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House | June 11, 2015 | Chamber | House Session

Full MP3 Audio File

The house will come to order, members will take their seats, visitors will retire from the chamber, the sergeant of arms will close the doors. Members and visitors asked to please silence all their electronic devices. This morning's panel will be offered by Representative Mark Brady, members and visitors and the all we pretty stand and remain standing for the pledge of religious. Representative Brady. Gocious in southern land as your sevens and sevens of the people who has sent us here we humbly ask you to keep us faithful to the same office with what you have charged us we are divorced people not only of risk who has the national origin but also political flood give us counsel and aid as we do our work contunue to preserve the integrity and all of our state protect our naval special interest and uphold the sentity of wife that you have given us he is just to maintain and promote law and justice and determination to strive for the benefit of our citizens give us wisdom in the eyes of the decision that we may speak and decide matters in the spirit of unity and bond of piece. Well God, our great nation is faced with political and social unrest our enemies are getting bolder and approaching our gates and we are faced with domestic issues that will sometimes require unpopular decisions. Instill in our hearts and minds your words, If you faithfully obey the voice of the Lord your God, being careful to do all his commandments and walk in his ways, the Lord will set you high above the Nations of the earth, He will make us abound in prosperity and bless the work of our hands. Give us wisdom through our leaders, guidance through the people who support our efforts and a quiet heart and mind to hear your words. In this building of the people's legislature, I ask that these united States be blessed according to their faithfulness and that North Carolina be in one among many be pleasing in your site, In Jesus name Amen I pledge allegiance to the flag of Unites states of America and to the Republic it stands one nation under God indivisible liberty and justice for all. The gentleman form [xx] Representative Loius is recognized for a motion. Mr speaker the Journal for June 10th has been examined and found to be correct I move that it stand approved as written. Representative Lois moves the [xx] for June 10th be approved as written those in favor say aye, aye those opposed no the journal is approved as written. Ratification of bills and resolutions the clerk will read the to follow the bills, duly regard for representation of the governor senate bill seeks to natural glad [xx] [xx] order may be issued against a sex offender on behalf of the crime victim to establish the procedure for obtaining that order to clarify and enhance penalties for violation protective orders and to and the extension of all this and we are told it's still going [xx] debating the cases out there the court hearing, so the bill 83 and actually the health concern and following the filling of recording of the [xx] no one is having reasons to not that delay of the [xx] is false in control of false factitious or fraudulent statements or rein-statement senate bill 99 an act to establish definition of fire fighter for purposes of local fire fighter [xx] the state wide crop planners relief fund, the state crop protection bet fund, volunteer safety workers assistance and rescue co-workers relief fund to amend the process of filling satisfied roster with North Carolina state farmers association in North Carolina association of rescue and emergency medic services incorporated the member rescue squad workers relief firm to ammend the law enforcement officers, farmers, rescue squad workers and civil air patrol members death penalty act and dispose of out local government authority as it pertains to our fire department border participation and the local government employees retirement system senate bill 161 an act to amend the law governing sections of the supreme court to authorize sessions to be held in Morganton house bill 16 an act to repeal and the necessary insurance component requirements as recommended by the property of insurance house bill 511 an act to make various statutory changes related to court unions and the following bill is in resolution due to actified proper law and repair for presentation to the office of secretary state. Senate bill 77, an act to increase the monthly pension benefit paid by members of the Wilsburg province Supplemental Pension Fund. House joint resolution joint resolution to honoring the life and remembering of Dean Edward Smith legendary men's basketball coach of  the university of North Carolina at Capital Hill Chapter bill to be noted counter save

bill two clerk will read Senator Burger, Senator bill 2 to be entitled an act to allow magistrate to system legislation deed registrer[sp?] did to include himself from performance did is merit to merit ceremony due to have sincerely have late objections [xx] in that General from lake representative [xx] now welcome for motion and I call the house to order Mr speaker I move for past senate bill soon not withstanding the objection of the governor will ask to be recognized for a minute [xx] has forwarded the motion. To speak to members of the House we've debated this extensively. I've read the governor's veto message, I pointed out to many people that it involves a logical fallacy, look the reason we need to pass this, is to accommodate our public servants in accordance with the law For purpose does the gentleman from [xx] Representative Loise rise A motion The gentleman may state his motion Mr. Speaker I move the previous question Gentleman from [xx] has moved the previous question those in favor in the previous question we vote aye those oppose will vote no the clerk will open the vote. the clerk will lock the machine and record the vote. 68 having voted in affirmative 42 negative motion previous question pass Senator Ruth the house [xx] has given three minute for the summation of the bill from Durham Representative Hall is recognized, gentleman right is not own does the gentleman wish to use the three minute? Yes Mr. Speaker The gentleman has three minute. Thank you Mr speaker and fellow members as we know this matter has been parked in the veto[sp?] garage for a while, the manner in which we now bring it to the floor, we are not calling it ambush legislation, but certainly the rules provide that we can do it this way. So times we don't do things the way we do, because we need to, because we can. I heard comments that this deal was vetoed by the Governor for the wrong reason. The right reason the Governor vetoed this bill was because it would sanction state employees Being released from their sworn duty to the citizens of the state of North Carolina. The right reason this bill should've been vetoed and was vetoed, should have never been passed is because it creates second class citizens with the sanction of the government which we should not be doing. The right reason this bill should not have been picked by the governors as it was and should never have been passed by this house is because we should not be in the business of  sanctioning people lying to the government and to the citizens of the state by taking a sacred oath and then willy nilly at their convenience deciding they will not uphold that oath to the citizens of North Carolina while at the same time taking their precious hard earned dollars that they paying taxes to ensure that we all receive the services that we have decided should be provided to us as citizens so I'd ask that you uphold the governor detail not just because this is the wrong way to do this, but according to details because we owe more to the citizens of North Carolina we owe more to the tax payers, and we also owe more to the value of our oath given by citizens to the state and to the people of North Carolina I jope you all uphold the meaning of your oath and vote to support the governor's Vito. Thank you Question for the house is the passage of the motion override senate bill two those in favour will vote aye those oppose will vote no the Clerk will open the vote. clerk will open the machine to record the vote, 69 having voted in the affirmative and 41 in the negative the motion does pass then will require three face vote. Senate bill to you have been ready it comes along. House bill 536 clerk will read. 526 Representative Bull, house bill 326 the bill has been turned and loose to describe properly from the corporate members of the town of Norwood General Assembly North Carolina act. For what purpose does the gentleman Johnson Representative Daughtry arise?  Further discussion further debate

if not the question for the house is the passage of house bill 526 on it's third reading those in favour will vote aye those oppose will vote no the clerk will open the vote. Representative Daughtry does the gentleman wish to record on this vote? Clerk will lock the machine and record the vote. 101 having voted on the affirmative and 17 in the negative. House bill 526 is adopted and will be sent to the senate. Senate bill 596 the clerk will read. service is current Representative Wake senate bill 596 the bill has bill turned around the bill regarding law enforcement of foreign to Johnson General assembly North Carolina act. Gentleman from Johnson Representative Doctry is recognized to debate the bill. Thank you speaker, this bill provides that the recognition of a judgement that is based on a foreign statute or rule of law which has applied by the foreign court would have been contrary to either the United States constitution or our constitution, the constitution of North Carolina must be denied unless, the recognition is raised beyond the circumstances, this is important bill, it simply prevents someone from a foreign country coming in, suing a North Carolina corporation when it violates our constitution and trust to collect, hope you'll vote for the bill. Further discussion, further the debate, if not the question for the house is to pass the Senate bill 596 on the second reading, those in favor will vote aye, those opposed will vote no, the Clerk will open the vote Clerk will open machine and record the vote, 86 having voted in the affirmative and 21 in the negative, Senate bill 596 passes its second reading and whoever had objection? Objection. Having been objected to, bill remains on the count. Senate bill 716 the Clerk will read. Senator [xx], Senate bill 716, a bill to the entire to direct North Carolina Utilities Commission to render and expedite decision under certain conditions on application for a certificate of public convenience and necessary necessity for an advocate to construct the generative facility that uses natural gas as the primary fuel and modify several requirements on the Coal Ash management act of 2014 for coal ash surface empowerments located in sites which are coal fire generation units recent those sites are permanently east seize operation by January 31st 2020 general assembly North Carolina enacts, for what purpose does the gentleman from Anderson Representative McGrady rise? To speak on the bill. The gentleman has the floor to debate on the bill.  Mr. Speaker colleagues this is a bill to facilitate conversion of a power plant in South Burgham county to natural gas this would was actually a plant the was designated and the coal ass Pitts that company gets as one of the high priority sites in the coal ash management act that we passed a year ago, that's why the legislation is coming forward the utility commission could take up the conversion on it's own but what's been proposed here this is one of the few plans that is producing wet coal ash and under the bill it will be required to move to dry coal ash and then the coal ash [xx] would be cleaned up or moved on a expedited plot procedure what this bill does is allows the conversion to natural gas rather than conversion from wet coal ash to dry coal ash it will save the tax payers or the users of the electricity a lot of money because you are not having to to do something that you are immediately going to change it will result in environmental benefits to my knowledge their is no body or group that opposes the bill everybody from duke energy and who has

put it forward to the environmental community agrees that this is a very good thing the only difference between the senate bill and the house bill is in the house we added a public notice provision and we added a public hearing provision, there both expedited within the time table that is set forth here, we're trying to hit that sweet spot where we get the coal ash pond cleaned up as quickly as possible, but at the same time give Duke enough time to make the conversion. This I should add has been made possible in part because of the new natural gas line in the East that is freeing up natural gas availability in the West and so in this case this plant will actually rather than us in the West needing to import power, once this new plant is up we should be producing more than enough power for the needs of West and North Carolina so I ask for your the approval of the bill. For what purpose does the gentleman from Buncombe Representative Turner rise? To speak on the bill. The gentleman has the floor to debate the bill. Thank you Mr speaker first I want thank Representative Mcgrady for helping usher this bill through the process this power plant that is slated to be decommissioned and built a new with natural gas is in my district and this is a very important for the people of my community. They've had to live under the shadow of this coal plant for far too long and this will go a long way towards air, good consistent reliable and cheap power for a region, and so I encourage everybody here to please support this legislation. For what purpose does the lady from Yancey representative Presnell rise? To ask the bill sponsor a question. Does the gentleman from Henderson yield to the lady from Yancey. I yield. He yields. She yields. He yields. If I'm not mistaken it's because the passing house bill 1224 last session that this gas line is going to hook up right just passed evergreen is that right? I believe that's so but you got me there and I don't remember the house bills involved but it also relates to the bill that provided for the extension of the gasoline of the eastern part of the state which in turn is making up providing a small availability in your district and mine, thank you. Thank you. Mr. Speaker I'd like to speak on the bill The lady from Yansis[sp?] is recognised to debate the bill And having spoken with Senator Apodaca, I do know that it's because of house bill 1224 that we passed last year that can hook up to the natural gas that we got to go evergreen and I thank you very much and please support this bill. For what purpose does the gentleman from Transylvania Representative meredith rise? Briefly speak on the bill Gentleman has floor to debate the bill House members the points that have been made so far, they are valid it also addresses the situation where the capacity to supply power in that area is approaching, it needs to be a minute further so I ask for your support in vocaling[sp?] on the bill for what purpose does the lady from Banca[sp?] Representative Fisher rise? to debate the bill the lady has the floor to debate the bill Thank you, ladies and gentlemen of the house I have to say that I appreciate the the efforts of my collegue accross the arabs[sp?] Senator McGrady for getting the public hearing added to this legislation because of the fast track that this Bill is on, is an effort that has been a combined effort from a lot of folks from not only Representative Turner's District, my District, I think all of Asheville and Buncombe and some of Henderson even have been working on this for quite a while, and and this is a really good effort, I think it speaks well about the future of the environment in our part of the State, so I appreciate your support one of this registration thank you further discussion about debate if no the question of the house is passage of senate bill of second reading those kin favor will vote yes those opposing no clock-wad open the board local work machine record the votes. 107 having voted in affirmative and

non on the negative senate bill 716 passes the second reading and rule that objection are welcome [xx] further discussion, further debate if no, the question for the house is to pass it. Senate bill 716 on [xx]. Those in favor say I, I! Those oppose no. That's senate bill 716 passes its third reading and will be returned to the senate. For what purpose does the gentleman from actually just a moment the chair skipped over house bill 426 noting that Representative Ray Henex excuse evidence believe this bill had third reading that the chair would intend to proceed with the bill any member sue pended debate against the bill or anything. For what purpose does the gentleman from  Representative Dickson rise? Mr. Speaker I was in the chamber on which to be voted can just be read now on 526 the general bill requires just to be signed down house bill 526, house bill 526 read Representative Reives House Bill 426 the bill to be entitled an act to rule sentence described properly from the corporate limit of the town of Will General assembly of North Carolina enact And man called the chair would direct that senate bill 716 be sent to the senate by special messenger, further discussion further debate on house bill 426, if not, the question for the house is the passage of the house bill 426 on its third reading those in favor will vote aye those oppose will vote no the clerk will open the vote The clerk will lock the machine and record the vote. 100 having voted in the affirmative and six in the negative house bill 426 passes its third reading will be sent to the Senate. Messages from the Senate Coperead[sp?] House we are 495 always the share[sp?] modernization technical changes. Counter, members this is a the messenge from the senate this a house bill the bill is already passed the house chair will intend to add this to the day's calendar I understand is a motion concur his objection to this bill being added to the day's calendar the title is OSHR Modernization/Technical Changes. well does the gentleman Nash does he want to do it today, or does he prefer to do it next week? Mr. Speaker I'm still trying to figure out exactly how the Senate changes bills, I prefer to do it Then we'll counter for Tuesday. Representatives Davids and Stevens, recognize sent forth committee reports for proper read. Representatives Davids and Stevens did you that we cannot record section no twenty three first they come and they would ask committee section to foresee for section number two insurance. Senate committee substitute number two is replaced on the unfavorable calendar House committee substitute calendar 36B the referral to insurance Representative. Mr. Speaker. For what purpose does the lady from Orange, Representative [xx] rise? I'd like to be recorded as Yes on 426 The lady will be recorded as having voted yes on [xx] 426. Representative Davis Steven is recognized Hasen Paul may you report that Cregory? Represent the states just to show that what the committee report seventy eight of transition said view resications favorable, calender. What purpose did that gentleman for Jam, Senator jones and representative jackson may you all rise to change my vote on bill number two how would the gentlemen like to be recorded? No.  Let's check the vote at the place. The gentlemen ready now But the gentleman would like to change the yes. Would it be possible to be reflected as voting No twice? the gentleman concern would say that. Mr. Speaker I don't have an idea, Mr. Speaker For what purpose does the gentleman from Rutherford, Representative Hager rise? To let the minority leader know that voting No twice wouldn't matter with the results. OK, notices and announcements, and actually before we do that we do need to recognize our Pages, Pages please come forward. While they're coming forward, for what purpose does

the gentleman from Cabarrus, Representative Pittman rise? Representative Pittman, for what purpose did the gentleman rise. Sorry Mr. Speaker I was talking [xx] Just want to remind Homeland Security, Military and Veterans Affairs that we do have a meeting 15 minutes after session. Lt Colonel Robert Cavell from National Guard is waiting to make presentation to us, thank you. For what purpose does the gentleman from New Hanover, Representative Davies rise? For an announcement. The gentleman has the floor for an announcement. Thank you, Mr. Speaker. The House oxitax[sp?] subcommittee will meet on this coming Monday at 4:30 P. M in room 544. We will be hearing Senate Bill 140 and House Bill 490. Thank you. Pagers, we'll have a couple of announcements but I want to take some time, Pagers we want to thank you all for being here this week. We hope you've had an enjoyable time, that you've enjoyed the kick off to summer, you've made some friends and had an opportunity to see your government at work. I'd ask my colleagues to please join me in thanking you for your service this week You may return to your post. For what purpose does the gentleman from Durham, Representative Hall rise. Announcement Mr. Speaker, Gentleman has the floor for an announcement, Thank you Mr. Speaker and house democrats will coccus outside the press room immediately after session For what purpose does the Gentleman from Guilford representative Brockman rise? For a moment of personal privileged.  Gentleman has the floor for a point of personal privileged.  I just personally would like to apologize as to all the lesbian and gay couples in North Carolina for the The gentleman, he's out of order. The gentleman is out of order and will have a seat Thank you [xx] to German to high way were. I want to invite you to a [xx] valley to have some more bustom range if you have any of the [xx] I hope everybody got your CD again those who were given by the band yesterday I got the pleasure to give them to you. So, a real treasure have care learner and you can come op on June 20th and 21st of Saturday and Sunday. and have a wonder Bulgarias festival, it's called The Planck Harmed Festival and we celebrate not care learners Planck Harm which originated in Hay Wood coming right in the block bosom's and and listen the bust-urn range while you are up there. So, I hope you can put down the counter June 20th and 21st, thank you. someone has [xx] for an announcement. The house pensions retirement committee will meet next Tuesday, the 16th at 10. Am will be taking up senate bill 455. Further notices and announcements. If not the gentleman from [xx] Representative Louis to recognize formation. Mr. Speaker, subject to the re-referral bills and resolutions, receiving messages from the the Senate instead of committee reports a move to the house to now adjourn to reconvene on Monday, June 15th at 7 o'clock p. M. Representative Louis move seconded by Representative Linda Johnson. That's subject to re-referral bills resolutions, committee reports and was a message from the Senate as well. A message from the Senate that the house adjourn toreconvene on Monday, June 15th 7 p. M. Those in favor will say I. I. Those opposed, No. The I have it. We stand adjourned.