeze our economy I first agreed the standard and I think we sent a wrong signal to Industry you may or may not be aware that in 2014 the state of Ohio I was undergoing a similar debate and the first a renewable energy standard and as a result of that it's been a disruptive to public and private investment and renewable energy it exceeded the growth of local ad renewable energy businesses it's obviously decreased in state renewable energy jobs been very disruptive for the industry and for investments in their state. We'll probably face a similar impact. I this just makes no sense to me for a [xx] interested in job creation to freeze our renewable energy standards, so I just urge you to vote for the amendment thank you. For what purpose does the gentleman from Mecklenburg, Representative Jeter rise? To debate the amendment. The gentleman has the floor to debate the amendment. We're in essence talking about part of the [xx] amendment. I would remind the body that this was an agreement all parts were negotiated in good faith with the industry and the stake holders. This is the decision where all parts of the agreement were agreed upon if the solar industry has agreed upon this then they obviously believe it's an acceptable decision and I would ask you oppose the amendment. For what purpose does the gentleman from [xx] represent Miller rise? To speak on the amendment. The gentleman has the floor to debate the amendment To be brief as of primary sponsor of this bill, I just ask you to vote red to not support this amendment, thank you. For what purpose does the gentleman from Cumberland, Representative Glaser rise? To debate the amendment, Mr. Speaker. The gentleman has the floor to debate the amendment. Thank you, Mr. Speaker. I recognize the point that Representative Jeter made but negotiation at the point of a barrel is not exactly a uncoerced negotiation and so in law we would call this unconscionable negotiation. And so, I'm going to understand that I'm going to vote with Representative Harrison on what ought to have been the major issue the negotiation but wasn't, thank you. For what purpose does the gentleman from Nash, Representative Collins rise? To debate of the amendment. The gentleman has the floor to debate the amendment. Folks, I vehemently disagree with some of the statements that have just been made. In just three years, 2010-2012 in North Carolina we gave out over $ 281 million in tax credits
to renewable energy primarily solar farms in North Carolina, and yet it creates so few jobs that we've had a new term enter into our vocabulary something called job years which I've never heard of until we started having these debates until I started hearing these debates a few years ago. There's no way in the world we could have spent $181 million on virtually anything else in North Carolina and not come up with formal jobs than we have in this particular fields I would ask that you please vote red on this amendment. For what purpose does the gentleman from Gaston represent a torrid rise? Ask the gentleman from Gilford question Mr. President. Does the lady from Gilford yield to the gentleman from Gaston? Representative Harrison does the lady yield to the question from the gentleman from Gaston? She yields. Thank you representative you spark my interest with some of your remark you mentioned that the positives that the industry brought to the economy of great state of North Carolina I believe you said quoted here our opening number and then you added the part about the government sub I think you said subsidy was that right or was it supplement maybe a government it's the, if I must spoke I'm sorry what I meant was the additional charge on our utility bill, the minimal charge on utility bill because there's no where talk about rate increases and how it's impacting the customers which is making the point that there's been a minimal amount of increase on power bills. Follow up Mr Speaker? That's the lady yield to an additional question? I do. She yields. That's not the part that spark my interest in, you're a very smart lady do you have an idea if the advances of the industry, and the good that would have been provided for North Carolina would that have been impacted, or would those numbers be different without that additional fee being tagged on to the power bill? Would they no longer be here? Would they still be here? Is like capacity or do you think that was instrumental for their success? How do you say that? Well I remember in folks who were around in 2007 when we negotiated this further about 70 stake holders including utilities. Great pairs, applicants, normal applicants, public applicants, get similar protection folks, and this was part of the package that they negotiated. That there would be a any supplement on your power bill to help pursue renewable energy, clean energy. I think it's been a good trade off it's help created these jobs it's help clean our priority will be able to it [xx] it seems to have had a positive impact on our economy so I think it's been worth it. For what purpose does the gentleman from Rutherford, Representative Hager arise? Briefly debate the amendment. The gentleman has the floor to debate the amendment. Thank you, Mr. Speaker. We looked at this piece of it, I think you've got to take this, the piece that Representative Hager plan on taking out with the piece that's in the last part of the amendment. If you remember what I said about qualifying facilities is we want to bring everything down, hold it until we complete the study the study that we have in that amendment same as this [xx] right now is at 6% it's not moving till 2018 we want hold it steady the long term energy plant and so you can make sense to move it bring it back or leave it the same. Now the Representative talks about the small piece on the on your bill every year, everyday every month [xx] talk about the 300 almost $300 million in tax credits that have been let and the 1.2 to 1.3 billion dollars of tax credit through the year that we haven't been paid that other companies have bought from these people. So they are actually exchangeable tax credit where you can sell them to blue cross and blue shield or any of the other companies in this state that actually offset their tax bill also so we want hold this steady for a while guys we want be able to look at this and determine where we want to go with this that's the way you develop a long term energy plan so please vote ed on the amendment. For what purpose does the gentleman from Durham Representative Lucas rise? To speak on the amendment. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker. Members there's a lot to talk about how the Surburb Industry is signed up on this and signed up on that it is important we remember the suburb industry is quite fine with the legislation with the statute as they are right now. When you say they signed up on it it's a situation where it's kind of take it or leave it. We can hit you really, really hard or just hit you a bunch, but not really, really hard. And that situation we have right now doesn't really appreciate these amendments. They would do much better with where they are right now. If you know how this works particularly in tier one and tier two counties the soil industry is taking farm land that there's minimal property taxes to the County and its investing
with the soil farm so that the amount of money paid under existing legislation with the tax debate that the industry has is paying many, many times more and one example that my constituent drew my attention a firm pays $50 in Property Tax, the cellar[sp?] industry that's put in next door same amount of acreage is paying in $1, 500 in property tax. That's why what we have right now is fine and that's why in this setting the Harrison amendment does do a good job, I'm trying to move us back to where we have been, in order to support of the Harrison Amendment. Thank you. For what purpose does the gentleman from Dublin Representative rise. To debate the amendment. The gentleman has the floor to debate the amendment. Ladies and gentlemen, a few days ago I talked but there were a lot of reasons we were a free nation, but a lot of those reasons even put together and combined cannot equal the fact that we are free because we are able to feed ourselves. I've been on every solar facility in Duplin and Wayne county. When you folks were passing this stuff in 07, 08 09, if the word marginal land was used one time, it was used a million times I invite you to come down to [xx] county and let me break your heart by seeing the quality, acres and acres and acres of land that has been diverted from very productive use and Representative [xx] I say to my neighbors who have done this, I'm happy for them I don't resent what they've done but Representative Heager has hit the nail on the head. We've got anytime that you're doing it's wise to do a test. We have a good foot print out there now at the 6% level. It's an excellent thing from which to study what we do in the future. I urge you to defeat this amendment. Further discussion, further debate? If not the question for the House is the adoption of amendment six set forth by Representative Harrison. 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. 40 having voted in the affirmative and 69 in the negative, the amendment fails. Members we have a number of amendments and so I don't know which members are intending to run their amendments or not. So I'm not going to call. If a member who wants to send forth an amendment their light is not on, I wont call on them. So if you have an amendment it would be in order if you want to run the amendment or not. Are there any members who wish to withdraw their amendments? Let me ask that, any members who wish to withdraw amendments that have been signed in previously? Mr. Speaker. For what purpose does the gentleman from Scotland, Representative Pierce rise? To withdraw my amendment this time. That will be AMM68V4 yes, Mr. Speaker. The amendment will be returned to the amendment sponsor. For what For what purpose does the gentleman from Buncombe, Representative Ager rise? Thank you Mr. Speaker, to offer an amendment. The gentleman is recognized to send forth an amendment, the clerk will read. Representative Ager, moves to amend the bill on page 18 lines 23 through 37 by re writing those lines to read. The gentleman from Buncombe is recognized to debate the amendment. So my name is Ager without the H, just to be clear. I'm getting a lot of these phone calls, I'd like to talk about water, and riparian buffers. I'm a farmer, we're somewhat conflicted about buffers but we're not conflicted about water quality and the importance of it. Maybe water is North Carolina's most valuable natural resource. For years we've kind of taken it for granted it is a free good no longer, it is sort of owned by everyone and owned by no one and it is up to our state in this legislature to take care of our water, you file the water upstream, and you
pay taxes to clean it up downstream my farm in Buckingham County straddles the blue ridge. The back side of the farm, the water all goes to Representative [xx], Native the front side takes a long journey from Balcom, to down the French [xx] to the Tennessee, to the Mississippi, to the Gulf of Mexico. We used foul it right there at the beginning we had a dairy farm and the Cows [xx] through the creek, they tore up the creek banks they pooped in the creek the water was ruined right from the start, we've taken over the years through cost share and buffers we've cleaned up that water, and we're very proud of it, we mitigated the stream. My amendment does something that's very simple and it's to me the epitome of common sense. I'm asking that [xx] certify, buffers and [xx] the buffer is no longer needed in a river, basin or watershed to maintain water quality. And number two if the river is under the federal total maximum daily load requirement that [xx] certifies that agriculture won't have to pay the price or pay the burden of having to reduce the run off. They are already a long list of exemptions allowed in this buffer areas and I would ask that you would add this further protection to water in the state of North Carolina, thank you very much. For what purpose does the gentleman for Lake representative Martin rise? To debate the amendment. The gentleman has the floor to debate the amendment. Thank you very much Mr. Speaker, it's tough to follow that speech there from a farmer but I do want to explain a little bit about what this bill does and doesn't do, what it doesn't do is change in the end what requirements we have coming down from the federal level and we have federal requirement on water equality and we've got several ways, several tools in our toolbox to use a good legislative cliche that we can do to try to meet those requirements, one tool is buffers and that's what we're talking about now, but there's a lot of other tools out there also. Representative Edgar talked some of them restriction on her farmers, you can also put restrictions on what waste water, what usually will from municipalities, restrictions there and what can be put from waste storm water rather into the water and waste water also. So this bill if it passes, not the amendment, but if the bill passes none of those requirements are not going to change, but without this Amendment what's going to happen is, one of the best tools we've got in out tool kit, Buffers, is going to be pulled from the tool kit, and that means we're going to have to make greater use of what's left. And so it's going to put a greater burden on our farmers, it's going to put a greater burden on our municipality from big cities on down to towns, anyone that's putting storm water in the water, it's going to probably cost them money to take up the slack from the buffers, essentially in the end going away for all practical purposes. And so Representative Vega's Amendment makes really good sense, and I want to re-emphasize what he talked about, the portions that if you look on lines 13 and 14 my eyes are going bad and it might go down to 15 also. Those with the portions that require Dena to certify that the buffers will only get an exemption if Dena can certify it's not going to hurt farmers in our municipalities. For those reasons I'd urge you to support this amendment. For what purpose does the gentleman from Representative Miller Ross. To debate the amendment. The gentleman has the floor to debate the amendment. Ladies and gentleman, while there is good intentions with this amendment, the language here does not do what's actually intended. If this language would've passed is actually going to change the aspects of how vested rights when it comes to property owners who are actually altered. I don't think it's good policy to allow any of repealing buffers to be removed regardless of what certification that dean may say the aspects of what a quality is being upheld if this language is to pass. I made it clear that it does not affect federal aspects as well as the aspects of agricultural buffers and the exempt that apply to them as held totally in a separate statute it is not in pursuing to this I would ask you to defeat the amendment vote red. Further discussion further debate? If not the question before the house is the adoption of amendment seven sent fourth by representative Hager, 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, 40 having voted in the affirmative and 68 in the negative, the amendment fails. For what purpose does the gentleman from Union, Representative Brody rise? To present an amendment please. The gentleman is recognized to sent forth an amendment, the Clerk will read. Representative Brody moves to amend the bill on page 10 line 18 by deleting the phrase code and substituting the phrase code with North Carolina residential code for one and two-family dwellings, the General Assembly enact. The gentleman is recognized to debate the amendment. Mr. Speaker, before I start could I ask respectfully to change my vote on the Harris Amendment to no please? The gentleman will be recorded as having voted on Amendment 6, the Harris Amendment. Members of the House, this is basically a real technical amendment it actually clarifies the intent of the holder's just real quick, those of us commonly use the term North Carolina Building Code as a general term, but in reality that is the Commercial Code, and so the intent of the bill sponsors was to include the commercial code and the residential code so that's what we are doing and I ask for your support. For what purpose does the gentleman from [xx], Representative Radel rise? To speak on the amendment. The gentleman has the floor to debate the amendment. Folks this is exactly what Representative Brody said, a good clarifying amendment, I urge you to vote green. Further discussion, further debate, if not, the question before the house is the adoption of amendment eight offered by Representative Brody, those in favor will vote aye, those opposed will vote no, the clerk will open the vote the clerk lock the machine and record the vote, 107 having voted in the affirmative, and none in the negative, the amendment is adopted. For what purpose does the gentleman from [xx] Representative [xx] rise? Send forth an amendment. The gentleman is recognized to send forth an amendment, the clerk will read. Representative [xx] moves to amend, amendment number one on page three, line 14, of the amendment by rewriting the line to read. The gentleman has the floor to debate the amendment. Thank you Mr. Speaker. Members, this amendment is a consequence of conversations that Representative Gider[sp?] and I had on the floor last week about the make up of the committee that would meet the long term energy needs of our state, and Representative Hager and I had an opportunity to talk about this, at length as well not on the floor, but we did talk about it, and the point really in this amendment, is to be clear, that there shall be on the committee, it simply puts into language what I think Representative Hager and I are in agreement on is that there should be diversity in terms of how [xx] going to speak for the senate of course and if you look at the amendment what it says is that two of this six member appointed by the speaker shall be supporters of webs renewable energy requirements as in front statute and that one to be a Democrat, and the other be a Republican. It merely states it out clearly and insures that we have a diverse of opinion and I urge adoption of the amendment. For what purpose does the gentleman from Rutherford County Representative Hager arise? Speak on the amendment, The gentleman has the floor to debate on the amendment. Representative Luke you got one thing right we did talk about this [xx] I'm glad that we have some time here tonight because we didn't mention the independent or non affiliated so he'd probably be offended. The purpose of the team we put forth in the amendment last week, it's in the bill now, is to develop a Representative team and senate team and a senate team that would get together that would drive out what the long term policy of this State's going to be, by appointing a committee made up of experts, and I'm not going to predispose what that committee is going to come up with. That committee would probably look at what technologies need to be looked at, what the end result will be, who needs to be on the committee, all those things associated, we need to take the time to do that, let the team that we put together from the house [xx] get together to determine who's on that team, and what they study and what the end results are going to be. I wouldn't want to predispose that team,
who needs to be on that committee so I'd ask you to vote red on the amendment. For what purpose does the gentleman from Lake Representative Stern rise. To speak on the amendment. The gentleman has the floor to debate the amendment. This is a rhetorical question for Representative [xx] Jesse [xx], the founder of Earth day, I'm sure expressed support for renewable energy in his day but more recently, he wrote an article entitled Renewables Are Not Green. This was in a peer review technical journal would he qualify as someone who expressed support just because he realized after finding all the negative environmental effects of [xxx] renewables. Well I qualify, I voted for Senate Bill 3 a long time ago, not because of the renewable portfolio but because of other things, but I voted for it, would I qualify. This amendment would be unique in requiring certain opinions to be expressed before qualifying for a position. Further discussion, for what purpose does the gentleman from Durham, Representative Luebke rise? To comment, I think on the rhetorical question of Representative Stam. The gentleman is recognized to debate the the amendment the second time. What this simply states in the amendment is that we have two positions really on renewable energy you may remember that a majority of this house in the public utility committees voted to maintain reps as is. That's the position the majority took in not giving a favorable report to the attempt to change reps. All this amendment say is let's make sure that people who are part of that group those who want to keep reps a is that they're on the committee. T's as simple as that its just gives us assurance and the assurance Representative Stern is quite clearly stated in the amendment, so again I urge your adoption thank you. Further discussion further debate, if not the question before the house is the adoption of amendment nines and fourth by representative Rucky those in favour will vote aye those oppose will vote no the clerk will open the vote. Representative Molone the gentleman wish to record. Clerk will lock the machine and record the votes. 35 having voted in the affirmative and 73 in the negative the amendment fails. For what purpose does the gentleman from Buncombe[sp?] representative Turner rise? To send fourth an amendment. The gentleman is recognized to send fourth an amendment the clerk will read. Representative Turner moves amendment number one on page one lines 30-31 of the amendments by inserting between the lines. The gentleman is recognized to debate the amendment. Thank you Mr. Speaker after our brief tour through buffer zones and code I'm glad we are back on an important subject of wraps and I also wanted the very thankful to the amendment sponsors well the bill sponsors by recognizing that this bill needs to be tweaked a little bit here and there. Over the weekend as we had a chance to look at this bill and look at some of the amendments that came fourth. I start thinking about some of the industries in my county in Buncombe[sp?] county and I what about one particular FLS energy which is a large solar company, in Buckingham County they have across about 20 different counties here in the state they have done tremendous job and back in January they announced a new project and they said that they're expected to have 300 construction jobs out there in the field helping implement this programs, now we talked lot about Jobs earlier where Representative Harrison talked about her amendment and I think that no this chamber has been trying to focus on jobs hopefully has been, and my amendment would basically say let's take a look at the impact that the freeze and ramps would have on job creation in North Carolina and if we find out that freezing ramps is going to negatively impact ecconomic Growth, and job growth in this state that we'll then revert back to the way that it was before, and we will see life continue to grow, will see jobs continue to grow, and see economic development continue to happen. For what purpose does the gentleman from Rathford, Representative Heagar rise? To see if Representative Turner
will yield for a question and then speak on the amendment. Does the gentleman from Buckingham yield to the gentleman from Rathford. Yes sir. He yields, thank you Representative Turner for yielding. Looking into your amendment, let me make sure I get my word tight, I'm I to read this right that you expect utilities commission to determine what jobs are lost. The utilities commission in consultation with the division of employment security. Okay, to speak on the amendment Mr Speaker. The gentleman from Rathford has the floor to debate the amendment Number one, it's not the job of utilities commission to determine what jobs are lost, it's determined whether it's equitable for rates in North Carolina. That's the main job of the utilities commission. I'd advise not putting him in this position in what they have determined economic issues on jobs also when the manufactures will come here where they live where they go that's more core most activities to do Utility Commission is very specialized we need to let them do what they do best. Second thing, if you look again at the amendment that Representative Jeter and I put forth last week, it includes this piece that he's talking about to determine a team to look forward for our energy future which includes jobs added, includes what the effective energy cost which includes what the effective renewables costs are. So it's already on the bill, we don't need this amendment and I'd ask you to vote red please. For what purpose does the gentleman from Ashe Representative Jordan rise? To debate the amendment. The gentleman has the floor to debate the amendment. Mr. Speaker this is a a warped amendment. The procedure here is we're granting a utilities commission who we appoint members to, to have legislative authority to repeal statutes. That's absolutely absurd they can come back and consult or do whatever they want, they can recommend, but if we vote on this we don't getting our legislative authority to an appointed body. That's got to be unconstitutional. I don't see how that passed the first meal test, and I would say we got to vote this down or rewrite the constitution. For what purpose does the gentleman from Wake, Representative Stam rise? To speak on the amendment. The gentleman has the floor to debate the amendment. Mr. Speaker I was about to make the same point that this blatantly violates article one section six of our constitution and declaration of rights by having an administrative body repeal an act of the General Assembly. Actually it violates the rules of the House because amendment that are unconstitutional clearly are out of order, but I would suggest rather than leaving that to the speaker we just vote no. For what purpose does the gentleman from Buncombe, Representative Turner rise? To speak on the amendment a second time. The gentleman has the floor to debate to debate the amendment a second time. Now I'm not a constitutional scholar nor do I pretend to be one, but this amendment does not give Utilities Commission the authority to repeal our statute what it does is this gives you choice commission to be working in conjunction to commissioner study and it's as a result of that study there was a certain thresh hold emerge they will trigger reveal the statute and that would be the trigger and I would also want to further state, The gentleman will suspend. For what purpose does the gentlemen from Ashe Representative Jordan rise? Inquire the gentleman of Buckham Does the gentleman from Buckham yield to the gentleman from Ashe? Yes sir, He yields Thank you Representative I appreciate you are yielding. Are you saying it's not the Utilities Commission but it's actually a study done by the Utilities Commission that would repeal the statute? Yes sir, I'm sending the study if was shown to be job losses then that would affect further the appeal Second question Does the gentleman from Buckingham yield to a second question? I need to Does the gentleman yields Yes. Yields. Is not the Utilities Commission you're saying, but it's a study done by the Utilities Commission that then repeals the statute Is that what you are saying to us? No sir, I'm not. I'm saying is a study done by The Division of Employment Security Thank you Mr. Speaker Buckingham continues to have the floor to debate the amendment. Thank you Mr. Speaker and I'd also like to speak to the point of the original amendment that go to the long term energy study, no place in that portion of that amendment does it talk about the economic impact, or job creation, or job loss is related to this bill and this amendment, it merely speaks to a study of the long term energy needs. Thank you Mr. Speaker. Further discussion, further debate, if not the question before the house is the passage, have amendment offered by Representative Turner, those in will vote Aye! those who oppose will vote No! the clerk will record the vote clerk will lock the machine and
record the vote 29 having vote in the affirmative and 80 in the negative the amendment fail. For what purpose does the gentlemen from Union Representative [xx] rise? I want to make sure it was this Union[sp?] It is you this time, Sir. I want to send forth an amendment. The gentleman is recognized to send forth an amendment, the Clerk will read Representative Floyd moves to amend the bill on pages 22 line 37 through 40 by rewriting those lines to read. The gentleman has the floor to debate the amendment. Ladies and gentlemen, colleagues this is a really simple not controversial amendment in section 3.7 it requires the study of the flood elevation in the buliding height with reqiurements, land surveyors are the one that provide that sort of intention and so what this amendment does is to make sure they are part of that study group to provide that expertise. I ask for your support and I've talked with the Bill Sponsors and I think they're in agreement. For what purpose does the Further discussion, further debate if not the question for the house is the adoption of amendment 11 sent forth by Representative [xx] those who favour will vote aye those oppose will vote no! the clerk will open the vote. The clerk will lock the machine and record the vote. 108 having in the affirmative and none in the negative the amendment is adopted. For what purpose does the gentleman from Rutherford, Representative Hager rise? Send fourth fourth amendment. The gentleman is recognized to enforce the amendment, the Clerk will read. Representative Hager moves to amend the bill on page 20 lines 22-32 by re-writing those lines to read. The gentleman from Rutherford has the floor to debate the amendment. Thank you, Mr. Speaker. This amendment is just basically three things, right now we want to clarify wildlife officers can do when they are approaching someone that has been hunting, someone that has a license, fishing license or a hunting license. Just basically three thing guys, it allows maintains officer has to have a reasonable suspicion to inspect the equipment or weapons of wildlife license, has to have a reasonable suspicion to suspicion, the end of somebody's car as a police officer. It has three inspections, they may inspect the documentation, by laws such as permits, license, certificates said without reasonable suspicion, they may inspect individuals to ensure compliance with bag limits, how many deer do you have, how many turkey do you have and so forth [xx] such as fish and they may inspect shotguns for the proper use of plugs. The second thing it does, it prohibits the inspection of weapons, equipment, fish and wildlife if the owner is not present, if they see it's in danger, they need to call a Law Enforcement Officer to do the proper procedure if they think there is a danger there. Finally the amendment struck wild life to summarize complains against wildlife pozozers and reporting to the Joint Oversight Committee on justice and public safety advice you I would hope you would vote green on the amendment. For what purpose does the gentleman from Cumberland representative Glazier rise? To see if representative Hager would yell for a question please. Does the gentleman from Randolph yield to the gentleman from Cumberland? I do as a great job will be the best to yell. He yells. Thank you Mr. Speaker thank you representative Hager I think I agree with this I think it's good, but I'm just trying to read it faster to understand And you're the Attorney Legislature? Well, this is way out of my league, but first question maybe two, did the wildlife folks sign of on the reasonable suspicion standard? I don't know the inside question Representative Glazier, I don't, I just have not had the talk with him. Second question Mr. Speaker Does the gentlemen yield to a second question? Does the gentleman from [xx] yield to a second question I yield He yields Thank you, Representative. The other question I have is, when it goes to the reasonable suspicion stand I think I just stood you to say so if it has these and there is a problem they don't at the authority that they call law enforcement the only question is what if is an exist agency or extraordinary situation that come across world explosive or [xx] device do they not have any [xx] authority to act under this may have to wait and call regular law enforcement? Representative Glazier I would think that if its emergency they would have not am not at the law again but certainly they need to call folks who can handle this situation if it is explosive device, if they have reason who suspicious then they need to call the reasonable authorities that handle such, because I don't believe, and I could be wrong that they are trying those issues for the amendment Mr. Speaker The gentleman from Cameron has the floor to debate the amendment. Thank you Mr. Speaker, I'm going to vote for the amendment Representative Hager and with the understanding that the bill is likely to pass. I do speak on the amendment I do suggest that this provision policy is a mark over in the
senate because am concerned that they may not be the [xx] capacity in here that might need to be there, and I see this is something that can be worked on later in its process. Thank you. Mr. Speaker For what purpose does the gentleman from [xx] Representative Hugler rise? Ask Gentleman [xx] from a question. Does the gentlemen from [xx] yield from the gentleman from [xx] Certainly He yield What do say that was if am flattered? Emergency circumstances of the law courses [xx] circumstances. Thank you as that be attorney orders not engineer orders. Thank you For what purpose does the gentleman from Pender, Representative Millers rise? To speak on the amendment. The gentleman has the floor to debate the amendment Yes sir Mr. Speaker, I appreciate the concerns that were brought up by Representative [xx] but I had further cleared it to the concerns he brought out. It's my firm understanding that first response emergency statutes trump all the aspects that we're talking about here, so the ability to preserve the emergency situation would not be harmed by any aspects of reasonable suspicion that we're addressing here. Iask you too to support this amendment, this is a good amendment further clarifying the intent of this body and I ask for you to vote green For what purpose does the gentleman from Cumberland, representative Lucas rise? To see if Representative Heager would yield for a question. Does the gentleman from Rutherford yield to the gentleman from Cumberland? I do. He yields. Thank you Representative Heager. Under the Reasonable Suspicion clause. What reasonable, or yet would there be a reasonable suspicion if a hunter was not hunting migratory game birds what reasonable suspicion would a law enforcement officer have to inspect capacity loads? [xx] I think it allows the exemption for capacities for shotguns, for plugs number one and other than that, if there's other reasons that he's doing it [xx] officers thinks, of course has some suspicion that there's just something going on he has opportunity to do that, to inspect anything he needs to if the hunter is present now under that circumstance representative Millers may have a better idea and better explanation on that since he hunts particular file one additional question? Does the gentleman from Rutherford yield to an additional question from the gentleman from Cumberland? I do. He yields. Would you be aware that if you're not hunting migratory birds that there's no plug limit? Representative Elmer[sp?], I do not hunt migratory birds, so the answer would be no. For what purpose does the gentleman from Wake, Representative Pendleton rise? To speak on this amendment. The gentleman has the floor to debate the amendment. I would like to answer the question that some of you just asked. Normally a game warden, if they hear you shooting after legal shooting time which is at sundown. Now in the morning you can shoot a half an hour before, so if they hear a violation of that with gunfire, then they're going to come after you. They also, if they hear too much gunfire going on, they're going to probably assume that you've shot over your limit, and those are the major reasons that the game wardens go after people that are hunting Waterfowl. Waterfowl is governed under federal law, but it's enforced by our State game wardens. Further discussion or further debate? If not the question for the house is the adoption of the amendment 12, offered by Representative Hager, 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, 107 having voted in the affirmative, and none in the negative, the amendment is adopted. Members, those are all of the amendments the chair is in possession of, further discussion or further debate? If not, the question for the house is the passage of house bill 760, on its third reading? Those in favor will vote aye, those opposed to a vote no, the clerk will open the vote. Representative Harrison does the lady wish to record on this? The clerk will walk the machine and record the vote 77 having voted in the affirmative and 32 in the negative House Bill 760 passes its third reading the amendments is so ordered engrossed and will be sent to the senate. Members, Senate Bill 105 on account of the chair is
going to direct that this Bill be referred to the committee of Homeland Security military and veterans fairs and will be removed from today's calendar. Representative Blust and Jordan are recognized to send forth a committee report the clerk will read, Representatives Blust and Jordan you just shared two committee reports? Senate Bill 185 clarify for time serves favorable. Chair Director 185 be referred to the committee on rules, counter operations the house. Senate Bill 445 per its law favor house committee substitute in favor of senate committee substitute. Senate committee substitutes, unfavorable counter house committee substitutes we refer to the committee on rules counter and operations to the house. Representative Davids and Stevens is recognized to send fourth the committee report the clerk will read. Representative Davis and Stevens committee report House Bill 299, occupational licence, private protective services act changes AB favorable committee substitutes we refer to finance. Original bill unfavorable counter committee substitutes present [xx] finance the chair strikes refers to the bill to rule the committee operate rule counter operations house. Members House Bill to title is recruit community college students to teach our children flexibility removed committee on education, committee colleges, and we refer to the committee on education universities. For what purpose does the gentleman from Wayne representative Bail rise, announcement, the gentleman has the floor for announcement. Memebers the house of senate was in caucus, we were supposed to meet today they didn't meet, when we were in the session, so please look forward look for [xx] for another date, so thank you. Notices ad announcement for what purpose does the gentleman from Rowan representative Ford rise? An announcement. Gentlemen has the floor for an announcement.committee on local government will meet in the morning at 10 in room 643. Members of the house, the Chair would like to advice the house over what the Chair would believe would be some good news. It appears that tomorrow the matters that we would need to take up on the calendar will very simply be the bills that are in the finance committee tomorrow. Finance is meeting at 8:30, it appears they had five bills on the calendar. I haven't looked to see if there's any serial referrals. Four bills on there and don't know if they'll all pass or whatever. But the intention of the Chair tomorrow is to simply take those bills from the Finance Committee and add those to tomorrow's session calendar. With that being said, the Chair believes there's no issue why we shouldn't be able to have session at 10:00 AM and dispose a session very quickly and then that would allow the finance community to take the rest of the day meeting and will excuse appropriations committee to continue working the rest of the day. So that's the intention and the intention of the chair to stand. For what purpose does the gentleman from Mecklenburg Representative Brawley rise? To do our part to move things along tomorrow the Finance Committee will meet at 08:30 in 544 in the chairman's Szoka's voice recovers will preside. For what purpose does the gentleman from Cabarrus Representative Pittman rise? Representative Pittman the gentleman that for what purpose does the gentleman rise? Make an announcement. The gentleman has the floor for an announcement. Just wanted to let Homeland Security community to know that we are not meeting tomorrow we were planning to do something, but demo council we will not be meeting tomorrow. For what purpose does the gentleman from Rowin, Representative Ford rise? Inquire the chair to make me an announcement. The gentleman may stage his inquiry, the house will come to order. we just announced that we were having Local Government at 10 in the morning, I assume that's cancelled now? Just a moment, the Chair was unaware that there was a conflict, just a moment. Yes.
Thanks for advising, we can do Session 11. So we're going to have Session 11 so Local Government can continue. My apologies, the Chair did not see the Local Government Committee scheduled for 10, thank you for the reminder. Thank you, and you're all welcome. Does the gentleman believe that an hour will be enough time to dispose of the committee's business? Absolutely. OK. Further notices and announcements? If not, the gentleman from Harnett, Representative Lewis is recognized for a motion. Mr. Speaker, I move that subject to re-referral, appeals and resolutions, and the reading of Representatives statements, that the house adjourn to re- convene on Thursday, May the 7th at 11:00 O'Clock A. M. Representative seconded by Representative Stein. The House adjourned to reconvene subject to the re-referrals of Bills and resolutions and reading of representatives statements on Thursday May 7th at 11 AM. Those in favor will say aye, those opposed will say no, they ayes have it, we stand adjourned.