[BLANK_AUDIO] [BLANK_AUDIO] May I have your attention please. Visitors please Retire from the chamber as the house prepares to return from recess thank you. [BLANK_AUDIO] [BLEEP]. [SOUND] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]
[SOUND]. The house will come back to order. House bill 283 the clerk will read [BLANK_AUDIO] Representative Bishop house bill 283 a bill to be entitled an act to enhance criminal privileges to persons who commit or trespass real property reentering after removed. Pursuit to a valid order by [INAUDIBLE] creating false documents to title possession. General assembly of North For what purpose does the gentleman from Cumberland representative Floyd rise? >> Mr. speaker on the senate bill 881 I wish to change my vote to No. >> The gentleman will be recorded as having voted No on Senate Bill 881. The gentleman Mecklenberg representative Bishop is recognized to debate house bill 283 I believe I need to be recognized to move to concur or to >> Gentleman is recognized for a motion >> Move to concur >> The gentleman is moved to concur the gentleman now has the floor to debate the motion. >> Thank you Mr. speaker. This was my first occasion to have a bill or representative Blackwell sent this bill over originally their was a companion bill here. And the bill text was substituted and I understand sometimes that doesn't work out well but in this particular instance, here's a great improvement. There's a FANA/g in the built/g text that now exist is just less than a full page was a request from the registered deeds and Charlotte. We've had a problem there and I think elsewhere People squatting in homes, and then when they are confronted by law enforcement they present a false lease or something like that. Or ultimately go through the process while get evicted but it's enormously disruptive and damaging for the property owners. This bill now modifies the first degree trespass Criminal statute to elevate to a class I felony and include a $1000 fine if anyone is engaging in that code of conduct that is to say they have reentered the property that hasn't been previously removed and also of they If they knowingly create or provide materially false evidence of an ownership or possessory interest so I commend the bill to you for concurrence. >> For what purpose does the gentleman from [UNKNOWN] Representative Warren rise? House Bill [INAUDIBLE] >>Does the gentleman from Mecklenburg yield to the gentleman from [UNKNOWN] >> I yield. >> He yields. >> Thank you very Representative was that will this bill encompass sovereign citizens? >> It will some say they were citizens of the Moorish nations some say they were their own sovereign and doesn't work that way but it takes a long time can snap over the system very much. >> Further discussion further debate. If not the question before the house. the house is the adoption of the motion to concur with the senate committee substitute house bill 283. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 102 having vote in the affirmative and 7 in the negative. The motion to concur is adopted. Bill is ordered enrolled and sent to the Governor. Senate Bill 363 the clerk will read. >> Senator Hudson, Senate Bill 363 is about to entitled, is an act provided here and fills the seasonal amusement for recreational facilities are exempt from overtime and record people requirements up in North Carolina waging our act and authorized cities in counties to provide for the payment of all portion of the policy of creative infrastructure projects using insurance from private parties to repaying funds and making special assessments on publicized property, general assembly of North Carolina next. >> For what purpose does the gentleman from Stokes representative Hull rise. >> It's being recorded as voting aye on senate bill 881. >> The gentleman will be recorded as voting aye on senate bill 881 further discussion further debate? If not the question before the house is the passage of senate bill 363 on it's third reading those in favor will vote aye those, opposed will vote no the clerk will open the vote [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 96 having voted affirmative and 13 in the in the negative, the house
adopt the house committee substitute for senate bill 363 on its third reading. They will be sent to the senate. Senate bill 575, the clerk will read. >> Senator Tucker, senate bill 575 the entire ultimate legislative changes to facilitate the wok of valid commission and confirming the reestablishing religion of power existing between center of North Carolina and South Carolina, general assembly of North Carolina next. For what purpose dose the gentleman from [INAUDIBLE] representative Davis rise. >> To speak on the bill. >> The gentleman is recognized or debate the bill. >> Thank you Mr. speaker Gentlemen of the house in addition to the good discussion we had yesterday I would just like to read a portion of a letter from the Governor of South Carolina, in an effort to avoid a dispute between our states that could result in costly litigation, and I emphasize, costly litigation. Officials from both states work together to to resurvey the boundary using historical records and then used modern technology to identify GIS coordinates that would once and for all bring finality to South Carolina ends and North Carolina begins. The bill did not change our border it clarified where our border has always been. It's our it is our hope that the remedies for providing this bill will provide relief to those residences and businesses impacted by the new recognition. My understanding is that the companion bill in North Carolina is expected to become law as well providing the same relief to residents on both sides of the border. To those 101 who voted in favor of this bill yesterday I ask you to please vote green as to the 15 who vote against I hope you reconsider that vote in lue of what the governor has said. I hope just add emphasis of why we need to do this thank you. >> Mr Speaker. >> For what purpose does the gentleman from Wake Representative Martin rise? >> To see if the gentleman from Harnett is in the chamber's the Girls Committee Chair. >> He is not a member, he is not present. >> What purpose does the gentleman from Durum Representative Luke you rise? >> To speak on the Bill. >> The gentleman has the floor to debate the Bill. >> Thank you Mr Speaker, members of the House, Representative Davis is extremely hard on this and he and I have talked a lot about it and I support the Bill. But I do wanna draw the attention a point that he and I have discussed and in fact he's been good enough to do some research to try to find some folks I might talk to about solving what I see as a problem. And that is why the Bill deals with issues that face property owners owners. There are issues involving non property owners that don't seem to be resolved in the legislation and that we need to follow up on, an example would be someone whose disability benefits had X in South Carolina and only one half X in North Carolina, now there is nothing in the bill that we see that protects that person in some way to make sure that person still gets X, and another example would be actually one that representative Peteman mentioned and it's hard to know how he will deal with this one by a health insurer it does business in South Carolina but not in North Carolina so the South Carolinian looses coverage by moving between states, all these things therefore that affect non property owners that don't appear to be addressed in the legislation and I'm gonna follow that up and and I just want to note for the record that I do think that's something that we all ought to be concerned about these people whom are loosing some of their public benefits because shifting from one stage to another puts them at a disadvantage. thank you for considering that and hoping that I'll be back next time and maybe working on this and hope to have your support in trying to rectify this situation, thank you. >> For what purpose does the gentleman from Cabarets representative Pittman rise. >> To speak on the bill. >> The gentleman has the floor to debate the bill. >> Thank you Mr. speaker, most things I try to stick with what our founders did and I believe we've a great heritage that we need to uphold but I don't think that our founders when they establish their borders as they are supposed to be contemplated that trying to correct this might cause so much problem for a number of people and so I would say again that I just believe it will be more common sense as people are already have been South Carolinians and North Carolinians for generations and have the occurring problems
as Representative Luckie just eluded to that I had mentioned yesterday it just seems to me that what we ought to have negotiated is amending our state charters to fit what has been in operation all this time rather than trying to go back to the original and and damage people in the process so I'm still gonna vote no, thank you. >> Further discussion, further debate, for what purpose does the gentleman from [INAUDIBLE] representative Davis rise. >> Not to believe at the point Mr. speaker but to speak briefly or so. >> Gentleman is recognized to debate the bill a second time In response to representative Lukie I will tell you what I have told representative Wall Brian who came to me with some one who is a lobious for a title company that had a concern just like I told representative Brian Turner who came to me yesterday with a concern someone His constituent had and that is as I said when we argued the bill yesterday, Senator Tucker and I realized that this bill is gonna need to be tweaked, we already know of several situations that may have to be addressed and I assured you yesterday and I will assure you again that if any Any of these concerns do in fact come to fruition and all valid concerns, Senator Tucker and I stand ready to readdress this in a technical corrections bill during the next long session, thank you Mr. speaker. >> Further discussion, further debate, if not the question for the house is the passage of the senate committee substitute for senate bill 575 on it's third reading those in favor will vote aye, those opposed will vote no the clerk will record the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. Actually Representative [INAUDIBLE] does the gentleman wish to be recorded on the vote? Record Malone/g as nay Mr clerk. Clerk will lock the machine and record the vote it will be 101 Having voted in the affirmative with the Malone vote 11 in the negative house bill 575 passes it's third reading, the bill is ordered enrolled and sent to the Governor. [BLANK_AUDIO] House bill 976 the clerk will read. House bill Davis, Harley, and Dollar house bill 976 a bill to be entitled an act to enhance oversight state service contracts is recommended by the joint legislative program evaluation oversight committee. General assembly of North Carolina enacts. >> For what purpose does the gentleman from Wake Representative Dollar rise. >> Mr speaker I wish I could just say I appreciate the vote yesterday and sit down The gentleman is recognized to debate the bill. >> Thank you Mr speaker we do have two amendments and I think would be appropriate to go ahead take those two amendments first they are both agreeable to the bill sponsors. For what purpose does the gentleman from Mecklenburg Representative Bishop rise? >> To send forth an amendment. >> The gentleman is recognized to send forth an amendment. The clerk will read. >> Representative Bishop moves to amend the bill on page one line six and seven by deleting the phrase a new section and substituting the two new sections. >> The gentleman has the floor to debate the amendment. Thank you Mr speaker. Ladies and gentlemen I fully agree with the purpose of this bill which is to bring some discipline to how the state contracts for services or determines whether services should be provided by a private contractor or by a state agency. The concern that I had is Lays out a requirement for state agencies to go the select the provider of a contract and it also imposes some obligations like getting approval of the state [INAUDIBLE] officer in some cases the officer state budget and management and some Some cases even the GovOps committee and it seems to me that it might cause some aneusia/g. Might make some state agency less likely to go through selections or less likely to go through the process of considering whether a service should continue to be provided by state agency or by a private contractor. Therefore my amendment would require that those decisions decisions at least revisited, done no less than every five years unless the Department of Administration modifies the schedule or extend the time and forward view in appropriate circumstances. So the idea is not to have an unending inertia in place where whatever happens to be the state of affairs continues rather than go through the process and I urge your support.
>> Further discussion, further debate? If not the question for the house is the adoption of amendment 81 send forth by representative Bishop. Those in favor will vote aye, those who oppose will vote no, the clerk will open the vote. [BLANK-AUDIO] [BLANK-AUDIO]. The clerk will lock the machine and record the vote. 113 having voted in the affirmative and none in the negative, amendment 81 is adopted. Representative Blackwell the gentleman from Burke is recognized to send forth an amendment, the clerk will read. >> Representative Blackwell moves to amend a bill on page 3 line 6 by rewriting the line to read. >> The gentleman is recognized to debate the amendment. >> Thank you Mr. Speaker. This is intended as simply a clarification. The report, that I believe, led up to the introduction of this legislation, recognized that there was some categories of state services that might be described as inherently governmental. And therefore not really a appropriate to turn over to a provider. This amendment simply introduces the language regarding appropriateness and recognizes that the OSBM must first decide if an agency appropriately could have that service provided by private provider and if it chooses to categorize it in that way then I am for that is added simply ask them to explain the basis for that and I ask for your support. >> Further discussion, further debate? If not the question for the house is the adoption of amendment 82 , to sent forth by representative Blackwell, those in favor will vote aye, those oppose will vote no, the clerk will open the vote. [BLANK-AUDIO]. The following members wish to record, representative Wadell, Pierce/g, Gill, Stam and Zachery. Clerk will lock the machine and record the vote. 112 having voted in the affirmative and none in the negative, amendment 82 is adopted. Members, very quickly the chair would like to extend the courtesy of the gallery on motion of representative Dickson to his grand daughter Elizabeth and her friends [INAUDIBLE] and Rachel would you all please stand so that we can welcome you, thanks for being with us today. >> [APPLAUSE]. >> Further discussion, further debate on the bill as amended? If not the question for the house is the passage of house bill 976 on its third reading, those in favor will vote aye, those oppose will vote no, the clerk will open the vote. [BLANK-AUDIO]. Representative [INAUDIBLE] does the gentleman wish to record on this vote? Clerk will lock the machine and record the vote. 112 having voted in the affirmative and none in the negative, house bill 976 passes its third reading and ordered in gross when we send to the senate, messages from the senate the clerk will read. >> Mr. speaker is order at sent to the house for representatives with the information that the senate failed to concur in senate bill 371 house committee substitute both entire time act to modernize that equilibrium that will probably affect human sources related to LME, MCO, manage claim, renal rate and approval of process encountered disengagement define the appointment process for area board. [INAUDIBLE] appointment and termination notice for the area director clarify the salary approved process employee salaries above the allowable amount. Remove the said set program to study the use of electronic supervision devices in certain facilities. Provide direction to the department of single stream allocation and the process of a single string in counter claims and other amount medicate claims to release the trucks and development prior to extend commitment that services, respectful length possible clerk. Mr. speaker let's order that commission to be sent to the house of representatives with the information that the senate adopt the report of the conferees for house bill House Bill 436 conference committee substitute a bill to be entitled an act to further define the term to practice law for the purpose of protecting members of the public from harm resulting from the unauthorized practice of law by a person who is not trained and licensed attorney. When the appropriate action has been taken by both chambers the bill will be ordered enrolled respectively principle quarter. >> As to Senate Bill 371 the same is noted. As to House Bill 436 the bill is ordered and rolled and sent to
the governor. House Bill 1047 the clerk will read. >> Representatives Jones, Blackwell, Harger House Bill 1047 a bill to be entitled an act to require the North Carolina Lottery Commission to provide certain cash lottery winnings information to department of health and human services division of social services to cross check with the information of applicants for recipient food and nutrition benefits to direct the legislative research commission to study the extent to which North Carolina can disqualify lottery winners from receiving of food food and nutrition benefits and to implement certain disqualification periods for non compliance with work requirements for food and nutrition benefits General assembly of North Carolina enacts. >> For what reason does the gentleman from Rockingham rise? >> Thank you Mr. Speaker it appears there's an amendment on the calendar if the speaker would recognize the amendment maker perhaps go ahead and dispense with the amendment and then perhaps I could be recognized for the final word. >> For what reason does the lady from Orange County rise? >> To offer an amendment. >> Is the amendment on everybody's dash? Senate clerk will read, [INAUDIBLE] next amendment page 2 line 25 will be dealing in three months substitute to one month. >> You have the floor to argue the amendment. >> Thank you Mr. Speaker, inquiry of the Speaker I- >> Yes Ma'am. >> I would request permission to have staff on the floor. >> Yes Ma'am. >> And I would like request to record a vote on my amendment. >> Yes Ma'am, it's been noted. >> [BLANK_AUDIO] Representative Vince/g Clare could you please your last request? >> A recorded vote on my amendment. >> It's a no. >> Thank you. Ladies and gentlemen of the House I want to explain a little bit about this amendment. First of all it's important to know that it has nothing to do with the lottery. Its Section 3 of the Bill, I'm addressing section 3 of the Bill with my amendment. It deals only with the work requirement. So the Bill was primarily about the lottery but this section is just with the work requirement. Section 3 applies to all snap eligible adults. Section 3 in the Bill to all snap eligible adults that are able to work. Those are childless adults and adults with families. So what are the current federal work requirements for eligible recipients with children? Lets just review what's currently the law under the federal requirements. First, of all they must register for work and their local employment security commission, and they must adhere to any directions they receive from the employment security commission. If that's to apply for available jobs, they have to do that, if the job they are available they have to take those jobs, and if there are in addition if the jobs are not available if they are, the employment security commission may refer them to the food and nutritionist service employment program, or a work welfare program. And if they refer to the training program or welfare they have to participate in that. They may not put a job if they have one, and they may not reduce the hours of voluntarily below 30 hours a week. If they do that, if they do any of those things if they violate any of those things federal penalties are one month suspension, and for the second offense is three months suspension, and for the 6 months offense, it is six month suspension. For additional violations, there is a rolling six months suspension. So if 6 months go by and the person still isn't working, still isn't complying, there is another six month suspension. [BLANK_AUDIO] [BLANK_AUDIO] Okay so if they are suspended, if they haven't complied with six months, that six month of suspension is extended until they do comply and it was during compliance if they violated the requirements again, another six months suspension is applied.
And if they don't meet the requirement within that six months, it is extended until they do. So in some ways there is a permanent disqualification until they comply. They're always allowed to come back and comply and get back on the program. So that applies to eligibles with children. How about able bodied people who are childless adults? If my amendment passes they must work, be in training or do volunteer work for at least 20 hours a week. That's the current federal law, that's every week with no exceptions, and the local employment security commission always coordinates with the local Department of Social Services in all of these. If they don't comply, the local DSS applies besides the one month suspension for the first offence. The three months suspension for the second offence and the six month penalty for the third offence. [NOISE] If at the end of six months that person still hasn't complied, that exchange and that disqualification is extended until they do apply. So in someways, the current federal law already has a permanent disqualification, it allows the person to come back on and receive the benefits. [BLANK_AUDIO] So the difference between my bill, my amendment in the bill is that, the bill actually makes the first penalty, a three months disqualification instead of one month, the second penalty is six months disqualification for the recipient instead of three months and then the final disqualification, is instead of six months, it's a permanent disqualification [BLANK_AUDIO] So what's wrong with the permanent disqualification for a recipient with children? Why wouldn't we wanna do that? We don't do that with the people who are able bodied and working, they get this rolling. [BLANK_AUDIO] So why wouldn't we not have a permanent disqualification fro adults with children? It is that it takes food away from children. I don't think anyone in this chamber believes that a family with a worker who is disqualified that that worker would no longer have food. What they would do is participate in the food program as a non recipient that they would still have the food to eat, that there would just be less money for the family and less food for the family but more mouths to feed with the less money So it doesn't make any sense to permanently disqualify anyone. The federal laws are very adequate. You have rolling suspensions that are in place until a person qualifies again, until they comply with all the rules. So in addition to the problem of having this permanent disqualification there are other problems that exist with the program. Currently there are a many programs that have no training programs at all. There are only 20 programs in the state that have the food and nutrition programs, 20 counties in the state Out of 100 have the food and nutrition training program. There are two counties that have work fare, so in many counties there are no places for people to go to be trained, and so if there are no jobs available in those counties they're gonna be disqualified. And it doesn't make any sense to disqualify a recipient if they have to feed their family. So I think what has happened with this chamber and with this General Assembly in general is that we have decided to get tough on poverty. We tried the tough on crime approach and what we did was pack our prisons. >> Mr. Speaker [BLANK_AUDIO] What reasons does the lady from Surrey County rise? >> A point of order. >> Yes, ma'am. >> Is she attacking the motives and credibility of the person who filed these bills? >> Your comment is well noted. Representative Insko, if you please just stay with your Proposed amendment and please continue on so we can proceed. >> Thank you, Mr. Speaker. And actually I am addressing all the members of the General Assembly. These are decisions that we have made together. So I think it really makes more sense to give the people support. There is a really interesting program that has recently come to the state. The food and nutrition program has authorized 10 states to participate
in a pilot program. It's called snap to skills. It's a supplemental nutrition assistance program to skills building. That's a federal program that will allow grants to come in to every county so they can set up technical assistance. That technical assistance is very detailed and it allows one on one vocational training, skill building, education and the record so far is those have been very successful. Now we're fortunate that North Carolina is one of the 10 states that qualifies For that program There are only 10 states in this pilot program and North Carolina is one of those states. But only nine of our counties have accepted that program and are participating in it. Why aren't we working on getting the other counties involved in that program. >> Mr. Speaker. >> Why don't we We want to get people back to work. Why aren't we doing everything we can to get people back to work instead of punishing the people who are poor? >> Excuse me, Representative Insko. For what reason does the gentleman from Mecklenburg rise? >> Inquiry of the Chair. >> Yes, sir. >> I'm looking over at the amendment and I don't see anything that would be To her current comment. Could you ask the amendment sponsor to stick to the amendment she wrote? >> Your point is well taken. Representative Insko, again please keep your comments [UNKNOWN] to the amendment and try to get through it as quickly as you can. >> My amendment deals with the work requirement. I am discussing the work requirement. I am discussing a program at the national level that North Carolina has access to that would put people back to work. And I hope that we will begin to look at what we can do to solve problems instead of being tough on poverty. I've asked for recorded vote. I would appreciate your support of my amendment all this amendment does is say that the federal requirements are adequate as they are. We have a rolling disqualification which if the person doesn't comply it's a permanent disqualification. So the federal laws as they are plenty tough enough. We don't need section three in this bill and what my amendment does is put federal have North Carolina comply with the federal requirements. I would appreciate your support of my amendment. >> Thank you, Representative Insko. Representative Jones, would you like to respond to the amendment proposal? >> Yes, Mr. Speaker. I'd like to debate the amendment. >> You have the floor, sir. >> Thank you, Mr. Speaker. Ladies and gentlemen of the House we oppose Poverty, we oppose dependence and we oppose this amendment. Please vote red. >> Representative [INAUDIBLE] for what reason does the gentleman, from Durham rise? >> To speak briefly on the amendment. >> The floor is yours to speak on the amendment. >> Thank you, Mr. Speaker, and very briefly this The amendment brings us inline with the federal method of enforcing this program which is a federal program and I would just say that, reducing the penalty schedule from three months to one, for the first offence, six months to three for the second of offence and then a six month period as opposed to a life, Lifespan ban, I think that's appropriate. I think that's what we wanna do to give folks a chance as well as let families survive, I'd ask you to support the amendment >> Thank you. Any further discussion, debate? Hearing none, the question before the House is the passage of the amendment offered by Representative All those in favor will vote I all who oppose will vote nay. Clerk will now open the vote. >> [INAUDIBLE] >> I don't even know what to vote. [BLANK-AUDIO] [BLANK_AUDIO]. Clerk will lock the machine and record the vote. There being 44 in favor of the amendment 67 against the amendment fails we're back on the original bill. Any further discussion or debate? Mr. Speaker? >> For what reason does the Representative from Haywood rise? >> I had a malfunction of my finger I would like that be recorded as voting No. >> Representative Johnston do you have an inquiry? [LAUGH]. >> Again, I'd like to be recorded as voting no. >> The lady will be recorded as voting no as well as the Speaker. Representative Haywood for what purpose do you rise? >> To speak on the bill. >> You have the floor sir to speak on the bill. >> Thank you members I haven't had a whole lot of luck the last couple of days, but I thought I'd try one more time just to add a little insight into what it means to be hungry. I just ask you why are some of our neighbors hungry?
Whether they are adults or able-bodied or whatever. Why are they hungry? There's probably a lot of complicated reasons in their lives, but I submit that one of them is they probably don't have a job. So whenever you make a requirement that they have to work to get food stamps you haven't helped them you've just pointed out their problem, and put a hurdle in front of them to just eat and survive. And we save nothing in this there's reported somewhere 100 and 200,000 of our citizens who's benefits will be cut by these requirements. We have pledged allegiance to the flag of the United States and paid our federal taxes and this federal program with help these 1 to 200,000 of our citizens have the basic necessity of food. Now we had this requirement in for 23 counties and in the beginning of July 1st, we're gonna have 77 rural counties. I have this work education requirement placed upon them to get food stamps if you're adult and able bodied, and don't comply with these regulations we're adding. So we're not saving any money, we're losing our communities, our families, these hungry citizens are losing their federal share of this program in North Carolina. We're saving nothing, we're losing. And we haven't helped the hungry at all. We've made their lives and their families much more difficult. I just ask you to imagine being in their situation, and how you would prefer to be treated. I ask you to vote no on this bill. Thank you. >> Representative Jones, for what purpose does the gentleman from Rockingham rise? >> For one final brief for a debate on the bill. >> The gentleman has the floor to debate the bill. >> Thank you ladies and gentlemen for your good vote yesterday. Please vote Green. Thank you. >> Further discussion, further debate? Seeing none the question before the house is the passage of House Bill 1047 on its third reading. All those in favor vote aye, opposed no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] Clerk will open machine and record the vote. 74 voting in the affirmative, 39 in the negative Negative, the House Bill at 10:47 passes the third reading and it will be engrossed at the center. Ladies and gentlemen of the House at this time I would like to recognize the nurse for today, Ms Amilia Hash from Asheville North Carolina, we appreciate you for being here. >> [APPLAUSE] [APPLAUSE] >> House Bill 1007 the clerk will read. >> Representative Jordans, Steven, and Brian, House put on 1007, [INAUDIBLE] responsible for [INAUDIBLE] [INAUDIBLE] commission as recommended by the joint legislative administrative procedure oversight committee general assembly [INAUDIBLE]. >> For what purpose does the lady from Surry Representative Stevens rise? >> To speak on the Bill. >> The lady has the floor to debate the bill. >> Thank you Mr. speaker. Ladies and Gentleman the house this is part of the joint legislative administrative Procedures oversight effort to get a handle on our boards and to deal with the case of the North Carolina general board versus the FCC which went all the way to the supreme court. As result of that we have some sub committees and they studied what we needed to do. I'm gonna tell you the things this bill the primarily does. It says that we currently have 58 occupational boards and that's where we'll stop unless there is a future approval by the joint legislative administrative procedures oversight committee. Each local licensing board is required to file a report annually to Financial and other information and we're trying to get it where
there'll only be just one report instead of multiple. The boards are subject to be audited by the state auditor if they need a certain financial threshold. Board members currently get a $100 per Diem this will allow them to get up to $200 per Diem. It also requires that in the first six months Of their service they must take training on anti-trans laws and state action immunity because that's what the dental board case was all about. And then they have to do it every two years after that. Each board must adopt some kind of rules for receiving and solving complaints enforcing discipline against their licensees and Reading imposing punishment of those who practice contrary. But in addition the boards must look at the scraper/g practice and submit any modification about scraper/g practice as a rule to the Rules Review Commission. The boards do still have the authority to investigate and license the activity and to notify someone that they Practicing outside the area of the law but the specific language that tells them how to include it in their letter so they are not seasoned to seize letters, they can say we believe you're violating the law but before they can tell them to [INAUDIBLE] they must go to the court system for an independent review to get an injunction If the board seeks an injunction the Superior court in the county where the defendant resides or where the board has its personal place of residence as the proper place. We need administrative position is appealed the proper venue is the county where the agency has its principle;e place of business and then as a joint Legislative procedures oversight committee we will continue to monitor the effects of the bill and see if we have any other unintended consequences. One thing that several members on my side have brought up is that while there are only 58 occupational licensing boards there are 64 slots, I was told by staff After the additional six slots that indicates reserved were to make an effort that if there are future boards they can sort of keep this as close to alphabetized as possible. I believe Mr Speaker, there's an amendment for Representative Collins and I'm fine with it. >> For what purpose does the gentleman from Ashe, Rep Jordan rise? >> Send forth an amendment. >> The gentleman is recognized to send forth an amendment ASA 83 V1 the clerk will read. [BLANK_AUDIO] >> Rep Jordan moves to amend the bill on page eight line three by rewriting that line to read. > The gentleman has the floor to debate the amendment. >> Thank you Mr Speaker. Ladies and gentlemen, on page three line nine of this bill, you will see that number 54 is the public librarian certification commission. So this is making a change to that board, which is in the bill. The change is simply that if you take a look at Roman numeral one, that little i, the chairman of North Carolina Association of Library Trustees is to be a member of this commission. That Association of Library Trustees no longer exists, and so we had a request from the entity that we instead allow the governor to point to two individuals in roman numeral two little, two iis named by the governor upon the nomination of the North Carolina library association, so simply a change of one slot from the group that doesn't exist anymore to now two people appointed by the governor upon the nomination of the library association, I'd ask you ask you to support the amendment. >> Further discussion, further debate on the amendment? If not the question for the house is the adoption of Amendment A1 sent forth by Representative Jordan. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] Are the following members on the floor Representatives Ross, Insko, Dobson, Horn or Stone? The clerk will lock the machine and record the vote. 109 having voted in the Having voted in the affirmative none in the negative the amendment is adopted. Representative Jordan is recognized to send forth an additional amendment. The clerk will read. >> Representative Jordan moves to amend the bill on page 7 lines 28 through 29 by inserting the following between the lines. >> The gentleman has the floor to debate the amendment. >> Thank you Mr. Speaker. Ladies and gentlemen we were informed by the department of Secretary of State that we had left out the securities division on the list that's on page seven and so we have added them in as number seven of that list. I ask you to support the amendment. >> Representative Ross the lady wish to debate this amendment? Okay. Further discussion, further debate? If not the question before the house is the adoption of amendment A2 sent forth by Representative Jordan.
Those in favor will vote aye those opposed will vote no. The clerk will open the vote. Representative Blackwell how would the gentleman like to be recorded I see the member writing. Blackwell aye. Is Representative go on the floor. Representative[INAUDIBLE], clerk will lock the machine and record the vote. 109 having voted in the affirmative and none in the negative and the amendment is adopted, the lady from Macklenberg representative [INAUDIBLE] is recognized to send forth an amendment, the clerk will read representative [INAUDIBLE] most to amend the bill on page one, line five by rewriting the line to read. >> The lady from Macklenberg is recognized to debate the amendment. >> Thank you, members what this bill does, the reason for this bill is for students in schools to be be eligible for financial aid, the federal government is requiring that in our state statute the language be contained that all barber students must have a high school diploma or a GED and that's all of this does it just inserts that language into our state statute. Thank you. >> The chair will point out to the lady and to the body that this amendment will change the title that once adopted in order to have third reading they will have to be a motion to suspend the rules to our third reading. Further discussion further debate in the amendment? If not the question for the house is the adoption of amendment A3 sent forth by representative Earl. Those in favor will vote aye those opposed will vote no, the clerk will open the vote. >> [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 88 Having voted in the affirmative 19 in the negative the amendment is adopted. The gentlemen from Nash Representative Collins is recognized to send forth an amendment the clerk will read. >> Representative Collins moves to amend the bill on page 2 lines 7, 9 and 33. And on page 3 lines 3, 13 and 18. By deleting the lines. >> The gentleman is recognized to debate the amendment. >> Thank you Mr speaker let me thank the bill sponsor this is a great bill. And I don't think there's any nefarious intent with what I'm trying to delete but if you read through the bottom of the first page. It says this following list is the list of licensing boards we're gonna have, and if anymore created here's how they are gonna have to be created. And then it gives a list of 64 the only problem is only 58 of them are licensing boards and there are six slots that say reserved. Number 5 , number 7 and number 30, and I forget what the last three are. But there are the lines that are mentioned in my amendment. I don't think there's any intent to do anything strange here, but when I read through this thing the first thing that strikes in my mind is who are the six we're reserving slots for that are not going to have to play by the rules. And I don't wanna give anybody the impression by passing a bill with those reserved slots that what's good for most people is not good for everybody if they want to create a new licensing board. So I just wanna make it clear that we're not letting anybody bypass the rules that we're making and I don't think that was the intent, but I also don't think striking these lines does anything to harm the bill. So I would ask that you vote for the amendment. >> Further discussion further debate? If not the question for the house is the adoption of amendment 84 sent forth by representative Collins. Those in favor will vote aye those opposed will vote no. The clerk will open the vote [BLANK_AUDIO] The clerk will lock the machine and record the vote. 104 having voted in the affirmative, 3 in the negative. The amendment is adopted, we're now back on the bill. For what purpose does the lady from, further discussion further debate? If not the question for the house is the passage of House Bill 1007 on its second reading. Those in favor will vote aye those opposed will vote no, the clerk will open the vote [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 109 having voted in the affirmative, non in the negative. House Bill 1007 passes it's second reading and remains on the calendar. >> Mr speaker.
>> For what purpose does the lady from Surry Representative Stevens rise? For a motion. >> The lady may state the motion. >> I move we suspend the rules to the point of allowing a third reading to occur today and I'll be happy to peak on the motion. >> Is there objection to suspension of the rules third reading may be on this bill? If not so ordered. [BLANK_AUDIO] House Bill 1007 the third reading the clerk will read. >> General Assembly of North Carolina enacts. >> Further discussion further debate, if not the question before the house is the passage of House Bill 1087 on its third reading. Those in favor will say aye. >> Aye. >> Those opposed No. The ayes have it house bill 1007 having passed its third reading the amendment is ordered and engrossed and the bill is sent to the senate. House bill 1044 the clerk will read. >> Representatives Harger [INAUDIBLE] House Bill 1044, a bill to [INAUDIBLE] medical service alert system to aid in the apprehension of suspect just killed, inflict serious bodily injury on a law enforcement officer to provide that he head or the chief of the law enforcement agency be designated person to submit a written request to prevent the [UNKNOWN] turned over to the law enforcement agency to amend the similar system to expand a class of citizens it protects, to prevent motor carriers from avoiding civil penalties owed to the state by transferring title project payment to make minor changes to the definition of emergency in the North Carolina Emergency Management Act. To provide that then sa command training academies specifically exempted from the [UNKNOWN] act and to provide exceptional department of public services safety and the state bureau of investigation to provide an exemption for three civilian births, the highway patrol took away the exemption for infant service requirement- for the -forensic scientists to become career state employees and to appropriate funds to provide aircraft replacement and to modernize law enforcement equipment. General assembly of North Carolina next. >> For what purpose does the gentleman from Rutherford, Rep Representative Harger rise? >> To send forward the amendment then debate the bill. >> Gentleman is recognized to send forth the amendment the clerk will read. >> Representative Harger means to amend the bill on page 1 line 16 through 19 by re-writing the lines to read. >> The gentleman is recognized to debate the amendment. The chair will point out believe this amendment like one on the other desk changes the title so we made of motions to suspend the rules to the third reading today if the body desires, the gentleman has the floor. >> Thank you Mr. speaker we've already left in a budgetary argument argument in this bill which was suspended of over $8 million for playing for this, that's gonna be in a different part of the budget sooner or later and so we wanna take this piece out of it because we're handling some [BLANK_AUDIO]. For what purpose does the representative from Guilford Mr. [INAUDIBLE] arise? [BLANK_AUDIO] what should I do? >> To send forward the amendment. >> Okay, you don't wish to speak on this amendment? >> No. >> So we have representative Harger's amendment before us, all those in favor will vote aye, the clerk will vote. [BLANK_AUDIO] BLANK-AUDIO] It's been a while, all in favor vote aye, all oppose vote no, the clerk will lock and record the vote. [BLANK-AUDIO]. 017 ayes, one no, the ayes have it, the amendment is adopted. >> Mr. speaker >> Representative Horn. >> I was in the chamber but did not make it, I'd like to be recorded as voting aye. >> Representative horn will be recorded stating aye. For what purpose does the gentleman from Rutherford representative Hager rise? >> Madam chair I'm here to debate the bill but I think representative Faircloth has a amend too of you recognize him I'd really appreciate it. >> He does, and he didn't have his light on it at this point. Representative Faircloth for what purpose does the gentleman rise. >> Send forward an amendment. >> You're recognized, the clerk will read. >> Representative Faircloth please to amend the bill on page four line two, by inserting the following new section of that line. >> You're recognized to speak on the amendment. >> Thank you madam chair. Members of the house, last year -we had a bill before us that dealt with investigating grand jury matters. And the investigating grand jury was developed in North Carolina for the purpose of investigating organised drug in North Carolina, conspiracies and enterprises.
And then continuing criminal enterprises of other types. And in the bill we passed in the house unanimously last year. We broadened that slightly and that bill somehow took on another personality across the hall and disappeared. And so I'm bringing the parts of that bill back into this amendment. I hope you'll be favorable to it. Basically what we're adding is where you have crimes like criminal enterprises and what have you. We're adding violation of article 29 or 30 of chapter 14 of the general statues. Which relates to bribery and obstructing justice. GS 14 228 which relates to buying and selling of officers, GS 14 244 with relates to public officers or employees benefiting from public contracts. All of these as do the other parts of this particular legislation, all of these relate to conspiracies between individual and basically organized criminal activities. So I ask that you vote green on this amendment. >> For what purpose dose the gentleman from Rutherford, Representative Hager rise? >> To speak on the amendment. >> You have the floor. >> Thank you, this is Representative Faircloth showed me this amendment beforehand and I wholly concur with it and ask everybody to vote green. >> Representative Faircloth. Thank you. >> The question before the house is the passage of amendment 2 by representative Faircloth, all those in favor will vote aye, all those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO] The clerk will lock the machine and record the vote. 108 ayes, no nos, the amendment passes we're back on the bill. Representative Hrager. from Rutherford, for what purpose do you rise? >> To debate the bill. >> You have the floor. >> Thank you madam Chairman. This bill is made up of 8 sections and it's been a good bipartisan bill, we have had several people in the chamber contribute to it. I'll go over it really quickly so hopefully most of you read this it seems very simple, I wanna recognize Representative Darren Jackson for this first piece that he's put in there I appreciate him doing it and creates a Blue Alert system which is state apprehension very similar to the AMBER Alert System which aids in apprehension of a suspect who's killed or inflicted serious injury on a law enforcement officer. The second section of this deals with guns that are seized because of the concealed carry law And how the highway patrol disposes off those right now [INAUDIBLE] has [UNKNOWN] send the letters to the courts this will allow his to designate someone to do that behind the laws. Section 3 establishes actually I think increases the silver alert system it adds in Alzheimer's disease and includes the disability requires individuals to be protected from potential abuse other physical harm neglect exploitation the fourth section of this bill and Representative Hamilton this doesn't have to do with your parking ticket for U.S we talked about this, it's only for commercial vehicles it doesn't allow someone just to change the name of their LLC or other business to escape any fees or late fees or penalties they may have. They still have to do that before they can re-register the vehicle. Five expands the definition of emergency. It includes terrorism, public health causes, explosions, technological failure or accidents including cyber accidents, transportation accidents, rheological accidents or chemical hazard material accidents. Section six deals with [UNKNOWN] that's Rep Boles understands this. It allows the [UNKNOWN] in overnight facility, it allows them to aid in case someone forgets their toothbrush and other toiletries, allows them to sell them at a nominal COSTS because he can't really got out and get one. section 7 would allow the highway patrol to basically levy a fee when they're at certain activities they do that are non-public such as at race tracks or the Bank of America 500 Right now they're expending about over 3,000 hours that they don't get paid for and over a million dollars that they don't get paid for while the law enforcement officers such as Charlotte-Mecklenburg officer right
beside him gets paid time and a half for doing that. So this would reform that. Section 8 is to represent Harley's piece it adds in The forensic sciences to what's called a career state employee and then section 9 was deleted [BLANK_AUDIO] >> Seeing no further discussion, no further questions, the question before us is passage of House Bill 1044 as amended on its Second reading. All those in favor will vote aye, all those opposed will vote no, the clerk will open the vote [BLANK_AUDIO] Clerk will lock and record the vote. 109 ayes, no nos. Bill passes its second reading and will remain on the calendar. >> Madam chairman, I'd like to make a motion to suspend the rules that they're reading today. >> Representative Hagger you are recognized for a motion [LAUGH] Is there any opposition to representative Hagger's motion to suspend the rules for a third reading today? >> Yes. >> There's an objection. Would you like to be heard further on your motion or we'll simply vote? >> Yes mam. >> Question before the house is the motion to suspend the rules so that House Bill Bill 1044 may have its third reading today. All those in favor of suspending the rules will vote I. All those opposed will vote no. Clerk will open the vote. >> [INAUDIBLE] >> And two thirds [BLANK_AUDIO] Clerk will lock the vote and record. 84 I's, 26 No's, passes with a two-third vote. So now before the house we have the third reading House Bill 1044 For as amended. Any discussion or debate? Clerk will read. >> General assembly North Carolina acts. >> For what purpose does Representative from [UNKNOWN] Representative Michele, no? Seeing no further discussion, no further debate the House is House Bill 1044 as amended on its third reading. All those in favor will vote aye, all those opposed will vote no, clerk will open the vote. [BLANK_AUDIO] Clerk will Could lock and record to that. >> It's all right we'll give it a second, people had already voted. 110 I's and 0 No's, the Bill passes as third reading and will be engrossed and sent to the Senate. >> Senate Bill 303, the clerk will read. Senators [UNKNOWN] Heiss, senate bill 303 an act to be entitled, an act to provide further regulatory leave to the citizens of North Carolina. General assembly of North Carolina next. >> For what purpose does the representative from Pender, Rep Milis arise? >> To debate the bill. >> You have the floor. >> Thank you Madam Madam chair woman. Thank you ladies and gentlemen of the house, before you today is the house propose regulatory format of 2016. Simply this bill is a continuation of the conservatives majority desire to actually listen to the voice of the citizens and to provide some meaningful legislation addressing unnecessary And over burden some regulations, while this bill cuts through red tape on a broad spectrum we do so with respect to public health safety in our commonly shared environment. I'll stand to answer any questions you all may have in regards to the bill it went through extensive committee work I know Of only two amendments, one of them is mine it's a technical amendment and the other one will be offered by Representative Ross changing one aspect into a study so again I'll stand Madam Chairwoman to answer any questions but in the mean time can I send forth my amendment. >> Representative Miller you're recognized to send forth an amendment the clerk will read. Representative purposes to amend the bill on page 4 line 40 by deleting and substitute and prior to consideration the government board [INAUDIBLE] section and this section. >> Representative Miller you're recognized to explain your amendment. >> Thank you Madam chairwoman the amendment before you here was as brought to me by a legislative staff it's Technical in nature in terms of reading through the bill I just realized that some sentences and some language needed to be cleaned up, it's my understanding
it's purely technical and ask for a green vote on this. >> The Miller's amendment is being loaded, are there any additional questions? Representative Ross do you wish to speak on the amendment? [BLANK_AUDIO]. The holding of the amendment officially comes up. [BLANK_AUDIO]. Representative Jeter from Mecklenberg For what purpose do you rise? >> Inquiry of the chair. >> You may state your inquiry. >> I assume we're gonna wait to actually read the amendment before we vote. >> The amendment has been read and Rep Millis discussed it but it was not on so we are holding it until it actually comes up for you. [BLANK_AUDIO] >> The amendment is now before the body. Any further questions or debate? Seeing none the question before the house is passage of Amendment 1 to senate bill 303, all those in favor shall vote aye, all those opposed shall vote no. The clerk will open the vote. [BLANK_AUDIO] [INAUDIBLE] >> Clerk will lock the machine and record the vote. 107 having voted I, none voting negative the Millis amendment passes. We're back on the bill now. Rep Ross from finance, for what purpose do you rise? >> To send forth an amendment madam chair. >> All right you have the floor. Is the amendment on the dashboard now? >> Yes. >> Okay. We'll read the amendment. >> Rep Ross moves to amend the bill on page 34 lines 37 to page 35 line seven by deleting the lines and substituting the following language to read. >> You may explain the amendment. >> Members, in this portion of the bill, it's on the last page we discovered that there's some modification that needs to go in the language. We were unable to get that completed in time for the bill today. So this simply pulls all that language and this turns us into a study. Thank you. >> Seeing no further question, the question before the house is the passage of amendment 2 to senate bill 303, all those in favor will vote aye, those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] [BLANK_AUDIO]. The clerk will lock the machine and record the vote. 108 having voted in favor None in negative amendment 2 passes and shall be engrossed. We're back on the bill. For what purpose does the gentleman from Randolph Representative [INAUDIBLE] arise? >> Madam chair I was in the chamber and I would like to be recorded as voting aye on the Miller's amendment It would be so noted. For what purpose does the gentleman from Mecklenberg Representative Frowley arise? >> Speak to the bill. >> You are recognized to speak on the bill. >> Thank you madam Speaker I did want to comment and thank the sponsors of the bill, there was an issue that an amendment came up that Created some concerns in the firefighting community, the sponsors and the author of the amendment graciously agreed to withdraw is and we'll work out the issues raised in that during the long session and all of the concerns that were relayed to me have been addressed and I want to thank them for it. >> For what purpose does the lady from Guilford, Rep Harrison rise? >> To speak briefly on the bill. >> You have the floor. >> Thank you madam Speaker. Ladies and gentlemen [UNKNOWN] Rep Brawley's sentiments. I really appreciate Rep Millis and the other sponsors of the bill in their hard work and willingness to accommodate the concerns that folks have expressed during the This consideration, so I would encourage you to vote for this bill. Thank you. >> For what purpose does the representative from Wayne, representative Bill rise? >> To speak on the bill. >> You have the floor. >> Thank you madam speaker. Members I wanna properly thank representative Millers, representative Radel [UNKNOWN] a thank you wagon, I know I'm the last person to speak but I think it's very important that That our staff worked extra hard on this and they're sitting in the back today, so I wanna thank you staff for working with us, getting the amendments done and putting a good bill on the floor, and ask that you vote green. >> [LAUGH] Seeing that voted, lights,
the question before the house is the passage of Senate Bill 303 as amended on its second reading. All of those in favor Will vote aye those opposed will vote no, the clerk will open the vote. [BLANK_AUDIO]. I'm not making you. [BLANK_AUDIO] The clerk will lock the machine and record the vote. 111 in favor, none in the negative. Senate Bill 303 passes and will be engrossed and sent to the senate. I'm sorry. Without objection we'll have a third reading. >> Senator of North Carolina next. >> Question for the house Is the passage of Senate Bill 303 as amended. All those in favor will vote aye, opposed will vote no, the clerk will open the vote. >> We're so unanimous we shouldn't have to do it a third time. [BLANK_AUDIO] [BLANK_AUDIO] Clerk will lock the machine and record the vote. 109 in favor, none in opposed. Senate bill 303 passes its third reading and will be engrossed and sent to the senate. Senate Bill 778, the clerk will read. Senators Wade, Block and V. Jackson, Senate Bill 778 a bill to be entitled n act to make changes to state law concerning performance guarantees unaccounted/g, subdivision streets offered for public dedication. NCDOT consider requirements for road improvements adjacent to schools and zoning of [UNKNOWN] to schools general assembly of North Carolina enacts. >> For what purpose does the gentleman from Gaston, Representative Torbett rise? >> To address the bill and speak on the bill Madam Speaker. >> You have the floor. >> And if I might, if I could, this is a multi part bill of which myself and Representative Stam will present to the body, and we have actually an amendment and I think it would probably be best to go ahead and the amendment done which may shorten the debate session on the bill. So if I could Madam so if I could yield to my friend from Wake. >> For what purpose does the gentleman from Wake Representative Stam rise? >> Offer an amendment. >> It will be read. >> Representative Stam moves to amend the bill on page 1 line 4 through 5 by rewriting those lines to read. >> Represenative Stam you have the floor to debate the amendment. >> Madam Chair and members of the house, lines eight to nine is clarifying the amendment, but the major thing in the amendment is that we deleted section four and five of the bill. Which made school use a matter of right in every zoning district. That was somewhat controversial and there was so much good in the bill we just decided to take that out. So I move the adoption of the amendment. >> For what purpose does the gentleman from Mecklenburg, Representative Brawley arise? >> To speak to the amendment. >> You have the floor Representative Brawley. >> Thank you Madam speaker, Representative Stam is very polite in saying that there was some controversy involved in sections four and five. It's a definite issue of equities. There is a perception sometimes that schools are given short shift by zoning bodies. That is not an unusual problem and related to schools and in several other areas. At the same time there are some school systems that don't have particularly good reputations either so there were people afraid of being put at the mercy of school systems. I think these were both instances of some of the problems with some of the delegation of powers and construction of the scope of those powers. Which is a long session issue that will need to be addressed next year and I thank representative Stam for consenting to withdraw these two sections from the bill. And let's solve the general case rather than a specific case by trying to, as I said, trim our toe nails with a chainsaw. Thank you speaker. >> [LAUGH] >> Seeing no further questions the question before the house is the amendment one to senate bill 778. All those in favor will vote I, all those opposed will vote no. The clerk will open the vote. [BLANK_AUDIO] The clerk will lock the machine and record the vote. 107 voting in favor, none voting in the negative. Amendment 1 passes and changes the title of the bill, so without a motion the will be continued to the next phase calendar. For what purpose does the Representative from Gaston Representative Torbett rise?
>> Speak on the bill Madam Speaker. >> You have the floor. >> Thank you ladies and gentlemen, thank for the passage of the needed amendment I'll be addressing sections two and three in the bill which are sections specific to roads improvements on the perimeter of school properties. As you may or may not know, I'm assuming you do, that today currently if a school is being built anywhere in the State the responsibility falls back to the municipal or county governing system over the building of that school. And any necessary road improvements needed to accommodate getting in and getting off that school property. The issue I raise and will present some, hopefully enough information to cause you to support this bill is that in days gone by, the road modification seem to have been growing and growing and growing. And extending further and further and further away from the direct impact of the transportation needs of specific schools. Couple of cases in point come to mind where red lights were placed three or four miles down the road from the school simply because they The department felt that they needed that red light to address school traffic. I'm here to say that it's been my observation that we're getting just a little bit extended on that. And so I went back to the basic premise of what's the responsibility so what I see that is a transportation issue and responsibility remains with transportation, so what this bill does it says any school being built on the school property, the school is responsible for the road system. Off the school property on the streets that parade goes around the parameter or provide access to that property, that NCDOT will pay for those cost, does a couple of things. One, it changes all the transfer of monies to multiple agencies and departments, DOT is responsible for it they pay for, now if they are paying for it they need to have the final approval Approval, that's only fair and so the bill also brings DOT final approval to pay for those modifications. Now another thing it does is that under school property in current law the state has been responsible for the maintenance and upkeep of the school best parking area, the fee for that Not to exceed $50,000 was set in 1975, so I've brought that up to not exceed $60,000, one may ask what's the actual cost? Right question, the answer is it's on the average about $47,000 per school For those needed bus maintenance and improvements, so in essence what this bill does is if you have a new school being built obviously you're gonna need to improve the road, those road improvements off the property, on the streets are gonna be the responsibility Of NCDOT, what is that gonna cost? Good question. It appears that it's only between one and 1.3 million dollars per school, so how much is that gonna cost a state, you take that number then multiply it and use that based on how many How many new schools and that's the cost. It also takes it back to July 15 instead of moving forward to July 16 and that's the genesis I believe of that bill asking if there is any questions meant to speaker but also representatives Stam will be responding to the other sections of this bill. >> For what purpose does the gentleman from Wake, Representative Stam rise? >> To debate the bill. >> You have the floor. >> Madam speaker and members of the house, I would like to explain section one of the bill which deals with a different problem but it's all Transportation related. We have a lot of unaccepted roads in subdivisions and this bill only applies to counties, not cities. There are some counties, areas where this goes back decades The roads were completed decades ago and have never been accepted even though they were properly constructed at the time. We're not able to solve the decade old problem in a practical way but this bill does address those that have been done in the lat six years. So that going forward we will clean up that backlog and we will not have the backlog for additional ones after this. I took about 10 minutes in transportation committee I'm going to
try to make it a 5 minute explanation today and then if you have questions We can do that, I want you to be clear that we're talking about roads that were properly constructed and approved under the standards that are applicable, we're not talking about substandard roads. Then there are two types of guarantees, performance guarantees and residual guarantees, the counties will have an option whether to allow performance guarantees or not, that's when you put up a bond, letter of credit, deed of trust or cash to secure the fact that you're gonna build a road according to reasonable engineer's estimate at which point you can record the map, go ahead and sell lots and then you build the roads. A lot of counties don't do that, don't allow performance guarantees they want you to build it first and what this says is if the county doesn't allow that then they still have to require you to record your map but No building permits will be issued until the road is properly constructed, so we have that there. But they all have to have what's called residual guarantees that is after it is completed the residual guarantee makes sure it stays in good condition for a while. Page 2 deals with the amount of these performance guarantees and then we'll be getting into the residual guarantees in the back side bottom of page 2 and then page 3. Essentially for the first two years after it's finished then DOT would have under it's usual policies of acceptance to do it in two years but if they haven't done it in two years then the deal has specific density requirements for them. Then as we're going forward the ones after Code 116 will have to be accepted within a set timeline and then those that have been built at least six years years previously or within those six years have to be accepted as well. We've thoroughly discussed that with DOT and well won't say they're are all all excited about it they recognized this was their responsibility when people have properly built the roads to their requirements. So with that I won't go over the next two pages having the detail but of course I will be glad to answer questions I think particularly in rural areas or even in Wake ounty we have plenty of sub division half the county, these roads need to b accepted for maintenance and not just be left in limbo for years and years and years. >> For what purpose does the gentleman from Oslo representative Shepherd rise. >> Thank you Madam speaker, can I ask representative Stam some questions Representative Stan do you yield? >> I yield. >> Representative Stan I read that article that you gave the amount to the school in apex and I wanna give a clearly if I can, based on when I was reading, it was the city of apex that was requiring more than what the department of transportation required in that situation That's correct, then would you like me to explain further. >> If you would like to explain. >> This is, in yesterday's paper it gives the type of problem, it's often the cities that are wanting additional transportation improvements Not so much for the school itself but to solve underlying problems that are not really because of the school but because of all the people there, so here we have a school that supposed to big middle school, supposed to open a year from now and the city is demanding even more transportation improvement And at a certain point the Lake county of public school system that says enough is enough, we are at the end of building schools, we're really not your transportation funder and we've worked very closely representative [INAUDIBLE] and Hurley and Jackson with the Lake county Public school system who were the ones that brought this problem to our attention. >> Forward madam chair. >> You're recognized Representative Shepherd. >> Representative Stan. >> I yield. >> I guess I'm trying to get a better clarification, I've always understood from department of transportation that if That if a city or municipality required more than what the department of transportation required then it was up to that city or county to pay the difference and in this situation it appears that the ART is gonna pay all the cost. >> Representative Stan you're recognized. >> In the current situation the law today the city may require more
than DOT Requires but they require the school system to pay for it. The city doesn't pay for it they use their zoning power top I'll use the word coerce figuratively to coerce the people who have been elected to the school board. To make transportation improvements that are really not about the schools but about congestion in general. >> Follow up. >> you may follow up. >> So in this case then the department transportation is gonna pay the difference? make up the difference or >> If the bill pass. I yield if the bill,passes Passes and ten really again this is representative Torbett's part of this. If the bill passes DOT will pay for it but it will be DOT deciding whether that extra turn lane was necessarily rather than the geniuses of the local council trying to decide that Thank you sir. >> Further question further debate? If not the question before the house is senate bill 778 as amended all those in favor say aye all those opposed say no the clerk will open the machine and will lock the vote. Will lock the machine and record the vote. You've got it? Did you vote I? >> Vote I, sorry. Are my parrots out there? Clerk will lock the machine and record the vote. I'm sorry was that not >> [INAUDIBLE] >> 104 having voted I, zero in the negative, the bill passes as engrossed and will be kept on the calendar unless we have a motion. for what purpose does- >> Miss. >> The gentleman from Gaston, Representative Torbett- >> Madam speaker, I'll need some aid and assistance to offer an amendment that we can hear a third reading today or what was >> [CROSSTALK] >> Motion to suspend the rules. >> Any opposition? Seeing none, the rules are suspended. Without objection senate bill 778 as amended is on for its third reading. The clerk will read. >> General assembly of North Carolina enacts. >> Further discussion further debate? Seeing none the question before the house is the passage of Senate bill 778 as amended all those in favor will vote aye, those opposed will vote No clerk will open the vote. [BLANK_AUDIO] [INAUDIBLE] [BLANK_AUDIO] Representative Howard you wish to vote? [BLANK_AUDIO] Clerk will lock the machine and record the vote. 108 having voted in the favor none in the negative senate Bill 778 will be engrossed and send to the senate. May the pages come forward. >> Madam Speaker. >> For what purpose does the gentleman from [UNKNOWN] Representative Warren rise? >> Ma'am I was in the chamber and didn't get to my seat in time I would like to be recorded as voting aye on House Bill 107. >> The gentleman will be so recognized. >> Thank you. >> For what purpose does the gentleman from Union Representative Arp. >> To be recorded as voting aye on House Bill 283. Gentleman will be so recorded. For what purpose does the gentleman Gentleman from Mecklenberg Representative Brawley rise? >> For an announcement. >> Can we suspend that while we say good bye to the pagers? Pagers we thank you so much for your service this week you have been great we've heard great things. I've heard several of you in committees where I was conducting we hope that you get to stay and participate in the the mock section afterwards. Let's give them a round of applause and thank them for their service. >> [APPLAUSE] [BLANK_AUDIO] [BLANK_AUDIO] Pages I wanna thank you again you may return to your posts. Mr clerk will direct that the House Bill strike that Senate bill
19 short title [INAUDIBLE] technical changes be removed from the committee on rules calendar and operation refer to committee of finance. And house bill 1144 for short title disapprove wildlife Resources commission rules be removed from the committee on wildlife referred to the committee on appropriations agna/g. >> For what purpose does the gentleman from Mecklenberg Representative Blawley rise? >> For an announcement Mr speaker. >> The gentleman has the floor for an announcement. >> Thank you Mr speaker it is my unfortunate duty to announcement there will be a finance meeting 15 minutes after session today in room 544. We have one bill senate bill 888 Bumcombe school capital fund commission. >> And members the house is gonna seat at ease a moment the Chair is informed there two motions to concur that will not take much time at all that we may dispose off momentarily. The Chair is awaiting the receipt of those. For what purpose does the gentleman from Transylvanian Representative Whitmire rise? >> Announcement. >> The gentleman has the floor for an announcement. >> Folks it's next Wednesday but the calendar will Probably be pretty jammed so anybody on the homeland security military veterans affairs committee Wednesday the of next week at 11 plan on hearing one bill be in room 423 thanks. [BLANK_AUDIO] [BLANK_AUDIO] Chair's determined that the two concurrence bills probably wouldn't at least one have some controversy so the chair is not gonna have those to today's counter. For the notices and announcements Mr. Speaker. >> For what purpose does the gentleman from Harnett Representative Louis arise? >> For an announcement. >> The gentleman has the floor for an announcement. >> Mr. Speaker the committee on Rules calendar and Operations of the house will meet five minutes after the session we'll consider one bill senate bill 612 I believe I apologize for Before me a notice has been sent out to members. >> Members for your planning purposes it does appear Monday night it will be a voting session. I know we've tried to allow folks to get done on Thursdays earlier than this but as we draw closer to the end of session I would ask members to further indulge Just understand that we may have to be here longer on Thursdays than is customary. Any forward notices and announcements? [BLANK_AUDIO] And does the general wish to update the body on where we stand as far as the budget at this point? [BLANK_AUDIO] [BLANK_AUDIO] The gentleman from Wake, Rep Dollar is recognised to speak to a point of personal privilege. >. Thank you Mr Speaker. Members of the house, most of our area committees have been meeting with their counterparts in the senate. They have concluded most of their business I believe we have one other committee that is outstanding that is continuing to work through their issues we are continuing to meet with our counterparts and discuss compensation we feel we've made great progress but we're not to a conclusion on those issues at this so at this time I would thank all the, particularly all the chairs of the various areas for the work that they've been putting in, they've put in a lot of late nights for last couple of days and I think for the most part we're gonna feel pretty good about those are agreements Although obviously there's still several major issues outstanding that we are working on at this time. That would be the update and I think that a number of folks will be here the next day to doing some additional work. >> Further notices and announcements. If not the gentleman from Harnett, Rep Lewis is recognised for a motion. >> Mr Speaker, subject to receipt of messages from the senate committee reports, conference reports, the re referral of bills and resolutions, appointment of conferees and committee appointments I move the house adjourned to reconvene Monday June 20th at 7 O'clock PM. >> Rep Lewis moves seconded by Rep Bumgardner. Let the house be now adjourned subject to receipt of messages from the senate, committee reports, conference reports, re referral of bills and resolutions, appointment of conferees and the committee appointments to