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House | June 25, 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 at Arms will close the doors. Members and all visitors are asked to please silence all electronic devices. This afternoon's prayer will be offered by Rep. Lambeth, we ask all members and all guests in the gallery to please stand for the prayer and remain standing for the Pledge of Allegiance. Representative Lambeth. If you would join me in celebrating our many blessings of this day. Our most kind and gracious Father, as we enter the eve of celebrating our nation's independence, we're reminded the struggles our country has endured, the battles fought, the lives lost and the victorious wins. We are also mindful for the courage and sacrifice of those who continue to protecting and defend us both at home and abroad and we are certain on the realization that many of this struggles exists today. We also thanks for the blessing of family, friends and colleagues, for our help and for the beauty of this earth. We pray for those who are facing illness, unemployment, uncertainty and tragedy. We pray for those who lost loved ones in their homes recently during the storms and we ask for special blessings on them as they begin to restore their lives. Prayers for your continue guidance as we go about the business of this great state. May we remain focused on the essential elements that provide a better quality of life for our citizens, for their health and their safety, the education of our youth, the conservation of our resources and fiscally sound economy and in vatualy all situations, the important things in life, help us to be better people. In your name we pray Amen. I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands our nation under God, indivisible with liberty and justice for all.  The gentleman from [xx] representative Luis, is recognized for motion.  Mr Speaker the journal for June 24 had been examined and found correct, I move that it stand approved as written. Representative Luis moves that the journal for June 24 to be approved as written, those in favor will say aye. Aye. Those opposed nay? The aye's have it. The journal is approved as written. Gratification of bill resolutions the court will read. The Wilmington reports the following bills duly ratified for presentation to the Governor. Senate bill 88, an act to assign pole attachment disputes to the North Carolina's Utilities Commission. Senate Bill 174 an act to revive that the city of Wilmington may lease from the departmet of transportation, to the department of interest in apportion of the pole, CSX be real [xx] within limits of their sitting[sp?]. Senate Bill 284 an Act of [xx] the sunset provision on the authority granted to counties and cities needing special assessment as critical infrastructure needs and to shut the number of annual installments. Senate Bill 455 actually enact the Iran Investment Act House Bill 45, an Act to amend the law regarding power technique [**] authorized by North Carolina State University chapter bill will be noted Representative Cleveland, Pittman, Speciale and Whitmire recognized to send forth a committee report the clerk will read Representative Cleveland, Speciale and Whitmire, homeland security, military and feds committee report, senate bill 545 workforce [xx] favorable Calendar Representative Daughtry is recognized to send forth the committee report the clerk will read Representatives Dobson judiciary one committee report, senate bill 570, expansion violation favorable house committee substitute,  unfavorable senate committee substitute number two [xx] to finance Bill is referred to the committee on finance members we are going to go ahead and take up the resolution first, House Resolution 837 the house will come to order we are about to take up a resolution House Resolution 837 the clerk will read Representative [xx] and Pius House Resolution 837, House Resolution the life Jr. II Pius in recognition of his excenpolaly efforts on behave of e congestions general assembly of North Carolina enacts.

For what purpose does the gentleman from Robeson, Rep. Graham, rise? Thank you, Mr. Speaker. I'd like to have the resolution read in it's entirety the Chair directs that the resolution be read in it's entirety. Representative. C. Graham and Pierce, House Resolution 837 the House Resolution commemorating the life of Julian T. Pierce in recognition of his exemplary efforts on behalf of equal justice. Whereas Julian T. Pierce was born on January 1946 one of 11 students of Limbo Indian farming family in Hoke County. Julian T. Pierce received full academic scholarship aged 16 to attend Pembroke University where he received bachelors degree in chemistry in 1966 and, whereas Julian T. Pierce worked as a chemist for the Norfolk Naval Shipyard for eight years prior to pursuing a career in law and whereas Julian T. Pierce earned his doctorate degree from North School of Law in 1976 and Master of Laws degree in tax from George University School The law in 1978. And whereas Julian T. Pierce worked in the Office of the General Counsel of the Securities and Exchange Commission for 2 years prior to becoming the first Executive Director of Lumbee River legal services and whereas Julian T. Pierce spent his entire legal career advocating in and out of the courts for equal justice for all. And whereas Julian T. Pierce was committed to preserving and promoting the cultural heritage of his people and spent many years working to win favorable recognition for the Lumbee Indian tribe. And whereas 1988 Julian. T. Pierce sought to become the first Lumbee member of the judiciary but his campaign was halted when he was murdered at age 42 and whereas the result of the election showed Julian T. Pierce received 2, 787 votes to his opponent's 8, 231 votes and whereas Julian T. Pierce with his brief life, demonstrated that the law could be used to positively impact the lives of poor and disenfranchised people in his community and his state, and whereas Julian T. Pierce remains a role model to many of his Lumbee Community and well as greater Temple area because of the struggles he overcame to become a lawyer and powers he fought on behalf of his people and his clients and integrity, his perseverance, motivation showed even in the face of personal danger and whereas Julian. T. Pierce was also beloved by his family, friends, community and colleagues that in 27 years after his death efforts are made each year to commemorate his life by funding scholarships, awards and projects in his name and by efforts to continue educating others about his efforts to ensure equality for all. Now therefor be resolved by the house of the representatives, section one the house representative honors the life and memory of Julian. T. Pierce for his efforts to ensure that every citizen receive equal justice under the law and his dedication to preserving and honoring  the history and the culture of the Lumbee Indians. Section two proposes the clerk make a copy of this resolution of the family of Julian. T. Pierce. Section three this resolution is effective upon adoption. The gentleman from Robertson Representative Grahams recognized to the debate of the resolution. Thank you Mr. Speaker and members I appreciate your indulgence today on this resolution. I want to begin by saying that our God does know no wrong we all know that and we have a just God. Many times in the lost of the loved one we all often ask but why? Why has this happened? We may not get the answer that we are seeking at that time but some point we did get resolution, and we do get answers, and this is a case with the death of the Jowey Ticares we now know that his death resulted in a judicial system in Robinson county that become fair based on the ration make up of the county during that time. Julius appears for the champion for Robinson county period he loved the people of that community he loved Robinson county when we think of about the resolution in his credentials Julianne[sp?] could have worked anywhere in this state anywhere in this country that he would have loved to work or wanted to work, he could probably work for low  street without any problem, that he choose to come back to his home community and leave and be with his people and uses talents and knowledge to promote prosperity to every raised in Robeson County whether they were red, brown, black or white Julian T. Pears worked to promote justice for all in Robeson County and election 1988 was not about

Julian Pears it was a referendum about injustices in Robeson County given that time although he paid abnormal price no doubt he is solely responsible for the judiciary we see right now in Robertson County. The death of this man sent a shock through Robertson County in the spring of 1988 and the citizens were in total disbelief that this could  happen asking a question why? How could this happen to a man who had so much promise and the desire to promote justice in Robertson county during that time 1998. For 10 years, Julian worked to raise the standards of legal care for the poor citizens in Robertson County. The counties population at that time was around 100, 000 and we looked at the racial make up it was about 37% white, 37% American Indian and about 26% African American and the African Americans and the American Indian population had wanted for many years to have justice, and someone that would stand up and five against the ratio, corruption in that county for along time and guess what, Joe and Piers come along. In 1988, the generals family, this body created a new superior court judgeship in Robinson County and the County's District Attorney was the first to announce his candidacy for that new position and of course Joe and Piers had a vision for justice in this county and at time he also announced that he would be a candidate for that position. But, God had a different plan. The residence of that county saw his bid come to an end just six weeks prior to the election and his death put a damper on the electoral process in Robinson County for a long time. on March the 26th, 1988 his body was found at his home with a short gun wound to his head, chest and stomach. Solemn and dignified the citizens during that time, during his funeral, filled the Performing Art Center at the University of North Carolina, Givens Performing Arts Center, 1700 people strong attended his funeral, farmers, educators, skilled workers, state officials, African Americans, whites and American Indians came to honor Julian Pierce on that day. They came to honor the memory of Julian Pierce the Lumbee Indian attorney With much promise. A trailblazer, a humanitarian, a father and a husband. In the aftermath of his death, of course the election results were tallied, Joe Freeman Britt was automatically declared the winner. It was determined that Julian Pierce had actually won the election, posthumously by vote of 10, 780 votes to 8, 231 votes. As a result of his death, Governor J. Martin at that time created an additional judgeship that will go to a minority appointee as with the prosecutor's job when briefed took a seat on the bench by default. Of course his murder is still a mystery, but it did bring real change in the county of Robeson, his tragic death and election resulted in a very positive political outcome by fostering a believe among Americans Indians, African Americans and others in Robinson county and others county that native Americans could and should hold legal positions. Today native Americans and Africans-Americans hold position as superior court judges Clerks of courts, magistrates, and in

my county even held the position of Robinson county sheriff as result of paeses[sp?] dedication and legacy that he left at Robinson county Julian Pierce was a legal pioneer in Robinson county. The Robinson county we see today in terms of the judiciary is a result of this man's legacy and his desire to have justice in Robinson county as as out of his legacy Julian Pierce is memorialized every year, every day, in this state and then the communities. Today we have the Julian T. Pierce memorial initiative, Pierce scholarship, Pierce scholarships at Robinson Community College, University of North Carolina, Pembroke, North Carolina Central Law School. We have the Julian T. Pierce Medical Clinic at Pembroke North Carolina. We will have an unveiling of the Pierce memorial garden at the legal services of which he worked for 10 years in Pembroke. This will happen July 1st next week. Legal aid of North Carolina Julian T. Pierce Administration office building here in Raleigh. The Pierce Hickresen[sp?] award established by the National Legal Aid and Public Defenders Association award to attorneys championing the advancement and preservation of native American right I can go on, and on, and on, and on to talk about this man who had a means to Robinson County and what it means to disease in Robinson county. And the're other individuals that can speak about his legacy and what it means to them today. Currently they have to pursue their legal careers today and that by doing that as a result of his determination to have justice  served for all, raises in Robinson county. Members I recommend this Resolution to you is not for me to bring it to you, today's body some members in here may have work with Julian Pears during those troubling times. The're members in serving this legislature who worked with [xx] during those times from representative first local here, former State Representative Oxydine[sp?] who worked closely with Julian and again it's an honor for me to have this resolution read and I commend it again to you and if I could Mr. Speaker, I would like to have the body to adjourn today and [xx]. Thank you for your indulgence, it's been pleasure.  For what purpose does the gentleman from Scotland, Representative Pierce rise? To speak to the resolution Mr. Speaker. The gentleman has the floor to debate the resolution. Thank you Mr. Speaker, I do want to commend Representative Graham for bringing this to us today Representative Grants a great representative for the district which he served to lovely people and he's doing a great job and he continues to keep the history of these people alive in this general assembly and we thank him for that. [xx] Peters, I think about that is name and I thought I stood on floor as so what now somebody is not your brother no of course not but he was a brother in the struggle and I think that is the gracious thing that we can all agree with regardless of what race we are. The work that Julian T. Pierce was thankless work. I remember well I worked in Pembroke North Carolina when I worked for United Postal Services, and I had many opportunities to meet him and talk with him briefly but the work that he did, I thought about the script he says, he whose great among you let him be the servant of all anytime that we don't understand the position that we have in life and what life has for us and it still amazes me that many of the great movements and changes that happen the rule, it's amazing that it takes blood shed for somethings to change and it took Julian T. Pierce's blood spilled on it is floor of this house to make changes in Robinson county and because of that we are much together because Julian Peters came through this part of life. I think about the fact that I know Robinson County well and I looked at this and saw one color. Many of you might not I know where that is, that's between Red Springs and Maxton, North carolina. The county comissioner Mr. Norwoods brags about all that most of the time that's where he came from in Wakulla. So it's a great group of people and we just want to thank Julian T. Pierce for his life and his time

and somethings that I've learnt as a legislator and all that we do, we pay a great price for all that we do, but it's worth it all, it will pay off after a while. We might not see it in this life, but even though Julian is gone, his name remains, people still talking about him and there was a saying only what you do for Christ will last. There are a lot of things we do will be forgotten, but when you serve mankind and give your life, your time and your effort it will be there people will always remember you for your efforts. So, I will recommend this resolution Mr speaker to my colleagues, Mr Julian T. Pierce was real worth of taking some time to today to recognize so many general assembly, thank you Mr speaker and my colleagues to just allow me for a brief moment to share that with you. Thank you. For what representative Marshell   Rise to speak about Resolution ]The gentleman has the authority to make resolution as my progress to know quite abrupt[sp?] particularly when he came to school in North Carolina Central University and he was a proud graduate and when he took over legal services in Robeson county, he was termed a tumour and people were really open arms at that time and one of the conversations that he had with Julian which we decide he want to run to become a superior court judge in Robeson county and he was appointed down with the well known [xx] and  I ask him as I did most of the judges did what makes you think that you will be able to defeat a person who is becoming dredged in the society that Deramier and his dam the job he has done in the district trendy which is another story, but and Julian said where he said I think that I have earn the trust of the people down there, and I know that we can bring the forces together can make this thing happen. Well and there was show on other conversation that I had with him a long way because him being legal leave, I guess some of the experience that he thought I had a little bit experience, a little bit more than he did, and could give him a little advice. And I tried but he cannot be really a symbol of justice in Robeson county which there was a little bit of death lacking in that county at that time. I'm pretty sure Representative Gregory will agreed with me on that. Anyway, Julian went back to Robeson county in order to help further everything on All economic development anything you could do and help out in Robinson county. Importantly I mean his life was cut shot not by his own will but by other means that are yet to be determined, and I just wanted to take this opportunity in my life I have met a lot of people, I have talked to a lot of people, I have known a lot of people and they're people that you meet that stand out that you've met and Jullian with one of those persons that stands out in my mind clearly, I know that people in Robinson County missing and I certainly miss my conversations that I had with them, I commend the resolution to you. For what purpose does the lady from Wilson, Representative Farmer-Butterfield rise? Thank you, Mr. Speaker request that all the comments regarding the Jullian Sea Peters commemorating him be spread across the journal, thank you. Further discussion further debate if not the question before the house is the passage house resolution 837 on its second reading, those in favor will vote Aye, those opposed will vote No. The Clerk will open the vote. The Clerk will lock the machine and record the vote, 106 having voted in the affirmative and none in the negative as Resolution 37 passes its Second reading and it's ordered printed, members on motion of Representative Graham of County, the Chair is happy to extend the courtesies of

the gallery to the following individuals whom I would ask to stand as their names are called and they will recognize all of those individually at the end of that. Dr. to Robin coming, is the new Chancellor for UNCP Pembroke, Joshua Malcolm who is UNCP Pembroke's lead council Cavin Jacobs who is Deputy Cousel for UNC Pembroke, Harvey Godwin Junior, Cody Eagle Horse Godwin, Queen West Godwin Deal Jdes, Vidio Mackry Cristal Chambers and Grid Lickson who is also the executive director of the North Carolina commission on Indian affairs, we appreciate you all being here today and I'll ask my colleagues to join me and officially welcome you. House Bill 347, the Clerk will read. Representative House Bill 347, a bill to be entitled An Act To Modify The Authorization of Graham County To Levy The Occupancy Tax, To Authorize Buncombe County To this is low mark of the same in tourism development taxes 6% and to make all the administrative changes and to authorize to give to county commissioners a rock county and commissioners to call the special elections and stock their fire protection district for the purpose of submitting to the qualified voters there in and the questions of increasing, the allowable special tax prior protection within that district with 10% on the $100 violation to 15 cents on the $100 valuation on all taxable property within such district General Assembly of North Carolina Annex. What purpose does the gentleman from Guilford Representative Blast rise? Speak on the motion   The gentleman has the forward to debate the motion. Thank you Mr. Speaker, members of the house, I did get a chance to take with my stokes tells people and the county commissioner who represent that area and they are fine with what was put in. For Stoke also I recommend a yes vote further discussion further debate? If not the question for the house is the third reading of the motion to conquer with house bill 347 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. 89 having voted in the affirmative and 14 in the negative, the motion to conquer with house bill 347 is adopted bill is ordered enrolled. Senate bill 286, the clerk will read Senate [xx] and D. Davis senate bill 296, a bill to be entitled act to prohibit the sale of liquid containers without the child resistance package [xx] and without labeling local containers that contain nicotine. General assembly of North Carolina enact. For what purpose does the gentleman from Davidson Representative Watford rise? To debate the bill. The gentleman has the floor to debate. This is about a cigarettes and a little refill that is about fill the refillable ones up, this bill is and this cigarettes refills, there varying concentration of nicotine and often as little as a teaspoon can cause a seizure or death. The [xx] does no regulate, require child resisting caps, only liquid containers and if cigar repeals, candy flavors unlike bubble gum and all kinds of chocolates and fruit flavors. This bills requires that be have child resistance packaging mainly the top child proof open [xx] and they be labelled as they contain nicotine as to amount of nicotine what is in the refill, the varies[sp?] will be guilty of a class A misdemeanor, and the varies[sp?] will be liable for damages to any injured party. Senate Bill 286 has been reported favorably out of the house commerce and Judiciary to committee of the house. There 's no more opposition and I appreciate your support . Further discussion for the debate, if not the question for the house is the passage of Senate Bill 286 on the second reading those in favor will vote aye those opposed will vote no and the clerk open the vote. The clerk will lock the machine and record the vote.

106 having voted in the affirmative and none in the negative, Senate Bill 286 passes its second reading and will without objection be read a third time. [xx]? Further debate further discussion, if not, the question for the house is the passage of Senate Bill 286 on its third reading. Those in favor will say aye! Aye Those opposed no! The ayes Have it. Senate Bill 286 passes its third reading. The Bill is ordered enrolled and sent to the governor. Members our motion for the day is actually with us now, we have Rondor Deckor[sp?] from right here in [xx]. Ms. Deckor, thank you for being here with us as our nurse, please join me to welcome her. For what purpose does the gentleman from Wake, Rep. Dollar, rise? I had a manual dexterity malfunction. I wish to be recorded as having voting no on House Bill 347. The gentleman will be recorded as having voted no on House Bill 347. Pages, I would ask you all to come forward, and as they're coming forward, before folks start heading out the door, we are not going to adjourn immediately. We're going to go into recess until 1:30, and so for the purpose of members wondering why that is, we're working on two potential additions to today's calendar. And again I say potential, it has not yet been determined. We've notified the minority leader that we may seek to add a local bill to the calendar today that may or may not happen. And we may, depending upon the progress, add a continuing resolution to today's calendar. That is far from done at this point, but the Chair feels that he should enquire with the Appropriations Chairs to see where we are on that. So we hopefully will know something within a hour or so, don't pack up and leave Raleigh just yet, we may have to be back at 1.30. Pages, on the other hand you all do get to pack up and leave Raleigh here very shortly. We really appreciate the good job that you've done, I've heard nothing but great reports from committee Chairs and from everyone for the job you've done. I hope you've had a chance to see some things, learn a few things about government and most importantly to maybe make some friends. I would ask my colleagues to please join me in thanking our Pages for a job well done this week. Thank you all, you are excused. Enjoy your Summer. Message from the Senate the Clerk will read. Mr Speaker, it is in order that the message be sent to the House of Representatives with the information that the Senate adopts the report of the conferees for HB 640 conference Committee Substitute A BILL TO BE ENTITLED AN ACT TO PRESERVE NORTH CAROLINA'S OUTDOOR HERITAGE FOR FUTURE GENERATIONS AND AMEND VARIOUS WILDLIFE RESOURCES COMMISSION when the appropriate action has been taken by both Chambers the bill will be ordered enrolled, respectfully Sarah Lang, Principal Clerk. The bill is ordered enrolled and sent to the governor. For what purpose does the gentleman from Durham, Representative Hall rise? Announcement. The gentleman has the floor for an announcement. Thank you, Mr. Speaker. Democrats will caucus when we go to break here in minute for about five minutes after we go to break, thank you. For what purpose does the gentleman from Stokes, Representative [xx] rise? Point of personal privilege. The gentleman is recognized to speak to a point of personal privilege, the House will come to order. Members, we have a gentleman in this Chamber that is going to be celebrating a momentous occasion this weekend and I want to Be endorsed for a few minutes, so want down some of memory line and remember some of the vendors memories I have of this gentleman. And if you think about it we've actually watched him grow up right before our eyes, and we go back many, many, many

years in the past back when he had hair and he was 23 years old when he first came here and he was one of the most ambitious hardest working legislature and he's still is, but I remember he got a bill to the floor of the house that he probably shouldn't have got to the floor, he work so hard and then he took thrush-on on the floor of the house and we remember representing the Bill Faul Well as John Blast likes to remind him got up and congratulated him on getting his bat handed to him on the floor of the house. That remains number 1.  As time evolve and time goes on which begin to see the style evolution. He begun wearing red shoes and making sport coach out of Nick blankets. He was learning a thing or two for me, then we go to the years of he and I we were full appropriations chairs and we would get into some of the most better thoughts you've ever seen in our fellow colleagues for taking wagers on who was going to attack the first persons, who was going to attach first. But even though he was young at the time, he was very wise and he knew members like John Blast, he knows kungfu, he knew I knew all the wrestling moves from the 80's and 90's and he decided just to leave me alone. And then we come to the present day, we got our present moment. Very momentous is with his slick hair, he's going to turn 30 years old this weekend. He called me an old man when we first met even though I was in my 20's and I can officially call him an old man today so everybody wish Justin Burr a happy 30th birthday. Representative Holloway are the two of you going shopping together this afternoon? It is likely. If you do, Representative Bum Gardner wants to go buy some salt with you probably. For the notices and announcements, if none members, subject to the referral of bills resolutions, receipt of committee reports and the receipt of messages from the Senate, the house will stand and recess and looking at the clock until 1:30 house in recess. may I have your attention please. [xx] and the chamber as the house prepares to return from recess, thank you. The house will come back tomorrow. We're pleased to have with us today the per motion of all the the institute of future agriculture letters a join effort by the NC farm bureau NC state university and NCA anti state university to encourage rising high school strangers to pursue a career in agriculture will you please stand to be recognized Its mt understanding that the negotiations regarding the containing resolution is making progress but is not quit completed we are in restitute 15 May I have your

attention please [xx]. Please return to the chamber as the house prepares to return from recess. Thank you. Advertise it and get out [xx] well I have been right now but [xx]. This was did not get a mass situation because what we [xx] following we didso and I hate [xx] of the deal You will have [xx] what Monday is day, I think Monday is also a day, Monday is a day it's going to be The House will come back to order. Notices and announcements. The gentleman from Gaston, Representative Torbett is recognized for a motion. Mr. Speaker I move the House do now adjourn subject to the messages from the Senate committee reports, concurrence reports, re-referral of bills and resolutions to reconvene Monday, June 29th at 7:00 P. M. Mr. Speaker. In memory, for what, the motion is the  chair will temporarily accept the, for what purpose does the gentleman from Durham, Representative Mitchell rise? Inquiry the chair. The gentleman may state his inquiry. Could you please tell us or give us some here as to what the heck is going on, I'm really Mr. Speaker and I think it's only fair that some of us know because when we're sitting here waiting on Thursday, you know  and I just. Right.

There have been some discussion occurring about the continuing resolution and no agreement has been reached, Barringer, for what purpose does Gaston Representative Torbett arise? A slight amend to the adjournment motion and I would like to do that to join in the honor and memory of Julianne Pius[sp?] Becky[sp?]   The motion made and second about the gentleman from Clay Representative [xx] The motion for the house is that the house  to adjourn in the memory and honor Julianne Buescher[sp?] to receive the message from the senate.committee Report [xx] about those resolutions those in favor aye. Aye Those oppose no,  the ayes have it. We stand adjourned