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House | June 24, 2014 | Committee Room | Appropriations Government

Full MP3 Audio File

Good afternoon. I wanted to thank everyone for the House Committee on Government today. I want to start off with an introduction of arms. Reggie Fields. Marvin Lee. John Brandon, behind me. And Mike Clampett. Introduction of pages, Thomas Moore III from Orange County sponsored by Representative Insko, Hadley Nelson from Mecklenburg County sponsored by Representative Samuelson. Carter Noker from New Hanover County sponsored by Representative Davis. Rowley Pearson from Wake County sponsored by Representative Stam. And Lucy Russell from Wake County sponsored by Representative Meyer. Ladies and gentlemen, we have three bills. We’re working steadily to shut down the government committee for this summer session so we do appreciate your attendance today and discussion on these bills so we can move forward. First up we’ll have is House Bill 1051. Representative Whitmire. [PAUSE] And I will remind everyone, plenty of discussion, let’s roll. [SPEAKER CHANGES] Thank you, Mr. Chair. Thank you committee. I will be succinct but I certainly welcome questions as they’re needed. One of the many study committees that met January through April was the food desert zone study committee. And what we discovered, a term that often times people ask what’s a food desert in the first place. In a nutshell, we have 1.5 million North Carolinians in 80 counties that depend on the definition whether they’re in a rural area or an urban area, don’t have ready access to nutritious food. And we’re talking do they live in an urban area where it’s a three quarter mile walk to a corner store or in a rural area where it’s 15 miles to just a grocery store. So in the end, cardiovascular disease, obesity, so many health maladies that are exacerbated by poor nutrition, the American Heart Association, YMCAs, the PTAs, the alliance for health and a host of others came on board to give us support. Certainly bipartisan, Representative Holley was very key. And with that we found a way with House Bill 1051, to regear government in a measure to where money that the state receives federally can be more effectively and efficiently used by an organization, Cooperative Extension, that’s geared to connect agriculture, agribusiness to where people are who need their products. And simply put, this is a way to more efficiently use several programs. Some are feeding programs through the department of public health, that accounts for about 8 million dollars. It’s not utilized throughout the state, but those funds are there. And school breakfasts, which that figure gets up to 113 million dollars, it’s federally funded. While 96% of the school systems use them, 30% of the kids don’t participate. And there’s many other programs to where being, using an agency that’s geared to connect people with agriculture and agribusiness, and provide better markets for the private non-profit and government sectors, this bill is just an efficiency measure. It doesn’t require an appropriation. And I ask that you support it. I’ll entertain questions if there are any. [SPEAKER CHANGES] Thank you, Representative. To the committee, any questions for the bill sponsor? Representative Luebke. [SPEAKER CHANGES] Mr. Chairman, in the bill I notice that once again the contract goes to NC State and NCA&T plays a secondary role. And I’m wondering first of all if one of the bill sponsors would address why they’re not co-equal. [SPEAKER CHANGES] I will address that question. But first of all what we’re doing is we’re doing a system, we just transfer something over to a system that’s already in place. And NC State has more outlets in the cooperative extension than does A&T. But this will be done in conjunction with A&T, and with some of the other entities that are involved. We were just looking for a way of shifting monies a little bit, for a network that was out there, so that somebody in one county, all the counties can get the same information. And that’s basically what this is. [SPEAKER CHANGES] Just a quick follow up. So you as bill sponsors are happy, and Representative Holley you spoke to it, are happy with this arrangement? [SPEAKER CHANGES] Yes, and A&T is happy with it. [SPEAKER CHANGES] Okay, thank you. [SPEAKER CHANGES] Any other questions from the committee?

Representing the bill [SPEAKER CHANGES] A Motion at appropriate time Mr. Chairman [SPEAKER CHANGES] All right this the proper time to represent the bill [SPEAKER CHANGES] Like to move on for favorable report for house till ten fifty one, I do not see a referral.[SPEAKER CHANGES] Ladies and gentlemen we have a motion in favor ?? ?? of house full 1031 All in favor vote aye.[SPEAKER CHANGES] Aye.[SPEAKER CHANGES] Any opposed? [SPEAKER CHANGES] Most agree, thank you.[SPEAKER CHANGES] Ladies and gentlemen next is senate bill eight seventy one Senator ?? called me with this bill he is out of town today but it’s a very simple bill so I am going to kind of give you information Senator ?? thank you so much he didn't tell me you are here please present the bill.[SPEAKER CHANGES] Thank you mr. Chairman Senator ?? is in Washington today for some of the other business today so I am happy to present the bill as bill correspond to. this is fairly straight forward bill This is just DN axing three plots of land measured ?? acre ?? and meant to this city of Durham both govt have been in communication about these three plots and all are in agreement about this and pass the senate unanimously. ?? [SPEAKER CHANGES] The represent has a favourable report on the bill with a referal.[SPEAKER CHANGES] any other question to me.[SPEAKER CHANGES] ladies and gentlemen you have most in favor say Aye.[SPEAKER CHANGES] aye.[SPEAKER CHANGES] any opposed ?? [SPEAKER CHANGES] the most agrees. [SPEAKER CHANGES] Senate bill 865. [SPEAKER CHANGES] You have a ?? [SPEAKER CHANGES] Thank You Mr. chairman first of all I like to thank the chair I know there were many members. [SPEAKER CHANGES] ?? [SPEAKER CHANGES] enquire the chairperson. [SPEAKER CHANGES] Yes. [SPEAKER CHANGES] Could you or staff and formal or else to the process followed for this bill become part of the calender ??[SPEAKER CHANGES] I will the chair was actually communicating with those pastor who said yesterday after he had presented the bill in committee it did not get a favourable report but did not get fav reportpresent this bill presented again since there were several members whether they were not in committee yesterday.[SPEAKER CHANGES] ?? follow was ??[SPEAKER CHANGES] yes. [SPEAKER CHANGES] My question would be following the vote of yesterday what calender was senate 865 belong?[SPEAKER CHANGES] Mr. Chairman the bill remained in committee the motion for fav report so the bill just remains in committee. on the committee calender there is no unfavorable or favorable calender. [SPEAKER CHANGES] follow ?? please Mr.??[SPEAKER CHANGES] For please Mr. follow Could staff plz tell me what consequence the 1215 vote had yesterday if the bill just suddenly appears on calender again.[SPEAKER CHANGES] well motion for favorable report can be renewed ?? meaning not the same meeting regardless of what the vote was yest so a motion for fav or any other motion would be better in order that voted unfav yest what ?? of the community.[SPEAKER CHANGES] Thanks Mr. Chairman[SPEAKER CHANGES] Thank you[SPEAKER CHANGES] Senator ?? you have a call Well you should what i was about to share I really appreciate the committee taking in acount the no to be called out to other pressing committees as well and give them an opp to vote if they desire to do so and representative George would like to share bill Thank you and i would like to thank the Chairman for allowing this to come back up again its a renewable motion for a fav votes we had a good debate yest but we also had some things were said they were not exactly true and I wanted to address some olf those something to some of those to keep in mind of 80J is a state authority the police power thats granted to a state auth we have delegated to them I have a question about why we are Durham focusing in a local control this ?? to control areas outside our city municipality area of limits is purly of state authority statute one sixty we can also remove and take them away or lower it limit it ctempting to do in this case The 80J ppointment in this

Situation has become an political hot potato and this town had deliberately turned away town appointments to the ETJ board to represent ETJ residents and the reason they did that is that they have the survey where they ask the applicants do you support the town's planning and basically they now ask for a rating. Rate from one to six I think it is. How much you support the town and then they go and pick those people. So there is no real representation for anybody in the ETJ who does not want regulation and that's the folks who have come to us and have asked for some relief from this regulation from authority they cannot elect. They can vote for their state representative their state Senator, their county commissioners but they cannot vote for these town commissioners who're putting regulations on them and the real reason remember for having an ETJ it's for expanding, expansion of the town and the school of governments had a presentation where they said well I had an ETJ it was for the areas that were expected to come within their corporate limits in the near future and allow for a smoother transition from county to municipal services. ?? has never annexed anyone except voluntarily and if it's voluntary then the owners of that property do not have to put those regulations put on them they voluntarily choose those and they ask to come into the town and then meet all the conditions of the town. We are here to represent our constituents on a local bill that I'm sure all of you would on your own local bill to represent the constituents that would vote for you who want some relief from this basically the tyrannical power that this town exercises. This town which constantly goes into private meetings closed meetings to discuss every meeting under the sun. They are not forth coming. The mayor that stood their yesterday has stood on the council for many years and knew about this issue but acted like he was completely new. And that's why we stand here today to protect our citizens and I'd hope that you would support this bill. SPEAKER CHANGES: Thank you. Representative Holly. SPEAKER CHANGES: Thank you mister chair. First of all I'd like to say the district of Columbia is a perpetual ETJ to nobody and they don't have voting rights in Congress. But they benefit through all the laws and things set up coming out of the federal government and the adjacent areas in Virginia and the state of Maryland. And so does the town of Boon, just wanted to put that out there. SPEAKER CHANGES: Thank you so much Representative Holly. Representative Fisher. SPEAKER CHANGES: Thanks mister chairmen. So I have a question for the bill sponsors so what you want is a move from the tyrannical powers of the town counsel to the tyrannical powers of the state legislature. ?? SPEAKER CHANGES: Yes you may reply. SPEAKER CHANGES: I'd object that was completely unfounded that was not at all the continuance of what we were discussing. They could now go and petition they're county commissioners for protection from using such things as high impact land use ordinance which is out there now and get protection from people they can actually vote for. SPEAKER CHANGES: Follow up mister... SPEAKER CHANGES: Follow up. SPEAKER CHANGES: Thank you mister chairmen, just a statement. I noted that in the remarks today that you spoke of the mayor of the town of Boon as having been a longtime member of the town council. And while that may be true he is a very recent mayor and I noted from his remarks yesterday that their has been an ongoing effort to bring folks around the table on this issue. I would hope that that would be something that the sponsors would entertain rather than coming straight to the legislature for relief. Thank you. SPEAKER CHANGES: Thank you. Representative Bird. SPEAKER CHANGES: Mister chair I just wanted to be recognized at the appropriate time for a motion. SPEAKER CHANGES: Thank you. Representative Pippin. SPEAKER CHANGES: That's what I was gon' do. SPEAKER CHANGES: Representative Ramsey, Representative Collins. SPEAKER CHANGES: I gotta a question would you explain what was...you at least alluded to one time yesterday about some kinda hundred foot elevation rule where apparently there's more restrictions on people that live above the level of a certain transportation artery or something I didn't understand what that was all about. SPEAKER CHANGES: I think what you may be referring to is what mister Templeton was talking about what happens with Boon being lower and having the surrounding countries around it higher that the amount of regulations for their steep slope is vastly disproportionate the vast majority is outside the town of Boon. So they are regulating disproportionately people outside the town of Boon than people inside the town of Boon. SPEAKER CHANGES: Any other questions from the committee. Representative Lu. SPEAKER CHANGES: Thank you mister chairmen let me start with a ...

Question for staff and this is about Watauga County. Does Watauga County have a zoning ordinance? [SPEAKER CHANGES] It does not have a general zoning or sub divisional ordinances, is my understanding. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] I guess the follow up would be if there is no zoning protection for the citizens of Watauga County including those inside the ETJ, would you not want to amend your bill to say that it takes effect on the same day or the day after Watauga County passes a zoning ordinance which clearly protects people in the ETJ. [SPEAKER CHANGES] What I don’t like about that is the people of Watauga County have the right to petition their county commission to talk about zoning or not. For a contingency on something that the people have a right to do or not seems to be a bit restrictive and one of the reasons why from the original bill we changed the date of effect to 1st January was that that gives us a six month window for people to begin to look at if they have any concerns and be able to address those to the county commissioner if they have some but that would be, once again, the people of Watauga County making that decision with their duly elected officials. So I think that can be covered in that timeframe and that should be up to the people of Watauga County to decide. They can choose at any time. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Yes. Follow up. I thought I heard someone say yesterday, it may have been you sir that along these lines of what the Watauga County has done, that Watauga County has endorsed this bill? [SPEAKER CHANGES] There was a resolution from the Watauga County Republican Party. That was a local group and they endorsed this. So, that’s what you’re probably referring to. [SPEAKER CHANGES] Well you implied that it was endorsed by the county commission and I’m now hearing that it has not been endorsed by the county commission. So. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] I think you’re confusing a couple of issues here. At one point I did mention about the resolution and that at another time another question was asked if the county commission had endorsed it and it was clearly stated that there had not been a county resolution but that a majority of county commissioners do, in fact, support this. That was what was stated. I’m sorry if you misunderstood. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] But, what I heard was that the county commissioners had taken a vote in support of the SB865. That was inferable but not what you meant? [SPEAKER CHANGES] I’m sorry if you infer that is not what I said that’s not what I meant. [SPEAKER CHANGES] Representative Faircloth. [SPEAKER CHANGES] Thank You, Mr. Chairman. I looked a little further into some of what we heard yesterday and the discussions that went on and I think Representative Fisher mentioned, I heard the mayor introduced as the new mayor and I got the impression that he was new to the game and therefore haven’t had a lot of input into this. Perhaps I misunderstood him but I was operating under the assumption he was relatively new to this particular argument. Then I found that he’s been a member of council for a while. I’ve also served on city councils and I frankly think there’s a place for ETJ. I think if it’s used correctly it can help cities and towns plan to move the way they want to move but after looking further into the ?? situation, it looks like ETJ was used instead as a boundary to operate within without the intent of moving the city into that boundary. So, I think it has been improperly used. I think this is probably not the right venue for this to be settled, it should be settled in ?? and in that county. But nevertheless it’s not being, so it’s here and so, I will change my vote from yesterday and vote in favor. [SPEAKER CHANGES] Any other questions from the committee. Representative Berger, you’re recognized for a motion. [SPEAKER CHANGES] Request the ?? ?? ?? [SPEAKER CHANGES] Thank you, Mr. Chair I move that we give SB65 a favorable report. The clerk will call the roll. [SPEAKER CHANGES] Representative Adams – No. Representative Bill – Aye. Representative.

… Boles? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Boles, aye. Representative Brandon? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Brandon, no. Representative Brody? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Brody, aye. Representative Brown? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Brown, aye. Representative Burr? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Burr, aye. Representative Cleveland? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Cleveland, aye. Representative Collins? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Collins, aye. Representative Davis? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Davis, no. Representative Earle? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Earle, no. Representative Elmore? Representative Faircloth? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Faircloth, aye. Representative Fisher? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Fisher, no. Representative Floyd? Representative Ford? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Ford, aye. Representative Gill? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Gill, no. Representative Goodman? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Goodman, no. Representative Hall? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Hall, no. Representative Holley? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Holley, no. Representative Holloway? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Holloway, aye. Representative Langdon? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Langdon, no. Representative Luebke? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Luebke, no. Representative McGrady? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative McGrady, aye. Representative McNeill? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative McNeill, aye. Representative Meyer? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Meyer, no. Representative Mobley? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Mobley, no. Representative Moffitt? Representative Moore? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Moore, no. Representative Pittman? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Pittman, aye. Representative Presnell? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Presnell, aye. Representative Ramsey? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Ramsey, aye. Representative Ross? Representative Setzer? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Setzer, no. Representative Turner? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Turner, aye. Representative Warren? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Representative Warren, aye. Representative Wilkins? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Representative Wilkins, no. Chairman Stone? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Chairman Stone, aye. [SPEAKER CHANGES] Ladies and gentlemen, the motion passes with a vote of 18 to 16. Thank you for… [SPEAKER CHANGES] Mr. Chair? [SPEAKER CHANGES] Representative Wilkins. [SPEAKER CHANGES] Thank you, Mr. Chair. May I be recognized for a motion? [SPEAKER CHANGES] You’re recognized for a motion. [SPEAKER CHANGES] I would move that this bill be given a sequential referral to finance, and if I may, I would like to ask if Representative Setzer would yield for a question. [SPEAKER CHANGES] Representative Setzer? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] Thank you for your indulgence, Mr. Chair. Representative Setzer, do you feel it would be proper to have this heard in Finance? [SPEAKER CHANGES] The Finance Committee takes up annexation, de-annexations; however if this committee’s will is to send it to Finance, we’ll take it. We take everything else. [SPEAKER CHANGES] I’m going to refer to staff and ask Gerry Cohen if he’ll comment on this for us please. [SPEAKER CHANGES] Just a second. If the committee can certainly make a recommendation to the chamber that a bill be referred to be re-referred somewhere else, but if the rules do not require it to go to the Finance Committee, then it will be up to the Speaker’s discretion on whether to refer it to finance or not, but the committee certainly can recommend whatever it wants. [SPEAKER CHANGES] So this bill does not require to go to finance? [SPEAKER CHANGES] Not in my opinion under the House rules. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Mr. Chairman? [SPEAKER CHANGES] Saying that, this meeting is now adjourned.