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Senate | February 18, 2016 | Chamber | Senate Redistricting, Part One

Full MP3 Audio File

[BLANK_AUDIO] [NOISE] [SOUND] [BLANK_AUDIO] This being the time and place set by proclamation by the Honorable Pat McCory, Governor for the convening of the 2016 extra session of the General Assembly of North Carolina. The senate Will come to order. Sergeant at arms will close the doors. Members will go to their seats. Members and guests in the gallery please silence all your electronic devices. Leading the senate in prayer is the Reverend [UNKNOWN] at chaplin. All members and guests in the gallery please stand and remain standing for the pledge of allegiance. [BLANK_AUDIO] Bear with me. Father in heaven we come to you as a senate family, as faith representatives and even as a nation in need of so much. We need fortification, we need advancement. Father please move us ultimately Closer to you. Move us Lord. Move us as servant leaders and protect those that are here. Only you, can protect us from 10,000 errors. Provide a hedge around this nation and establish your domestic tranquility here. In fact, Lord we Can't do anything without you. But by your spirit, we ask you to lead us and heal us and bring us into your presence. And we thank you for this process, even when it's hard, that reminds us how much we need one another to get anything done. And mostly Lord, we need you to get anything Done. And it's in Jesus' name we pray. Amen. [BLANK_AUDIO] >> Please join me in the Pledge of Allegiance. >> I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty And justice for all. [BLANK_AUDIO] >> Reading Clerk will read the proclamation from the governor. >> The state of North Carolina, Pat McCrory Governor, the proclamation of An extra session. Whereas on February 5th 2016, a three judge panel for the United States Districts Court, for the middle district of North Carolina ordered the General Assembly to draw a new congressional district by February 19th 2016. And As state defenders will exercise all avenues of appeal, but intend to fully comply with the courts order. And whereas the three judge panel of the United States District Court for the Middle District, the court, recognized will establish precedence that the state should have the first opportunity to create a constitutional Redistricting plan. And whereas legislative leadership took steps to prepare for possible extra session by appointing a joint select committee on congressional redistricting, the committee on Friday, February the 12th 2016. And whereas the committee held a Series of public hearings across the state [INAUDIBLE_AUDIO] and Ashville on Monday, February 15, 2016. And whereas the committee met in [UNKNOWN] to discuss public feedback and to review the court order on Tuesday February 16th 2016 and Wednesday February 17th 2016. And whereas the legislative leadership requested an extra session for the purpose of expeditiously approving new congressional district so as to comply with the courts order and minimize delay Of the primary election currently underway. ow therefore, I Pat McCrory governor of the state of North Carolina pursuant to the authority invested in me as governor by article 3 section 7, prints 7 correction section 5 And 7 of constitution of North Carolina due to extra-ordinary occasion and by and with the advise of council of state due here by proclaim that the general assembly shall convene for an extra session on Thursday February 18th 2016 at 10 AM Shall continue as provided by law and the rules of each house until

both houses shall have a joint [UNKNOWN]. For the purpose of appointing congressional districts as required by the three jury panel and to consider any other legislation necessary to hold 2016 congregational Election. In witness where of I have here on two signed my name and affixed the great seal of the state of North Carolina at the capital in the city of Rowly, the 17th day of February 2016. Pat McCrory governor. Senators courtesies of the floor were extend to Robbie Holly/g who is transcribing today's session. The clerk will now call the role of the 2015 senate. When your name is called please stand and respond clearly into your microphone so we can make sure we record it clearly. Clearly as well. [BLANK_AUDIO] >> State of 2015 North Carolina General Assembly call the roll, 2016 extra session. Alexander. >> Here. >> Apodaca. >> Here. >> Barefoot. Here. >> Barringer. >> Here. >> Berger. >> Here. >> Bingham, Bingham. Blue. >> Present. >> Brock. >> Here. >> Brown. Here >> Bryant. >> Present. >> Clark. >> Present. >> Cook. >> Here. >> Curtis. >> Here. >> Daniel. >> Here. >> D. Davis. Here >> Dave, Davis >>Here >> Ford. >> Present. >> Huchi/g >> Present. >> Guun >> Here. >> Harrington? >> Here. >> Hurtful/g >> Here. >> Hice/g >> Here. >> B. Jackson. >> Here. >> J. Jackson. >> Present. >> Provick. [BLANK_AUDIO] >> Here. >> Lee. [BLANK_AUDIO] Here. >> Lowe/g >> Here. >> McDennis? [SOUND] McDennis? >> Here. >> McKissick >> Here. >>Meredith?>> Here. >> Newton >> Here. Pate. >> Here. >> Rabin of Harnett. >> Here. >> Rabon of Brunswick. >> Here. >> Randleman. >> Here. >> Robinson. >> Here. >> Rucho. >> Here. >> Sanderson Here. >> Smith. >> Here. >> Smith-Ingram, Smith-Ingram. Soucek. >> Here. >> Stein, Stein. >> Here. Here. >> Tillman. >> Here. >> Tucker. >> Here. >> Van Duyn, Van Duyn. Wadell. >> Present. >> Wade. >> Here Wells. >> Here. >> Woodard. >> Present [BLANK_AUDIO] >> With 45 members present and having properly received and subscribed to the oath of office The quorum is present. [BLANK_AUDIO] The constitution of North Carolina general statutes in the Senate rules the 2015 regular session provide for two year terms for senate officers without objection of the record will reflect that the officers of 2015 regular session shall serve as officers Of this extra session. >> Senator Apodaca is recognized. >> Thank you Mr President I'd like to send forth rules for the 2016 extra session of the General Assembly for filing introduction and for immediate consideration please. >> you can send forward approvals >> [BLANK_AUDIO] [BLANK_AUDIO]. Introduction of resolution the clerk will

read.>> [BLANK_AUDIO] Senate resolution. Senate resolution adopting a permanent rules of the Senate for the 2016 extra session of the General Assembly. Sponsor Senator Apodaca. >> Senate resolution one the clerk will read. [BLANK_AUDIO] >> Senate resolution is senate resolution adopting the permanent rules of the senate for the 2016 extra session of the general assembly. [BLANK_AUDIO] Senators, we're gonna stand at ease for just a moment while we get the rules up on your dashboard. [SOUND] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]. [BLANK_AUDIO] [BLANK_AUDIO]. [BLANK_AUDIO]. [BLANK AUDIO] [BLANK AUDIO] [BLANK_AUDIO] Alright everybody I'm just going to give you a quick house keeping update as we continue this discernities we are going to rather than some technical difficulties here. With the dashboards so we are going to pass out paper copies the old fashioned way and so just bear with us while we are doing that and having the IT folks get the PDF of this as well on the internet so they can see it. [BLANK_AUDIO]. [BLANK_AUDIO]. [BLANK_AUDIO] Alright Senators let's come back iii does everybody have a copy of the rules? Does anybody not have a copy of the rules? [BLANK_AUDIO]. [BLANK_AUDIO] Alright just for the record Senators this has been filed appropriately and PDF of the rules for those of you who may be out there listening will be up on the website momentarily under the news and information section.

So let's get back to business. Senator iii is recognized to explain the resolution, thank you Mr President, members, let me say upfront what we have here are amendments To our existing rules. Our existing rules still are in effect. These will be amendments to set rules, so we'll have plenty of rules for everybody going forward. These rules track closely the rules that we're adopted during the 2003 extra session for redistricting There are only a handful of changes, we will operate mainly under the same rules we use in regular session. The main rules here limit the scope of bills that are eligible and ensure that we can only have bills voted on in one day. Now, what I'd like to What I'd like to do is I'll go through and hit the high points of what the actual amendments are. 31.2 authorizes standing and select committees redistricting and roles. 36.2 requires that amendments to redistricting plan be offered in committee if they are They are being offered on the floor. Let me say that again. Requires that amendments to redistricting plan be offered in committee if they're going to be offered on the floor and that they contain a whole plan with a map. 40 allows bills to be introduces in Read on the same day of the filing. 40.1 limits steps the bills to redistricting plans the House of Reps of Congress and to the bills provided for the scheduling and implementation are primary. 41 this is normally the crossover rule we are reserving this rule so there is no eligibility for those bills. 43 allows for introduction first reading and referrals to a committee to occur on the same day 43 One requires all bills that are reported in four committee to be immediately considered for second reading, rule 50 requires the second reading requires that after second reading a bill will be calendared for immediate consideration than on third reading. Rule 56.1 allows the Senate to concur in an amendment or a committee substitute of the house on the same day is received and rule 59 this rule is reserved so that bills may be sent to the house on the same day the senate iii on them. I recommend this changes to you. >> We have any discussion or debate on the resolution. Senator Lew what purpose your eyes? >> iii for a question. >> iii. >> Yes sir. >> iii in a rule 40.1 the limitation in introduction Consideration of resolutions. As I read this, you could not offer any amendment to the redistricting bill, any textual or substantive amendment, unless it pertains specifically to the 16 congressional primaries is that right? >> Yes sir [BLANK_AUDIO]. >> Another question. >> [INAUDIBLE]. >> And so anything relating to procedure under this rule will then be ruled Out of order. >> Yes sir. >> Speak on the bill Mr President. >> Senator Blue you have the floor. >> Thank you very much Mr President, ladies and gentlemen of the Senate. For the most part I think that there is a simple resolution makes sense all of us want to go ahead Go ahead and get it over with I'm reminded of the Alabama football slogan, Roll Tide. And I know that's it's gonna roll around here pretty quickly so no need in us thinking otherwise and makes sense do all of this in one day. And I'm in general agreement with that but the only provision Provision of this resolution that I find somewhat offensive because it limits us talking about the real issue in this case and that is the process by which we go through this redistricting stuff. It limits the ability to put forth workable solutions To redistricting so that we're able to get this [UNKNOWN] political thing out of [UNKNOWN] political minds who think of nature's first role in doing

everything and that is self-preservation and then preservation of their friends. I think it's an excellent resolution except for that imitation and restriction Restriction, and for that reason I'll vote against the resolution. >> Any further discussion or debate? Senator Stein for purpose your [INAUDIBLE]? >> To see if Senator Apodaca will yield to a question. >> Senator Apodaca do you yield? >> Yes sir. Just to follow upon the same provision that Senator Blue is discussing the rule 36.2. Would you be amendable to having the supply only if the amendment pertained to actually a new redistricting map as opposed to some policy provision as it deals with redistricting. The reason I ask is I understand if we're And if we were to offer a new map, we all need time to analyze it, and I don't think there's any intention on our side to offer for a new map. But it seems a bit unfair to have a rule that precludes any policy amendments for a committee meeting that already occurred before we knew that we would have Had to have offered in that committee, and then the rule comes next day later. Senator Stan, purpose with this is to have as much of this aired out the committee environment, more so than on the floor where we can deal with it More specifically and you know, in a little more depth, so at this point I would prefer that we leave it as is. >> Follow up question. >> Senator due for follow up. >> Yes. Is the committee going to reconvene after adjourn today or is the committee done meeting? >> We're reconvening. We were supposed to reconvene after 11 Thank you. >> Yes. Any further discussion or debate. Hearing none, question for the senate is the motion to adopt Senate Resolution 1. While one electronic vote all in favor of I those who vote no, five seconds be allowed for the voting, Clerk record the vote. [BLANK_AUDIO] [SOUND] Mr. President. >> No. [SOUND] Senator Stein what votes your Is, Senator Stein votes No. Thank you Senator, I was trying to do the counting. Figure out where we're We're missing a number. >> Mr. President - >> Senator Bryant, you wanna change your vote from Aye to Nay? Okay there we go. 33 having voted in the affirmative and 14 in the negative, Senate resolution one is adopted. Let the record reflect as well that Senator Lee is present. [BLANK_ AUDIO] This time the chair directs the principle court to send a message to the House of Representatives. Informing that honorable body that the senate is now ready to proceed with the business for which it has been reconvened. Senators leave of absence are requested with your approval and are granted for senators Bingham, Mageneth/g And Vandine. [BLANK_AUDIO] Senator Apodaca is recognised. Senator Rucho what purpose do you rise? >> Mr. President I rise to submit the joint select committee congressional redistricting report for the 2016 extra session. >> You can send that forward senator. >> I'll bring it up Bring it up. >> Yes sir. And also a copy of this report will also be delivered to the President pro term in the speaker's office. >> Right, thank you Senator. >> Senator's open dialogue is recognized. >> Mr. President I think Senator Rucho meant to make an announcement also about a committee meeting at the And the clock is 6:43 for senate redistricting and senate time that may be will be happy to hear amendments anybody has will have 6:43 at 11 AM is that true Senator Rucho. Thank you. Yes to reiterate Senate iii we will have a Senate redistricting committee beginning at 11 at 643 I request that all members do your best to attend because we are going to be discussing this bill in its entirety and it will be a good opportunity for you to have a chance to Review it and I would also request that everyone that does have the hard copy of the maps and the data packs please bring them with you.

Thank you Mr President. >> Thank you Senator. >> Mr President. >> Senator iii is recognized. >> Thank you Mr President I can make an announcement. Up for >> The present pro-temp appoints the following senators to the senate redistricting committee for the 2016 extra session. Senator Bob Rucho Chair, Senator Tom Apodaca, Vice Chair, Senator Chad Barefoot, Senator Dan Blue, Senator Harry Brown, Senator Ben Clark, Senator Joel Ford, Senator Kathy Harrington, Senator Ralph Hise, Senator Brent Jackson, Senator Michael Lee, Senator Floyd McKissick, Senator Shirley Randleman, Senator Norman Sanderson Senator Jane Smith, Senator Erica Smith-Ingram, Senator Trudy Wade, Senator Andy Wells. >> Senator Apodaca's recognized. >> Thank you Mr. President. As Chairman Rucho wanted me to let the body know that anyone, any member of this body May be able to present an amendment in this committee on redistricting so you do not have to be a member of the committee that being said Mr President I move to the Senate stand at recess subject to the standard stipulations set forth in rule 24.1, the following bills, the iii committee reports Committee appointments and messages from the House to reconvene today at 2 PM. >> Thank you Senator. The Senate will stand in recess until 2 PM this afternoon.[SOUND] [BLANK_AUDIO] [NOISE] Message from the House, Mr. President pursuing to a proclamation issued by Governor Pat McCory issued on February 17th, 2016. It is relevant that that message be sent to the Senate informing that honorable body that the House Representatives A bit organized and is now ready to proceed with the public business of the state of the extra session of the 2015 General Assembly. Respectfully, Denise Weeks, county clerk.