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House | July 2, 2015 | Chamber | House Session

Full MP3 Audio File

The house will come to order, members will take your seats, visitors will retire from the chamber, sergeant at arms will close the doors, members and visitors are asked to please silence all electronic devices today's prayer will be offered by Megan Clark who is the legislative assistant to representative Witmare, we ask all members and all guests in the gallery to please stand to remain standing for the prayer as well as for the pledge of allegiance. Miss Clarts? As we approach the July 4th holiday, it is vital to remember what this day truly represents. As the American revolutions was fought in the necks of the great awakenings, it is important to note that many colony saw America as a place to worship almighty God in accordance to their own dictates. Alexis [xx] said, in America, religion is the right to knowledge, and the exhibits of divine love leads men to civil freedom Colossians 5:1 tells us, it's your freedoms that Christ has set us free. Let us pray. Gracious heavenly father thank you for the many blessings that you've bestowed on us and I pray as a nation we continue to seek your favor. Gant our leaders and those here today the courage strength and wisdom needed to fulfill your wishes, in your son's Jesus' name I pray. Amen. Amen. I pledge allegiance to the flag of United States of America, into the Republic on which it stands one nation under God indivisible liberty and justice for all. The gentleman from Harnett, Representative Lewis recognized for a motion. Mr. Speaker the journal for July 1st has been examined and found to be correct, I move that it stand approved as written. Representative Lewis moves that the journal for July 1st to be approved as written those in favor will say aye, "aye", those opposed no, the ayes have it, the journal is approved as written. Members the nurse of the day to today is Catherine [xx] from Smith field[sp?] she is not here right now will come right back Messages from the senate the clerk will read House bill 273 [xx] [xx] Charlotte law no DWI expunge. Calendar. House Bill 467, Cleveland County Coroner//ME Recommendations. and without objection today's counter Without objection So [xx] and house bill 273 is been [xx] to today [xx] is there objection on that bill on this county ignites the counter[sp?] house bill 389 the clerk will read Representative Tine, House Bill 389 a bill to be entitled An Act To Clarify The Authority Of The Roanoke Island Volunteer Fire Department. The General Assembly of North Carolina enacts. For what purpose does the gentleman for Dayer representative Ton rise?  To debate the bill. The gentleman has the floor to debate the bill. Thank you Mr. Speaker this again is the Ronock island fire department instead of tax from Dale county demanding to the fire department, this cuts out the middleman, we had all but one vote representative Jitra and I ask for your support against today for the discussion for the question, if none the house will move on with the debate on its Third Reading, those in favor will vote Aye, those opposed will vote No, the Clerk will open the vote. Is Representative Baskerville on the floor? The Clerk will lock the machine and record the vote. 105 having voted in the affirmative and non in the negative, House Bill 389 passes its third reading, it will be sent to the Senate. House Bill  493, the Clerk will read. Representative Hager, House Bill

493, a  bill to be entitled an act to remove certain described property from the corporate limits of  the town of lake lure. The General Assembly of North Carolina enacts. For what purpose does the gentleman from Haywood, Representative Queen rise? Further discussion. discussion, further debate? If not, the question before the House is the passage of house bill 493 on its Third Reading. Those in favor will vote aye, those opposed will vote no, the Clerk will open the vote. The Representatives Arp, Hall wish to record, the gentleman recorded, the Clerk will lock the machine and record the vote. 105 having voted in the Affirmative and none in the Negative, House Bill 493 passes its Third Reading, the bill is ordered enrolled. House bill  634, the Clerk will read. Representative Torbett, house bill  634 a bill to be entitled an act to clarify the definition of built-upon area for purposes of storm water programs. The General Assembly of North Carolina enacts. For what purpose does the gentleman from Gaston, Representative Torbett rise? For a motion Mr. Speaker. The gentleman is recognized for a motion. I make a motion that we concur and if I can speak on the motion to state the differences. The gentleman has properly made the motion and is recognized to debate the same. Thank you, Mr. Speaker. committee members these was the bill to be passed was I was a senate, the senate didn't highlight small picture like trial picture and individual that want to know exactly what it does that pretty much incorporates the trail unpaid or paid as long as the pavement is porous with a hydraulic conductivity greater than 0.00 on one centimeter per second or 1.41 inches per hour it passes senate 470 as I'm ready to concur.  Further discussion discussion for the debate is not the question for the House is the motion to concur represent committee substitute for house bill 634 those in favor will vote aye, those oppose will vote no the clerk will open the vote Representative Luibke, does the gentleman wish to record? The clerk will lock the machine and record the vote. With 103 having voted in the affirmative and two in the negative, the motion to concur is adopted. The bill is ordered enrolled and sent to the Governor. House Bill 705, the Clerk will read. Rep. Brady, House Bill 705 appear to be entitled an act to one [xx] a type of subsurface wastewater treatment system that may serve as a basis for designated repair on the requirements for placement wastewater systems make Capacity and Management Changes for Certain Disposal Systems. The General Assembly of North Carolina enacts. For what purpose does the gentleman from Union, Representative Brody rise? For a motion and debate the motion please. The gentleman is recognized for a motion. Thank you, Mr. Speaker and fellow members. The the bill that we sent to the Senate came back exactly intact. However true to form, they did add a couple of things to it, and I just want to go real quickly nothing The gentleman is recognized for the motion to concur I believe the gentleman is making. Is that correct? And then the gentleman is now recognized to debate the motion to concur. Okay. What I said continue with is the Senate made a couple of amendments, nothing major. But just they added some adjustments to what's called the sand line trench rule and all they did was originally we had a duplicate of services to monitor these strange systems and what we did, the senate did was just limit it down to one, there's only need for one person to do the same thing and instead of two people that charge twice. And the second one is what's called a saprolite rule. Saprolite is a form of of soil found mainly towards the mountains, I believe and what we did was allow systems to be placed in the saprolite soil, and anybody who wants any further detail, Rep. Watford is of that area, you'd be welcome to ask him. But just so everbody knows, all these were approved by Health and Human Services and they actually wrote the the words for the bill. I ask for your concurrence please. For what purpose does the For what purpose does the gentleman from Wake, Representative Dollar rise? To ask the gentleman from Union a question. Does the gentleman from Union yield to the gentleman from Wake? Yes sir.  He yields. And Representative Brody I apologize for notcatching on the events but, so there, of the changes that were made there will be nothing in there that will add to the cost of an individual home owner that is having to repair, or rework,

or adding, or creating and this maybe a septic system for service of their residential home. Well the adding to the cost of the repair would basically be the cost of the repair. What happened was, several years back the healthiest human services created the repair area rule which says that if you have an initial system that you also before we are lacking the approve of half than equal side system for induce up purpose in case the urination system fails and what the rule at time says that if you had a conventional systems which requires a lot of area you need to also have a conventional system which also requires a lot of lads qualify for the initial one but dint qualify for the secondary one in what the Bill dates he says is because HHS has approved probably 25 to 30 alternate systems that if your initial system fails you can use an alternate system instead of having to repeat the very system you began with. So it may end up they will be more expensive, but you're to have an option to do that within a lot that would normally qualified for the rational system [xx] thank you. Further discussion further debate if not the question before the house is the motion can concur with senate [xx] the house committee will those opposed will vote no, the Clerk will open the vote representative Bishop on the floor, the Clerk will open the machine to record the vote 104 having voted in the affirmative and none in the negative, the motion [xx] is adopted, the bill ordered and rolled, sent to the Governor. House bill 263, the Clerk will read to the President  of  the senate, the speaker for the house of representatives, the conferees the point to resolve the differences between the senate and the house of representatives on the house bills 263, appear to be entitle and act to modify the form of government in the city of Trinity and to clarify the form of the government, method of election and termination of the election result in the city of Greensboro. Senate redistricting committee substitute adopted 6, 10, 15 submit the following report. The house and the senate agree to the following amendment to the senate redistricting committee substitute adopt. 6, 10, 15 and the house concurs and the Senate Committee Substitute as amended. Delete the entire Senate Redistricting Committee Substitute adopts 6, 10, 15 and the substitute attach to propose Conference Committee Substitute H263-PCCS 10409 - ST - 5. The conferees recommended by the Senate and the house of representatives adopt this report. The conferees approved report  July 1st, 2015 conferees from the senate. Senator Wade, Chair, Senator Rucho, Senator Barrack, conferees from representatives it's Senator Hurley, Chair, Rep. Zakorf[sp?] from Hager. For what purpose does the lady from Randolph representative Harley rise? For a motion. The lady is recognized for a motion. Thank you I move the house adopt the coccus report for house bill 263 and the speak calender. The lady motion to adopt is proper before the house the lady is recognized to debate the motion. Ladies and gentlemen the conferees meet there were six of us who met two could not Representative Hager. Be there Rep. Hager's father was having surgery and Rep. Mcklelof was no on the premises here, but they did to which unanimously agreed with by all the [xx] at the meeting that we had and Senator Richard Senator Block and Senator Wade were there thy came down to the idea that it would be good to change it to eight district instead seven and everyone agreed and as to check with the Senate and the Senate did agree with this conference report did agree was a good idea that we change it from seven districts to eight districts together people have better chance to have more representative as well as for people to have better representation. I will be glad to answer any question, thank you. [xx] late from GuidfoRd Representative Harrison Rose To debate the motion committee has the floor to debate the motion, I'm sorry, excuse me,

Mr Speaker may I ask Representative Harry two question  prior to debate on the floor his part to the does the lady from [xx] yields to lady from Guildford? Certainly. She yields. Thank you Mr. Speaker, Representative Harry, I had two questions for you. One is, did the drafters of this compromised plan considered drawing this districts in a way that would do meet their city goals, but not require the splitting of precincts or creating such large deviations between the districts. That was done with the we passed the [xx] so I don't really know exactly how they were done. Can I redirect that to the person in the Guildford delegation who may have be able to respond to that question? Mr. Speaker? I don't see anyone standing up, so it may just be a point of debate. Thank you. Do the lady wish to ask an additional question? I do please, additional question? And does the lady from Randolph yield to an additional question She yields. Thank you, and there are some questions this currently Greensboro [xx] city and licence with a primary and a general election, and it looks on page 10 of the conference report that it moves it to a runoff, election and then a runoff, can you respond to that? But I'm not sure that it was in there, and if if it was, it was done by senator Wayne. I appreciate that Does the lady wish to debate the motion? Now I debate the motion. The lady from Guildford has the floor to debate the motion to a [xx] of conference report. Thank you Mr. Speaker, I'm very troubled by this procedure and the substance of this conference report. I don't want to repeat so much of what I said Monday night, but we have a Bill that deals with Greensboro district and Senate Bill 36 that sits in the House election walls while it was stalling at committee, the contents of senate bill 36 were added to representative Harley's Bill in the senate, that was done with no notice two of us in Grilfred House delegation we made aware two minutes before the senate redistricting committee hearing but the first coming Greensboro were not aware of this, the Greensboro were going to be added to House Bill 263, so there was very little opportunity for comment. So then we had a very healthy although on Monday night that resoundingly rejected the addition of the Greensboro provisions without a referendum, 35-73. I was required that the appointees to a conference committee represent the majority, the house opinion, and if you'll remember we have the further point for the further appointed, supported the Greensboro, retaining the Greensboro provisions, so it actually seems like we may have those who've ignored our house bills on the conference committee; so then we get this report one day later the public has had very little notice I appreciate the fact that the conference report was put on the calendar yesterday there is some parts that county could review it but there is been very opportunity for that; so the house hasn't really had an opportunity to debate and in a sub-committee the substance of Greensboro completely withdrawn districts and I think that's bad. So, and I think Representative Bars[sp?] gave a better explanation of why this is a bad process and I hope that he will repeat some of this but if I can go to the substances of it so Richard Howley indicated regard some new districts are drawn, brand new district that are drawn, we have population deviations in the district that seem to be unconstitutional the current deviation and Greenbrdge district is around 4%, the new district have nearly 8.25% which is slightly less than the districts that are opposing money bill but still [XX] and we have the minority population seem to deviate the most and then we have the treatment of certain comment which is very troubling, all for minority representatives on the Greensboro city council have been double bond and we have one other democrat all the democrats in double bond but non of republican has been double bond and one democrat that has been double bond has been put in to a Republican district so that seems fair like the leverage. I think most troubling in all for that. There's also the spreading of precincts, we've got six precincts and no precincts now. We have the spreading up of communities of interest which we know is problematic and this reason was much less compact than the current districts but I think there was trouble I've seen Greensboro as much as anything is that now the city of Greensboro has lost it's ability to redraw it's own districts in the future. The bill that we had on Monday night was actually better on this point. It let Greensboro come back after four years and started doing their own up to the next census but now [xx] permanently probably from drawing it's own districts without getting the

permission of the general assembly and being the only municipality in the state with that, so that very wrong so this is just wrong. It's bad process is bad policy, it's bad for the public, it's bad for transparency. I don't know why houses conceding to the boys[sp?] in the Senate that we are compelled to have our imprint on this legislation, this is wrong for the [xx].  For what purpose does the gentleman from Guildford, Rep. Johnson rise To speak to the amendment Gentleman has the floor to debate the motion I just want to be put on record that Guildford town and the delegation did not agree to this. I think there was a comment made to the delegation was Okay with it, I'm part of the Guildford kind of delegation. The citizens of Greensboro would be silenced today by decision which we made by some, that don't even live and Guilford, don't live in Greensboro, this is democracy at it's worst. Well this is telling the citizen, in my view, that you're not smart enough to decide your form of government point blank, whether it was business leaders, politicians or taxpayers employing the representatives not do this, did it anyway. It doesn't matter if you are Democratic or Republican, denying citizens the opportunity to vote is not right. Period, it's not right. I just want to properly tell the citizens of Greensborough that I have not my back on you. This [xx] will tell the citizens how they're respected in Raleigh. I want you to know, citizens of Greensboro, is telling you that your voice is not going to be heard and I've got a problem with that what other city or county will be next? Could be yours. The citizens of North Carolina should be concern about this process, they should be. We do not have a voice honey that, just imagine if you were in here and the Speaker said to you, everybody vote except Martin County or except Alamance County. I don't think you would take that right. So I would hope that everyone but I don't see if there's a energy right now, that everything's going to be done based on what the senate recommends. That's not right, being pushed around thank you For what purpose does the gentleman from Guilford represent a ballot[sp?] rise? speak on the motion to adopt the conference report The gentleman has the floor to debate the motion Thank you Mr. Speaker and members of the house. I just felt on a bill this visibility that representing the area had to at least say something about why I'm not going to vote for this and I said most of it the other night and used up all my times so I don't want to say all that again but for me personally, I still myself out pretty clearly on April 2nd after looking at House Senate Bill 36 and giving it great study and hearing from a lot of people I state myself out that I would support it only if it was a vote of the public and although there are changes to this I'm still not sure, I thought it was better initially but I my information initialy was only two would be only two council members who will be double bond under thid plan now I'm here and it three different pairs, six total and that's troubling to an extent, but I had initially thought it was better because it wouldn't double bunk and get rid of so many incumbents without, this is an issue you have to tread carefully on because it's very easy in talking about the merits and the particulars of the plan to wander off into statements that go into the personality or the motives or something of people who want it, and so in that regard this has been a very difficult issue. It's been a very difficult issue

this entire session and that we all have to trade carefully and everybody in here knows what I'm talking about because the Senate was so adamant in this and everyone of us has business before the Senate that you care about a lot that you're working on hard, and there have been some indications from some of the members at least from what they've told me that what they want in the Senate could be affected by how they vote on this and that's another reason why I I'm reluctant to say a lot because most of you do not represent Greenboro and I'll bet 95% could care less about this issue. And you don't want to take a position on Greenboro that could jeopardize all the rest of your business in this session. And it's just been monumentally difficult from that stand point. And I appreciate those who have stood and in the face to risk and I regret it. I regret getting sucked up into and I regret  that you have to but I have to look at on the listening to people at home aside front the particulars of the plan, I think the biggest that in changes opposition is just the very fact that some of you down there in are deciding for Greensboro and we don't get to have input into that. So that really is still the case with the conference report, now I have been accused by some who want these and I didn't get to this the other night but while you voted to get to the Guildford and that's true in 2011 we distributed the county commissioners, I think its different in certain regards in that a county commissioner, a county is really more of a subset of the state than the municipalities the counties organize the school, the justice system, the social service, law enforcement and so they really are more of a of state government, another difference is counties can be made up of big cities, small cities, towns, rural area, and so a vote in a county might not get the true meaning or the true get to the true need for representation from the different types of areas in the county, but finally even if there weren't a difference there's disregard, there's this factor, just because you do something once doesn't justify continuing to do it we're human beings and the great about, I guess the one reward for aging besides loosing your youth is that you gain knowledge, you learn things and you can do better today than you did yesterday. You can do better this session than you did last session, and I do think we are going to have to come to great soon with what  really should  be the role of the legislature in some of this local affairs I know am talking to a lot of members there are a lot of concerns there and I think we need to think about that more. So I will leave it at that but am not going to hit at no bottom because am not just not comfortable with passing this without a Mr speaker for what purpose does the lady from [xx].  May I ask Representative Blust a question? Does the gentleman from Guilford yield to the I yield He yields Everything [xx] in my office, with that conference committee together, and another person there with three plus one extra person here. Didn't you say that you will vote for it is and that you would, and you just a minute and that you will vote for it, and that you agreed with it, and without a referee I don't know what [xx] we've done so far, but that is not there was no vote taken and there was no final vote and I always want to see the product first and I want sometime to think about things. To think on things Representative Harley you should have told me that if you are want to go hear you should have told me that what was said about after 4 years the city council can go back to being done locally was not on the bill I din't put that in there Just a moment Excuse me Just a moment, the members will not argue. The questions will go through

the floor, the gentleman from the Guildford has the floor to respond to the question. Has the gentleman responded to the question? No, I do not fill I signed off finally on the conference report, no I didn't That's what not I asked For what purpose does the Lady from Randolph wish to ask an additional question of the gentleman from Guilford and does the gentleman Does the gentleman from Guildford yield to the question? I yield. He yields the lady may ask the question. My question was whether four of us were in the office, did you not say you could support this? No, I did not say I support this. Okay. Does the lady wish to ask an additional question to the gentleman from Guilford. I don't know what to say. Okay, alright, for what purpose does the gentleman from Guilford representative Brockman rise? To speak on the motion. The gentleman has the floor to debate the motion. There's an old saying that you put lipstick on a pig it's still a pig. The same can be said about this bill, there's still a bad bill that we voted on, on Monday, this bill is still a bad bill, nothing has changed. It bares some repeating, representative Harrison said the senate is a bunch of bullies and they are, they're a bunch of bullies and they've been threatening members of our colleagues here everyone of you and representative Blust kind of went over that a little bit and I just want to thank representative Blust, you will always be my hero and you will always be the hero to the people in Greensboro representative Blust and thank you for always being principled and thank you for not breaking your principle representative Blust and I of every other member who will be voted on this bill because it's not right and denying the people of Greensboro a right is wrong and pinning six elected officials against each other is wrong and putting four of those folks been minority black members is even more troubling that this body would do that without a voice from any of the people and I'm just really disappointed and I'm very frustrated in this body and how we've been acting, it doesn't make any sense, and we should remember that we are accountable for what we do here and that people are paying attention and that there's going to be an election soon and I hope many of us remember that.   Welcome [xx] the general from Camblin representating  Glaciers To debate the motion Mr. Speaker   Jam has recognized to debate the motion Thank you Mr. Speaker I arise in opposition but I give a little background and I was one of the few democrats who supported the original bill on the trinity representative [xx] still do I'm quick and I warm up here to able to speak nearly as eloquently as representative [xx] I now representative [xx] and Johnson andothers and I don't normally speak on other people's local issues, but this is way beyond the local issue now that we face here today, this is a real process issue and potentially a constitutional and voting rights issue. As far as I can tell, and some one can correct me, we're getting ready to fully redistrict in Greensboro, on a plan that there has been no public notice, no public hearing, no public discussion, no committee hearing, in the senate or the house, no legal determination on the she's raised on voting rights or constitutionality, that is multiply public banking all of the minority members, that has no it takes out the ability of the city to change it later, in what may be the most unusual, and worst or lack of transparent process that this body has ever done, and that's say a lot both from the democrats and republican side on redistricting, and I'm reminded of two things that the court did last week, one is an opinion on redistricting, which Justice Ginsberg said, voters should choose their representatives, not the other way around, and as a result of the factors I've set out, I'm reminded even more about what Chief Justice Robert said on a different context, just who do we think we are? For what purpose does the gentleman from Gatson representative Bumgardner has to debate the motion. Gentleman has the floor to debate the motion. Thank you Mr. Speaker. Notwithstanding some of the arguments I've heard about some of the specious arguments made by the US Supreme Court last week. This bill to me represents, I hate saying this, but the General

Assembly is deciding elections in municipalities which I think is a bad precedent. And I have no doubt that it's been done many times before, but it's still not the right thing to do. We sometimes have debates and say, we want people to have local control. Sometimes we do and sometimes we don't. Sometimes in this instance, we don't want them to have local control. We want to have control, and we want to dictate their representation, their method of representation, how they pick there members. That's why elections are held every however many years they're held because that's the way they want it to be. If you don't like your representatives on the city council or the county commissioner or the mayor or the general assembly. The next election is right around the corner, you have the chance to elect some new people, who would do what you want them to do if you help the right people get elected that's why we have this process and I'm going to oppose this, is a resolution or amendment, to come forward for for whatever it is. Thank you. Further discussion further debate if not the question before the house is the motion to adopt the Conference Report to House Bill 263. 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. 50 having voted in the affirmative and 53 in the affirmative. That will not be toralated the culprit will be noted House bill 273 the Clerk will read. Representative Jackson and Glazier, house bill 273 about to entitle an act to clarify the provisions regarding the food, prosecution and conditional discharge of conviction of H&R felonies and misdemeanors and the stricter sentences do not apply to convictions and impaired driving. To clarify the offences involving the impaired driver cannot be expunged and to modify the law considering for nuisance in here must be held in district court and imply considering conviction of which to appeal the superior court has been withdrawn. General Assembly of North Carolina enacts. For what purpose does the gentleman from Wake Representative Jackson rise? For a motion. The gentleman is recognized for a motion. Mr. Speaker I move that the house do concur in the Senate changes to house bill 273. The gentleman from Wake has moved, the gentleman is recognized to debate the motion. Thank you Mr. Speaker. Ladies and gentlemen, this a bill that passed this chamber with only one vote against several months ago involves making it clear clarifying the DWI's are not eligible for deferral programs and are not eligible for expandment that were made in the senate, Representative Stam and I had a traditional [xx] bill that had some language applying to DWI resenacing I think without many negative votes. The senate has not seen [xx] to act on that bill at this time and so that particular language dealing only with [xx] was taken out with my permision and added into house bill 273, the final other change that was made was the effective dates, because it had different provisions, had different dates, we decided it was best to put them all the same for December 1st as traditional [xx] so we made it December 1st of 2015, and again we had a very strong vote in the house, I was aware it was coming back but I was hoping it would come home today, I appreciate both of the majority leadership for allowing it because for today and the minority leadership for not objecting, I don't no opposition or controversy in relation to the bill. Thank you Mr. Speaker. Further discussion for the debate, if not the question before the house is the motion to concur with the senate committee substitute House Bill 273. Those in favor will vote Aye those opposed will vote No, the clerk will open the vote Court machine record vote. 102 having voted in the affirmative and one on the negative, the motion to concur is adopted, the bill is ordered enrolled and sent to the governor. House bill 467 the clerk will read. Representative Hastings.

House Bill 467. A bill to be entitled, An Act to Explain the Category of Individuals who may be Appointed to Counsel Medical Examiners in Cleveland County. The General Assembly of North Carolina enacts For what purpose does the gentleman from Gaston, Representative Hastings, rise? For a motion. The gentleman is recognized the motion to adopt the Senate Committee Substitute, Mr. Speaker. The gentleman from Gaston has moved that the House do concur with Senate Committee Substitute for House Bill 467 for the discussion, for the debate? If not, the question before the House is the motion concurring with Senate Committee Substitute for 467. 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. 104 having voted in the affirmative and none in the negative the House concurs with the Senate Committee Substitute for House Bill 467. The bill is ordered enrolled Mr. Speaker. For what purpose does the gentleman from Cumberland, Rep. Glazier, rise? For a motion with respect to today's calendar. The gentleman is recognized for a motion. Thank you, Mr. Speaker. As a member of the prevailing party, prevailing side in House Bill 263. I move to reconsider my position and further move to lay that motion on on the table. The gentleman's motion is not accepted. What does the gentleman from Harnett, Rep. Lewis, rise? Members, we may have one additional bill we do not know yet. As some of you may have heard, there's an issue about a domestic violence restraining order piece of legislation. I don't know where that stands, so we're going to stand at ease a few minutes until we determine if the House is going to proceed on that. We'll also have the adjournment resolution. We'll [xx] just a few moments. The House will stand at recess until 12 noon. The house will come back order, for what purpose does the gentleman from Mecklenburg Representative [xx] rise? Mr. Speaker for a motion Gentleman is recognized to state his motion Mr. Speaker, having voted on the prevailing side, I will make a emotional reconsider into rule 18 for the conference report of house bill 263 Chair accepts the gentleman's motion to reconsider the vote by which house bill 263 was voted. Further discussion further debate? For what purpose does the gentleman from [xx] Representative [xx] rise? Mr. Speaker you inquired a Chair? Gentleman may state his inquiry And I understand why you may not have accepted the motion prior that was made because what was added to the same motion, by Representative Glazier but is that why you are accepting the motion now? Was because of the motion that he had it, he made it a clinch motion? Is the gentleman's aware the chair has the prerogative to accept a motion or to not accept a motion? The chair did not accept the motion, what the gentleman from Cumberland attempted to do was a wise parliamentary move known as a clinch emotion, but the chair did not elect to actually accept the gentleman's motion at that time, the chair has however accepted the motion to reconsider. Mr. Speaker For what purpose the gentleman from Wake Representative Martin [xx] Parliamentary inquiry Gentleman may state his inquiry Thank you Mr. Speaker, in our extended recess I was doing some research try to figure out exactly where the chair [xx] do that come from, so being for masons section 156 quote it is the duty of the presiding officer to accept or to entertain any proper motion whenever is in order and quote, could the chair direct us to what of the house rules superseed that provision [xx] Mr. Speaker For what purpose does gentleman from Wake Representative Stam rise? Representative Martin yield for question if I can get my answer, my question answer first I will be happy to yield to my colleague from Wake county I will gladly take this question it is in the the speaker has the general direction of the chamber of the floor and if you will notice whenever the question is put outside for what purpose does the gentleman rise gentleman may state a motion, that is a normal coarse person state the motion the chair is going to have the authority to accept or not to accept that motion that's been the standing in the protocol for many years before either of us were ever in this chamber Mr. Speaker For what does the gentleman from Harnett Representative Lewis rise? For a motion The gentleman is recognized for a motion I move the previous question [xx] The gentleman from Harnett has moved to previous question those in favor of the motion of previous question will vote aye, those oppose will vote no the clerk will open the vote.

the clerk will lock the machine and record the vote. 65 having voted in affirmative and 40 in the negative the motion of previous question is adopted just a moment. Senator the house rules this is, we will now proceed immediately to a vote the three minute rule does not apply according to the clerk to the committee report adoption therefore, the question before the house is the adoption of the committee report for House Bill 263 those in favor will vote aye, those opposed will vote no, the Clerk will open the vote. Strike that, strike that, will be on motion reconsidered. Clerk will cancel the vote, strike the vote. I want to make sure the questions are put correctly. The question before the house is the motion to reconsider the vote by which House Bill 263 was adopted, those in favor will vote aye those opposed will vote no, the cCerk will open the vote. Does the general from Rowan Representative one wish to record on this vote? The Clerk will lock the machine and record the vote. 59 having voted in the affirmative and 46 in the negative the motion reconsiders adopted the Conference Poll for House Bill 263 is now back before the house, for what purpose does the gentleman from Harnett reprisentative [xx] rise. Mr. Speaker Mr. Speaker inquire to the chair. Gentleman may state his inquiry. Is it necessary to move that the house now adopt the conference report for House Bill 263.  It would be in order to make that motion. May I be recognized for that motion? The gentleman from Harnett is recognized for that motion. [xx] moves that the conference that report the conferees for House Bill 263 be adopted and may have been recognized for a further motion. The chair accepts the gentleman's motion. Mr. Speaker I move the previous question. The gentleman from Harnett has moved the previous question, those in favor of the previous question will vote aye, those opposed will vote no, the Clerk will open the vote. The Clerk will lock the machine and record the vote. 58 having voted in the affirmative and 45 in the negative, the previous question is adopted. Question 4 for the house is the motion to adopt the conference report for house bill 263. I see the minority leader's light, president rules the three minutes is only on second and third reading according to our house rules, the question for the house is the adoption of conference report the house bill 263. Those in favor will vote aye those who oppose will vote noes. The Clerk will open the vote Clerk will lock the machine will the record the vote. 57 having voted in the affirmative and 46 in the negative, the conference report for house bill 263 is adopted senate will be so notified Mr. Speaker For what purpose does the gentleman from Durham, Rep. Michaux rise Inquiry of the chair The gentleman may state his inquiry Mr. Speaker in this goes back to the original motion, a motion which was made to reconsider the vote by which the matter was defeated. Did I hear that correctly or did I hear it incorrectly? It was motion to reconsider the previous vote, that's correct. With the bill was in fact, with the conference report was not adopted Does the gentleman have a further inquiry? No Looks like senate joint resolution 717, the Clerk will read Senator Apodaca, [xx] resolution 717. A joint resolution adjourning 2015 regular session and down [xx] to a date certain [xx] the house concur What purpose does the gentleman from Harnett Representative Lewis rise? To debate the resolution, The gentleman has the floor to debate the resolution. Mr. Speaker the members in this are you aware that the speaker announced several months ago that it was the intention of the Chair not to take any votes during the week of July 2nd

or during the week it begins on next Monday this resolution officially adjourns the 2015 General Assembly regular session to a date certain this is keeping with the speaker's commitment to allow people to spend time with their families to be able to plan and to enjoy part of their summer therefore Mr. Speaker I would respect for ask for support of senate joint resolution 77 team. For what purpose the gentleman from Catawba Representative Mitchell arise? To speak on the resolution. The gentleman has the floor to debate on the resolution Mr. Speaker and ladies and gentleman of the house, I came to this body in 1973, at that time, the budget was about bigger and in the tens of millions of dollars not clear where it is today, and we met and there was no actually second session, we got all the work done in the first session and got it done on a timely basis. Over the years things have changed and things are going up. Now we're beginning to add like the United States congress by taking breaks, and I'm beginning to wonder about because we're thinking to take a recess now when we could really be here doing the work that needs to be done. As much work as we've got facing us, we've still got citizens counties and school boards out there trying to decide what to do and how they're going to be able to operate based on what we do in terms of a budget. We came here as a citizens body, we voluntarily came here to do the work for the people of the state. Here we are we're going to a we've had one break already and now right in the middle of negotiations in matters that really affect the people of this state really going to take another break. We've just got a lot of work to do, and we need to do it as fast as possible. I have been here when we won to October and November and we worked everyday, didn't take a break at all because we knew the work for the people had to be done. And I think that this is just that it's not showing the faith the people put in us to come up here to do the job we were supposed to do. I mean gee whiz folks, give me a break. We going out this weekend which is the 4th of July weekend. How much work could we get done next week working on medicaid reform, working on the budget, doing all of this things that we have do that may keep us here in an inordinate amount of time? I just don't think we need to be doing this right now, and I think it's going to come back to hurt us all for what purpose does the gentleman from [xx] representative [xx] To debate the resolution. The gentleman has the floor to debate for the resolution Thank you Mr. Speaker I agree 100% with the words my good friend Ralph shared that members of this party need time most of the families and they need a break I think most of our constituents have no idea how hard we work here in the house and are not aware the sacrifices my colleagues on both make you have to travel from around the state and spend so much time away from their families, when our party was in charge we work hard and I would not at all dispute that the folks in the majority now are working every bit as hard, if not harder as we did, and I commend you for that effort that says we are elected here to be leaders and one of the biggest parts of leadership is leadership by example we do work hard our constituents also work very hard our constituents who are working on the local governments, counties is in our school systems this future is very uncertain will not be enjoying their July we owe it to them to set the example while they are working hard for the state of North Carolina to work hard for them and put our heads together stay in town and come up with the budget as soon as possible. We need a break we deserve a break, we will better serve our constituent with a break but since we failed to produce the budget we need to stay here get it done and give some certainty to the people of North Carolina I'd urge you to oppose the resolution what does the gentleman from wake representative Dollar rise? To speak to the resolution.

The gentleman has the floor to speak to the resolution Thank you Mr. Speaker members of the house, I want to make sure that no one lives here with the incorrect impression, earlier this week, these general assembly provided for continuing resolution that keeps this government funded at 100% of what it was currently funded in Monday and Tuesday because today is now 2nd of July, also want to point out and it's important to understand that we put in to that that continuing resolution the full funding for our public schools that start in a few weeks, we felt that is critically important so they could move forward. As far as I am aware most local governments and school boards school boards passing their budgets and passing them to their counties, counties and municipalities have passed their budgets most of them at this point they know that government is going to be continued to be funded 100% and that we have provided for the forward enrollment growth for our children that will be coming into school in August. So with that Mr. Speaker I think that we did conclude a very important piece of business among others this week to ensure certainty for local governments and school districts, and we will continue to work before the August 14th deadline, to ensure that we have an appropriate budget going forward for the full biennium. For what purpose does the lady from Wilson Representative Farmer-Butterfield rise? Point of information questions. Is the lady asking a parliamentary inquiry? No not a problem for you [xx] I want to ask some questions about the adjournment. Does the gentleman from Harnett yield to the lady from Wilson? I do Mr. Mr Rules Chair, I wanted to find out, what's the estimated time we would probably finish this session given that we've had two breaks this spring break, and then the upcoming independence. Actually, chair will take this question. Representative Farmer-Butterfield, first off, I want to address two things on this, one, this date was discussed several weeks ago with the majority and the minority specifically so wouldn't there [xx] occur some sort of partisan political [xx] either side, the rational for having the spring break which we had, and for having this break was designed to make the body more also to recognize that we will be here for probably seven more weeks, and allow it to be at least allow it for folks who have families as well give legislatures a whole week. Back in the district to be able to be more accessible to constituents back home, as well as the staff who have been here working as I'm sure the members are aware very long hours, very long days additionally I want the members to understand that during this break, that many members including a lot of the appropriations committee folks will probably still be here working on the budget and working on many of those key issue which were brought up in discussion earlier. So just because we're not in this room, and just because we're not having next session, certainly does not mean in any way whatsoever that folks who were working on the budget negotiations are not and would not be working, but as far as the question to the rules chair cannot answer that question nor the can the speaker, we would adjourn and we would go home, once we have completed our work, and we'll still have many issues before us, so whether that's two weeks or whether that's six weeks, that remains to be seen. Follow up? The lady is recognized for further inquiry. What's the reason for the adjournment resolution this time, and not for the Spring break. There was a discussion questions about posts going to the process having to turn down the [xx] and go through that process the exercise this time was done faired better just to do in a [xx] folks need to be here working including the member and anyone else who needs to be here working on matters those members can be here we will receive reimbursement when they are here frankly it seems just to be a better practice to do it this way One last question Mr. Speaker Yes Ma'am Does this set a precedence for the short 2016 given what we are doing this year Not at all in fact this question came up in our core case today, the key difference hare [xx] anywhere, and short session we will have come in May and so the fact we've been here now I guess we just finished we been here nearly six months once we, it's a little different than next session short session which I hope will be just a few weeks For what purpose does the lady from Wake Representative Avila rise? To speak to the

resolution The lady has the floor to debate the resolution Thank you Mr. Speaker. North Carolina has probably the advantage with the citizen legislature but it's also a detriment to have a citizen legislature because I would venture to say there have over the years been literally thousands of people who have looked at the possibility of coming down here serve but when they look at a schedule that is not set at weeks and months of being away from family, working 14, 18 hours a day, passing legislation at midnight and later and they have to make a living for their family and be there for their family, they say no thank you so personally I feel like us giving two of our members here that advantage strengthens possibly the future of the people who may consider coming to serve us in the legislature. And I would ask that you vote for the resolution. For what purpose does the does the gentleman from Durham, Rep. Hall, rise? To speak n the resolution. The gentleman has the floor to debate the resolution. Thank you, Mr. Speaker and I want to think my fellow members who all campaigned and took an oath to serve understand that our constitution sends us down here for a specific reason and certainly adjournment is something that we should have. And of course it's anticipated that that comes at the end of completion of at least the primary duties for which we were sent here and for which we campaigned and which we promised and for which we get paid. Although may be a meager amount. So adjournment is something that certainly should come. Our primary duty when we came down here though was the budget, and I notice in this adjournment resolution there is no specific provision or requirement that anyone meet or provide that officially that they can meet and work on that. As a matter of fact, I would note, as far as I know we don't even have conferees appointed for the budget process so that can't happen. I'm not sure what helter skelter work or whatever will be done because it's not specified and we haven't discussed it. I don't know that the appropriations, they say they are going to meet on July 14th, 15th and 16th. I don't know that they know they're supposed to be meeting next week and getting something done without hearing fully the budget that's proposed. So I'm concerned that we've kind of gotten of the track, and we're all big boys and girls here. We know what we signed up for. We know what our primary duty was be and we also know there's a big question called medicaids and that there's will, and we haven't dealt with that and so for us to keep pushing off, and not getting things done that we know are absolutely in the best interest of our citizens at some point we're going to have to look in the mirror and take responsibility for that, you know yes we say we need a break for family, and we determine how first and how well we move on legislation. We just saw a primary example of it today. We had a bill we allowed to hang around hang around, hand around and then at the last minute gets two or three or four or five or six votes. I lost count how many different procedural and other votes we had on that bill. So we can move when we want to and when we decide not to, we don't but we all have to be responsible for that. That's alright. I understand and respect the fact that folks won elections and they are in leadership, but we all paid be the price and all the citizens in North Carolina paying the price on this, so our desire for vacation should be something upper most on our mast when we decide our schedule, and I will direct your attention back to when we first came in the session, first thing we do was took a two week break, now  I'm not sure or how much work was done during that two week period, but we have to be responsible for that, and folks at home now who can't really rely on what their community colleges can do regarding tutions and enrollment, folks who can't rely what their local school system can do because of funding and lack of TAs or being at risk, this issue continue to plague our state. The difference between us taking a paid vacation, and that's where we are, versus an unpaid vacation, however you want to term it, we're not getting the work of the people done, we don't have any specific committees that we know of and the citizens know of that

will be here working for the citizens best interest during this week off, so I really am concerned that we're starting a president now, two years ago we had five breaks form legislation and then said we had the shortest session in history as long as you didn't count the five brakes that we had, and came back five special sessions. So let's be truthful about what we're doing, let's get our work done, everyone works hard we can't question people's motives regarding the work, but we can certainly question the work schedule. Finally, Mr. Speaker, a question of the chair. Mr, Speaker a question. The gentleman is recognized for an inquiry. Thank you Mr speaker, you indicated that members who felt they had work, or items they needed to address here in Riley next week, there was a procedure in place or there will be a procedure in place, would you tell us what that procedure is. The member simply needs to request the reimbursement for the mileage, and for the my office. Thank you Mr. Speaker. For what purpose does the gentleman from Cleveland representative Mershally rise? Speak on the bill. The gentleman has the floor to debate the resolution.  I think everybody sitting in here when we look up to see what devote county is. I going to hope that that vote count says we're going home in spite of all the political pestering and everything else. Let me tell you something, I don't appreciate anybody ever getting up and making it appear that I am not doing my job, or we are not doing our jobs. Everybody in here works hard, I've watched, I've seen what goes on. We may not agree with each other the way the outcomes of bills or this or that, but I don't think anybody can stand up, and say that everybody in this chamber does not do those things that they were sent up here to do, does not work hard each and everyday so I I just want to mention that for those two weeks that we had bad weather, I was here. For the week that we took [xx] I was here because I have things to do but guess what, I'm going to go see my grand kids this week numbers is going to show up and it's going to say go home because everybody in here wants it again aside from the political posturing because this subject was brought up earlier in the year and we all agreed that it was probably a good idea, why, because some of us have been here before throughout July 4th week throughout the summer and spend our summer up here and then we get a chance to spend time with our family and our grand kids and everything else. So I now look around and I see people who probably do have grand kids and some of you got kids at home so it's time to think about our families as well and I tell you this much, I don't think there's anybody back in my district that would deny me the opportunity to go home who spend time with them and my grand kids and if your're doing the job as I know that everyone here is, you shouldn't have any problems going back there and talking to people your district either, I think they understand, I ask you to vote for this For what purpose does the Gentleman from Mecklenburg Representative Jeter rise? Speak to the motion Gentleman has the floor to debate the motion I, thank you I apologize Mr. Speaker, it's actually because up until my good friend Representative Special spoke, every speaker drives home and sleeps in their own bed every night. I don't have that luxury, two and a half hours, and you know what else I don't get to do when I go home, or I go to my apartment, it's not just about my wife and my three kids, it's also about about [xx] with my constituency. You go home to your district every single day, and you get the advantage that some of us don't get, and it's not just about family I could go on a vacation for the whole week, but I'm not. Because I'm going to spend the next five days in my district trying to make sure that my constituents feel like we're doing the right thing, and I don't have the luxury of doing that. Like every speaker, that's spoken on this floor today until Representative Bash Ali got up it should take me two and a half ours to get home, if I'm behind Linda Johnson it would take me two hours and fifteen to get home but make no mistake, work is being done, and this is as much about interactive with our constituents, interacting with our families, and rejuvenating

ourselves as anything we can do and I will strongly encourage you to vote for this so we can get back and find what is important, and make sure we have it. Forgotten that, because I don't think we have.  Further discussion for the debate if not the question before the house is the adoption of the Senate Resolutions 717 for Second Reading those in favor will vote aye those opposed will vote No the clerk will open the vote The clerk will clerk machine record the vote. 68 having voted in the affirmative and 33 in negatives, Senate Joint  Resolution 717 passes it's second reading and will without objection be read a third time. The Senate resolves the House concur. Further discussion for the debate? If not, the question before the House is the passage of Senate Joint Resolution 717 on its third reading those in favor wlll say aye, Aye! Those opposed no, No The aye's have senate joint resolution 717 having passed its third reading is ordered enrolled House meeting in just  a  moment Members the chair is going to open up for notices and announcements, so we're checking with the senate to make sure everybody is ready to go home before we actually adjourn here. For what purpose does the gentleman from Gaston representative Hastings rise? Personal privilege Mr the gentleman is recognized to speak to a point of personal privilege. Mr. Speaker while we have just a few moments I wanted to honor a promise if you will to some people in Cleveland county, as you know for the last four and a half years we've announced state championships for teams in Cleveland Easton counties and promised to honor Chrest which is actually in the speaker's district and we've been busy so I haven't had a chance to do it on your behalf but today I want to honor that promise to them and remind one that in December of last year in [xx] stadium, Chris shut down a half [xx] ] spread offense that 51 points per gain by controlling the clock and forcing turnovers in a 24 to three victory to win the North Carolina three championship and just wanted to announce that on behalf of the delegation. Thank you. For what purpose does the gentleman from Durham representative [xx] rise? for an announcement Mr. Speaker. The gentleman is recognized for an announcement. Thank you Mr,. Speaker, Democrats will concuss immediately after today in 1425 thank you. For what purpose does the gentleman from Lane representative Bell rise? Point of personal privilege. The gentleman can I ask to speak to a point of personal privilege Ladies and gentlemen the house I think it was two weeks ago representative [xx] [xx] until they got and I noticed today we have two new members joining us Representative Bold and Representative official twin so thank you all so I look forward to work with you. Representative [xx] I think that representative [xx] is a honorable mention as well we take him in consideration in the next meeting Member of chair I would like to speak to a point of personal privilege just a moment wanted to say today was one of the more contateous days that we've had and certainly won't function to know that each and everyone of you, my prayers and thoughts certainly hope that every this 4th of July that we have, that everyone have a safe time whatever you're doing get some good time to spend with your families and have an opportunity to come back recharged ready for what I know will be some very busy hard charging weeks ahead of us, but

given the nature of the debate certainly wanted to remember this house tonight that certainly valuable one of you and consider you all part of an extended family and friends, as representative [xx] says we're somewhat disfunctional family times but we are nonetheless. Also we'll ask our pagers to come forward. if you all come forward please we'll know, thank you for your service this week. Unlike us after today you don't have to come back. Pages, we've heard nothing but good reports about the job that all of you did this week. I hope you had a chance to observe and learn something from your government in action and also that you made some friends. I would ask my colleagues to please join me in thanking you for the good work you all did this week You are excused. Further notices and announcements? Special 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 the Senate adopts a Report of the Conferees house bill 263 conference committee substitute a bill to be entitled enact to modify the form of government the savior of trinity and to clarify the form of government of election and determination of election results in the City of Greensboro. When the appropriate action is taken by both Chambers, the bill will be ordered enrolled. Respectfully, Sarah Lang, Principal Clerk. Noted, ordered enrolled. Further notices and announcements? If not, the gentleman from Harnett, Representative Lewis is recognized for a motion. Mr Speaker, subject to ratifications of bills and resolutions and messages from the Senate, committee reports, conference reports, re-referrals of bills and resolution, and appointment of conferees, I move that the House adjourn pursuant to Senate Joint Resolution 717 to reconvene Monday July 13th, at 7 O'clock PM. Representative Lewis moves, seconded by Representative Stam. Now pursuant to Senate Joint Resolution 717, and subject to the ratification of bills and resolutions, the receipt of messages from the Senate, receipt of committee reports, receipt of conference reports, re-referrals of bills and resolutions and appointment of conferees, let the House be now adjourned to reconvene Monday, July 13th at 7PM. Those in favor will say Aye. Aye. Those opposed No. The Ayes have it. We stand adjourned.