Chris, we're gonna miss you being with us but you'll probably be flying above us every now and then I guess, passing over. So wave to us when you do. Chris is a tireless advocate for Western North Carolina, and for all the state he's military experience, his service as a commercial air pilot have been something that, we haven't had very many of those in general assembly, and sometimes some bill would come up having to do with the about air travel or something, this guy knows what he's talking about, and I just wanna thank you for your service Chris you've done a fantastic job, you've become a great friend, we're gonna miss having you here but we know where to find you, we'll probably see you at the airport sometime travelling, but I hope you'll accept this small token of appreciation for your service that being the certificate from the house of representatives, and also the order of the longleaf pine. Thank you for your service Chris. [APPLAUSE] [BLANK_AUDIO] Representative Stone. [BLANK_AUDIO] >> [COUGH] [BLANK_AUDIO] [SOUND] Hey Chris. >> Chris I wanna thank you for your service, you've been with us a very brief time, but you have made your voice heard, and you have stood for what you believe in and I know you love the people of Guilford county and this state, and I wanna thank you for your services brief as it has been, I know we'll see you around some more, and I just will know in the brief time I've enjoyed all the time we've had to work together, and I look forward to your continued friendship and your service to North Carolina. I hope you'll accept this certificate in appreciation of your service to the house. Thank you very much. >> [APPLAUSE} [BLANK_AUDIO] I don't believe that we need to make sure if we have anymore. We, had to have two more brought in just a second ago. We're trying to do this. This is something we haven't done before, to recognize members, but I just wanna take a point of personal privilege briefly. We by the way don't get the idea that we're getting ready to cut out here any time immediately the meeting recedes, but we will be in here today taking up the remainder of the bills. But I did wanna at least say a few words to thank folks for being here. All of us have families, and friends, and Business adventures, and things that we take time away from to be here to serve in the general assembly, and I think often when we get into the passion of the debate, and everything is very easy to overlook that and so I just wanna thank you always for the opportunity to serve as your speaker this term, it's something I'll never forget, and its an honor to That have served, and every one of you who are retiring. We really are going to miss you and I know there'll be more speeches later today, but I didn't want today to go, I know some are leaving who want to travel, and wanna make to make sure we did that. We are about to go into recess until 3 PM so that members will know sort of the business for the rest of the day. I think there's a finance committee meeting that's probably going to announce, and there's a number of meetings that may happen. I think Representative Hager is gonna probably announce the Caucus, but we're gonna come back. It's almost two, the plan is to come back at three o'clock, just know we may make it at 3:30, let me check, and I give you what you need. We're gonna come back at 3:30, we still have a number of bills on the calendar from this morning, suspect there will be some committee reports so probably get somethings back from the senate. So I would say 3:30, and we'll get as far as we can, we may May finish today, we may have to come back tomorrow morning. At this point I'm not looking at a midnight session, so we're thinking something during the daylight. And we really wanna try and do the more formal adjournment which hasn't been done in a while. With that being said, notices and announcements. Representative Hager is recognized for an announcement. >> Thank you Mr. Speaker Republicans will caucus immediately after this recess in 1228. >> Mr. Speaker. >> Lady from Buncombe, Representative Fisher rise? >> For an announcement. >> The lady has the floor for an announcement. >> Democrats will caucus briefly in our usual location immediately upon recess. Thank you. >> Any further notices or announcements? For what purpose does the gentleman from Gaston, Representative Hastings rise? >> Mr. Speaker the House Finance committee will meet at 2:30 in room 544. >> Any further notices and announcements? Seeing none, the subject to the ratification of Bills, messages from the Senate committee reports conference reports re-referrals of bills and resolutions, and appointment of conferees.
The house is going to stand and recess till 3:30 PM. >> [SOUND] >> [BLANK_AUDIO] [BLANK AUDIO] Special message from the senate clerk will read. >> Mr. Speaker, it is ordered that the message we sent representatives with the information that the Senate adopt the report of the conferees to Senate Bill 482 conference committee substitute. A bill to be entitled an act to Make Technical and Clarifying Changes to the Limited Liability [INAUDIBLE] Define an Employer's and Employee's Rights to Inventions Invented by the Employee. When the appropriate action has been taken in both chambers, the bill will be ordered. enrolled respectfully Sera Lane/g principle clerk. >> Noted. >> Mr speaker it is ordered that the message be sent to the house of representatives with the information that the senate failed to concur in senate bill 727 house committee substitute forth edition. A bill to be entitled an act to modifying in time the referendum for the [INAUDIBLE] use of the quarter since local optional sales tax for Moore county as request conferees. [INAUDIBLE] appoints senator Raben, chair, senator [INAUDIBLE] and Tillman on the part of the senate to confer with like committee. Appointed by the honorable body to end that differences arising may be resolved respectfully Sera lane/g principle clerk. >> Speaker appoints Representative Bowes and Representative McNeil as conferees on the part of the house and the senate will so be notified. On motion of Representative Lewis, senate bill 821 JCS technical corrections is withdrawn form the committee on rules re-referred to the committee on finance and if favorable to the committee on rules. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] The enrolling court reports the following bill duly ratified for presentation to the Governor. House Bill 1030. An Act to Modify the Current Operations and Capital Improvements Appropriations Act of 2015 to Make Other Changes in the Budget Operations of the State. >> [UNKNOWN] noted. [BLANK_AUDIO] [BLANK_AUDIO] >> On motion of Representative Lewis Senate Bill 249. Zoning recreational land requirements. Moore's bill is withdrawn from the committee on rules and re-referred to the committee on elections. Representatives Brawley, Saine, Hastings, Martin Setzer and Szoka are recognized to send forth their committee report. Senate Bill 867. Protects students in schools. Favorable as the House committee substitute 2 unfavorable to the House committee substitute 1. House committee substitute 2, calendar 36b. House committee substitute 1 unfavorable calendar. [BLANK_AUDIO] BLANK_AUDIO] Representatives Brawley, Saine, Hastings, Martin, Setzer
and Szoka are recognized send forth a committee report committee of finance. Center bill 508, amend bail bond collect an agency criminal mediation laws. Favorable calendar 36B. [BLANK_AUDIO]. A motion of Representative Lewis Senate Bill 821 GCS tend of requests its withdraw on the committee on finance and re-referred the committee on rules. [BLANK_AUDIO] [BLANK_AUDIO] [SOUND] The House will come back to order. [BLANK_AUDIO] Senate Bill 803 [SOUND] the clerk will read. [BLANK_AUDIO] >> Senators Wade, Mckissick, Hartsel senate bill 803 a bill to be entitled an act to make technical clarifying administrative changes to revenue laws and related statutes. General assembly of North Carolina enacts. >> Representative Hager does the gentleman wish to send forth his amendment? This is on senate bill 803, the gentleman is recognized to send forth an amendment the clerk will read. [BLANK_AUDIO] >> Representative Hager seeks to amend a bill on page six line four through five by adding Between the lines and new part to read. >> Mr Speaker. >> The gentleman has the floor to debate the amendment. >> Thank you Mr speaker I don't wanna debate the amendment I want the amendment returned to me please. [BLANK_AUDIO] >> I apologize I was talking to Representative Catlin/g- >> Okay Mr Speaker if it be will of the Speaker I wish the amendment return to me. >> The amendment will be returned to the gentleman. I believe this is on for third reading is there further discussion or debate on this bill? If not the question before the house is the passage of senate bill 803 on it's third reading. Those in favor will vote aye, those opposed will vote no the clerk will open the vote. [BLANK_AUDIO] Chair is not gonna, Not gonna call the names out cuz there are a lot of folks aren't here, but if you haven't voted and you are here please press your button. >> The clerk will lock the machine and record the vote. 85 having voted in the affirmative and four in the negative Senate Bill 803 passes it's third reading and will be sent to the senate. [BLANK_AUDIO]. [BLANK-AUDIO] Members two bills have been read and the chair intends to have them in the calendar. The first one is senate 867 [INAUDIBLE] to be added to today's calendar without objection. So ordered, and senate bill 508 amend bail bonds collection agency criminal mediation laws after today's calendar without objections so ordered. [BLANK_AUDIO] [BLANK_AUDIO] Voted on the wrong bill. [BLANK_AUDIO] For what purpose does the lady from Wake Representative Adcock rise? >> To change my vote on 803 to aye. >> The lady will be recorded as voting aye on the third reading for Senate Bill 803. >> Same gentleman from Wake, Representative Jackson and Representative Cotham. It's contagious there among those two seats, Representative Cotham and Representative Jackson. Madam Clerk shall both be recorded as voting aye on the third reading of Senate bill 803. For what purpose does the, same for the Representative Hall. Madam Clerk Representative Hall of Wake wants to be recorded as voting aye on that bill. Representative Dixon is that the same request for the gentleman? Representative Dixon asks to be recorded as having voted aye on the 3rd reading as well for Senate Bill 803. [BLANK_AUDIO] Members just to give folks an idea of where we are
we have several bills that we can take up, but for various reasons we simply aren't taking up. We are waiting the senate to pack up those other bills. So some of these bills will sit here for a little bit. Representative Mitchell knows exactly what I'm talking about I think. We are waiting on one additional committee report though. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] House will be at ease. [BLANK_AUDIO] l [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [SOUND]
Representatives Browley, Saine, Hastings, Martins, Hastings,Martin and Szoka are recognized to send forth a committee report the clerk will read. >> Representatives Browley, Saine, Hastings, Martin Setzer and Szoka. Finance committee report. House Bill 728. Amend various licensing board local fees. Favorable for concurrence. >> Calendar and without objection, today's calendar. So ordered. [BLANK_AUDIO] [BLANK_AUDIO] House Bill 728. The Clerk will read. [BLANK_AUDIO] >> Representatives Conrad, Brian, and Setzer. House Bill 728. A Bill to Be Entitled an Act to Amend Laws and Fees Pertaining to Various Occupational Licensing Boards. The General Assembly of North Carolina enacts. >. The lady from Forsyth, Rep Conrad is recognized for a motion. >> Yes, to make a motion and debate the bill. I move that we concur with the senate committee substitute for house bill 728. >> Lady has the floor to debate the motion. >> Members of the house, this bill which had very broad support with us last was confined to the chiropractic licensing board. The senate did extend it a little bit this is not controversial this is not licensing boards. Mainly they added some changes to statutory language, and some fee increases for the North Carolina Medical Board and the North Carolina Real Estate Commission, these were request that the house is already familiar with, that the boards wanted. Receive the approval to concur from the house finance committee for the additional fees that the increases of the senate added and hope that you support this motion. If you have any questions I'm happy to answer them. Thank you. >> Further discussion, further debate? If not the question for the house is the adoption of the motion to concur, we'll send committee substitutes for the senate commission and substitute for house bill 728, those in favor will vote aye those of no opposed will vote no, the clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 89 having voted in the affirmative and 13 in the negative. The motion to concur with the senate committee substitute the house bill 728 is adopted, the bill is ordered enrolled and sent to the Governor. >> Gentleman from Union wish to be recorded as voting aye on the bill. >> Gentleman will be recorded as voting aye. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] For what purpose does the gentleman from Craven Representative Speciale rise? >> I'd like to change my vote to a No on 728. >> The gentleman will be recorded as having voted no house bill 728. Senate bill 508, the clerk will read. >> [BLANK_AUDIO] Senators Lee and Randleman, senate bill 508, a bill to be entitled an act to make various amendments to the bails, bond collection agency and criminal mediation laws. General Assembly of North Carolina enacts. >> For what purpose does the gentleman from New Hanover, Representative Davis rise? >> Speak on the bill. >> Gentleman has the floor to debate the bill. >> Thank you Mr. Speaker, and Mr. Speaker there really needs to be three representatives to talk about this bill cuz there are three parts.
First part deals with bails, bonds, and I'm not sure if Representative Lee Zachary will need to address that, there is collection part in it and I believe Representative John Faircloth will address that, then there is a criminal mediation fee aspect that I would like to address if I may sir. >> [INAUDIBLE] >> Thank you Mr. Speaker, the criminal mediation, the long or short of it is really kinda simple. Right now if you do a criminal mediation in district court is a fee of $60.Under the present procedure you don't have to pay the $60 until the mediation is over. The district attorney is part of the deal is, if this is successful mediation then the DA will dismiss the case but under the present law, the DA can't dismiss the case until the fee have been paid. So there is the problem the fact number one the district attorney having been one, I know that they have authority to dismiss the case any time that they deem fit for any reason. But under this particular statute as it applies right now, if the fee hadn't been paid they can't do it. Then you run into the problem of, well you do the mediations and then the person doesn't pay the fee and you're gonna do a collection House will say in talking with the District Attorney's Association and the mediators is a very simple fix and this is what it does. It requires that the $60 mediation fee be paid upfront. And that way it's paid, nobody has to worry about it. And it increases the time to do the mediation from 30 days to 45 days. The speaker would be happy to answer any questions on that aspect if anybody has one. >> For what purpose says the gentleman from Yadkin? Representative Zachary rise. >> To speak on the bill. >> Gentleman has the floor to debate the bill. >> Thank you Mr. speaker in statutes one through four of this bill there are a few changes regarding bail-bondsman. The changes are the bail-bondsman as well as the defendant would receive a copy of the release order. And that the obligation of the bail-bondsman is terminated when the defendant is placed on probation pursuant to a deferred prosecution or conditional discharge. Further provides that if the bonds money has an unsatisfied judgement forfeiter he/she can write a bond anywhere in the state until that bond i paid. And currently the commissioner of insurance can only suspend revoke, or place on probation, a bondsman's licence if the bonds man only if they have a state tax lean. This change A Ed's federal tax leans. And I think maybe Representative Stam may have an amendment on that. And further, this bill authorizes the commissioner to summarily suspend a bondsman's licence for good cause shown, and it changes the renewal from a one year renewal of licence to a two year renewal but the fee is doubled so they'll get the same amount of fees. So if you have any questions, >> For what purpose the gentleman from Wake, Representative Hall rise? >> For a brief amendment that's before the clerk Mr. Speaker, on this section. >> The gentleman is recognized to debate the bill. Or does the gentleman want to send forth an amendment? >> Send forth the amendment. >> The gentleman is recognized to send forth an amendment the clerk will read. >> Representative Hall moves to mend a Bill on page one line 26 to 28 by rewriting the lines to read. >> The gentleman is recognized to debate the amendment. >> Members this is a consensus amendment brought to aspire judges, they recognize that the way this Bill was written it would take away the judges discretion to still require a bond when defendants are out on deferred prosecution or a conditional release by striking part of line 26 to 28, this amendment would restore a judges discretion to still require bond on people they think may not show up for court. I believe everyone is in agreement. >> Does the gentleman from Yadkin wish to debate the Bill? the amendment? >> I do your honor. >> The gentleman is recognized to debate the amendment. >> Mr. Speaker. I'm sorry. >> Counsel may debate. >> Only to say that we agree with this amendment, we don't have any objections to it. >> Further discussion, further debate. Seeing none the question before the House is the adoption of amendment a1 sent for the by Representative Hall, those in favor will vote aye, those opposed will vote no, the clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote, 101 having voted in the affirmative,
2 in the negative. the amendment is adopted. The gentleman from Wake Representative Stam is recognized to send forth an amendment. [BLANK_AUDIO] Representative Stam moves to amend the bill on page five, line nine by rewriting the lines to read. >> The gentleman has the floor to debate the amendment. >> Mr. Speaker, members of the house on one section this changes the effective day to October 1 instead of immediately for those of you who are in finance. You're called to discussion about the tax leans and after the meeting, I've discussed this with Sen Lee and he agreed this will be a good amendment as far as I know the advocates for the bill are very happy with it so please vote for it. >> What purpose does the gentleman from Yadkin, representative Zachary rise? >> Just to say we have no objections to this amendment. >> The question for the house is the adoption of amendment a2 sent forth by Representative Stam, those in favor will vote aye, those opposed Opposed vote No the clerk will open the vote. [BLANK_AUDIO] Representative Hager you wanna vote on this. Representative Taine [BLANK_AUDIO] Representative Blust the gentleman wish to record on this vote? >> The clerk will lock the machine and record the vote. 103 having voted in the affirmative none in the negative the amendment two is adopted. We are now back on the bill. Further discussion further debate? For what purpose does the the gentleman from Gilford, representative Faircloth rise? >> To debate the bill. >> The gentleman has the floor to debate the bill. >> section five in this bill applies to collector collection agencies and was changed to allow person to work out of their home as long as the record required to be kept. not maintain that their remote location. Or their remote location is not held up with the public as a place of business. The person, firm, corporation association has a valid permit issued elsewhere in the state. So it just allows a person to operate part of their collection agency firm their home. The second part. [BLANK_AUDIO] Section six simply raises or lowers the maximum amount of bond required by a collection agency from $25,000 to $30,000 and the department of Insurance indicates they have never a claim any higher than $30,000. So I ask that you support this. [BLANK_AUDIO] Further discussion further debate? Seeing none the question before the house is the passage of senate bill 508 on it's second reading. Those in favor will vote aye those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 111 having voted in the affirmative and 2 in the negative senate bill 508 passes it's second reading and will without objection be read a third time. >> General assembly of North Carolina enacts. >> The question before the house is the passage of senate bill 508 on it's third reading those in favor will say Aye. >> Aye. >> Those oppose no the Aye's have it. Senate bill 508 passes it's third reading the bill is ordered engrossed. House will be at ease. [BLANK_AUDIO] The gentleman Harnett representative Luis is recognized for an announcement. [BLANK_AUDIO] >> Thank you Mr. Speaker and members the house committee on rules. calendar and operations on the house will immediately after recess in room 1228, we will be considering two deals. One is senate bill 821,
the technical corrections bill and the second is senate bill 890. short title elections every four year town of Mary Etta. Thank you Mr. Speaker [BLANK_AUDIO] [BLANK_AUDIO] For what purpose does the gentleman from Durham representative Michaux rise? >> Inquiry of the rules chair. >> Does the gentleman from Harnett yield to the gentleman from Durham? >> I do. >> He yields >> We got a notice about 5 O'clock meeting on the election laws, s that meeting still under effect? >> Thank you for that, may I be recognized for an announcement? >> Gentleman is recognized. >> The House committee on elections meeting schedule for five will be canceled and rescheduled for later tonight. >> Further notice and announcements. [BLANK_AUDIO] Actually just a moment. [BLANK_AUDIO] >> Mr. Speaker? >> For what purpose does the gentleman Durham from Representative Michaux rise? >> To ask a follow up question to riles chair. >> The chair may be revising if the gentleman's question about committee means the chair is about to take up the bill so it may. >> Okay. >> Okay. Senate bill 897 the Clerk will read. >> Senator Apodaca Senate bill 897 a bill to be entitled an act to provide the [INAUDIBLE] City of Asheville, General Assembly of North Carolina enacts. [BLANK_AUDIO] >> Who's carrying this bill? >> [INAUDIBLE]>> The gentleman from Harnett Representative [INAUDIBLE] I saw Representative Fisher's light but I have a feeling he was not to carry the bill. The gentleman from Hornet Representative Lweis is recognized to debate the bill. >> Thank you Mr. Speaker. Mr. Speaker and members the bill before us today Is before us because of concerns raised by the citizens in South Asheville. The people living there don't recall the last they had a representative on the city council. When we heard this bill in elections, a map was placed upon the screen and also on all of the members' desk to save money I didn't provide one today but I'll be glad to. You would be able to see that the current system of electing members of the city council at large has yielded a concentration of those folks that all live in the same spot if you will. I would like to point out that creating districts in Asheville will bring Asheville more in line with how cities of this size across the state are in fact governed. You will find in fact that eight of the ten largest cities in our state use a system of districts to elect their representatives to the city council. This method has not not new or noble, it is a common place, it's considered the best practice across the state for ensuring geographic diversity of representation through out a city. I also point out the map was not drawn based on creating political advantage. The map was drawn to create geographic diversity to balance population according to legal requirements and to keep precincts together when possible. I would ask for your support of this bill and I look forward to the debate. Thank you Mr. Speaker. >> For what says the lady from Buncombe Representative Fisher rise? >> To debate the bill Mr.
Speaker. >> The lady has the floor to debate the bill. >> Thank you Mr. Speaker. ladies and gentleman of the house I hope that you found unusual that the rules chair from another part of the state is carrying this bill. And i would appreciate it if you would bear with me just for a few minutes while I retrace the steps lading to the introduction of the bill that you have in front of you right now. I want you to see that it is built on a foundation of deceit and dishonesty and then I wanna ask you to just decide if it is reflective of the level of respect that we should be giving the people that we represent or of this institution. We in the Buncombe delegation had been hearing rumors about a possible bill but only about twp weeks ago the Buncombe delegation was called to meet with Senator Apodaca where we were shown maps that had already been drawn. But they were still not a draft of the bill. Last week we were informed that there was now a bill filed and in the bill jack. And actually I'd skipped a step, there is a little bit more Senator Apodaca should show this map and gave us 48 hours to respond with any suggestions that we might have. Last week we were informed that there was now a bill filed. And in the bill jacket,was a letter signed by Senator Apodaca certifying that the local bill regarding Asheville was not controversial and that all of the members of the delegation, his districts would be impacted bill we're on board. Any suggestions we had given to Senator Apodaca were ignored. I was here in 2007, when another area of the state had something similar to this occur. And it resulted in a request for an ethics opinion, which is now known as Ethical Principal and Guideline guideline number eight. Thought certification for local bill filing during session. The ethics committee determined that ethical standard do apply in this situation, and legislature should receive guidance on filing on local bills certifications. Ethical principal and guideline eight states, quote, filing a local bill certification knowing the certification is false is unethical. The bill as originally filed was based upon a dishonest misrepresentation by one of the members of the Bumcombe delegation from Henderson county. And after being confronted with this information, the senator filed the letter to the senate clerk to be added to the bill jacket informing her that the bill was not a local bill, even though it only affects Asheville. that it is an elections redistricting bill and that they are always controversial, and to replace the fault certification that he signed with this new letter. A less than straight forward beginning this bill I would contend. So here we are, debating a bill to district Asheville, one of 10 cities of similar size now the ninth to be the subject of legislative gerrymandering, but as you heard or as you will here, one of only 3% of municipalities without any at large districts offered in this bill and with no opportunity for the citizens affected to way in. So we're not like the other places that have been redistricted, we are not being offered the opportunity for our citizen referendum. So Mr. Speaker, I would like to send forth an amendment. [BLANK_AUDIO] >> Madam clerk is the amendment of the dashboard the Chair sees two amendments, but does not see one from Representative Fisher. [BLANK_AUDIO] The lady is recognized to send forth the amendment. The clerk will read. The amendment spread is scanning right now so it's not on the dashboard. [BLANK_AUDIO] >> Representative Fischer moves to amend the bill on page 9 lines 5 through 6 by rewriting those lines to read. [BLANK_AUDIO] >> Is the amendment on the dashboard? [BLANK_AUDIO]
The lady is recognized to debate the amendment. >> Thank you Mr. speaker. Ladies and gentlemen of the house, this amendment will allow for a referendum to occur in November, to allow the citizens of Asheville who will be affected by this to actually have a say in it. I move adoption of the amendment. >> Further discussion further debate on the amendment? >> Mr. Speaker. >> For what purpose does the gentleman from Harnett, Representative Lewis, rise? >> To debate the amendment. >> The gentleman's recognized to debate the amendment. >> Thank you, Mr. Speaker. Mr. Speaker and members, I would ask that the members of the chamber vote against this amendment. The intent is to let the folks see that the district system works, and then of course when the next census performed they can choose to change the system if that is what they want to do. But I wanna ask members to vote against this amendment. For what purpose does the gentleman from Cumberland Representative Richardson rise? >> To debate the amendment. >> The gentleman has the floor to debate the amendment. >> Members in 1994, your party in this state had every member ready for the state senate and every member running for the state house to go to the capital and sign a contract called contract North Carolina. Which followed many of the principles that were put on the contract for America. I was super impressed with that for all of you all to come together and to tell the people of the state this is what I'm gonna do and this is how we are gonna do it. Was a very impressive way to run an election and if you recall you had tremendous amount of success in that. And one of the things in the principles in that contract was that you espouse values and one of the things that I have had you repeatedly is espouse this session and frankly he impressed the heck out of me. And I think the word of you of this is that you all preach ethics in government. You preach doing the right thing. You also preach local control can you did that in 94, in that contract. I understand that leadership has to make deals with the other leadership in order to get things done. And I appreciate that but you members don't have to make those deals over there to get something done, and you know and your hearts that this is wrong. This is just played wrong. The man certifies something Mr. Speaker? >> For What purpose does the member from Mecklenburg, Representative Jeter rise? >> We arguing the amendment here or the bill? >> Yes, Yes. >> I believe the amendment has to do with the referendum please if the gentleman could change remark to amendment please. >> One of the ways you could correct this wrong is to allow the people of Asheville and Bumcombe county to vote for themselves and decide for themselves whether they want that. People follow your hearts on this one. Do what's right. You know what's right in your heart on this. Do it. Thank you. >> For what purpose does the gentleman from Durham representative Mitchell rise? Inquire the Chair. >> The gentleman may state his inquiry. >> Mr. Speaker, I've been looking at this and I've looked at the adjournment resolution from last year, and this appears to me to be local bill and if I remember the adjournment resolution it said that the only way that a local bill could be considered would be if the delegation agree on it and the latter/g was okay to have it. And I'm just wondering now if this piece of legislation follows that rule or not. >> The Chair has deemed this as an election bill which would be allowed. Further discussion further debate on the amendment? If not the question before the house is the passage of amendment A1 sent forth by representative Fisher. Those all in favor vote aye opposed will vote no five seconds be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] The court will lock the machine, record the vote. 48 having voted in the affirmative, 55 in the negative the amendment fails. >> Mr Speaker. >> The gentleman from Buncombe, Representative actually the chair is in possession of two amendments. Representative Turner, does the gentleman wish to send forth his amendment at this time?
>> Thank you Mr Speaker, I believe Rep Hager is Representative Hager is recognized to send forth an amendment the clerk will read. >> Representative Hager moves to amend the bill on page one line four through page eight line four. By re-writing those lines to read. >> The gentleman has the floor to debate the amendment. >> Thank you Mr speaker I wish I had some words that could keep this from being bi-partisan for being partisan I believe it's a bi-partisan amendment and I'm reminded of Representative London's words before I wish this bill could have been presented the way he liked to do it, so my amendment is very simple. It will require the city council of Asheville to come up with three single member electoral districts that would be voted on July 1st 2017. Representative, Fisher was right to say that only three percent of the municipalities in North Carolina have an all district system. The more common system is part district, part at large, and that's what I'm advocating here. In the regular election of 2017, the three city council members that will be open will serve for two years and then there will be the election for these districts in 2019. I would hope that everyone would see that this is a compromise and member of this body would see fit to support it thank you very much. >> For what purpose does the gentleman from Gaston Representative Hastings rise? >> Mr speaker believe it or not it actually was a mistake that I voted the wrong way on the Fisher amendment. I should be reflected as voting no. >> The gentleman will be recorded as having voted no on the Fisher amendment. For what purpose does the gentleman from Harnette Representative Lewis rise? >> To debate the amendment. >> The gentleman has the floor to debate the amendment. >> Thank you Mr. Speaker. Mr. Speaker and members, I want to commend the amendment sponsor cuz it's certainly a step in the right direction because it begins to create districts just doesn't go far enough and let the folks see how good it is to have local representation so I would ask you to defeat the amendment. >> For what purpose does the gentleman from Representative Bill rise? >> To ask the bill sponsor a questions. >> Does the gentleman from Harnett yield to the gentleman from Wayne? Yes sir. >> He yields. >> Representative Lewis I'm looking at the amendment and I'm trying to go through the bill and will this be considered what's called a famous cat fish amendment, which will actually kill the integrity of this bill? >> Representative Bill, I'd just encourage members to vote against it, I don't We spent too much time on this floor, tow my dogs and cats and stuff like that. >> For what purpose does the gentleman from Haywood, Representative Queen rise? >> Well I just rise to speak in favor of the amendment and a little common sense. >> The gentleman is recognized to debate the amendment. >> That might go along with it. If you have three districts you get geographic diversity, but at the same time you don't just divide up your city with areas of interest. You have two at large members that can partner with any of the other members of the council that come from geographic areas. So you have a sort of built in consensus, among the members of a city council. So I think this is a very sensible and common sense approach. And the reason it's much more popular than all districted cities. So I suggest that you give this some consideration and see if you would be willing to move to compromise position between members that represent this area. thank you. >> For what purpose does the gentleman from Buncombe Representative Hager rise? >> I just wanna speak on the amendment a second time. The gentleman is recognized to debate the amendment a second time. >> If people would just look at their map and look and see how forced these 6-6 districts are, it's a series of washed out blocks that neighborhoods if you knew the town, you'd know the neighborhoods don't fit well together. Three districts would be a whole lot better than these forced six districts. Thank you. >> For what purpose does the gentleman from Wayne, Representative Bell rise? >> To ask the amendment sponsor a question. >> Does the gentleman from Harnett yield to the gentleman from Wayne? >> I'll strike that,
Who is this? Representative Hager, does the gentleman from Buncombe yield to the gentleman from Wayne? >> Yes. Yes sir. >> He yields. >> Representative Hager, I just got a question. If district elections are good enough to elect this body, why aren't they good enough to elect local elections? >> I think that should be left up to local voters. I think nearly of the local governments are elected at large, when the cities get larger sometimes districts are useful. Thank you. >> What purpose does the gentlemen from Onslow Representative Shepard rise? >> Mr Speaker I have a question of Representative Turner but it might be best ask that question after the amendment vote. >> If it does not pertain to the amendment the chair would encourage the gentleman to wait but if it pertains the amendment the gentleman may wish to ask. >> Well it may. >> Does the gentleman from Buncombe yield to the gentleman from Onslow? >> I yield. >> He yields. >> Representative Turner I know that you left us some map on here and I just have a few questions about the maps, it was mentioned that the southern part of Asheville felt like they had not had representation. On this map that you left us where is the southern part of Asheville on here? Is that number six or number one, that's listed on here? [BLANK_AUDIO] >> Mr speaker may I respond? [BLANK_AUDIO] >>The gentleman has the floor to answer the question. >> Thank you Mr. Speaker. The district that you see in blue, would be considered South Asehville. You can probably creep that up a little further. Do you see that red bisecting line across five, which is i40 so you will typically think south of 40 or south of the park way is considered south Ashville and that's the area of Ashville that I represent. >> Followup. >> Does the gentleman offer any additional question? >> I yield. >> He yields. >> Now also on this map there is a big gap in between it almost looks like an arch on this area general here and I there's one are in pink that is not touching any of the rest of the area. Is that part of Asheville also? The little piece there? >> When the gentleman has yielded to the question the gentleman has the floor to respond without seeking permission to be recognized. >> Thank you Mr speaker so if you see kinda that hole in the middle where one, two, five and six would have wrapped around. That's Bill Moore state as well as the town of Bill Moore forest and then you see that little satellite paint down there toward the bottom I honestly can't tell you what that is. Okay. >> I appreciate your answer I just was trying to clear it from my own mind. Thank you it looked little complicated on here. Thank you. >> For what purpose does the gentleman from Guilford Representative Scott will rise. >> To debate the amendment Mr Speaker. >> The gentleman has the floor to debate the amendment. >> I heard representative Lewis say something earlier about this not being good because it goes so far to create some local input and some some local control but not far enough. I would also point out what Representative Hager said if you knew the town and then our inquiry is over the geography of Asheville, the placement of Builtmore. I think really shows that if we want to go far in terms of local control we should support this amendment or we should have supported the Fisher amendment which creates some mechanism for a local input into the city council districts in Ashville. So I ask you to support the amendment, what purpose does the lady from Bumcombe representative fisher rise? >> To speak on the amendment briefly. >> Lady has the floor to debate the amendment. >> Thank you Mr .Speaker, ladies and gentlemen I think that from the questions that we have received on the floor it's sort of makes the point that, people here are not familiar enough with the city of Asheville to be making this kind of a decision about the city. So I would encourage you to please vote yes on the amendment. Thank you. >> Further discussion, further debate. If not the question before the house is the passage of amendment A 2, set forth by Representative Hager. Those in favor will vote, aye those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] Representative Floyd gentleman care to vote, representative Earl, representative Hall, representative Reeves, representative Pitman, representative Ross. The clerk will lock the machine to record the vote. 40 having voted in the affirmative and 63 in the negative the amendment fails the gentleman from Bumcombe representative Turner is recognized to send forth an amendment, the clerk will read. >> Representative Turner moves to amend the bill on page one line four by deleting section one and substituting section one. >>The gentleman has the floor to debate the amendment. >> Thank you Mr.Speaker As we've all learned here today I represent the portion of Asheville
that's indicated here by district six, and as representative Lewis mentioned one of the primary if not the primary goal was the concern of luck of representation from that area. As a representative from that area I appreciate that concern, but I think there's a different process to get there if I would say that last year more than sixty members of this body are either sponsors or co-sponsors of legislation that would allow for independent redistricting. And I drafted this amendment with that thought in mind that there be an independent commission that would draw the maps for the city of Asheville. Now this amendment would do that, it would require an independent commission, one with knowledge of the city it's neighborhoods, And I would say maybe more important is geography it's topography. One thing might be of interest if you look at district four on here there's kinda of a little crab claw looking piece. That's because district four is separated by a massive mountain range and those two parts of the city have nothing in common. The original bill draws six districts this amendment would require a minimum of five, that way we are sure to get city council members from the different geographical regions and given as you can see from this map the city is laid out. We are guaranteeing a south district which is the goal and intent of this bill. [BLANK_AUDIO] We all have tried for 10, 15, 20. years, both sides of the aisle, both chambers. To get to a model where we are doing our districts independently, because we know that is what best serves the communities that are affected. This would be a non partisan independent commission. It would result in geographic representation. It would result in South Asheville having representation, but it would be transparent, it would be fair, it would offer us the peace of mind that we did the right thing. And so I hope that you will that you'll support this amendment and should this amendment pass. I would feel very inclined to support this legislation, thank you. >> For what purpose does the gentlemen from Harnett, Representative Lewis rise. >> To debate the amendment. >> The gentlemen has the floor to debate the amendment. >> Thank you Mr. Speaker. Members, I would ask that you reject this amendment. I believe the bill has filled out district based largely on the remarks that I made earlier today, and is certainly provides the city of Asheville the chance to try and kind of experiment and redrawing these after the census that they want to. But it's not needed at this time so I would ask you to vote no on the amendment. >> For what purpose does the gentleman from Cumberland Representative Richardson rise? >> To debate the amendment. >> Gentleman has the floor to debate the amendment. >> Folks I believe most of you have campaigned on the idea of having an independent commission, I think you all passed that a couple of years back, do redistricting. If this is the perfect opportunity to put an independent commission together and draw all the lines. In a fair way, what a neat study that would be. I think that we're all caught in somewhat a moral dilemma here with this thing. This is the perfect solution to, I can't imagine you all are battling with your consciences right now, I am. This is really bothering me I'm gonan support it I'm gonna almost stand on my desk. This just isn't right folks. This is a reasonable solution to a dilemma that this body is in in the negotiating with the other body. This is incredibly fair do the right thing and vote this amendment and let's study this and then let's pass this state wide redistricting commission to do it for everything, Congressional lines the state senate lines, state house lines. If we want to go to individual districts with cities let's do it with all cities not just one thank you. For what purpose does the gentleman from Nash,
Representative Collins rise? >> Briefly debate the amendment. >> The gentleman has the floor to debate the amendment. >> On the city that I lived in went from at large to an all district system probably [INAUDIBLE] decades ago, 30 yeas ago or so. I was much younger. We kept hearing from the left that the reason we were doing it at large rather than by district's was for racial reasons to violet the voting rights act. And so for years in fact for decades Rocky Mount it's had seven wards, and we elect seven council men and nobody's claim that's not fair. I notice that with the districts as they're currently draw on your map, the population of Ashevilleg for instance is only 13% African American. But two of these districts would have almost twice that concentration allowing them to have some influence on the election and I'm wondering if Asheville 30 years behind the times. >> For what purpose does the gentleman from, Henderson Representative McGrady rise. >> To ask the amendment's sponsor a question. >> Does the gentleman from Buncombe yield to the gentleman from Henderson? >> I yield. >> He yields. >> I'm aware, well aware actually, of efforts by elected officials to get the city of Asheville to do its own redistricting. Do you have any idea why the city council there would not do its own redistricting and sort of put senator Apodaca in the position he is to actually file this bill? >> Thank you representative McGrady, as you know, I'm new to this job so I haven't had a tremendous amount of experience with my city council. Cuz I can't speak to what is in their hearts and minds and what they may or may not have decided or had conversations with Senator Apodaca about the floor. But I will say that with this amendment, what we are allowing is that, an independent commission. tome in, draw districts . Districts that will guarantee a South Asheville district and representation, which goes to the heart of this bill. Getting geographical representation, allowing this commission to move forward would also be allowed to take into account local knowledge of neighborhoods of, topography of things like that. So that the statistics are drawn with local knowledge and not necessarily looking at census data and zip codes and precinct lines down here in Raleigh. >> Mr. Speaker. >> The gentleman from Henderson is recognized to debate the amendment. >> My district is I'm right down there near where there is number six. I am bordered right up against my colleague from Bumcombe district this point. So I'm very aware of these issues. And the issue is has been for a while that the south Asheville just Hadn't had a lot of representation. We went through a redistricting issue that was strongly objected to, not that many years years ago in Bumcombe, where districts were not needed and got imposed and now many of the people that were opposed to those districts subsequently have said that they were glad that we did what we did. This amendment has some appeal to me because I'm one of the primary sponsors of the none partisan redistricting provision. And therefore I look at this and I go well maybe I ought to support it, but the problem here is history I know the area. And I know for a fact that the mayor and coucil was asked to do this redistricting and for whatever set of reasons over whatever set of time it hasn't gotten done. and so the local legislators, Senator Apodaca who represents a portion of this, put forward the bill, as he was entitled to do, and therefore I would love to have independent. If they wanna put in place the independent re-districting after this, that would be perfectly fine. But as the Rules Chairman has said, we need to give this experiment an opportunity. And I hope you're voting no on the amendment and yes on the bill. >> For what purpose does the gentleman from Craven, Representative Speciale rise? >> To speak on the amendment. >> Gentleman has the floor to debate the amendment. >> I'm really having a problem with this, I wouldn't appreciate it if you all came through matching through my area and redistricting without my consent or my efforts or anything else and this is what I'm seeing going on. This isn't about Republican. This isn't about Democrat.
This isn't about ideology. This is about doing the right thing. Well it may have been classified an election bill. The reality is that it is a local bill. It is a local bill, and this is the kind of thing that we don't do during this short session. Unless everybody there agrees to it. And only one agrees to it so we're taking one man's opinion of how this thing should be districted. A city the size of Asheville and his gonna draw up a map and force it upon the rest of these people. I don't know what's going on I don't know the politics there. But I do know that if I was in the position that Representative Turner is in, I'd be very, very angry that everybody in this room is contemplating ignoring my feelings and doing something like this. I just think it's bad business. And it's bad business now and it will be bad business when it happens in your district and I think that we need to do the right thing and support this either support this amendment and support the Bill or vote the amendment down and vote the bill down. Thank you. >> For what purpose does the gentleman from, Gaston Representative Bumgardner rise? >> To debate the amendment the gentleman has the floor to debate the amendment. >> Thank you Mr speaker. I rise in opposition to this amendment because it does the very thing that I don't want to see done and that is creation of an independence so called commission. That's a bad idea its a bad precedence it is a fantasy to think that you can appoint an independent commission that will stay independent sooner or later, it's gonna become at least partially partisan. As the camels know in the tent, it pretty soon will be trying to do that state wide. And I don't support that, I'm not gonna support that. It's a bad idea elections have consequences and when the opposition party was in control of drawing lines, we didn't need an independent commission, now all over a sudden, we need one, so I would ask you to vote no on this amendment. >> Further discussion further debate, for what purpose, the question before the house is, the passage of amendment A3 sent forth by Representative Turner those in favor will vote aye, those opposed will vote No. the clerk will open the vote. [BLANK_AUDIO] Members go ahead and make sure you've recorded the system went down momentarily. Representative Adams, Representative Riddell, Representative Arp, Representative Floyd, Representative Erl, if the members in the floor. The clerk will lock the machine to record the vote. 43 having voted in the affirmative, 60 in the negative. The amendment fails. [BLANK_AUDIO] For what purpose does the lady from Buncombe, Representative Fisher rise? >> To speak on the bill. >> Lady is recognized to debate the bill. >> Thank you Mr. speaker. Ladies and gentlemen of the house, how often have we been reminded that counties and cities are the creatures of the legislature? [SOUND] How often has your city or town been reminded that it is a creature of the legislature, that the legislature created it and the legislature can dissolve it? Even if that city is a vital economic hub. Even if that city is governed by a diverse and talented group of dedicated folks who put themselves forward for election and scrutiny and raise the necessary funds to run for election and whoever a republican or a democrat, or an unaffiliated have led their city into becoming a destination for many of you here as well as your families. [BLANK_AUDIO] It is beyond my ability to understand why Asheville has been a continual target for authoritarian and penalizing legislation. For much of the 12 years I have spent here, Senator Apodaca has laid his example of how not to treat those you represent. Makes me hopeful about soon becoming the senior member not in age, of course, of a delegation who has a similar regard for our city, the same regard that I do.
I resent the idea that the current senior senator and rules chair feels he must take one last parting shot at the city of Asheville, when he in fact only represents a fraction of the residents of that city less than 10,000. And that he believed he could initially and without apology initiate this legislation from a place of dishonesty and deception. [BLANK_AUDIO] As a parent raising small children, I knew that I would get way better behavior from my children using positive rather than negative reinforcement for behaviors. When I allow them to choose from among Choices from among a set of good options that they were provided so that no matter what, they would make good choices. This bill gives Asheville no choice. This bill seeks to punish without explanation other than because the Senator said so. This bill is based on a false statement by the senior Senator from Henderson county. Henderson county Senate rules Chair who without regard for the ethical implications of his actions, filed the bill that stated t a not controversial and that all the members affected by this legislation were on board with it, all false. Under the Apodaca theory of representation, he says you can only represent people who live in a small geographic area around you so he can't represent people who live in Etowah or Mills River, because he doesn't live there. That theory is flawed, maybe that's the way he views his job that if you don't live in a place you can't represent it. But we don't operate that way in Asheville, we are responsive, we are not factionalized or separate. This bill proposes that we create factionalization. The Senator lives in Hendersonville and certainly represents a way bigger area that just Hendersonville. Ladies and gentlemen of the house I urge you to vote No and especially if you live in cities and towns that are trying their best to govern, your whole city or town because be aware yours might be next city to be gerrymandered. Vote red thank you. >> Mr speaker. >> Just a moment Representative Collins. For what purpose does the gentleman from Nash Representative Collins rise? >> I wanted to very politely wait till Representative Fisher was through with remarks, but I wonder if she would yield for a question. >> Does the lady from Bumcombe yield to the gentleman from Nash? >> I yield. >> She yields. >> Representative Fisher I'm troubled a little bit by some of the terminology I heard why does the city council of Asheville consider it punishment to have representation from all the different sections of the city going for decades that's the kind rhetoric was used to keep minorities and other people from having representation in the city council. >> Representative Collins I think your question reflects a lack of knowledge about that particular city, and I understand that. Because if people who don't live in a city aren't necessarily gonna know everything about it. The city of Asheville is diverse. The city of Asheville has had representation that comes from all parts, all walks of life, in Asheville. All colors, all religions all races and the main idea behind what I said is that the punishment pieces is that it doesn't even give Asheville a choice. Doesn't even give them a say in what's happening this is just sort of an arbitrary your gonna do this cuz I said so kind of an operation. So, that's my answer for you. >> May I have one follow up. I promise, just one. >> Does the lady yield to an additional question? >> I yield. >> She yields. >> I'm not gonna grill you, one follow up. >> All right. >> Has the city council ever given the citizens of Asheville the opportunity to express their opinion. by having a referendum on whether they would rather be represented by wards rather than at large. >> I really don't know the answer to that,
sorry. >> For what purpose does Billy Richardson rise? >> Briefly debate the- >> You are recognized. >> Members I apologize for getting up on this but this is really, really at the heart of the integrity of this body, I'm bothered by this bill on two fronts, when I was a young attorney in my zeal to represent a client I tried to fashion the facts in the way to, get the point of law in my favor. The Judge pulled me in the chambers and he said Mr.RIchardson, if it walks like a duck, it quacks like a duck, and it swims like a duck, it must be a duck. There is no question that this is a local bill. And to sit here and say that it is a state wide bill is just dis-ingenuous. Secondly, it bothers me a great deal, that we are voting on legislation that has a certification in there, that is blatantly false, blatantly false. The people of the state of North Carolina, the citizens of Asheville, if they don't deserve anything else they deserve an honest forthright placement of the bill before the body and an honest forthright decision every day in this body we do a beautiful thing, we open this place up with a prayer. And in those prayers I've heard repeatedly that we do the ethical proper thing and that we honor our Creator in what we do. How in the world is this honoring our Creator? How? If your child did something like this I know what you would do cuz I know the kinda people you are, you're good people. You would skin him alive. This is not right, this is wrong, vote this down. >> For what purpose does Representative Michaux rise? >> To speak on the bill. >> You are recognized. >> Mr. Speaker ladies and gentlemen of the house this session of legislature for a while has become known as lawyers legislature here recently we spend all $8 million in legal fees, defending bills that we have passed in this body and much of it has been dealing with election law, the voter registration and redistricting, I want to remind, just call to your attention a decision that was made on a similar redistricting matter where this body passed a redistricting bill that was not agreed to by all the citizens of that particular. Let me read to you what the court said. It said uncontroverted testimony and evidence adduced at trial showed that the legislative process relating to Session Law 2013-110 was truncated by, for example, not having community hearings and participation of the affected parties. And failing to incorporate any of the ideas that people profit, without even discussing it amongst the delegation first. You start departure from common practice, as a school board member, an a registered Republican critic, nothing was discussed, there was no opportunity to provide input, to have a debate or discussion about different election strategies. It was simply, I can't get this thing to work right. [BLANK_AUDIO] What this was was simply a non-controverted fact that this was forced upon that body. This decision is what was handed down this morning by the fourth circuit court of appeals involving the Wake County and re-districting case. >> Before I call on the next person, Representative Hager, just one reminder of protocol and this does not relate to Representative Michaux.
It is proper protocol to refer to other members in the third person, either singular or plural, not in the second person whether singular or plural. Representative Hager for what purpose do you rise? >> Speak on the bill. >> You're recognized. >> To answer some of the questions that you have asked in this body the reason districts have not been considered is because its really been basically a none issue. If you don't believe Asheville has a vibrant politics in which all questions are asked all the times and you are not very aware of our city. A second part of this is that we have a very strong and vibrant neighborhood association that makes every effort to make all the concerns of the neighborhood known to the city council. I'm gonna go through this one more time. Asheville council members are unanimous in their opposition to this bill, the Buncombe delegation in the House is unanimous in their opposition to this bill. Senator Van Duyn who represents approximately 90% of the City of Asheville is in opposition to this bill. Only the Henderson County who represents a small portion of the city is in favor of this bill. As you heard the bill was originally filed as a local bill. And you heard all the controversy about that. The bill was then sent to the Senate Redistributing Committee rather than the local committee where it was heard last Friday. The Asheville mayor [UNKNOWN] and two city council members drove to Raleigh to protest the bill. The mayor made her case in the committee meeting. The bill was passed, it came to the house, B897 does not allow for either a referendum or local Local input to make up the districts. Current counsel members are double and even triple boned. SB 87 is once again a solution looking for a problem. SB 87 has no business coming before the house at the end of the short session. The passage of SB 897 asks the narrative that the leadership of the General Assembly is all about big government in Raleigh interfering once again in local matters best left to local leaders. The North Carolina General Assembly should not abuse its powers by coercing election law changes in a city for no other reason and the senator from Henderson county think its a good idea. I believe that the very integrity of this body is at at stake in how it handles this Bill, but I would also add that the city will surely file law suit. And as you heard from Representative Mitchell, the Wake county districts lost their battle in the courts and those districts will be thrown out in the November election. We don't something like that in Bumcombe county, please, let's get beyond our, parties and divided, please vote this Bill down.Thank you. >> For what purpose does representative Dobson [UNKNOWN] of it now rise? >> Debate the Bill. >> You're recognized. >> Thank you Mr. Speaker. Members, I tried to not necessarily View things in a ideological prism or even through party, but to ask myself and I know that you all do as well, what's best on my district on this vote? And I've thought about this one a lot. Asheville is right next door to me but I don't have any particular, allegiance to Asheville or anything like that. But I have thought about this one a lot. And I know that if someone came to me or didn't come to me and said, we're gonna change the town council of the city the of Marion or we're gonna change the town council of the small town of Bakersville or the town of Newland. With or without your consent this is what we're gonna do. Members that would bother me and we've heard and said here today regardless of party that the members of the city of Asheville have concerns about this. So for myself and again I think Representative Speciale was exactly right in what he said as well.
Probably said it better than I could. So members for me personally because I would move this to be done to Marion or Newland or Bakersville or Danarel/g or any other small town that I represent. I'll be voting no on this bill thank you. >> What purpose representative Pitman rise? >> Speak on the bill. >> You're recognized thank you Mr.Speaker like I find myself fairly awkward position because from what I've heard frankly, I have a felling that this redistricting probably needs to happen. However I also believe do unto others as you have them do unto you, and it appears what's happening looks like the Bumcombe folks don't folks don't want to do it this way, similar thing was done to me last year. Rules are supposed to be that in short session all the members from that district are supposed to agree before we run local bill and long session it doesn't have to be that way and yet my attempt to have a referendum to re-district in Cabarrus County was held up before we recruit members last year I delegation- >> Mr.Speaker [CROSSTALK] suspend for just a moment please. >> Point of order please, why is he talking about the Buncombe County bill not the Cabarrus bill, would you ask the representative to steer in the right direction please? >> You may continue. >> We are also talking about doing things fairly and I was just pointing out that I had suffered the same kind of unfairness last year. That's why I supported the amendment that was offered by the lady from Buncombe because even as I might think you need to do this redistricting, let's do it fairly and I felt the was a better way to do it, that's why i supported that amendment. Since that amendment did not pass, even though I think the redistricting probably needs to happen. I will not vote for this Bill. >> Representative Speciale for what purpose do you rise? >> To speak on the Bill. >> You are recognized. >> I hate being in opposition to someone in the party that's trying to get something done. We all like to take care of our folks. I don't know what the prevailing thought is in here what's going through everybody's mind but this isn't about redistricting this isn't about party for me this is about doing the right thing, this is about honor. I came up here with this body with my integrity ad my honor and by God when I leave here it is going to be intact. And there are some things that do cross party lines, there are some things that are clearly right and clearly wrong. Now we have a lot of grey area here sometimes we don't know which way to go and so we're gonna lean in the direction of our party or our coccus/g or whatever it may be. But I just don't understand. I'm hoping when we get ready to push those buttons that everybody sees clearly. That the button to push would be the red button because it cannot be justifiable for us to do this to one man's district, if it's not justifiable to do it to our own, thank you. >> For what purpose does Representative Jones arise? >> To debate the bill. >> You are recognized. >> Thank you ladies and gentlemen of the house I was very hesitant to speak but I will say this, I think you've heard a lot of eloquent talk from both sides of the aisle. People that are sympathetic on this issue. And I'm sympathetic to the members from the Buncombe County delegation. I want you to know that I am. And this is kind of where I am at this point in the debate. We've heard a fair amount of debate from the other side of the aisle. That quite frankly troubles me to a degree. And before I get to that let me just say this as I look at this, I believe these elections will take effect in 2019 so if I'm correct about that and I can stand corrected if that's not the case but as I read the Bill, it would be 2019, so if this bill passes today, and I believe by what I've seen so far it probably, will, the Buncombe delegation has an opportunity to come back early next year and plenty of time and perhaps offer some other solutions there. It seems to that this side of the aisle might be very willing to take up, when I looked at the amendments,
there was some by-parts and vote there and it was very clear close. And so I do think that there is sympathy for what you are going through and what you are trying to do. In my opinion some of the arguments that you try to make in accomplishing your goal ring a little bit hollow with a lot of the side of the aisle. We were told that our consciences really should be bothering us because we didn't like the idea of the independent redistricting, and we had a member stand up that was a part of this body, in previous terms, when the other side of the aisle as in the majority and as we all know over the many, many decades, there was never an independent redistricting that was passed on in this general assembly, an in fact I never real heard anything about it and never heard any effort from the majority party to pass that, until the day after November 2010 election, there may have been somebody here that worked for that and I see some heads and that may very well be, but the fact of the matter is there was no independent redistricting, so that portion of the debate- >> Mr Speaker? >> [UNKNOWN] For what purpose, does Representative Hamilton rise? >> With all due respect, I think that the member may have drifted from the bill that we are currently considering since we have disposed off the amendment with an independent redistributing already. >> The gentleman may continue on the bill. >> Thank you Mr. Speaker. The point I'm trying to make is, that in sympathy for what you're trying to do, I think if you came back in the next session and offered some different solutions and different arguments you might actually be successful in changing that, but another argument I'm hearing about this is that general assembly just needs to stay out of the business of the local cities and as we all know, the cities are the creatures of the general assembly. I've heard other issues that have been debated that kind of compare the states to the federal government in the same way that cities are compared to the state. And we all know that's absolutely wrong. The states created the federal government. The states created the cities and we know that whether you like it or not, this body has every constitutional and legal right, to go in and make changes at the local level with the municipalities. Quite frankly, this body right here Could revoke the charter of a city, they could combine counties, they could re-draw county lines, they could do all kinds of things. So I think its a bit dis-ingenuous to make that kind of argument, and finally I would just say that if what you really want to accomplish is having a system that people did come to the table and are willing to admit that perhaps there's problems when everyone that's on the council is from one particular area of town.And other areas are not being represented and we have heard from any of the cities people from Asheville that there's not happy about that. Maybe you do come back with a different plan. Something like Representative Turner from Buncombe came forward with the plan. The problem with his plan in my opinion was that it included the independent redistricting and the city of Asheville was going to determine that. And I think that many people would be Would be troubled by that. There might be a better way to do it. So with all that said, my heart does go out, am in sympathy. But I'm going to vote, with the Senator. That put this plan forward with the idea that perhaps he might like to come back next year and revisit the issue again, and it wouldn't be too late to do that. So I will vote green. >> For what purpose does Representative Blust rise? >> To speak on the bill. >> You are recognized. >> Thank you Mr. Speaker, and I hate to use one of the tight/g worn out phrases that Representative Daughtry used in his excellent monologue earlier. But I was not gonna speak on this and was reluctant. And I hope you will bear with me cuz I have just developed a splitting headache since this bill came up and I don't know if its related to this bill or not but I'm sitting here compelled to speak and wondering why. >> [LAUGH] >> I'm wondering why anyone even needs to say what I'm
gonna say. Because unless somebody gets up and challenge him factually, this bill is not eligible. I don't care what you call it. This is a local bill. And you wonder why what's going on in politics is going on today, why we're all up and you won't [INAUDIBLE]. I was just in a race as Harry Warren was, Julia and some others and they, the public hates everybody that's in politics now. You have a tremendous advantage if you've never run. >> Representative Blust. >> I'm on the bill, Mr. Speaker. >> Representative Blust I ask you to. keep the volume down a little bit. >> This is really the content is fine it really is angering me that the double speak and nobody believes the word any of you say. No matter what you've done you could be totally innocent your at link because you're in politics and it's things like this is local bill and I know what's going on. Work and the session the sponsor holds a lot of the cards on the other side, and I'm sure that there are things that aren't gonna pass if you guys don't pass this. And just to be frank I kinda act innocent I know Representative Setzer asked me something last night, but I know the way the thing works. I know the way this place works very well tried to change it and it won't change until members insist on changing it, and don't go along with the powers and I know I'm never gonna be anything here, so maybe I'm free to say it, something about me keeps me from getting ahead in this body. It's amazing how I can be successful in whatever endeavors but here you can't be like me and get anywhere because you've got to play these games. And when you start playing these games you do become part of the problem. So we should not play this game. This Bill should be voted down because, it's a local Bill that's not eligible by our rules and our rules mean nothing. Your word means, nothing in the marine, you have a code of honor, so I'm not surprised that you stood up. And if we're gonna ever get back honor and the believe of people, we have to start showing it, in the way we act. So I don't care, what they do to him. They can't do anything more than what's been done anyway but hold your head up high. I think you will be proud of yourself even if you don't get anything. Even if they come down on you, if you start doing the right thing and the right thing on this bill it may be great on its merits. This may be a great thing to do for the republic for better government. I have my doubts we have this issue with Greensboro last year just no way to get good government in my opinion out of this cities. We can shuffle it up anyway we want they are gonna elect the same type people to lead them. So I don't see this doing any good but I think this is doing enormous harm to the institution. When you call something what its not knowing you know inside you know in your heart this is a local bill, and to just go through the motion and pretend its not because you need something from the the other side you're diminishing yourself. And like Representative Speciale no matter what happens when its my last day Representative Daughtry I wanna walk out if here knowing I never clawed. I'm not gonna claw out of here even if I get nothing. I'm going to hold my head up high, and think I did the best I could and I didn't compromise principle and if you hit that green button you are compromising principle. It's time to vote this down, take whatever consequences may come from the other side cuz that's where courage and leadership is. Is the willing is to take whatever hits may come your way. I hope we won't go through with this it's bad for this institution. Thank you. >> What purpose does the lady from Forsyth Representative Conrad rise. >> To debate the Bill briefly. >> Lady has the floor to debate the Bill. >> Well I do serve on the elections Committee here and had the opportunity to review this earlier today. I believe Representative Turner did place a map on your desk showing the proposed districts. What he did not put on your desk and this was available to all of you that we saw in the Election's Committee is the same map with a red dot showing the residential locations of the current City
Council members. And unfortunately I left that back in my office rather a large map where I'd be able to hold it up so you can see. But if you could see it, you would see that those red dots would be clustered around the number two on this map and perhaps a little bit beyond that into five. I don't recall any representation in the pick area number one or any representation in number six or in, most of number three to the north. Great I have a map here where if you could see that circle. You can see where all the members live. I come from Winston, Salem and we've had districts for some time. Yes, diversity is important whether you're talking about race or gender or whatever. But I do feel that geographic diversity does bring a community together and I think it's very healthy. I think that's what really sold me on the bill was when I saw that map, there was in deed there probably are many citizens in Asheville that feel, that they are not represented. I tried making my decisions on whether I consider logic, and sometimes a picture can, or a map, is worth a thousand words and to me, I did not have to take, making the motion in the elections committee for a favorable report and I hope that that perhaps map would help you have a calmer decision on whether this is a good way to go forward and I feel that it is thank you. >> For what purpose does the gentleman from Transylvanian Representative Whitmire rise? >> Speak on the Bill. >> The gentleman has the floor, To debate the Bill. >> I'll be brief, we're getting long winded to representative Conrad points, the merits of this despite passionate debate on both sides is simply put the good people of Asheville, there are some that don't have a hope of having anyone to represent, their values and what they stand for. And this gives a better service to being able to have all the districts, to have one and I ask you that you support the bill, thank you. >> For what purpose does the gentleman from Harnett, representative Lewis rise. >> To debate the bill a second time. >> Gentleman has the floor to debate the bill a second time. >> Thank you Mr. Speaker. Mr. Speaker and members, I appreciate the time this chamber has devoted to this matter today. I do wanna arise and address some of the points that have been made. When asked about running this bill, I have deemed that this bill is an elections bill This bill was run through the elections committee with members given the chance to speak on the bill, to amend the bill, to debate the bill, to question the bill, to do whatever they wanted to the bill. Because often times we scream into the microphone about the process when we fail to acknowledge that even when the process is followed if we don't like the outcome we still try to find some way to blame the process. So I'm gonna tell you that this bill is before us now because the filer of this bill believes that he has the responsibility to provide for what he has decided is better representation for the people who live in Asheville or an opportunity for them to elect somebody to get some geographic diversity on the city council. We can go on and on on and we can talk about who said what to whom and who's on first and what's on second, but the merits of this bill are that it puts one of our crown jewel cities in this state to have a similar system of government like eight out of 10 of them already do. This method is being proposed as not new or novel it's common place it's the way it's done, in the larger cities. I don't know why this city has not chosen to do districts before. My guess is because those, that have the authority and the power within the city to do it are pleased that they have that power, and they maintain the concentration on it. We walk a fine line in this chamber and in thus body, I don't stand up here and lightly, advocate trying to infringe upon local control, but I will re-emphasize, I can't remember who spoke today about the oath that we all take, we all supposed to be serving the people back home and sometimes the people back home means fighting political establishments back home that you think need to be changed,
this Bill is properly before us, this Bill seeks to impose a common sense districting system on a great city in this state and of course, gives the city the full authority after the people had the chance to pick somebody to sit on the city council, if those same people decide to go back to a different form of representation they have the authority to do it. But to think anybody is gonna voluntarily give away the authority is silly and that's why this bill is before us today. I'd appreciate your support so we can vote on this bill and move on. >> For what purpose does the gentleman from Rutherford, Representative Hager rise? >> To speak on the bill. >> The gentleman has the floor to debate the ill. >> Thank you Mr Speaker. As Representative Lewis said, people in general, it spelled in their DNA don't give up power easily or willingly in a lot of cases. Folks on the other side of the aisle [UNKNOWN] have talked about this several times is the minority of folks want to be included. They want to have a say in their government, they wanna be able to sit back and say, yeah I can join in with my fellow folks from whatever my county, my city, whatever. And I can make this city and county better. In this current way of doing business, that doesn't happen and as Representative Conrad showed you, you can elect folks from a very small circle in this city or even a county. And they supposedly represent the will of folks that may be very different from their own. They may have an ideology very different, they may have a background very different, they may come from a different part of the world than them. They don't understand what they wanna do with the city and how they can help. And they don't wanna relinquish power very easily. I think this dismal/g government is a good way to get everybody involved in the government. You know our first business and I've said this numerous times on this floor. Our first responsibility as legislators, is to protect our citizens, and that's not only protecting them from harm, that's to protect them from being pushed downtrodden and giving them a say. So we have an obligation to make sure folks in Asheville, in Charlotte, in Rutherfordton, n wherever have a say in the government. We find that they don't we need to fix that guys and I'm just amazed that the folks on the other side of the aisle wants to say its okay for the minority of folks that may be out there not to have a say in government. I thought you guys were for the little blue collar guys. The guys that are working hard everyday but yet what you wanna do is have small group of elite folks control the city and say that's okay because they've always done it. Now all over sudden since his bill has gone through there's maps flying all over the place an ideal spot all of the place don't you think it would be change. Shame on you guys. What we need to do Republican Democrats join together on this and lets go ahead and give folks a say in Asheville. Lets vote green on this bill. >> For what purpose does the gentleman from Cabarrus Representative Pittman rise? >> To speak on the bill a second time. >> The gentleman is recognized to debate the bill a second time. >> Ladies and gentlemen there's an old saying you can't have it both ways but I guess that's not so, cuz I appreciate what the Representative from Harnett County said. He's probably right that the resistance to redistricting is so the small group of people that hang onto power. Saying is, that's the same exact reason that my bill last year was not allowed to be heard. >> The gentleman is out of order, the gentleman will take a sit. >> For what purpose does the gentleman from Craven representative Speciale rise? >> To speak on the bill a second time. >> The gentleman has the floor to debate the bill. >> I have to agree with the gentleman who just spoke about our obligation to have a say in government that the citizen should have that obligation but if that was such an obligation, why isn't there a referendum? There isn't a referendum because the suspicion that the people in Asheville would not support the districts, so what we have here is some people up here feeling that the districts are the best thing for Asheville even though they don't live in Asheville and that we don't want that group of people to say what should be done for the citizens of of Asheville but we wanna say what's being done should be done for the citizens of Asheville. It's talking at both sides of our mouth, and it's taken us around in circles, the bottom line is, the legislators that Represent that district should all be in agreement to what goes on in that district here in the short session. Now next year if a bill gets brought up and they don't all agree, Se La Vie.
But this is a short section and our rules say they must all agree. They do not all agree, only one agrees. All the rest of them to include the other senator does not agree and we should not be taken our own opinion enforcing it, the decision of the anointed that we know better than the people, the citizens of Asheville, because we maybe don't agree ideologically with the citizens of Asheville or the city, council of Asheville. I'm sorry but we don't need to agree with them because we don't there and the people that live there selected those people that are representing them on the city council and we don't have to like them and we don't have to agree with them. And this is the problem we've had, in the past with some of the other redistricting that we've done and there's a point where we've got to say enough is enough and we've got to stand up and let the people deal with their own government, if the people run in their government are incompetent, the citizens are gonna find out and they need to stand up and if they don't stand up then they deserve incompetent government. What they don't deserve is people up here, hundreds of miles away making decisions for them that should be made by their city council. I personally happen to agree that districts are better than the at large. I think it's better I think most of us agree with that. But it's not it, we should never have forced it upon anybody especially when their own legislative delegation does not agree on it. Let them figure it out. There are, Craven county, there are two other representatives and the senators. If everyone of us didn't agree upon we go no business putting in this bill this session to redistrict anything there, because we don't agree on it and that's our rules please vote red. >> For what purpose does the gentleman from Scotland representative Pierce rise? >> To ask representative Fisher from Buncombe county a question please. >> Does the lady from Buncombe yield to the gentleman from Scotland. >> I yield. >> She yields. >> Representative in the form of a question I think it's public record that it was alleged that it was under false pretenses and you use the word unethical and so if we're getting to a point still in the question for getting to the point where we're doing something it is unethical and under false pretenses can you help me understand why this body would go fourth with something they know was wrong. >> Mr.Speaker. >> What purpose does the gentleman from Hanett representative Lewis rise? >> parliamentary inquire to the chair. >> The gentleman may state his parliamentary inquire. >> Is the bill properly before this chamber? >> The bill is properly before the chamber. >> Inquire to the chair. The gentleman is recognized for an additional inquiry. >> Have members reviewed the requirements and our roles not to disparage personalities? >> I can't decide whether members have reviewed that the members would be I managed to remember that at all times. The question before of the house is the passage of senate bill 897 on the second reading those in favor will vote aye. >> Mr speaker ->> The clerk will open the vote. >> [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine to record the vote, 48 having voted in the affirmative 58 in the negative, senate bill 897 fails second reading. House be at ease >> Mr. Speaker. >> What purpose does the lady from Guilford representative Harrison rise? >> I need to change my vote on civil 508 please, no to yes please senate bill 508. >> The lady will be recorded as voting yes on senate bill 508 on second reading, and representative pierce the chair wants the gentleman to understand that the chair put the question the chair wasn't trying to to cut the gentleman what the question was put, we had to proceed. >> Thank you Mr speaker I understand thank you. [BLANK_AUDIO] [BLANK_AUDIO] House bill 884 the clerk will read.
>> [BLANK_AUDIO] Representative Lee Brown house bill 884 a bill to be entitled an act to to amend the law regarding APC lectures i certain townships. North Carolina general assembly enacts >> The gentleman from Yucking representative Zachary is recognized for a motion. >> Mr.Speaker I move to concur with senate committee substitute for House Bill 884. >> Further discussion further debate? >> Yes. > Actually the gentleman is recognized to debate the motion. >> This is a public bill that applies anywhere in the state where the conditions are met. The conditions are met in Wittenburg township and Alexander county. The Alexander county commissioners have requested this bill, senator Wells and I agree on this bill. The bill provides that an ABC referendum can be held only if the commissioners or 25% of the voters request it. Over the years staff tells me that 24 townships have had votes like this and that in fact in 2015, I think we approved 2015-103 Which was a bill like this so I appreciate your vote. >> For what purpose does the gentleman from Wake representative Stam rise? >> To speak on the bill. >> The gentleman has the floor to debate the bill. >> Mr. Speaker, members of the house, I'm having some paper passed out to just so you'll understand this bill. It is blatantly unconstitutional under article two section 24 J of the state constitution. Let me explain and of course we all and representative Zachary is correct there are some of these in the statutes today but guess what, beginning in about the 1990's, these began to be challenged and there were almost none of these added since then because under Speaker Hackney's speakership, he put In the rule which is still there that amendments that are clearly unconstitutional are not in order and usually those things are done as amendments this one in particular is a bill itself it's not an amendment so that doesn't make it out of order but as I'll explain, it's clearly unconstitutional so you can't vote for it. Now representative Zachary says that this is a public bill but in discussions in the senate, it was made very clear that this only applies in one place. And as you know, well if you read the bill history, this has never been to a committee in the house. This is a street bill come over for concurrence and with that happens from time to time. But this particular bill is blatantly unconstitutional for reasons I'll explain. What Article II Section 24 J. Says is that local bills are ineligible on certain subjects. And if they are adopted, they are utterly void. That's in our constitution that we took an oath to support. Now the state supreme court in McIntyre Vs Clarks I believe, and the paper that I'm passing out will have all the details and you can read it. You may enjoy it and you may realize sort of what lawyers actually do in court because this is a fickle issue that I've won twice in court on this identical issue when the Lumberton folks tried the same thing and when the Halifax folks tried the same thing. I'm trying to think where Lumberton and Halifax representatives are, they may remember this. The these special things thrown out. And our state supreme court has said that regulation of liquor is a trade. And subsection J says one of the subjects upon which you cannot have a local bill is labor or trade. It also says in the state supreme court decision, that it doesn't matter whether you call it a public bill or local bill, or you say it affects the moon and the planets, and the sun and the moon
and the stars, if it only applies to a small area in North Carolina and not based upon some rational basis of why it's that place instead of another, it is a local bill within the meaning of the constitution. Now I was hoping the proponents of this would withdraw the amendment and then I wouldn't have to talk so long especially at 6:15 but the case law is absolutely clear on this. On a scale of one to ten, some cases, you have a theory and you hope you'll win but on a scale of one to ten of unconstitutionality this is a 11, there's no doubt about it, and I would just hope you would not, agree to vote for this on July the 1st, by the way that's another very common thing about these unconstitutional local liquor provisions, they almost always come up in the old days on the last day of session or two and, we have had very few in the last few years because when i saw one coming up, I'd go see speaker [UNKNOWN] and he'd say yeah you're right, we're not gonna run that and then I'd go see speaker [UNKNOWN], and he'd say, yeah we're not gonna run that one either, and I'm, encouraging you to maintain that precedence that we're just not gonna do this anymore. >> For what purpose does the gentleman from Nash Representative Collins rise? >> To ask our ABC committee chairman representative Boles A question. >> Does the gentleman from Moore yield for the gentleman from Nash? >> I do. >> He yields. >> Representative Boles I know you follow all of this ABC deals pretty closely and I had at least had that there has already been a referendum I don't know is in the township or county but basically this bill will circumvent the will of the people that's already been established in a referendum, is that correct in any way? >> That is correct the thing is 2013 and this is a dry/g county. >> Followup please? >> Does the gentleman yield to additional inquiry? >> He yields. >> Do you know whether that referendum was countywide or was just in the township. >> I would assume, I don't know, I cannot answer that but this is not a municipality, there's not ABC commission there, there's nothing there now. >> Might I ask representative Zachary a question? >> Might I Representative Zachary a question, does the gentleman from Yadkin yield to the gentleman from Nash. >> I do. >> He yields. >> Zachary the referendum that Representative Bolls was referring to, was that a countywide referendum? >> It was a countywide referendum and there is in Tigerfoot/g is the county seat and there is an ABC commission there, they have liquor for stores off premises and we can buy everything in Tigerfoot/g >> Thank you. Speak briefly, the gentleman has the floor to debate the bill. >> It looks to me that here rather than if we accept this bill to vote green looks like rather than thwarting the will of the city council we are thwarting the will of actual people who have already spoken on the issues, so I certainly hope those of us who are such champions of the people are not imposing the states will on locals who in fact have already expressed their opinion at the ballot box I certainly hope we'll back them up and vote Red on this bill. >> For what purpose does the gentleman from Guilford Representative [INAUDIBLE] arise. >> To see if Representative Zachary would yield for a question. >> Does the gentleman from Yadkin yield to the gentleman from Guilford. >> He yields. >> Thank you Representative I'm looking at the North Carolina constitution section 24J which is referenced to by Representative Stam regulating labor trade mining manufacturing. Representative Stam said that ABC would fall under trade buy my understanding and looking at this bill is that we are not promulgating a regulation we are allowing a referendum within the township. Is that correct? >> That is correct, it would just be in the township and in that township the vote was 70% to 30% in favor of ABC Referendum in 2013.
And- >> Does the gentleman wish to ask an additional question? >> Yes Mr. Speaker. >> And does the gentleman from Yadkin yield to an additional question? >> I do Mr. Speaker. >> He yields. >> I believe you said that yourself and senator Wells who represents this township are in agreement on this bill is that correct? >> We are. >> Okay and another question Mr speaker? >> Does the gentleman yield to an additional question? >> I do Mr speaker. >> He yields. >> And you said that the county commissioners as well? >> And that's correct the county commissioners actually request this bill by resolution. >> Okay Mr speaker may I debate the bill? >> The gentleman is recognized to debate the bill. >> Thank you, members in light of the comment that was recently made by Representative Collins there is another ABC chair in the chamber and that would happen to be me and I've reviewed this bill. I'm somewhat perplexed I'm not a constitutional scholar I don't think I ever will be but I'm somehow perplexed by the constitutional argument, I see Skip is over here looking at me he's probably gonna have more to say on that. But members as far as the Bill is concerned looking at the merits The Bill this is only allowing a referendum we're not promulgating regulation, we're simply allowing this township, and the Bill's written very specifically for Alexander county for the township of Wittenberg to hold a referendum to decide if they want to allow ABC sales and to me that's very reasonable and for that reason I would ask you to support the Bill. >> What purpose does the gentleman from Catabwa Representative Adams rise. >> To debate the Bill. >> The gentleman is recognized to debate the motion to concur. >> I am not a lawyer but I am a commercial real estate broker in Catawba county. Alexander county is a neighboring district to my district and I do support this bill. I wanna give you a little context of what's going on here. Bethlehem is just north of Lake Hickory which is on the North side of Catawba county. Bethlehem has had a single shopping center for about 35 years. Where there's a Lowes Foods and there's a small shops. Lowes Foods has outside five stores within a certainly seven miles radius, and this store is in jeopardy because there are no alcoholic beverage sales there. If that store closes, that center closes and this will create a food desert in effect. Because there's a fair amount of population that lives along the northern part of lake Hickory and Alexander county, all over the serve by two lane roads and these people would have to drive into Catawba county to get their groceries. Now it wasn't always as difficult for the shopping center until a super Walmart was built neighboring Caldwell county. And the market has just been shrunk drastically. If you can see fit, you would do this community a service to allow them to choose on this. I actually was involved with the referendum in Caldwell county that made super Walmart possible when we pass alcohol beverage sales and had taken 60 years to do it. And it finally passed two to one because it was not viewed as alcoholic beverage sales as much as it was and economic development move, so like I say I'm not a legal scholar and I'm not gonna carry on about the constitutionality. I see this as an opportunity for people to make a decision for themselves, and I think that it would be good for us to allow that. Thank you. [BLANK_AUDIO] >>Yeah. >> What purpose does the gentleman from Moore Representative Bowes rise? >> To debate the bill. >> The gentleman has the floor to debate the bill. >> Thank you Mr chairman well here we go again. In the ninth end with two outs, time to go home and all over sudden we seeing ABC bill, and probably has suspicion we'll see some more. Because we don't wanna take them through the committee in the proper. This bill started out in April the 15 as a reinstate set of debt collection of UNC healthcare and that was in April of 2015 and it we passed it here 114 to 0. Gets over in the senate and they wanna strip it the next thing we
have a new terminology we find out they have liquor deserts >> [LAUGH] >> So > I can't wait till we try to appropriate coolers for liquor desserts. But there's where we're going. And I guess chairman Hardister is correct but my concern is that all this should be vetted. This bills should be vetted through the ABC because if we would have known they were liquor desserts I think we could have made some appropriations. So I'm opposed to this and this is probably not the last one you gonna see. And you know it's discouraging that all the ABCs always get tucked on to the rear, they've known about this since early June, when they stripped it and of course you hold it, that's what the Senate does to you. So I am against it. Representative Stam has already told you and you should have it on your desk now, the legal hearings from it and the rulings. And I'm assured that that council will be having legal fees, but representative Bumgardner I'll address you in a little bit and- >> For what purpose, just a moment, for what purpose does the gentleman from Gaton Representative Bumgardner rise? >> See if Representative Bowes would yield for a question. >> Does- >> Not right now- >> The gentleman from Moore yield to the gentleman from Gaston? He does not yield. >> Thank you Representative Bumgardner. But thank you all for creating a new desert and we can't wait to the appropriate for new coolers. Thank you. >> Mr speaker for what purpose does the gentleman from Gaston representing Bumgardner >> Asking him if he'll yield for a question, now. [CROSSTALK] he yields? >> That's the question thank you Mr. speaker. That's the question I want to ask you. Could we get an appropriation of our coolers so that we can have healthy liquor stores coolers, and not have these liquor deserts. >> Yes sir. Thank you. >> For what purpose does the gentleman from mecklenburg representing Bishop rise? >> To debate the motion. >> The gentleman has floor to debate the motion. >> Thank you Mr. Speaker. I though that I would just to the extend Representative Hanes/g has raised any doubt Representative Stam is exactly right. And this brief covers specifically that is to say when the constitution talks about regulating trade. It's talking about laws governing trade and the cases that Representative Stam sites in this brief which is really pretty close [UNKNOWN] but apart from that they are specific on the facts. There's a series of cases that leave the principals of local act regulation that's unconstitutional that involve liquor by the drink referendum. It's very straight forward and I guess I would say to Representative Stam's point about how this was handled that the chair in prior, times but certainly on this side of the aisle there was no disrespect intended. We all have a conviction I hope about the constitution, we talk about it quite a lot. If something violates the constitution it's our responsibility not to support, that thing. Candidly with respect to the policy here I could see both sides of it, it might go the other way, but it's simply unconstitutional so we can't do it, it's just that simple. >> For what purpose does the gentleman from Transylvania Representative Whitmire rise? [INAUDIBLE] The question? >> To whom does the gentleman wish to direct the question. >> The best of my memory and I should've been paying closer attention, Representative Boles. >> Does the gentleman from Moore yield to the gentleman from Transylvania? >> I do and I'll try. >> He yields. >> Could you please remind us when the people affected by this voted fairly recently they didn't want this, what was the year? >> Representative Zackary could answer that more correctly. [BLANK_AUDIO] >> Does the gentleman wish to address a question to representative Zackary. >> Please. >> And does the gentleman from Yucking yield? >> I do >> He yields. >> It was 2013. meaning its been three years ago. >> Okay recently thanks. >> For what purpose does the gentleman from Wake representative
Stam rise? >> To speak a second time. >> The gentleman is recognized to debate the bill a second time. >> There are three reasons why you should vote no on this bill, representative Hadister the gentleman Gentleman from Guilford impaled/g himself on the horns of a dilemma. If you recall at the very beginning of the debate, Representative Zachary was very clear that this is a public bill. Because number one I gave him a copy to brief a few hour ago. So and it would end to be a public bill or bill legal. And yet when the gentleman from Guilford asking questions he made clear that it was a local bill, and that the [INAUDIBLE] and the representative from that area was support it so she treat it like a local bill. And it is a local bill and that's why it's unconstitutional. There is a second reason that you should defeat this. Protect the environment, on third reading I will have all the cases for you to read. [LAUGH] And the third reason is if this is the third reading I wanna protect your time because I have a lot more to say about it. [LAUGH] >> For what purpose does the gentleman from Yadkin Representative Zachary rise? >> To speak on the motion one last time. >> The gentleman is recognized to debate the motion to concur a second time. >> Yeah I've read Representative Stam's brief, and I disagree with it and we were in law school together and had the same professor, his just been here a while longer than I have. But since the prohibited subject the general assembly shall not enact any local private or special act or resolution regulating labor, trade, money, or manufacturing. It doesn't say not voting and I would point out that the case that Representative Stam handed out deals with an act to authorize the alcoholic beverage control Commission to issue certain permits where those permits were for they were alcohol licences for various places along I95. And so in that case they were regulating what took place at those places on 95. This is for a vote, this is not for the bill to say yes you can sell alcoholic beverage juice or no you can't sell alcoholic beverages. So I would argue that that it's differentiating, so. And the other thing is at Alexander County in the last year went up over 12 cents on their tax rate because they just don't have enough tax base to pay for their schools and their other things and they really need the sales tax From alcoholic beverages so thank you. >> The question before the house is the motion to concur with the Senate Committee substitute to house bill 884. Those in favor will vote aye, those opposed will vote No the clerk will open the vote. [BLANK_AUDIO] The clerk will lock the machine and record the vote, 22 having voted in the affirmative, and 81 in the negative, the motion fails. Madam clerk the chair directs that the conferees for house bill 169 known as the regulatory act of 2016 are hereby dismissed and the new conferees are Louis, McGrady, and Bishop, the Senate will be so notified. For those filing that is not the regulatory reform bill this is the one [INAUDIBLE] bill that is not actually being acted upon. >> Mr speaker, for what purpose does the gentleman from Chowan Representative Steinberg rise? >> Thank you Mr speaker would you be kind enough to please record my vote as a no the last vote. >> The gentleman will be recorded as having voted no on the preceding Bill. Mr Speaker. >> For what purpose does the gentleman from Robeson Representative Graham rise? >> [INAUDIBLE] change on the last vote to no. >> The gentleman will be recorded as having voted no on the preceding Bill. For what purpose does the gentleman from Hanover Representative Davis rise. >> Mr Speaker could I please be recorded as voting no on Senate Bill 897. >> The gentleman will be recorded as having voted no on Senate Bill 897 the House will be temporarily at ease.
[BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] Ratification of bills and resolutions the clerk will read. >> The enrolling clerk reports the following bills duly ratified for presentation to the governor. >> Senate bill 124 an act to modernize the law of government to use of And assume business names to make relating conforming and technical amendments as recommended by the General Statutes commission to clarify how the industrial commission refers matters to integrate criminal contempt to district court to remove certain property from the state nature and historical reserve and to authorize the deletion of various properties from the state caucuses. Senate bill 326. An act revising the condition under which which counties and cities may inspect buildings or structures. Senate Bill 482. An act to make technical and clarifying changes to the limited liability company act to further define employees and employees' rights to inventions invented by employees. Senate Bill 667. An act to create consistency in the time provided to complete election canvases to require the Attorney General to defend local acts against spatial challenges and to provide valid ordering for county municipal judge in the court of appeals, to require explanatory captions for constitutional amendments in our ballots and to authorize the joint legislative Elections oversight committee to study municipal elections of even numbered years, to update the filing period of elections in the city of Greenville and to provide for the participation in the census redistricting data program for the return of election data. Senate bill 673, an act to provide recovery from the capital related costs incurred by the natural gas utility for constructing, natural gas infrastructure for a large manufacturing employees. Senate Bill 747, an act to require the department of administration to actively manage the state's portfolio of real property to require measurement of the current utilization of state owned facilities; to ensure the accuracy of the real property inventories maintained by the department of administration, and to ensure that the use of state owned space is maximized before leases are entered into or renewed, as recommended by the program evaluation division of the general assembly. Senate Bill 770, an act to provide further regulatory relief to the agricultural community. Senate Bill 865, an act to make administrative changes to the State health plan For teachers and state employees statutes, they increase the number of local government able to participate in the state health plan, and to make changes in the state health plans premiums paid by local government employees. Senate Bill 886, an act to honor Captain Bradley long and all future firefighters and rescue squad workers killed in the line of duty by amending the North Carolina firefighters' and rescue squad workers. Pensions fund provided survivorship benefits to members of the killed line of duty. We consolidate public records laws related to retirement and to make the retirement administrative changes. House bill 561, an act to modify the regulatory school system which involves the legal proceedings and the vast case is the direct program. Evaluation division to study the process of resolving education for institutes between local board of education involves the county commissions. House bill 805, an act to provide the measurebility assessment program which provide certain county services and trust land in Eastern Band of Cherokee Indians and to make technical clarified and other To the current operations capital improvement, appropriations act 2016. And the following bills duly ratified and properly enrolled and and proposed/g for presentation to the office of the [INAUDIBLE] secretary of the state. Senate bill 898 an act to appoint [INAUDIBLE] various public officers upon recommendations of the president pro tem. With the senate and the speaker of the house of Representatives and a majority leader of the Senate and the main technical changes. Senate bill 132 an act to amend charter to town of Colombia and extend the terms of office of the mayor and clarify the members of the board [INAUDIBLE] to serve four years stack returns to [INAUDIBLE] and to make immediate possession a rare property condemn by the town for Recreational Purposes and Connect Hope Mills Lake Town Project. Senate Bill 739. An Act Adding Certain Described Property to the Corporate Limits of the Town of Rolesville. Senate Bill 848.
An Act Amending the Charter of the Town of Cary to Delegate to the Town Manager the Authority to Grant Utility In the assessment of renters and other similar interest in Real Property over town owned property and authorized by the town to sell exchange or otherwise transfer the real property as subject to restrictions. >> [BLANK_AUDIO] Chapter Bills will be noted. [BLANK_AUDIO] The chair has directed to transmit Senate Bill 508 the Senate by a special messenger. [BLANK_AUDIO] [BLANK AUDIO] For what purpose does the gentleman from Wake Representative Stam rise? >> To make a The gentleman is recognized for a motion. The house will come to order. [SOUND]>>Mr. Speaker members of the house, I move that the having voted on the prevailing side that the vote by which house bill 884 short title of [INAUDIBLE] ABC election be reconsidered and would like to speak on that. The gentleman has moved the reconsideration of house 884 on second reading and has the floor to debate the motion. >> Thank you I hope you'll vote with me to reconsider that and if you do, the bill will sent to the rules committee for either of more appropriate purpose or no purpose. >> Further discussion further debate, seeing none the question before the house is the motion to reconsider, senate committee substitute for house bill 884. Those in favor will vote Aye those oppose will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The Clerk will lock the machine and record the vote. 87 having voted in the affirmative 10 in the negative, the motion is adopted. Madam clerk Chair directs that House Bill 884 be removed from the calendar and referred to the Committee on Rules, Calendar and Operations of the House. Members, we are about to go into recess until 9 PM. Notices and announcements. For what purpose does the gentleman from Henderson Representative McGrady arise. >> Mr speaker I was in the chamber I just didn't get to the button in time if you'll show me as voting Aye. >> On the motion to reconsider. >> Yes sir thank you. >> The gentleman will be so recorded. [BLANK_AUDIO] [BLANK_AUDIO] Mr speaker. >> For what purpose does the gentleman from New Hanover Representative Davis arise. >> Thank you Mr speaker if I could please be recorded as having voted yes on whatever we just got through doing. >> The gentleman wants to vote yes on the motion to reconsider, the gentleman will be recorded as voting yes in the motion to reconsider. >> Thank you Mr speaker. >> Members we are still in session and its difficult for members to hear we are going to recess shortly, but members could please keep conversations down it will allow us to transact renaming business prior to recess much more quickly. For what purpose does the gentleman from Rutherford, Representative Hagar rise? >> For an announcement. >> Gentleman has the floor for an announcement. >> Thank you Mr. Speaker. Republicans will caucus at 08:30 in 1228. >> For what purpose does the gentleman from Harnett, Representative Louis rise? >> For an announcement >> The gentleman has the floor for announcement. >> Thank you Mr. speaker. Mr. speaker and members of the committee on roles calendar and operations of the house will meet immediately upon the recess in room 228. Will consider two bills. Senate bill 821 short term role and technical corrections and senate bill 890 short internal elections every four years town of [INAUDIBLE] >> For what purpose does the gentleman Forsyth representative Lamberth rise. >> For announcement. >> The gentleman has the floor for an announcement. >> All conferees on retro reform, meet in the speakers office right after session, former president and future conferees. >> I'm not sure when you say the future conference might be but all right for what purpose does the gentleman from Richmond Representative Goodman rise. >> Inquiry Chair. >> The gentleman make status inquiry. >> Mr Speaker if you got some kind of tentative idea about what the rest of the schedule would be.
>> Well at this point it appears that we have, one bill remaining on the calendar today that has a series of amendments. We have, I believe two bills to come from the rules committee and we have two to three conference reports outstanding. I believe that is it. So the hope is that when we come back at nine it is the chairs hope that their will be conference reports submitted on the bills. Where an agreement is reached and that we will have everything in the posture that needs to go to the senate to also go to the senate. The senate also comes back at 9 o'clock, depending on what happens on those remaining bills that would determine whether we adjourn this evening or whether there is a reason to have a session in the morning. And until we know the process of those bills, we won't know exactly what that is. So I wish I could give a more clear answer but it still to be determined. For what purpose does the gentleman from Durham Representative Hall arise. >> For an announcement Mr speaker. >> The gentleman has the floor for an announcement. >> Democrats will caucus at 8:30 in 1425. >> For what purpose does the lady from Mecklenburg Representative Connie rise? >> Inquiry of the chair. >> The lady is recognized for an inquiry. >> You told us some at point today at one point that you did not think we would go past 10 o'clock, does that still stand? >> [BLANK_AUDIO] I don't know. [BLANK_AUDIO]. For what purpose does the gentleman from Rowan Representative Warren rise? >> Mr Speaker I was just wondering if I can ask a question of Representative Daugherty or Representative West? >> Does, no. >> Well the gentleman can but he will probably need to drive to some location other than Raleigh to do so. Also I suspect that the fact that they're not here to answer my question about their desire to reconsider leaving. [SOUND] For what purpose does the gentleman from Lincoln representative Saine rise? >> For an announcement Mr. Speaker. >> The gentleman has the floor for an announcement. >> Mr.Speaker I would like announce that the finance committee would not like to meet at all any more. So we you go to this committees and look at this bills. Please do not try to add something that will require us to go back into finance thank you. >> Gentleman from Mecklenberg representative Brawley wish to announce a finance committee meeting. >> No, Mr.Speaker I do not. >> The house will come to order, [SOUND] for what purpose does the gentleman from Pennsylvania representative Whitmire rise? >> Point of personal privilege. >> The gentleman is recognized to speak to a point of personal privilege. >> Folks I know the days are long and timeless drawing near and I figured now is a better time than later. So I want to just briefly thank you all for your service and dedication certainly there's many talents in here and we don't always always agree on everything, our backgrounds, our walks in life, or subject matters expertise and those people that we reach out to make us better and smarter, we appreciate it in so many ways. Its indeed been an honor and a pleasure, I'm not out the door it yet I will finish my term and I hope everybody knows if you haven't heard my reason for not running for re-election is just sometimes in life there's things that you don't have the opportunity to dictate the time line .aAd the airline that I have flown for and had been on a nice leash where I was deferring going back, finally that time came to a point where I had to either go back or not in a nice way it wasn't anything bad. So when I'm flying over our great stay I'll be maybe occasionally sending you all and some of you have received a picture of your district looking down from 40,000 feet, but I will simply ask you this and you'll see me I'm not gone and I hope you all keep in touch If you are in the mountains give me a call please, but just ensure that what motivates you are good purposes, purpose driven lives accomplished a lot more and do a lot more good and do the right things for the right reasons. Then again thank you all tremendously. >> [APPLAUSE] [SOUND] >> For what purpose does the gentleman from Columbus Representative Waddel arise. >> To be recorded as yes on the motion to reconsider and to tell all this bodies I'm not going to make a lot of speech today I enjoyed serving with you and Representative Daughtry I did not catch the bug because I didn't stay here long enough to get addicted to it. >> [APPLAUSE] >> [SOUND] For what purpose does the gentleman from
Wake Representative Martin arise. >> To speak to a point of Personal privilege. >> The gentleman is recognized ask to speak to a point of personal privilege. >> Thank you very much Mr.Speaker, members as the gentleman from Transylvania did pick this time to say farewell. I did wanna say a few things about him and about another member who I hope will some time before she departs also say a few words before she leaves. I live here in Wake county, you'll are in my district right now. When I set up and we recess I'm gonna drive 10 minutes and see my wife and daughter. I make almost no sacrifices to be here there are many folks with families like mine who make a huge sacrifice in time and gas bills to be here. The gentleman from Transylvania is one of them, the lady from Mecklenberg representative Cotham is another. And I just want to say to both of them how much I respect the time they've spent away from their families to come serve the people of North Carolina, it's been an honor to serve with you both. I particularly wanna say farewell to representative Whitmire whose had an added burden also at least one week of weeks out of a month two weeks out of a year and a whole lot of other times, to clam himself in the flights he used to fit into and go serve our country in the air force reserve. Sir you will be missed thanks for your continuing service to our country. >. [APPLAUSE] >> For what purpose does the gentleman from Mecklenburg representative Bradford rise? >> A very quick moment of personal privilege. >> The gentleman is recognized to speak to a point of personal privilege. >> I wanna wish my seat mate a very happy birthday. Dan Bishop happy birthday may we get out soon, thank you. >> For what purpose does the gentleman from Hertford representative Hunter rise? >> Speak to a point of personal privilege. >> the gentleman is recognized to speak to a moment of personal privilege. >> Mr. Speaker I would be scooting out to handle a few. This weekend is my 17 anniversary and I have a 5 am flight. But that's not why I rise. I rise because of the gentleman next to me, my seat mate who's leaving. He's very passionate and I like that. I didn't like bow ties when I got here, he taught me how to tie one. And Representative Julia Howard says I look good in them. >> [LAUGH] >> I just wanna thank Representative Baskerville for being a great seatmate, a great legislature and great friend. >> [APPLAUSE] [BLANK_AUDIO] >> For what purpose does the lady from Wake, Representative Holley rise? >> For a personal privilege. >> The lady is recognized to speak to a point of personal privilege. >> Well I as Representative Baskerville's first seatmate and grasshopper All I have to say to you is you have learnt your lessons well and we know you'll be doing great things. Thank you. >> [APPLAUSE] [BLANK_AUDIO] >> Further notices and announcements. Seeing none the Chair declares the be in recess subject to the ratification of bills messages from the Senate. Committee reports, conference reports, re-referral of bill resolutions and appointment of conferees to reconvene at 9 pm. And without objection the session will go past 9 pm so order. [SOUND] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]
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July 1st 2016. Mr. Speaker [INAUDIBLE] speaks to the House of Representatives with information that the conferees appointed failed to resolve the differences arising between the two bodies on HB169 Senate committee substitute Number three. A bill to be entitled an Act to provide further regulatory relief to the citizens of North Carolina and have been dismissed. Second conferees are respectfully requested and the president for a temporary appoints Senator Apodaca, chair, Senator Tucker, Senator Rucho on the part of the Senate, the [INAUDIBLE] would like [INAUDIBLE] body to the [INAUDIBLE] differences arising may be resolved. Respectfully, Sarah Lang. Principal Clerk. Noted. Special message from the Senate. House Bill 483, Senate committee sub number 2. A bill to be entitled an Act to Make Changes to the Land Use Regulatory Laws of the State. For concurrence in the Senate Committee Substitute 2 calendar 36B [BLANK_AUDIO] Representative Lewis is recognized to send forth the committee report, committee on rules, calendar and operations of the house. Senate bill 821, GCS technical corrections, favorable with house committee substitute unfavorable to senate committee substitute two. House committee substitute number one calendar 36b. Senate committee substitute number two on favorable calendar. [BLANK_AUDIO] Representative Lewis is recognized to send forth an additional committee report. Clerk will read. >> Representative Lewis rules calendar and operations of the House committee report. Senate Bill 890 elections every four years, town of Marietta. Favorable Calendar 36B [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]
[BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] Special [INAUDIBLE] the Senate the Clerk will read. >> Mr. Speaker it is [INAUDIBLE] that the message be sent to the House of Representatives with information that Senator Rucho has been removed from the conferees and Senator Guun has been added to the conferee on House Bill 169. Senate committee substitute number 3 sixth edition. A Bill to Be Entitled an Act to Provide Further Regulatory Relief to the Citizens of North Carolina. Respectfully, Sarah Lang. Principal Clerk. >> Noted. [BLANK_AUDIO] [BLANK_AUDIO] >> The House will come back to order. The Chair declares the House at ease. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] Senate clerk will read. >> Mr speaker it is ordered that the message be sent to the house of representatives with the information that the senate adopts the report of conferees for house bill 1039. Conference committee substitute bill to be entitled an act to Act to Increase Authorization to Sampson County Occupancy Tax and to [INAUDIBLE] Special Tax Introduced for Harnett County, and Authorizes Special Tax Condition be Levied on Occupancy Tax and Modify the [UNKNOWN] County Occupancy Tax. When the appropriate action has been taken by both chambers, the bill will be ordered enrolled. Respectfully [INAUDIBLE] Sarah Lang> Principal Clerk. >> Noted. [BLANK_AUDIO] [SOUND] >> Ratification of bills and resolutions the clerk will read. >> The enrolling clerk reports the following bills duly ratified for presentation to the Governor. Senate bill 803, an act to make technical clarifying and administrative changes to the revenue laws related statutes. House bill 728, an act to amend laws and fees pertaining to various occupational licences boards. >> [BLANK_AUDIO] Chapter bills will be noted. [SOUND] The gentleman from Wake,
Representative Dollar, is recognized to send forth a conference report. The Clerk will read. >> Conferees appointed to resolve the difference between the Senate and the House of Representatives on Senate Bill 838, a bill to be entitled an act to require further recording from the Department of Health and Human Services related to transportation and medicaid and NC Health Choice Programs, to modify certain provisions for medicaid transportation, legislative house committee substitute favorable 52516 submit the following report. The Senate and the House agree to the following amendments to the House committee substitute and the Senate concurs with committee substitute as amended. The General Assembly of North Carolina enacts. >> Calendar, without objection, this evening's calendar. What purpose does the gentleman from Craven, Representative Speciale, rise? The gentleman from Wake, Representative Dollar, is recognized for a motion. >> Mr. Speaker, I move that the conference report for Senate Bill 838 Be placed on the board and just before the body, does the gentleman move the adoption of the conference report? >> I move adoption to the conference, does the gentleman desire to debate the motion? Move the adoption of the conference report for senate bill 838 Further discussion for the debate? I see why, the gentleman is recognized to explain the conference report. >> Thank you Mr. Speaker and members of the House I think to explain to you what we did we passed 838 out of here it was probably unanimous vote but there were two word differences between the senate and the house. We finally resolved those that were different, but also, we had a couple of things that came up in the interim that's also involved cuz the base bill involves the medicaid reform that we passed last year and some Additional enhancements to that in correction and adjustments they are in. What we put into the bill in addition to what I just told you is some clarifying language that the Medical Society and some of the providers were looking for. That was agreeable to all sides and we also put in a provision that's agreeable to all sides of the department for graduate medical education, to ensure that we continue to be able to pay for graduate medical education. Which of course is one of those fundamental things to our state and to Medicaid reform. I'll be happy to answer any questions. >> Further discussion further debate? Seeing none the question before the House is the adoption of the conference report Senate Bill 838, Those in favor will vote aye those opposed will vote no, the clerk will open the vote [BLANK_AUDIO] Representative Lewis, does the gentleman wish to record on the vote? [BLANK_AUDIO] The clerk will lock the machine and record the vote. 94 having voted in the affirmative and 9 in the negative, the conference report Senate Bill 838 is adopted Senate will be so notified. >> Mr. Speaker. >> For what purpose does Robeson Representative Graham rise? >> I would like to be recorded as voting aye on that bill. >> The gentleman will be so recorded. [BLANK_AUDIO] >> Members the chair is in receipt of House Bill 483. House Bill 843 is Land use regulatory changes. Calendar without objection this evenings calendar, so ordered. >> Mr. Speaker? >> For what purpose does the gentleman from Cumberland Representative Floyd rise? >> I would like to be recorded an aye on, 838. >> On the presiding bill that we just done? Is that correct the gentleman will be recorded as voting aye on the presiding bill. For what purpose does gentleman The gentleman from Richmond Representative Givens rise? >. Same here Mr. Speaker. >> Gentleman will be recorded as voting aye on the presiding bill. >> Members the Chair senate bill 890 has been previously read in the short title is elections every four years. Town of Marietta counted 36 Explain without objection the Sidney's counter so ordered. Chair's also in possession of Senate Bill 821 General statue commission technical corrections 1 counter 36B without objections the Sidney's counter so ordered. [BLANK_AUDIO] House bill 483. The clerk will read. >> Representative Jordan house bill 483 a bill to be entitled an act to make changes to land use repository laws of the state, general assembly North Carolinian acts. >> General from Ashe Representative Jordan is recognized for a motion. >> Yes motion. Motion to concur. >> The gentleman's moved that the House do concur. The gentleman has the floor to debate the motion. >.
Thank you, Mr. Speaker. House Bill 483, land use regulation changes. We passed that out of here last April, 102 votes. Since there had 10 sections continued to work on it worked on it with the Senate, going through a couple of Senate Committees Is here at the end. They've tremendously cut it down to five sections. Two of them county, two of them city and what it says now is it simply says it's gonna vest phases of multiphase real estate development projects if the cities or town or counties have approved the development plan. It got to be at more than 100 acres and everything has to be approved. In which case it vests which means that rules change. The land never has to agree to a rules change. It's been vetted. There's no opposition from the league or the county like there was before. And everyone says it's much better bill and I would suggest We vote green. Further discussion further debate ? If not, the question towards the house is the motion to concur with the city committee substitute of house bill 483 . Those in favour to vote Aye those opposed to vote no. The clerk will open the vote . [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 95 having voted in the affirmative and three in the negative the motion to concur is adopted, the bill is ordered enrolled and sent to the governor. Senate Bill 890 the clerk will read Senator Smith. Senate Bill 890. A bill to be entitled an Act to Allow the Town of Marietta to Hold Municipal Elections Every Four Years. The General Assembly of North Carolina enacts. >> For what purpose does the gentleman from Robeson, Representative Graham, rise? >> To speak on the bill, Mr. Speaker. >> The gentleman has the floor to debate the bill. >> Thank you, Mr. Speaker. Members, this is a very This is a very simple bill, a small community of Marietta North Carolina. The mayor and the town council would like to have their election every four years as opposed to two years. The whole community of 100 plus is in agreement with this and I certainly would like to have your vote. Vote Green thank you. >> What purpose does the Gentleman from further discussion for the debate if not the question before the house the passage of Senate bill 890 on its second reading, those in favor will vote I.Those opposed will vote No. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 97 having voted in the affirmative, none in the negative. Senate bill 890 passes its second reading will without objection be read a third time. >> General assembly of North Carolina enacts. >> The question before the house House is the passage of Senate Bill 890 on its 3rd reading, those in favor will say aye. >> Aye! >>Those opposed no, the ayes have it. Senate Bill 890 passes its 3rd reading. Bill is ordered enrolled. Does the gentleman from Columbus wish to be recorded as voting aye on the 2nd reading? >> Yes. >> The gentleman will be recorded as voting aye on the 2nd reading of Senate Bill 890. Senate Bill 821 the clerk will read. Senator Hartsell Senate Bill 821 an act to make technical corrections to the general statutes as recommended by the general statutes commission and to make additional technical and other amendments to the general statutes.General Assembly of North Carolina enacts. >> for what purpose does the gentleman from Harnett, Representative Lewis rise? >> To debate the Bill. >> Gentleman has the floor to debate the Bill. >> Thank you Mr Speaker. Mr Speaker if I could be recognized as to have sent forth an amendment I think the clerk has it, hope the clerk has it. >> It's not up here. The clerk is in possession The amendment is. >> I apologize. [BLANK_AUDIO] >> [COUGH] >> Clerk will read. >> Representative Louis to amend the Bill on Page 37, lines 10 through 16 by deleting those lines. >> The gentleman's recognized to debate those amendments. >> Mr. Speaker, we've attempted to pre-conference this bill. I missed this part. I respectfully ask the body to concur with removing it from the bill. >> Further discussion, further debate? If not, the question before the House is the adoption of amendment 81 Sent forth by Representative Louise, those in favor will vote aye, those opposed no. Clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] Representative Pitman,
does the gentleman wish to record on this vote? Clerk will lock the machine and record the vote. 98 having voted in the affirmative, 1 in the negative the amendment is adopted. The gentleman has the floor to debate the bill. >> Mr. Speaker, may I have staff on The staff. Permission has the staff granted. >> Thank you. Mr. Speaker, the hour is late. I've been here 15 years. This is the most technical technical corrections bill I've ever stood for. We did go through every provision in rules. There was a good attendance in rules. I don't even Recall there been questions asked. So I'd be happy to answer any questions on this bill but for, in the interest of the sanity that is already fleeting in this chamber. I'll just sit down. >> Further discussion, further debate? >> Mr Speaker gentleman from Wake, Representative martin rise? >> To make a technical correction to the rules chair's comments. >> Gentleman is recognized to debate the bill. >> His tense was wrong. He said that common sense is flying out of here. It is long since it's flown out of here but with the last recess. [LAUGH] >> For what purpose does the gentleman from Wake Representative Dollar rise? To inquire. >> Does the gentleman from Harnett yield to the gentleman from Wake? [INAUDIBLE] The gentleman withdraws the question. >> Mr. Speaker. >> For what purpose does the gentleman rise? Could the house be at ease for about 45 seconds? >> Yes. [BLANK_AUDIO] >> Mr. Speaker. >> What purpose does the gentleman from LIncoln Representative Saine rise? >> While we're at ease apparently there's malfunctioning at my desk mostly on me I didn't vote on 890, but as the chambers I'd like to be recorded as voting aye. >> Gentleman to be recorded as having voted aye on Senate Bill 890. [BLANK_AUDIO] >> Thank you. [BLANK_AUDIO] >> Mr.Speaker. [BLANK_AUDIO] >> For what purpose does the gentleman from Gaston Representative Hastings rise? >> While we're at ease ->> We're not at ease the gentleman has the floor. >> Well they are discussing a matter will it be in order and please Mr. Speaker if I had just a moment for a personal privilege? >> The gentleman is recognized to speak to a point of personal privilege. In fact this is a great time to speak to a point of personal privilege while the adhock committee meets. Around Representative Lewis desk. >> And I wanted to be very brief but by the time we finish it'll be possible a bit of time before I have this opportunity. But the kids and parents and people in Cleveland and Gaston County that has kept me busy the last few years. By winning and being part of so many national championships. We've had [UNKNOWN] and Bumgardner of North Gaston and [UNKNOWN] and not just all the- schools in Cleveland and Gaston county. And then I also wanted to pay special attention in light to [UNKNOWN] High School baseball team for wining the state championship. And I appreciate the opportunity for the moment to congratulate [INAUDIBLE] >> For what purpose does the gentleman from Vance representative Baskerville rise? >> Question for the bill sponsor. >> Does the gentleman from Harnett yield from the gentleman from Vance? >> looking at page 42 when we are talking about county boards of elections and state board of elections adopting plans for implementation dealing with absentee ballots. If I'm reading it right on page 42 looks like line 7 and 8. This bills says that no planet adopted by the state board of elections and excise be supervisory authority maybe challenged in a petition for judicial review. What is that section about why is that necessary? [BLANK_AUDIO] [BLANK_AUDIO] >> Representatives thank you for the question,
I'm gonna answer to the best of my ability. This was a request from the State Board. It is trying to clarify that changes of this nature would go through an administrative process as opposed to a judicial process. >>Mr. Speaker the gentleman recognized send forth an amendment. >> Clerk will read. >> Representative Lewis wishes to amend the bill by deleting those lines. >> The gentleman has the floor to debate the amendment. >> Again Mr. Speaker, just trying to make this as purely technical as we can. I missed another section. I'd appreciate the Option of the amendment which removes an entire section from the bill. >> What purpose does the gentleman from Orange, Representative Meyer arise.>> Thank you Mr.Speaker I'd like to ask the gentleman from Harnett a question. >> Does the gentleman from Harnett yield to the gentleman from Durham. >> I yield. >> He yields. >> Thank you Representative Lewis, what section does it delete and what's included in that section ? >> Thank you Thank you for that question Representative. Let me [BLANK_AUDIO] >> Representative Lewis, this amendment does not fit the bill the amendment will be returned to the gentleman. [BLANK_AUDIO] [BLANK_AUDIO] >> Representatives, the intent of the amendment which I will Was sent forward in a reversed fashion in just a minute would be to delete section 35 in its entirety. Thi is just the policy that wasn't vetted and I apologize that it made it this far. [BLANK_AUDIO] [BLANK_AUDIO] Has the clerk received the corrected amendment at this point? The gentleman from From Harnett is recognized to send forth the revised amendment. [BLANK_AUDIO] The clerk will read is the same amendment it's just been corrected. It had a techno graphical error on it. Clerk will read. >> [UNKNOWN] most amended bill on page 38 lines 13 through 38 by deleting those lines. >> The gentleman has the floor to debate that amendment. >. Thank you Mr speaker this deletes section 35 of the bill in its entirely for the reason I have just addressed with the gentleman Orange. >> Further debate further discussion on the amendment? For what purpose does the gentleman from Durham representative Hall rise? Thank you Mr. Speaker. A question for representative Lewis. >> Does the gentleman from Harnett yield to the gentleman from Durham? >> He does. >> He yields. >> Thank you Mr. Speaker. Representative Lewis, I see this as the section on open and fair competition. Is that correct, section 35? >> Yes. Yes sir. >> Is this something that's anticipated to be [SOUND] added later or can you explain to me where we are now with this section coming out? Representative Hall, with the speaker's permission, would you direct that to Representative Dollar please sir? >> Answer this question >> Does representative Hall does the gentleman wish to direct that question to Representative Dollar? >> Certainly >> And Representative Dollar does the gentleman yield? >> I yield. >> He yields. To answer your question Representative Paul, this is a section that a number of the members all around this chamber are concerned about with respect to state employees, there's a policy issue, I think you'd be very happy. >> What purpose does the gentleman from Craven represent [INAUDIBLE AUDIO] >> [INAUDIBLE AUDIO] The sponsor to answer a question, does the gentleman wants to direct it to representative Louis with a gentleman direct the question to representative dollah I believe this is truly his amendment that representative. >> I'm sorry I gotta question on the bill. >> On the bill not on the amendment?
All right then further discussion, further debate on the amendment seeing none the question will Question before the house is the adoption of the amendment 82 sent forth by Representative Louis. Those in favor will vote I , those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] The clerk will lock the machine and record the vote. 98 having voted in the affirmative and none in the negative, the amendment is adopted. The gentleman from Crayden is recognised to tender a question to the gentleman from Harnet. Will the gentleman from Harnet yield? I do. >> He yields Representative Minshawi the gentleman's recognized to ask his question. >> Could you please explain section 23A what what that does? >> [BLANK_AUDIO] Actually, section 23 in general. [BLANK_AUDIO] Representative, thank you for the question. I'd like to do two things. One, i'd like to read from the bill summary. And then i'd like to try to answer it myself, if that's okay. Section 23 We would amend two laws regarding purchase money mortgages or days of trust, to apply when the secured party is a third party lender, as well as when the third secured party is a seller of real property. This section will become effective when it became law. The short answer to what you asked, this is trying to correct a statute which may clear that if a seller sold something and financed it, it was secure but it left some question if there was a third party finance company involved. >> Further discussion, further debate on the bill? >> For what purpose does the gentleman from Cleveland, Representative Speciary rise? >> To follow up on that question? >> Does the gentleman yield to an additional question? >> Mr. Speaker and Representative Speciary, respectfully would you consider addressing to Representative Bryant of Mecklenburg? >> I'll address it to anybody with an answer. >> Does the gentleman yield to an additional question from Representative Speciary? >> I'll try. >> He yields. >> I'm still trying to understand section 23, a. I don't think this look like the same thing. I gotta be honest, I think this is on the purchase money. Basically I think this is a clarification based on some court rulings, We're trying to make sure that a purchase money seller If you go, buy a house from someone who is a seller, that was already protected under the [INAUDIBLE] was lapped out. This is actually just making sure that third party financing situation, is treated the same way, it was really just to address some court cases that made that unclear, it was unclear what the answer was gonna be. For what purpose does the gentleman ´from Vance, Representative Baskerville rise? >> To ask the bill sponsor a question. >> Does the gentleman from Harnett yield to the gentleman from Vance. >> Yes sir. >> He yields. >> Thank you Representative Lewis I appreciate your answer to my question about that section 43. went by on page 42 you indicated that. My question is, are there provisions that will allow for any sort of review of this board of election determination about one stop voting, early voting absentee ballots. Since this technical corrections eliminates a challenge in the form of a judicial review what sort of review is available for folks to challenge that state board of elections planned in with those sites for early voting once that voting absentee ballots, etc. What type of review if available since we can't do judicial review anymore? >> Representative I sincerely appreciate the question. This a request from the board of election, is making clear This is an administrative procedure. To be candid with you, I don't know anything else about it. >> For what purpose does the gentleman from Durham Representative Mitchell rise? >> To ask Representative Lewis a question. >> Does the gentleman from Harnett yield to the gentleman from Durham?
>> Yes sir. >> He yields. >> Representative Lewis, who is the judge that's mentioned in section 15 on page 15 representative term of the special superior court judge commencing on first match 2011 shall expire in the last thing on is September 30th 2016 who is that judge? [BLANK_AUDIO] >> Judge Gale sir, Judge Gale. >> What purpose does the gentleman from Guilford Representative Blust arise. >> Representative Lewis will yield for a question. >> Does the gentleman from Harnett yield to the gentleman from Guilford? >> Yes sir. >> He yields. >> Representative Lewis I'll try to ask you this very softly you- >> I actually really I appreciate that Representative Blust, had to buy some [INAUDIBLE] >> You've said that all these are- >> Could the gentlemen please speak up. >> [LAUGH] [LAUGH] >> You've said that all this are technical from the bills title is the general statutes commission technical corrections did all this come from the General Statutes Commission? >> No sir is the vehicle that was used sections one through 14.1 came from the General Statutes Commission. >> Further discussion further debate, if not the question before the house is the passage of Senate bill 821 on its second reading. Those in favor will vote Aye those in opposed will vote No the clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] Representative Shepherd the gentleman wishes to record on this vote? The clerk will lock the machine to record the vote. 96 having voted in the affirmative Three in the negative Senate Bill 821 passes its second reading and will without objection be read a third time. >> General Assembly of North Carolina enacts. >> The question before the house is the passage of Senate Bill 821 on its third reading, those in favor will say Aye, those opposed No. The Ayes have it Senate Bill 821 is ordered engrossed and sent to the Senate. Message from the senate the clerk will read. >> Mr speaker, it is ordered that the message be sent to the house of representatives with the information that Senator Gunn has been removed as a conferee and Senator Rucho has been added as a conferee on house bill 169 senate committee substitute number 36 edition. A bill. Entire act to provide further regulatory leagues of the citizens in North Carolina respectfully Serrah Lane principle clerk [BLANK_AUDIO] >> Noted [BLANK_AUDIO] The gentleman from Harnett Representative Lewis is recognized to send forth a conference report the clerk will read. [BLANK_AUDIO] >> point to resolve in house representative on house bill 169 built in the entire enact to provide further regulatory for the seizes in North Carolina. Senator committee substitute adopt 26, 16 senate rules operations senate committee substitute adopt 67, 16 senate rules operate in the senate committee substitute adopt 6, 8, 16 to make the following report, [INAUDIBLE] >> Gentleman is recognized for a motion. >> Mr. Speaker I move the house adopt the conference report. >> Chairman has moved the house to adopt the The conference report, still being uploaded to the dashboard [BLANK_AUDIO] The gentleman from Mecklenberg Representative Bishop is is recognized to debate the bill, thank you Mr.Speaker. >> Move the adoption of conference report. >> The rule previously moves the adoption the gentleman has the floor to debate the motion. >> Thank you Mr.Speaker, Mr.Speaker. >> For what purpose does the gentleman from Duram representative Duram Rise? >> Some of us are not getting the item on the dashboard to know what we're listening to. >> It's on the chairs but it's at the very bottom [BLANK_AUDIO] >> Mr. Speaker the public facility privacy and security act passed at the
march 23 special session This will allow the state claim for relief, for employment discrimination and this was widely mis-recorded as preventing victims of employment discrimination from suing and state court, it never did that but never the less the special session in response to concerns raised then we said that we would Examine, re-examine whether there's a better way to deal with that. This conference report restores the claim one year statute of limitations and I recommend to the board, be glad to answer any questions [BLANK_AUDIO] >> What purpose does the gentleman from Guilford, Representative Sgro rise? >> To debate the conference report. >> The gentleman has the floor to debate the conference report. >> Members of the body this effort which restores as I read it very quickly in the multiple seconds that I've had to review those restore the state course of action which as you've heard recorded was hurriedly passed in that special session, this is just one of the incredible mistakes made in the passage of house bill 2, just one single mistake of the many mistakes made in that piece of legislation. So So while I agreed that state course of action does need to be restored to this floor, it needs to just this one provision it needs to supersede this and include sexual orientation and gender identity. >> Mr.Speaker point of order we're addressing the conference floor not the [CROSSTALK] Chamber. >> For what purpose does the gentleman from Wayne representative Bell rise? >> To a point of order. >> Point of order we're discussing the conference four not bills that have previously [INAUDIBLE] >> We ask the gentleman from Gilford to try to contain his remarks closely as possible to lay to the conference report and gentleman has the floor to continue debate. >> I will happily do that. I assume That most of you read the news article earlier that referenced the speaker and this potential effort as a literal fix to house bill 2. So I will just say in closing that while this is important is doesn't go nearly far enough.I think, that any notion of this is going to save the business climate in the state of North Carolina It's bunk it certainly will not do that. It doubles down on discrimination against the LGBT community. So while I will support this. I am woefully embarrassed that this is the ultimate result of two and a half months of conversation about the most disastrous piece of legislation a long time in this body. Thank you. For what purpose does the gentleman from Orange, Representative Myer rise? >> Thank you Mr. Speaker, I would like to ask the gentleman from Mecklenberg, Representative Bishop a question. >> Does the gentleman from Mecklenberg yield to the gentleman from Orange? >> I yield. >> He yields. >> Thank you Representative Bishop. This bill that you have just addressed Before us addresses general statutes 143 and 1-54. And I believe that in your debate you referenced that section of House Bill two that also amended. I guess it was general statute 1-54 You can tell me if I'm incorrect. About state cause of action should you say there was suits. You said that that section of House Bill Two was wrongly interpreted as limiting the right to sue based on employment discrimination and that this should be clarifying that in order to understand whether I should vote for this bill or Bill or not. I wonder if you can explain to me what you think that that section of House Bill Two actually did. If it did not in fact limit state cause of action law suits for employment discrimination. What did it do? >> Representative Myer, thank you for the question. Actually what I said is it's been widely misreported That the change we made in the Health Bill Two prevented employment discrimination victims from suing in state court. There have been innumerable press accounts to that effect. In fact even the governor he's not a lawyer says that often. That's not true. As I said on the floor the day that we passed that law. The state law claim for relief that existed and was being eliminated at that time left in place federal claims for relief that can be filed in state court. There is concurrent subject matter jurisdiction in federal and And state courts on to the federal anti-discrimination laws. So that's one of the unfortunate distortions about H.B. Two but it is always been true. Never has changed that you can file employment discrimination claims in state court. Now what did occur is that there was a state law claim for Relief.
The wrongful discharge and public policy claim. A judge made claim that originated in subject matters other than employment discrimination. Eventually that moved into the employment discrimination area. We eliminated that claim and the course of drafting so that we could accommodate the addition of new public accommodations non discriminatory protections. And having done that it is misreported. It was received poorly for symbolic reasons I think and we said from the very day we were here that we would look at that provisions. There's been widespread support including the governor for the restoration The claim so we've restored that state claim. Someone now can bring a state claim and a federal claim in state court in North Carolina. >> Mr. Speaker, may I speak on the bill? >> The gentleman from Orange has the floor to debate the conference report. >> Thank you, Mr. Speaker Representative Bishop's explanation, which I believe to entirely factual, exhibits what a mess we ended up in after passing House Bill 2. That this Bill restores the right. It makes it easier for North Carolinians to appeal to our state courts for the right to sue for employment discrimination is a good thing and I'm happy to support this bill. >> For what purpose does the gentleman from Durham Representative Mitchell rise? >> To ask Representative Bishop a question. >> Does the the gentleman from Mecklenburg yield to the gentleman from Durham? >> I yield. >> He yields. >> Representative Bishop you indicated that [INAUDIBLE] statute of limitation on one section of this I was trying to get back to that section before I got to what section and what does that statute of limitation affect? >> We've added back the state law claim for relief, we have subjected it to a one year statute limitations. Generally the wrongful discharge and violation of public policy claim again Judge May in area subject matter areas other than in employment discrimination has been because as a judge made claim and otherwise it has never been legislated about has been construed to be controlled by a three year statute limitations. One problem that that creates is all of the employment discrimination claims for example under the North Carolina disabilities none discrimination law under the American disabilities act under the federal title seven are all subject to 180 day statute limitation before a claim must be filed or an administrator charge must be filed. Having a three year statute limitations which develop not by any intent but by this circular path or secured as path by which this state law claim has come to apply in the subject matter area, undermines the policy of those short statutes and limitations. So as we've added the claim back we've addressed that by providing for a one year statute limitations for the wrongful discharge claim to the extent based on employment discrimination. >> Can I ask him further question? >> Does the gentleman yield to an additional question? >> I yield. >> He yields. >> Considering the fact that employment discrimination in any form, shape, or fashion, it is a detrimental form of discrimination, why would you shorten the presume three year statute to a one year statute. >> Well the policy that has been behind the title seven of the 1964 civil rights act, and all of the other Federal and state anti-discrimination laws employing short statutes of limitation is because of the unique nature of this claims. Here in the business organization and you have someone who is responsible for us for varying levels of management and they for employees. It is unfair to employers frankly to have a long statute limitations where people come and go particularly because this claims always depend on conflicts and memory about what experiences people had. So those policies behind the employment discrimination statutes have led to the adoption of a short statute of limitation employee needs to act, needs to file their claim with the EOC and proceed would be undermined by having a statute limitations six times as long in a claim that wasn't designed to do employment discrimination in the first instance. That's the reason. Not to undermine the policy behind all of those enactments. >> For what purpose does the gentleman from Wake, Rep Martin rise?
>> To debate the motion. >> The gentleman has the floor to debate the motion. >> I'm grateful for the debate on that. The questions asked by the gentleman from Durham have helped me understand a little bit more about this. i think we all know that with all the problems in house bill two this addresses probably the only thing in house bill two that everyone was in agreement needed to come out. From the governor to the advocates on all sides, far left, far right etc, everyone understood that this needed to be fixed so we don't need to come out of here patting ourselves on the back with press conferences saying we've fixed something big on house bill two. No kidding, this was the lowest of the low hanging fruit It does nothing to fix the core discrimination inherent to that bill.I'm voting for this and I was initially excited to vote for this because I thought, well we're at least gonna fix the cause of action portion of it. But thanks for the questioning from the gentleman from Durham, we aren't even fully fixing that. We're not going back to the This qualm as workers and everyone else who've been discriminated against in North Carolina will still, after we pass this Bill, be worse of than they were before the passage of House Bill 2. I'm voting for it but I ain't too happy about it. [BLANK_AUDIO] >> For what purpose does the gentleman from Peet representing Murphy arise To speak about the bill please, gentleman has the floor to debate the motion, I think is a great step forward I'd like you to vote for it and I think that's all I need to say. >> What purpose does the gentleman from Gilford representative Scurry rise? To see if the gentleman from Meckalburg representative Bishop will you affirm For a question. >> Does the gentleman from Mecklenberg yield to the gentleman from Guilford?>> I yield >> He yields, representative Bishop if there is an acknowledgement in that 12 hour process that resulted in the initial passage of house bill two that there were mistakes made that are resulting in this hastily assembled piece of legislation that I'm seeing without consulting the LGBT community with a couple of minutes that there could be other problems that we should be debating. So why are we not debating the other provisions of house bill two alongside -this? >> Well, we're debating this fix Rep [UNKNOWN] and I haven't said that I think it was a mistake. I said it was widely misreported and there has been some other aspects of the bill that have been widely misreported but it certainly resolves the policy issue, indeed it was involved in it in another way and I think it's an improvement, and you are new here, I'm fairly new here, and I find there are many times Mecklthat good legislation is revisited and improved, and this is a case of that. >> Follow up Mr. Speaker. >> Does the gentleman yield to an additional question? >> I yield. >> He yields. >> Representative Bishop I am new to this body, and certainly not new to this issue as I know that you are not either having been an architect of this. You have acknowledged though that t is worthwhile that we are having this conversation right now. Why is it not worthwhile that we are having a conversation about the entire bill, $500 million in economic harm way. >> [SOUND] The gentleman is out of order. For what purpose does the gentleman from Cleveland, Representative Speciary rise? >> Point of order. >> I think the chair is Arrested. For waht purpose does the gentleman from Vance representative Basco rise. >> Ask representative Bishop a question, does the gentleman from Mackenburg yield to the gentleman from Vance? >> I yield. >> He yields. >> If the course of action the time period to file the course of action Has been condensed from three years to one year. Do you think a natural result of that would be a rush for individuals to file this sought of claims, since they have a limited amount of time? Therefore leading to increased Prevelis/g claims under this cause of action which would create an additional burden on businesses. >> I think not representative Baskerville and here's why. Anybody who practices employment discrimination law knows, and I've had this conversation when I was with the executive committee in the Charllotte/g chamber discussing this. And a lawyer who does that admitted this is correct. 95% or more of these claims will be filed as claims that combine federal anti-discrimination claims under Title 7 or some other federal enactment and state. So almost invariably, people file these claims within 180 days. It never almost occurs that you file a state claim alone, and in fact if you file the state claim the wrongful discharging violation of public policy claim it's not as robust as the federal projections that you enjoy under federal statute.
And there often can be a mistake there is a reported case, two reported cases from the Court of Appeals. One of them in 2015 in which a client was deprived of a recovery for a religious accommodation because they proceeded under the state law claim alone. So that's what I said on the day that we discussed this the first time is that the federal claims are claimed as more robust. The remedies are better and the rights are broader under the federal law than under this anyway, but nonetheless for the reasons previously indicated we believe it would be best restore the claim for relief and that's what we've done. It'll be unimaginable for to resolve in a rush claims. >> Question before the house is the adoption of conference report to House Bill 169 those in favor will vote aye those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] >> The clerk will lock the machine and record the vote. 82 having voted in the affirmative and 18 to the negative, the conference report to House Bill 169 is adopted. Senate will be so notified. Special message from the senate, the clerk will read. >> Mr. Speaker it is ordered that the message be sent to the house representative, with the information that the senate adopt the report of conferees for Senate Bill 838 conference report. A bill to be entitled an Act to Require Further Reporting From the Department of Health and Human Services Related to Transformation of the Medicaid and NC Health Choice Programs and to Modify Certain Provisions of the Medicaid Transformation Legislation. When the appropriate action has been taken by both chambers, the bill will be ordered enrolled. Respectfully Sera Lang/g principle clerk. >> Noted madam clerk chair directs that senate bill 371 a conference report short title LME, MCO claims reporting mental health amends be removed from the committee on rules calendar 36B without objection this evenings calendar. So ordered for what purpose does the gentleman from Wake Representative Jackson rise? >> For a moment of personal privilege. >> The gentleman is recognized to speak to a moment of personal privilege. >> Thank you Mr. Speaker. Ladies and gentlemen I hope you'll bear with me a few minutes. As many of you know when I often speak I write out my thoughts, my brain moves a little fast sometimes if I don't write it out. With my southern accent things tends to get messed. I rise to Honor my seatmate, who will be leaving after this session, she's been here ten years. She entered these chambers as the youngest woman at the time, and she leaves as the youngest woman. I'm gonna read from the parts of the speech I did last month honoring her, and I did that so I just don't break down but along the way she has won numerous awards from groups and organizations way too many for me list out to you here tonight. So I wanna say this to you to explain my love for [INAUDIBLE] I don't speak for her tonight because she is my seatmate, because she is earned it, she has earned every once of friendship Friendship that we have, we honor her and her service tonight not simply because she is retiring from the house, because she has earned it through her service to the State of North Carolina, both in the classroom and administration and here tonight, or here on this chamber. She had my support yesterday, she has a And she were in deep habit tomorrow not simply because she is my friend, because she has earned it everyday on every bill and in every emotional floor speech she has ever made. She has fought against bullying, and for other rights that she knew in her heart were the right things to do. I hope you will join Join me tonight in honouring my friend Trisha Caples/g. [APPLAUSE] [SOUND] >> Senator 371. The Clerk will read. [BLANK_AUDIO] >> Conferees appointed to resolve the differences between the Senate and the House of Representatives in Senate Bill 371, a bill to be entitled an Act to Modernize Data Collection by the Department of Health and Human Services Related to Lme/mco Managed Care Claims The approval process of county disengagement, define the appointment process for area board, amend the apartment termination notice for the area director, clarify the salary approval process for employees salaries above the allowable amount, remove the sunset for the pilot program to study the use of electronic supervision devices and contains Facilities, provide direction for the department
on single stream reallocation and the process for single stream encounters claim over non-medicaid claims through NCTracks and develop a plan to extend community [INAUDIBLE] services. The House committee substitute favorable 92415 submits the following report. The General Assembly of North Carolina enacts. >> For what purpose does the gentleman from Wake representative Dollar rise? >> For a motion. >> The gentleman is recognized for a motion. >> Mr speaker I move the adoption of the conference report for senate bill 371. >> The gentleman has moved the adoption of the conference report to senate bill 371. The gentleman has the floor to debate the motion. >> Thanks Mr speaker members of the house this is a bill that had broad support in the house when it went over last year it has had some additional work done to it and let me just try to briefly bring you up to speed. We used to operate our mental health services to This to area authorities. We created about 15, 16 years ago the LMEs, Local Management Entities. And at one time I think they were about 23, 24 of those. Those went along for a decade, they were all sorts of issues. Where there was a pilot done to create an LME/MCO managed care that was very unique public managed care of behavioral health. That pilot which was originally Piedmont behavioral health it's now cardinal proved to be very successful so this general Assembly on a bipartisan basis back in 2011 decided to take those medicaid waivers 1915 B and C waivers statewide and set up all across the state convert the LMEs to LME/MCOs. Public managed care. These entities have saved the state of North Carolina over the last 5 years literally hundreds of millions of dollars. They've made vast improvements in the delivery of behavioral health services but they still like anything in mental health and behavioral health are continuing to work on their processes as they have done this. We've had consolidation, which was anticipated. Additional consolidation. We're trying to make sure that as that has happened and as we move forward we have the strongest network of behavioral health entities both managing managing the money as well as making sure the right services are going to the individuals of this state. This conference report furthers our efforts in that regard. Section one provides for encountered data, that's data on services that are been provided to be standardized and put in electronic format in a way that we can better manage and analyse the needs on a state wide basis. >> Section two which there has been some questions about actually just clarifies, the already existing authority of the secretary with respect to mergers and acquisitions and sets fourth specific items that must be considered in any decision that the secretary would make and those are outlined in detail at the top of page one and the top of page two. We also have in section three a provision to make it very clear that these are state dollars, state in federal dollars. As you know we took the burden off of local governments, there's some local money that flows into the LME/MCO's but it's a very de minimus amount. These are state and federal dollars and we wanna make sure that they are used specifically for services, it says which section three to section four is a clarifying section, section five which is very important deals with the actual area boards making sure that the area boards continue to have the balance of stake holders which we establish in this general assembly a couple years ago and some following legislation and it also freeze up so that the LME/MCOs many of them have merged in factors one merger and is under way currently between center point And cardinal which is a friendly merger that they both wanna do to make it easier for them to be able to effect that merger in as much as the boards that now don't have to have all the counties they can do it with three quarters of the constituent counties and still of course maintain, as things get larger maintain the
appropriate stakeholder representation on the governance of these public entities. The next section, in section 6 just addresses an issue that came up as well as section 7 of some personnel issues making sure that the salaries are commensurate with the fact that these are public entities as opposed to the private sector where we have one element with considerably higher salaries than the others we wanna make sure again that the money is going where it is most proper to go. And then the final substitutive section section 8 which allows for single string funding which is the state portion of funds is not medicaid, but state portion of funds that flow through are paid on a monthly basis. 112 allocation on each month to the LME MCO's to make it easier for them to manage their funds. Be happy to answer any questions. I wanna say this cuz I have been the, I think as much as anybody here the biggest defender of the LME MCO's and we need to continue to make sure that we are operating them in the best fashion possible for the citizens of our state. And that's important if we wanna continue to have publicly managed behavioral health in this state which I think is a pillar and is something that we are I think that everybody here has a deep concern about. I appreciate your support I'll be happy to answer any questions. >> Members all those who are in the cue if you would just hold that thought we are gonna displace this bill temporarily at the request of the speaker, and go to Senate Bill 867 and the clerk will read. >> Senators Barefoot, Wade and Newton, Senate Bill 867 a bill to be entitled an act to require criminal background checks for teacher licence at school personnel employment and board members none profit seeking Initial Approval to Establish a Charter School. Require That the State Board of Education Creates a Database of Certain School Personnel to Report Catastrophic Illness and Injuries, Concussions Involving Student Athletes. Change the Reporting Date for Report to State Teaching Profession, Eliminate Low Voltage Building Permit, Requirement of Passing Optical Networks encourage partnership for digital learning required to State Board of Education to make first track charter school, replication decision within 120 days. To provide for enrollment of certain school students to community college courses. General assembly of North Carolina enacts. >> Representative Hager is recognized to explain the Bill. >> Thank you Mr. Speaker. Before I do that, Mr. Speaker, is it okay if I send forth my amendments very technical amendment- >> Yes [CROSSTALK] >> Clerk will read the Hager amendment. [BLANK_AUDIO] >> Representative Hager moves to amend the bill on page 11 line seven by rewriting the line to read. >> You're recognized to explain the amendment. >> Thank you Mr Chairman. This amendment's real technical when I went to prohibit, or say you didn't have to have a low voltage permit to do passive optical. We really forgot to put coaxial cable networks and they're all low voltage. so that's all this amendment does. >> Further discussion or debate? On the amendment. And by the way there are a lot of lights that were there for the other Bill if you could turn them off. Unless you wanna debate that. Further discussion or debate, Representative Adcock, or Turner, do you all wanna debate the amendment? >> No sir Mr speaker I wanted to change my vote on the conference committee substitute for 169 to yes. >> So ordered. further the discussion made on the amendment , it's not question for the house is the adoption of the Hager amendment. All those in favor will vote Aye, those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk's about to lock the machine and record the vote. The aye's are 88, the no's are zero.The amendment is adopted. Representative Hager is recognized to resume his explanation.>> Mr. Speaker >> [CROSS_TALK] >> In the chamber and recorded aye.>> We recorded voted Aye. >> Representative Hager is recognized to resume his explanation. >> Thank you Mr. Chairman now this is again as the old adage goes, this is knock my door. And I'm not familiar with but I am walking it right now. So If you guys will have a little patience with me I greatly appreciate
it. In February a USA Today was published grading teachers screening systems in all 50 states. North Carolina received an F. Highlighted by the story of a teacher in Charlotte, his teaching licence was pulled in Georgia after exchanging sexual text message with high school students. He's teaching license has also been pulled in South Carolina. But our security measures and background checks were bad enough to allow this person to teach in North Carolina. The states that received the highest marks had one single common characteristic. That's the state wide Requirement by the state to conduct finger print criminal background checks. In response to State Board of Education, he asked for single legislative changes to the board. Authorization to conduct finger print checks. This [INAUDIBLE] send the board their work station [INAUDIBLE] enabling to the house sub-committee of Education Strategy. This bill directs the state. Board of education to require all applicants for teacher licenceur, who have not been approved to licence state or Africans for [INAUDIBLE] they have not been previously checked for criminal history to be checked for a criminal history using finger prints, and the State National Repositories of Criminal History. This bill also directs local boards of Wards of education regional school boards and directors in charter school boards of directors to require Africans for school personnel to be checked for any criminal history. members of the board, directors non profit seeking additional charter would also be required to be checked for criminal history and is uplift the page [BLANK_AUDIO] [BLANK_AUDIO] As we start into the bill, now additional sections to section four. Requires the State Board of Education to create databases as a section that I did put in there. Create database for high school and middle school personnel to report catastrophic illness injuries and concussions during athletic events. The national institute/g of health keeps a database on concussion and life threatening injuries in high school sports and middle school sports. It is kept at the University of North Carolina, Charlotte but North Carolina has no mandatory reporting of these. The reason we want mandatory reporting of these, is because we need to see if we have a trend in one certain area where we can dispatch sports folks. To determine if there's a problem with teaching these kids how to hit in football, and how to avoid being hit in soccer and those things that really is a protection of the children policy. Section five changes report data and annual state of the teaching profession on the County report by the state education to December 1st. Section six eliminate slow volts that's why I put the amendment. That eliminate slow voltage building permit requirement for construction, insulation or repair replacement. Alternate pass of atrical/g networks and coax networks. Section seven directs a board of education to make the first track charter school replication decisions in 120 days and section A allows high schools, students involved in federal investing and invasion [INAUDIBLE] be enrolled in committee college courses using non state funds. And with that Mr.chairman I would ask you to green on the bill and I will tripply/g stand for questions. >> Before we do that I think we have two vote changes, representative Brian Turner are you seeking recognition to do that? >> Thank you Mr. Speaker. I would like to change my vote on conference committee substitute the House Bill 169 from a no to a yes please. >> Representative George Graham. >> Yes Sir Mr. Speaker, I'd like to change my vote on HB2 issue to yes. >> What vote? What bill? >> 169. >> House Bill House Bill 169. representative Horn you have amendment you would like to send forth? >> I do, Mr. Speaker. >> The clerk will read. I will try to take care of a couple of technical amendments first. >> Representative Horn moves to amend the bill on page 10 last four to three about rewriting those lines to read. >> Your recognized. >> Thank you Mr.Speaker. This too is a technical, this rather is a technical amendment that's simply on page 10 lines 40 to 43 changes the date. So that DPI can capture teachers that are leaving the system that cannot go back and apply new coach to people that have long since past. So this needs to be corrected, I ask for your support. >> Representative Saine do you seek recognition to send forth an amendment which on your dash board is labeled wrongfully the Stam amendment. [LAUGH] [INAUDIBLE]. >> Would you [CROSSTALK. >> I'll hold that for you. [BLANK_AUDIO] >> Oh, I'm sorry, any further discussion or debate on the Horn amendment. Mr [INAUDIBLE] >> Representative Hager. >> Thank you, I wonder if Representative Horn will yield for a question please? >> I do. >> Thank you. representative Horn , I just don't know this. I'm carrying this bill for Senator Barefoot and I think you have talked to Senator Barefoot,
is that correct? >> I have not talked to him directly, but I've talked to him through some others who have assured me that he is fine with this amendment. >> Thank you Representative Horn. >> Further discussion or debate on the Horn amendment? If not, the question before the senate is the Horn amendment, all those in favor will vote aye. Those opposed will vote no, the clerk will open the vote. [BLANK_AUDIO] The clerk will lock the machine and record the vote, the ayes are 95, the nos are zero. The Horn amendment is adopted, we are back on the bill. Representative Arp for what- >> To be recorded aye on the Horn amendment. >> You will be so recorded. [BLANK_AUDIO] Representative Saine is about the sign the Saine amendment. Here it is, which may appear on your dashboard as here it comes. [BLANK_AUDIO] [BLANK_AUDIO] representative Speciale for what purpose do you rise while we're waiting on that. >> To speak on the bill, actually to answer a question on the bill sponsor. >> Representative Hager do you yield representative Speciale . >> I do>> He yields. >> Could you explain What section six is and why that's in this bill. Cuz it seems out of place is that for any born in particular? >> I can probably explain it Representative Speciale but I wasn't involved in the Genesis of this bill, so I probably can't answer why its there. Basically>> Let me make sure I have that right Representative Speciale. >> Does for what purpose does Representative Saine rise? >> To help my good friend of the majority leader out with that explanation. >> I would love to yield to the man in the good looking suit. >> Your recognized to answer Representative Speciale question. >> It's quite nice [INAUDIBLE] Thank you Mr. Speaker. Representative Speciale what that is we have placed the Senate bill earlier a couple days ago in a UI bill, we had broad agreement with the finance committee. Our Senate counterparts agreed with it they just didn't believe that it belonged in the UI bill. They said if your upon a vehicle and sent it back to us we'll agree to it. But it's simply a regulation that's in place to make sure there's not a regulation in place to prevent fiber optics from going out which carry broadband. And make sure that they are not regulated as an electrical component cause they are not, they don't carry electricity. This was simply assuring that and making sure that and making sure that it's very clear that we spread broadband across the state be it fiber optics. And that's what is in there for. It does seem a little odd in this bill but that's it's purpose. It's just simply a vehicle to get it over to the Senate. >> Follow up. >> Follow up. >> He yields. >> Is this put in the bill for any particular company or any particular purpose. No, it's not. It applies to any company that would be providing any type of fiber optic networks, so it could be name the company AT&T, Time Warner Charter now. Any individual company that's providing fiber optic, broadband network also coaxial cable, they're basically providing broadband. But it does not carry electricity over it. So any of those companies small or big could take advantage of it applies to them, thank you. >> [INAUDIBLE] >> Representative Saine you're recognized to send forth your amendment. >> Representative Saine moves to amend the bill on page one line 12 through 14 by rewriting those lines to read. >> You're recognized to explain the bill. >> Thank you Mr.Speaker this also is part of a, as we're looking for vehicles this was the lateral entry program that we talked about the other night. I think we had a unanimous agreement almost unanimous agreement simply finding the right vehicle to get it to the senate. Senator Barefoot has been alerted to this provision as well as has agreed upon it [INAUDIBLE] trying to find ways to get things passed. And this was one of those things that was not controversial we passed this identical piece in our rules committee this week. Thank you. >> Further discussion or debate on the sane amendment if not question for the house is the adoption of the saine amendment all those in favor will vote I, those opposed will vote no, the clerk will open the vote [BLANK_AUDIO] Clerk will lock the machine and record
the vote. The ayes are 95 the nos are zero. The amendment is adopted and we're back on the bill For what purpose does the gentleman from Orange Representative Mayer rise? >> To send forth and amendment Mr speaker. >> The gentleman is recognized to send forth an amendment the clerk will read. >> Representative Mayer moves to amend the page on page 11 lines 43 through to 45 by rewriting those lines to read. >> The gentleman is recognized to explain the amendment Thank you Mr speaker. >> This amendment simply change the enactment date of this bill. This is a very important bill for protecting the safety of students in North Carolina. The challenge is that in implementation of this system we need an upgrade to the technology that control the criminal background check system and the licensing system. We need an update to the system that controls the payment processing. It's just a number of steps that are gonna have to take place. There are portions of this bill that are implemented and there are portions that are implemented in October. This amendment would simply ensure that the entirely of this bill is implemented in January that everyone would have time to get ready to move forward with this and we wouldn't end up in a horrible situation, and in October where the state couldn't comply with the mandates of the bill and we would have people slipping through a system, They were trying to improve, please support the amendment. [BLANK_AUDIO] >> What purpose does the gentleman from white represent speak on the amendment, the gentleman has the floor to debate the amendment. >> Mr. Speaker, Members of the House will ask you to pause the amendment,the Senate wanted it earlier in Bill before you is on effective date of October 1, the Senate wanted it September 1, TPI wanted it later, January 1, but in consultation they agreed to October 1. The truth is practically everybody who will be hired For the school year,1617 will have been hired by October 1, and I would ask you to defeat the amendment so that the people who will be considered for hiring for the second semester, many of them will apply In the fall so that this law will apply to them. And we won't have a crop of unchecked people for the second semester. >> For what purpose does the gentleman from Orange, Rep. Meyer rise? >> Thank you Mr. Speaker. To debate the amendment a second time. >> The gentleman is recognized to debate the amendment a second time. >> As As Rep. Stam just pointed out, almost everyone who's hired for the next school year will already be hired well before the October date that this bill would go to law. To move back the effective date until January is going to make sure that there's time So that most people who are hired before the second semester are going to still be covered by this. The second semester doesn't start until the middle of January in most schools. I think that the department will be able to put this in place and still cover most of those teachers. This will be able to make everything work better for the second semester Semester next year. >> Special message from the senate the clerk will read. [BLANK_AUDIO] >> Mr. Speaker it's all right. The message we sent to the [BLANK_AUDIO] Mr. Speaker the message we sent to the Houe of Representatives with the information that several of that report Conferees. House bill 169, conference committee substitute bill to the entitle and act to restore the state court claim for wrongful discharge. When appropriate action has been taken with both chambers to [INAUDIBLE]. >> Bill's already enrolled and sent to the Governor. We have a message from the senate, clerk will read. >> Mr. Speaker. Is an order that commenced to be sent to the house of representatives with the information that the senate adopt the recorder of conferees 70371 conference committee substitute appeal to the entire act to modify certain requirements pertaining to local management entities to care organizations when the appropriate action has been taken by both chambers to [INAUDIBLE] respective. [INAUDIBLE] Noted. For what does the gentleman from Ruthford, Representative Hager rise? >> To see if Representative Myer would yield for a question. >> Does the gentleman from Orange yield to the gentleman from Ruthford? >> Yes sir. Happy to keep us as long as we need to be here tonight Mr. Speaker. >> He yields. >> Thank you Representative Myer I may contain a few more questions. In your amendment, and I'll ask the same question. questions as Representative Horn to be [INAUDIBLE] did you consult with Senator Barefoot who carefully coordinated this bill with everybody, did you coordinate your, I won't say permission but
did he agree to this amendment? >> I did not Representative Hager but I do believe that in this case, Senator Barefoot is acting with too much haste for a good public policy. >> For what purpose does the lady from Mecklenburg Representative Chatham rise? >> Thank you Mr. Speaker, to speak on the amendment. >> Lady has the floor to debate the amendment. >> Thank you Mr. Speaker, I just wanted to make some comments in support of this amendment. I understand what you are saying Representative Stam by October 1st and I think anyone in the real world that certainly makes a lot of sense and we should want that. However, in reality, with school systems, it often that is not the case. Receiving the actual license can take weeks and weeks, past that October date that you mentioned so I do think that the January date is really important. Many teachers get hired at the last minute or during that first ADM 20 day count, and so it takes longer to get a license and typically they get a temporary provisional license which serves not been a check and then that actual license comes much later. So I would ask you to really think about this and just in terms of the practicality of what we are dealing with when we are talking about a massive schools Systems head to Charlotte or Wake. So I ask you to support the amendment. >> For what purpose does the gentleman from Catawba, Representative Setzer rise? >> Speak on the amendment. >> Gentleman has the floor to debate the amendment. >> As in the real world and the legislative world don't always coincide, we don't always get things done here. in a timely manner no matter how much we try. And since the department of Public Instruction, and the State Board of Education, have to implement these changes. I don't see a problem with unifying the enactment days, so they are equal. And I urge your support of this amendment because as you all know, at a quarter of eleven, we're not finished with our work, and how are they gonna implement this on a dime. >> For what purpose does the gentleman from Lincoln Representative Saine rise? >> To ask a question to the bill sponsor. >> Well, I believe its the amendment. Does the gentleman from Orange yield to the gentleman from Lincoln. >> Mr speaker let me correct [INAUDIBLE] >> He yields. >> My purpose is for a question for the. for the person carrying the bill it relates to the amendment. >> Who's handling this bill? >> Representative Hager. >> Does the gentleman from Rutherford yield to the gentleman from Lincon? >> I do. >> He yields. >> Thank you Representative Hager I appreciate the compliments on the suit. I didn't realize that they made those types of suits in boy/g sizes but nevertheless. >> [LAUGH] >> It is a nice suit. >> We're kidding. Okay, Representative Hager, I believe as we work on this bill with Senator Barefoot and trying to get as much out of the way as we could. Did we not leave options for school systems and everyone else involved in this to have the option of currently what they do now. As well as, new policies so they can take advantage of finding out the back grounds of everyone that their hiring and really in touch with kids and being in the classroom? Did we not leave that option for them that it wouldn't adversely impact them and so we could have a speedy process and therefore the amendment really wouldn't be necessary. >> Representative Saine thank you, I appreciate the compliment. I probably deserve that but yes I believe with you Representative Saine thank you for asking. >> For what purpose does the gentleman from Wake Representative Stam rise? >> To speak a second time on the amendment first. >> The gentleman is recognized to debate the amendment a second time. >> I do oppose the amendment and I'm not thinking about the first semester and those issues. I'm thinking about the second semester and I hope to goodness that the school is not waiting till after January 1, to hire teachers for the second semester. >> Further discussion, further debate, if not the question before the house is the adoption of the amendment 84 sent forth by Representative Meyer those in favor will vote aye, those opposed will vote no, the clerk will open the vote. [BLANK_AUDIO] [SOUND] [BLANK_AUDIO] we're there is an issue, Members please make sure you've recorded the [UNKNOWN] showing with the Chair, Representative Robinson is the gentleman attempting to vote? How is the gentleman wish to be recorded? [BLANK_AUDIO] Just a moment. Does the gentleman wish to record his vote no on this amendment? [BLANK_AUDIO]
pick one. >> [APPLAUSE] >> Madam clerk chair direct the vote to be stricken, we're gonna read this [BLANK_AUDIO] All right we're gonna void the vote. make the vote their mission, and what we are gonna do is we are about to go into a recess, I think Representative Hager was gonna call a caucus? Gentleman is recognized. [BLANK_AUDIO] Gentleman is recognized. >> Thank you Mr. Speaker [INAUDIBLE] Mayor is any we're about to go to recess, there gonna have to reboot the system. Any notice anything briefly before we do that we'll come back after, I don't expect this will be very long, cocux anything else? [BLANK_AUDIO] Subject to, I'm sorry for what purpose does the lady from Meckanburg, my good friend representative Cony rise? >> [INAUDIBLE] >> Lady is recognized for an inquiry. >> [INAUDIBLE] >> Not long Long, the chair does believe we will adjourn this evening. What purpose does the gentleman from Durham representative hall rise?. >> [INAUDIBLE]. >> Gentleman has the floor for an announcement [INAUDIBLE] The subject to the [BLANK_AUDIO] [SOUND] Members subject to the ratification of bills messages from the senate, committee reports conference reports, re-referral bills and resolutions and appointment of conferees. The house will stand in recess until ten after 11. We're in recess. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] Ratification of bills and resolutions. The Clerk will read. >> The enrolling clerk duly reports the following bills duly ratified for presentation to the governor. Senate Bill 508. An act to To make various amendments to the bail, bonds collect agency and criminal mediation laws. House bill 483, an act to make changes to the land use regulatory laws of the state. And the following bills duly ratified and properly enrolled in the preferred presentations to the office of the secretary of state. Senate bill 890, an act to allow the town of [INAUDIBLE] to hold municipal elections every four years. [BLANK_AUDIO] [BLANK_AUDIO] Chapter bills will be noted. [BLANK_AUDIO] [INAUDIBLE] chair directs the senate bill 815 be removed from the [INAUDIBLE] rules calendar and operations of the house after the [INAUDIBLE] calendar without objection so ordered. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]
Madam Clerk, the Chair directs that Senate Bill 867 be removed from the calendar and be referred to the committee on Rules, Calendar and Operations of the House. The amendment will be Will be returned to the gentleman that was pending before. Special message from the Senate. The Clerk will read. >> Senate Joint Resolution 903 Second Edition. A joint resolution provided for adjournment sine die of the 2015 Regular Session of the General Assembly. >> Calendar without objection this evening's calendar So order. [BLANK_AUDIO] Notices and announcements. [BLANK_AUDIO] The Chair is going to take up- >> [INAUDIBLE] >> The Chair was gonna allow for points of personal privilege if members have wished to do those, that was part of what that announcement was for. But Senate Bill 815, the Clerk will read. [BLANK_AUDIO] Senator Blue, Senate Bill 815 a bill to be entitled, An Act to Authorize Longleaf School of the Arts to Elect to Participate in the State Health Plan for Teachers and State Employees. The General Assembly of North Carolina enacts. >> The gentleman from Wake, Representative Jackson's recognized to briefly debate the bill. >> Thank you, Mr. Speaker. This comes to us from the Senate. It's an act to authorize one local charter school in Wake County, Longleaf School of the Arts to be added to the state health plan. From my understanding, there's a deadline of these elections have to be made. This school missed the deadline so this will give them 30 days to correct that. >> The question before the House is the adoption of Senate Bill 815 on it's second reading. Those in favor will vote aye. Those opposed will vote no. The Clerk will open the vote. [BLANK_AUDIO] >> Dollar aye. >> Aye >> [BLANK_AUDIO] The Clerk will lock the machine to record the vote 87 having voted in the affirmative, 3 in the negative. Senate Bill 815 passes its Second Reading. Will without objection be read a third time. >> General assembly of North Carolina enacts. >>. >> Aye. >> Those opposed no. The aye's have it. Senate bill 815 passes it's Third Reading. The Bill is ordered enrolled and sent to the governor. [BLANK_AUDIO] Gentleman from Lake, Representative Stam is recognized to speak to a point of personal privilege. >> Thank you Mr. Speaker. Very briefly- >> House will come to order. >> It's been a privilege to work with you all. And I did a little checklist here and discovered, that I'd worked with 82 of you on collaborating on legislation. Naturally, just the nature of things, the majority of those were Republicans, 50 non-Republicans and 23 democrats. Have Have let me work with them on bills, and even work with me on killing bad bills. And I will say to you that might be the best thing you ever do, is the bad bills you kill. I will miss you, sort of. I have a tennis match tomorrow and eight grandchildren to take care of. But, I will retain my pin and my cell phone, and my email. I have all your addresses and I'm sure you'll hear from me more than you want. >> [FOREIGN] [LAUGH] >> [APPLAUSE] Madam clerk the chair orders that senate bill 371, local aunties management care organization claims reporting mental health must be removed from the calendar referred to the committee on rules, calendar and operations of the House. For what purpose ratification bills resolutions, the clerk will read. >> [INAUDIBLE] the following bill duly ratified for presentation to the government, House Bill 169 an act to restore the state toward claim for wrongful discharge. General Assembly of North Carolina enacts. >> Chapter bills be noted. 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.
>> Thank you Mr. Speaker and members of the house. I just wanted to take a moment and express my appreciation for the member who's probably most Responsible for me being here to start with. So you can blame him, you can blame Representative Stam. I sat in a adjoining seats in the back row when I got got here in 2005 and the thing that I think most exemplifies, skip if I had to sum up in a couple of words, is that he really is a master at the legislative process. As much as anybody, he cares about the craft. He cares about the craft of the law, he cares about the craft of the bills that we produce in this house. And we will sorely miss him. Even when we were in the minority, a number of the members on the other side would often consult with him when he would raise a point about A bill and very often, I remember in 2005 and 2006, he did more amendments I think than all the other republicans combined. But it was because he was wanting to get it right. Whatever the policy was gonna be. He's a man of integrity, he is a man who has meant a lot to me, he's someone that I can vote against him [LAUGH] from time to time, and he's still your friend, he does it the right way. And, I can't thank him enough, we're losing with Leah leaving, and J.H. leaving, and Rodger leaving, and a number of others who have been here, long and short, we're losing quite a bit of legislative power, and brain power and character, and expertise, and you'll be solely missed, thank you. >> [APPLAUSE] >> Senate Joint resolution 903, the clerk will read. >> Senator Apodaca, Senate Joint resolution 903 a joint resolution providing the adjournment sine die for 2015 regular session of general assembly. The senate resolves the house concur. >> The gentleman from Harnett representative Lewis is recognized to debate the adjournment resolution. Further discussion further debate? Seeing none the question before the house is the passage of senate joint resolution 903 on its second reading adjourning the general assembly sine die. Those in favor will vote aye, those oppose will vote no the clerk will open the vote. [BLANK_AUDIO] Braison/g aye. [BLANK_AUDIO] >> Representative Cleveland, the gentleman wish to record on this vote. Clerk will walk the machine and record the vote. So 75 having voted in the affirmative and 20 in the negative. Senate joint resolution 903 passes its second reading. Will without objection be read the third time. The senate resolves the house concurs? >> Question for the house is the passage of Senate Joint Resolution 903 on its third reading. Those in favor will say aye. >> Aye. >> Those who propose no. >> No. >> The ayes appear to have it. The ayes do have it. Senate Joint Resolution 903 passes it's third reading, is ordered enrolled.[BLANK_AUDIO] BLANK_AUDIO] Madam clerk the chair directs that house bill 1019, bill titled retirement house principal clerk be removed from the [INAUDIBLE] rules, calendar and operations of the house placed on the [INAUDIBLE] for immediate consideration. So ordered, the clerk will read. [BLANK_AUDIO] [BLANK AUDIO] The clerk will read the Bill. >> Representative G Martin and Torbett House 1019, [LAUGH] >> Question before the house is the passage of house bill 1019 on the second
reading. Those in favor will say Aye. >> Aye. Those oppose No, >> [LAUGH] >> The Aye's have it. Without objection be read a third time clerk will read. Clerk will read. Without objection being heard those if favor will say Aye,>> Aye >> Those oppose No >> No >> The ayes have it, house bill 1019 having passed it's third reading the bill be sent to the senate. >> [APPLAUSE] [BLANK_AUDIO] The gentleman from Harnett representative Lewis is recognized to sent forth a representative statement the clerk will read. [BLANK_AUDIO] A representative statement recognize Denise Weeks. Where as Denise Weeks a native of Raleigh North Carolina. High school in North Carolina state university. And where as the Nish began work with the house as principle clerk office in 1977 where she served in numerous roles including the system. Calendar clerk, computer clerk, calendar clerk and administrative assistance and where as Denise was elected principle clerk in 1993. And was related to that position 2015/16 by anium and where as doing her 10 years. principle clerk Denise got it seven speakers of the house and all the 600 and 70 members through the process of passing legislation critical to the great state of North Carolina. Whereas Denise has been the leading authority. Pleliminary procedure in United States for expertise and knowledge in this area have a lot legislature from both sides of the [INAUDIBLE] effectively and efficiently conduct business for the people of North Carolina [INAUDIBLE] has served in various positions in American society legislature clerks and secretary Senators including the secretary treasury in 1997, president elect in 1998 and president in 1999. He was a member of the [INAUDIBLE] manual study commission for many years and along the staff hosted the staff hall conference in NorthCarolina with several occasions and whereas Denise Disability for every member with the at most respect and dignity no mater their differences has been remarkable. Her respect for the institution has not stopped with members but has transcend into every aspect of her job performance, and whereas legislate the once. To Denise Esther 121st member of this body and the most important member because her knowledge composure, integrity along with her ability to tell the members where they were mistaken about the matter [INAUDIBLE] Henry Butt may attend Western Bullovad [INAUDIBLE] Rolly And was doing her retirement Denise plan to travel go on her grand children and spend time at the beach now they're four Denise needs to be recognized for her many years of dedicating exploratory service to the state of North Carolina especially the house representative in witness where the other signs certifies that Realize that the four board of statement in house that placed from the journal on the first day of July 2016, speaker [INAUDIBLE] submitted by representative David Louis. The Gentleman from Hannette representative Louis recognized to speak to a point of personal privilege. >> Thank you Mr. Speaker I would like to point out Out for the record that those a bit unorthodox if the clerk will allow it he will find that the representative statement is signed by 120 of us, which is pretty cool. Madam clerk thank you for all you do for The smiles, the sneers, the eyes and for treating each and everyone who serve here or works here as if they're important [APPLAUSE] [SOUND] Mr.Speaker it's a rare opportunity
opportunity I think the young lady deserves three hip hip hoorays Mr. Speaker. On one, hip hip >> Hooray. >> Hip hip. >> Hooray. >> Hip hip >> Hooray. >> [APPLAUSE] [BLANK_AUDIO]. >> For what purpose does the gentleman from Durham representative Mitchell rise? >> To take advantage of a very special occasion. Gentleman is recognized to speak to the point of personal >> Denise don't look at me like that, I'm not going do that no. Let me tell you all something. That has been one of the most wonderful person that I have ever had the privilege of meeting. She has tamed all of us without a whip and a chair but with just a look, just a smile when she says no, is brightest smile that you have ever seen anywhere. She done an art with that. I've had the privilege of either nominating Denise or seconding her nomination. I don't know how many times but it's always given me a great deal of pleasure. So we're gonna miss you, Denise. There's no question about it. Having been one of the most outstanding clerks in the country. Because of the accolades put on to you by your national organization, by all the love that has been shown you by the members of this body, those who just didn't like what you said about them. For the speakers that you have trained, and I mean that sincerely cuz the only way you learn to do anything up there behind that podium is through Denise Weeks. It's just gonna be difficult here without you. But hey time moves on but there's an old song out there, something that I learned long time ago is that no matter how far you've gone you'll keep coming back to just like us all. Thank you Denise for everything that you've done. >> [APPLAUSE] [BLANK_AUDIO] >> One last side of business the ratification of bills of resolution the clerk will read. >> The enrolling clerk reports the following bill duly ratified for presentation to the governor. Senate bill 838 an act to require further reporting from the department of Health and Human Services related to transformation to medicaid [INAUDIBLE] choice program and to modify certain divisions of the medicaid transformation legislation. Chapter bills being noted. Members I wanna make a few comments about Denise as well. Rarely do you work with some one who is so professional, so kind so sincere. Many of you don't know but on here rule book what you have written on the front of the rule book. She wrote on there, she struck through the rule book and wrote the book of suggestions on them in front of them when she gave them to me. >> [LAUGH] >> The rules that we deal with are often complicated. Many folks don't realize the knowledge that Denise has of this rules of Mason's and even more important than that her knowledge of this institution. The legacy she has, the folks who've come through. What all of us will learn the longer we're here is you learn how this is a building, but it really isn't the building that's significant, it's the people who are here. Those of us that were sent here by the people back home. in one of the smartest things that has ever been done since any of us have been here is having Denise serve in the clerk's office and I can't thank her enough for the job she does, there is so much, Denise and she would tell you about her staff who are here, the times that we stay late and 2 in the morning and I think we've had a long night, they are still here three more hours. And they are here, and they never complain and she comes in, and they come in, in bad weather, or whatever it is. And there is so much that Denise that you've done, for people individually, if anybody here has an idea or has a question, you all know you can go to her and you can get an answer. And we are gonna miss you but I actually remind you, you can always come back next year if you want to, we'll be glad to have you, I'll vote for you. And just getting to know her family and Is a wonderful person and so the next week,
we love you, we appreciate all you've done and just thank you for your service and hope you'll be here next year after all. >> [APPLAUSE] [BLANK_AUDIO] >> For what purpose does the gentleman from Mecklenburg representative Bryan rise?>>To speak to a moment of personal privilege.>>The gentleman is recognized to speak to a point of personal privilege .>>Thank you Mr. Speaker I couldn't let tonight go by, for me, without making a comment about Rep. Stam. I wrote him a letter when I heard he was retiring. I'm not gonna read the entirety of the letter but I thought about, at the time, often When someone is retiring, all those things you said behind their back, this is the time that you put those things away. And you move forward. And I realized, Skip's one of those guys that, he's off doing he's own things, often you say good things behind he's back without ever telling him to his face. And I wrote down a couple of those things for him. And I thought I would mention one of them tonight which i know all of you can relate to for humor or otherwise. I called him the Latin legal eagle. That was one of the terms we'd use behind he's back for references of obscure Latin phrases, he's quoting of the Magna Carta. I think one time Rep. Meyer tried to give Skip some Latin reference and Skip had to correct him on the Latin, which is often the case. And as I thought about it There is a Latin phrase so applicable around here. And frankly, I think about many of the folks stepping out like Representative Stam, Denise, JH and the others, that this phrase applies so well to. Our state motto [FOREIGN]. Which is to be rather than to seem. But I think all of you that know Skip. That's one of the things that is most true about him. You know where he is as Nelson rightly said you can vote with him or against him. He is your friend. Immediately after shakes your hand and moves on. And so skip for me as a legislator I would like would like to leave that phrase as well as you and so I thank you. >> [APPLAUSE] >> For what purpose does the gentleman from Wake, Representative Pendelton >> I would like to addressed recognize Skip if I could. >> The gentleman is recognized to speak to a point of personal privilege. >> Skip and I, some of you've heard this some of you haven't, but Skip and I go way back about 35 years ago. And 26 years ago he called me one Sunday night and he said Gary you've got to run for Wake county commissioner. And I said I don't really even know what a Wake county commissioner does. So he told me a little bit about it, it was late on Sunday night. And I said well I know I can get off the hook with it because I said am more of a prayer about it. You you would want me to do that. So this was 26 years ago, so my wife and I prayed about it, and he had told me that no one else was gonna file, there were three open seats. And I know what he was thinking I was probably the only one stupid enough that might my run. But because of him I got into elective office. office. And I never would have had he not rang me on this. So the next day the filling cut of was the next day at noon. And I went down their and meant me down their and I filed l for Wake county commissioner and become one. The Skip, thank you for your friendship and is gonna continue. >> For what purpose does the gentleman from Nash representative Collins rise? >> For a moment of personal privilege. >> The gentleman is recognized to speak to a point of personal privilege. >> Well I don't usually do this you can probably count the personal privileges I have had in six years in one hand probably and probably never to do this type of thing before. But I will be remised/g if I did not say a little bit about what Skip Stam means to me. Six years ago, at about this time of year, I was very happily involved in my profession and my professional associations. I'd never given a thought to running for political office of any type. And I got a telephone call from a gentleman I didn't know, who identified himself as Skip Stam, and said he was interested in talking to me about possibly running for the North Carolina house. I told him I thought he was out of his mind but I would listen to
him. And so we met at the Remmington Grill in Louiseburg. He was heading from Rawly to Warrington for some kinda civic event and I was walking from Hendersons and office in Rocky Mountains. So we met at that fine dining establishment and we talked for about an hour about what it meant What it meant to run for office, my questions were very much on the line of how much can I still work and make a living while I'm doing this, he was as honest with as you can be when you're trying to recruit a candidate I think and I said I'll think about it, well the next about five days later in my office these three guys in dark suits come in and I'm wondering, Is this the SCC is this the IRS, i never had this type of [UNKNOWN] before and it was Tom [UNKNOWN] two gentlemen from GOP headquarters in [UNKNOWN] come to seal the deal. Well they didn't I didn't let them until two months later but once I got here very fortunately my seat mate [UNKNOWN] was sitting three rows back, I was sitting, [INAUDIBLE] we were sitting right here where these two gentlemen are. And sitting right in front of Mike, was Kipstam. And so I can't tell you how many times at freshman year, as a bill would come up, I would lean over and frantically punch Skip is this a good bill? Skip how should we vote on this? Skip. I could read the bill and understand it, but still Didn't know enough about a lot of the processes rendered and whether things were good or bad or whether things hidden/g. So Skip was my mentor early on. He's the guy who's responsible for getting me into this to start wit so you can thank him or blame him. [LAUGH] I'm not sure which wanna do at this point in time. My wife blames you Skip, but anyway, I will always admire He's been a true friend a true mentor, he's given me a lot of ideas about Bills to run with and I appreciate it, he knows how to delegate things as well as how to get things done. He's even given me files now things that he's understood me working on, that I've been interested in working on also and [UNKNOWN] I hope you'll continue to help with that I'm sure I;ll still need your advice and I'm just proud to, Crowds have been associated and [INAUDIBLE]. For what purpose does the gentleman from Duplan representative Dickson rise? >> On a privilege, gentleman's recognized to speak to a point of personal privilege. >> My telephone call from Skip stam came about 11;15 PM on saturday night I din't know who Low skip stam was I din't know what a majority leader was and I really din't care but I'm here because of his efforts and tonight will not be the first time that I've told skip how much I appreciate what his influence is I have tried to let him know Each time that I've been in this company and i appreciate the influence that he's had and I've tried to be complementary of what he's done. Additional I've had the great privilege of meeting of the finest gentlemen that I've ever know in my life and I appreciate Representative, [INAUDIBLE] And the opportunity that I've had to work with him on the House agriculture committee so if [UNKNOWN] ever happened to me in my career here in the general assembly, my association with those two people along with everyone else in this house one f the first statements that i ever made, And some people thought that it was weird and crazy and i was embarrassed after I made it I directed my question sort in the direction of former Speaker Joe [UNKNOWN] and not directly to him but I said, When I came up here there was a lot of people on this side aisle that I did not like and then I can quote at Abraham Licoln who said, I don't like that man over there I must get to know him better, I can truly say Be that I know no one on the floor of this house that has not become a friend thank you. For what purpose does the gentleman from Mecklenburg representative Brawley rise? >> For a point of personal privilege. >> Gentleman is recognized to speak to a point of personal privilege. >> Thank you Mr.Speaker I don't really want to talk about what this people mean to me but what they meant to the state Denise, Skip, Leo, JH, Trish, [BLANK_AUDIO] people sometime I don't agree with But we here those who are leaving and those who stay, we are walking in the steps of the founding fathers, we are doing in this building what they had in mind when they fought the British and some of them died, this what has bee protected By the life blood of American service people for over 200 years. To keep this idea going.
And it's embodied in a statute on the other side of the old capital. It's the you know statue of George Washington, and some of you have heard me tell you this it's not unique to me I got it from David Makalo. Washington is standing on what appears to be a tree stamp but it's in fact the phases of old Rome the symbol of authority. Besides him is the sword he has taken of. He is shedding the clock of travel and picking up the walking stick of the civilian farmer. while still wearing his uniform. It is to capture the moment that he has returned to mount Vernon after having giving up command of the continental army after the victory at York town. It is something we take for granted but was almost unique in history at that time. Washington like many of his contemporary was a student of the Roman republic and one of the heroes was cincinnatus a great general who when Rome was threatened by a Cathoginian invasion was made the first dictator. He was given absolute power. He raised an army, he trained it, he let it against the Cathogenians defeated them returned to Rome the most powerful man in Italy and could have become the first Emperor he did not. He gave up his staff of office and returned to civilian life. That is what Washington did. He could have been king of America. And instead gave up the power and returned to Mount Vernon. It created a tradition in this country of the citizen. Who assumes power for a while, exercise it for the common good and gives it back. We must take action immediately or we will roll into the next day. >> Ratification of the bills and resolution, the clerk will read. >> The enrolling clerk [INAUDIBLE] the following bills duly ratified for presentation to the governor. Senator Bill 815, an act to authorize non leave schools the [INAUDIBLE] to elect participating in the state health plan, for teachers and state employees. The rolling clerk proposed the following resolutions duly ratified, properly enrolled and prepares for presentation to the office of the secretary of state. Senate joint resolution 903, a joint resolution providing for the adjournment [INAUDIBLE] 2015 [INAUDIBLE] of the General Assemblies. [BLANK_AUDIO] Members we have two likes, I'll recognize for points of personal privilege if members could keep their remarks for a minute or less it would be greatly appreciated. Because the hours approach. For what purpose does the Lady from Mecklenburg, Representative Connie rise? >> Point of personal privilege. >> Lady is recognized to speak to a point of personal privilege. >> [INAUDIBLE] from me Mr. Speaker to keep us after midnight, but I absolutely could not leave here. There are so many of us here that are leaving, but I just have to tell you, that when I first cam here 14 years ago, the first take away I had after my first session ended and we have this very setting on the last night, my take away was I looked around the room and I realized I was so surprised at the friends that you make when you come up here. That's what this place is about to start with. When I came in here, my freshman year, first time in the chamber, I looked around and then I thought, oh my God, who are all these people, how will I ever get to know them and work with them. But it's because of people that have been here before me that we are still here. Leo Daughtry, Roger West, it was amazing to me how everyone clicked And of course James we have this great lasting friendship, we're heart-mates i more ways than one. But then as I stand here more people have come along that have made an impact on my life. And I've added to To that treasury of friendships. Tuition, [UNKNOWN] the other that are but I will tel you one thing that I want you to take away from here tonight all of us.
You know that saying that a friend in need Is a friend in deed. Well, remember when you were going across the state you know that you were take away from here by the friends that you have made and that is if you ever need anyone no matter where you are in the state you can pull out your book and they will then Go away. They are gonna know who you are, get to know each other better thank you. >>For what purpose does the gentleman from Cleveland Representative Mitchel rise? >>For my personal privilege >>The gentleman is recognized to speak to a point of personal privilege>>I just want to say don't forget that the 240 anniversary of Of our independence day. Is not the July, is not July 4th it's independence day please tell that to our youth who don't understand what is the deal is, is our independence from Great Britain when we are a small [UNKNOWN] group of colonist who managed to be the greatest military might in the world World at that time, if you don't think for a moment God was there presence day to help us you are not thinking. God bless everybody, have a great independence day.>> The chair direct the clerk to stop the clock. For what purpose does the gentleman from Gillgford/g Representative Blaster rise? >>Point of personal privilege of personal privilege>The gentleman is recognized to speak to a point of personal privilege.>> Thank you and I'll try to speak softly, first of all I wish there was someone else I can blame for me having run but I decided on mu own. So but it's a great day if the end of session Session, but it is a sad day too to say goodbye to so many friends, people that have been here a long time and I don't know if it's gonna be the same without Denise Weeks, I don't think I've ever been here, well I haven't . I haven't been in the House without Denise Weeks being the principle Clerk and And she's done more than anything else in our political back and forth and our fights to keep everything moving and keep everything together. She is a nationally known, recognized person for being an expert on the rules of proceeding in a House and she Her contributions have just been invaluable and I don't know how we'll ever replace her. And I disclosed something that came into my mind seeing some longtime friends leave, it's the tin-man from Wizard of Oz, at the end he says to Dorothy, now I know I've got a heart because Because it's breaking. >> For what purpose does the lady from Mecklenburg, Representative Cotham rise? >> Promise you I'll be very brief Mr. Chairman. >> Lady is recognized for- >> Personal privilege. I know time is of the essence but I just say keep calm and carry o. If you need me you can text me or you can tweet me. If you don't know either, you need to learn Thank you and talk them out. [APPLAUSE] [BLANK_AUDIO] >> The court may restart the clap. The gentleman for Harnett, Representative Louis is recognized for a motion. >> [BLANK_AUDIO] >> Mr. Speaker I move that the 2015 House of Representatives do now adjourn, sine die. >> Representative Louise moves, seconded by Speaker Stam that the 2015 House of Representatives do now adjourn, sine die. Those in favor will say I. >> I. >> Those Those oppose no. >> No. >> The I's have it it is ordered that a message be sent to the senate informing that honorable that he house is concluded the public business and now stands ready to adjourn. Message from the senate, the clerk will read. >> Mr Speaker it is ordered that the message be sent to the house, [UNKNOWN] public business so it stands ready to adjourn sine die [INAUDIBLE]. A senate joint resolution 903 second edition. A joint resolution providing for adjournment/g sine die 2015 regular session of the general assembly respectifully Sera Lane/g principle clerk. >> Members I'd like to [INAUDIBLE] the aisle Invited to do so. >> [LAUGH].