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House | February 10, 2015 | Chamber | House session

Full MP3 Audio File

Would you put your seat in the seat? [background noise] [bell dings] [background noise continues] Members, will you please take your seats? We're doing the picture first. [background noise] This is Doug Chadwick, our photographer, and he's gonna give you some information about our picture today and availability for those that you might've missed in the past. [SPEAKER CHANGES] Okay. One thing, you might want to clear a couple things off your desk, so if, you know, you don't have to get carried away, but if you don't want your desks to look cluttered, this would be a good time to do it. People ask me about photographs from previous sessions. You can order photographs of previous sessions as a part of the ordering process for this year's photographs. You can order prints from previous sessions at the same price, discounted price, as this year's photograph. Let's see, the camera's about, how old is it? 95 years old now. It's gonna take it about two minutes to make the whole sweep. You'll be in the photograph for just about half a second sort of when the light is blinding you, so if you can hold still and give us a big smile then, that'd be good. I think most of them members sort of cross their hands on their desks, but however you wanna pose is up to you. [SPEAKER CHANGES] [??] Sitting down in the back, could [??] [SPEAKER CHANGES] Yeah, maybe the young people at the back of the room, you might wanna stand up. We'd be able to see you better if you're not sitting in those benches. That's good, that's good. And the two people in front of the door there, could you move in front of the white wall. We'll be able to see you better. That's good. Yeah, that'll work. Okay. [SPEAKER CHANGES] When we get up here and [??] [SPEAKER CHANGES] They're moving some of them, okay, okay, and after I do the picture with the film camera I'll put the digital camera up there and shoot a second sweep with that just to have a backup. [SPEAKER CHANGES] [??] [SPEAKER CHANGES] Okay, and of course you have to hold real still when the camera is pointing at you and the light is blinding you. You're only in it for about a half second. It's hard to tell exactly which half second out of, it's gonna take almost two minutes for the camera to do the complete sweep. Okay, do we have everyone here? We're still? Oh, okay, okay, excellent. Good idea. We're getting a little more symmetry here by filling up the left hand side of the picture. Okay, and back a little bit further along the wall there. Yeah, that'll work. Okay. Okay. Oop, one more. And, and Mr. Speaker, Mr. Speaker, I think we want you back just a little bit. Maybe one or, yeah. One, yeah, that, that'll work. That looks good there. Yeah.

Okay. And if the two gentlemen in front of the central doors there, could we sort of have you in a symmetrical? Yeah, that looks good. Okay, looks good. Everybody look this way, give us a big smile. It's gonna take about two minutes to do the full sweep and we're starting to roll now. And it looks good. Yup, okay. Everybody hold still. I better get out of the way. The camera is built by a division of Kodak in the winter of 1920/1921 I think, best I can tell by the serial numbers, and it shoots a negative that is 10 inches high and six feet wide and so the prints I make in my own darkroom are made with the negative in contact with the paper. And I have to adjust the camera to go very slowly in indoor settings, so. Seems to me it's not moving, but I think it actually is. Looks good. 3/4 of the way through. Looks good. I better get out of the way again. Just about done here. Okay, thank you very much. Relax for a second and I'll switch cameras if I can reach it. Okay. [background chatter] So from the 19th century into the 21st century here. [background chatter continues] That looks good, okay, everybody get that pose back again. Give us a big smile, look this way. Oop. Looks good. Looks good, look this way. Looks good, look this way. Okay, that looks good. Thank you very much. [Applause] [background chatter resumes]

[background noise] Maybe I'm just gonna break down and get wifi. [silence] [gavel bangs] The House will come to order. Members please take your seats. Visitors will retire from the chamber. The sergeant at arms will close the doors. Members and visitors please silence all electronic devices. Today's prayer will be offered by Representative Pittman. [SPEAKER CHANGES] Thank you, Mr. Speaker. [SPEAKER CHANGES] Members and visitors I would ask you to stand during the prayer and also to remain standing for the pledge of allegiance. [SPEAKER CHANGES] After taking that light in my eyes I was looking around for Will Smith and Tommy Lee Jones. Let us pray. Great God, our Father, it is good to be able to call you Father for among other things it reminds us that we are brothers and sisters. Lord, sometimes in this world we have a tendency to forget that fact but we pray you would help us always to remember it here in this room. Lord, we thank you that you have called each one of us into your service and into the service of the people of the great state of North Carolina. May we always remember that we are servants of the people and not their masters, and Lord, may we always have their rights and their best interest at heart in all that we do. Give us strength this day, Lord, give us wisdom and show us what you would have us to do for your people, your children. We pray in Jesus name, Amen. [SPEAKER CHANGES] Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. [SPEAKER CHANGES] Gentleman from Harnett, Representative Lewis is recognized for a motion. [SPEAKER CHANGES] Mr. Speaker, the journal for February 9th has been examined and found to be correct. I move that it be approved as written. [SPEAKER CHANGES] Representative Lewis moves that the journal for February 9th be approved as written. So many favoring the motion will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Those opposed will say no. The ayes have it and the journal is approved as written. Petitions, memorials or papers addressed to the General Assembly or the House, and there are none. Members, our nurse of the day Raquelle Begleman from Winterville, North Carolina. We're glad to have you here with us today. Thank you. [Applause] Introductions of bills and resolutions, the clerk will read. [SPEAKER CHANGES] House Bill 60, Representatives L. Moore, R. Brown and Zachary, passing slow moving vehicles. [SPEAKER CHANGES] Transportation. [SPEAKER CHANGES] House Bill 61, Representative Pittman, Ford and Speciale, local control land application of Mount Silas. [SPEAKER CHANGES] Local Government, if favorable, environment. Calendar, House Bill 3, the clerk will read. [SPEAKER CHANGES] House Bill 3, Representative McGrady, an act to amend the North Carolina Constitution to prohibit condemnation of private property except for public use, to provide for the payment of just compensation with the right to a trial by jury in all compensation cases and to make single and satisfactory changes. [SPEAKER CHANGES] The gentleman from Henderson, Representative McGrady has the floor to debate and because of an injury last night without objection the rule requiring the member to stand will be waived. Is there objection? If there is objection, you'll have to go deal with Representative McGrady. The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker, and for that indulgence. Members, this is the bill that proposes a constitutional amendment to the North Carolina Constitution to prohibit the condemnation of private property except for public use, requires the payment of just compensation for the property taken

And requires just compensation to be determined by jury trial if requested by any party. We had a very strong vote on the bill yesterday, excuse me, at the end of last week with 111 members supporting the bill. It's similar to the support the bill has received in the recent past and to my knowledge nothing has changed since we debated it other than the answer man in the Asheville paper, not always the paper that would expectedly support this has come out and difinitively said that this bill has nothing to do with fracking, so I would stop there and ask for a vote to send this bill to the Senate? [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the house is the passage of House Bill 3 on its third reading. All those, I believe the question's been put, Representative Pittman, I'm sorry I just saw your light. The Chair will withdraw the question. For what purpose does the gentleman from Cabarras, Representative Pittman rise? [SPEAKER CHANGES] To offer an amendment or send forth an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. [SPEAKER CHANGES] I believe it's coming up on the desk board now. [SPEAKER CHANGES] The clerk will read the amendment. [SPEAKER CHANGES] Representative Pittman moves to amend the bill on page 1 lines 12 by inserting the following between the periods and quotation mark. [SPEAKER CHANGES] The gentleman from Cabarras has the floor to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. This is basically a pretty good bill and I have cosponsored it. I will support it regardless, but I feel that it leaves a little bit lacking because it does not make clear enough, I think, for our courts what our intent is and so I wish to add this wording that public use does not include the taking of property for thereafter conveying an interest in the property to a 3rd party for economic development. This is what happened in the Kilo case and I do feel that we need to be a bit more specific than the bill currently is by placing this language in there to make sure that the courts understand that it is our absolute intention that what happened in Kilo will not happen in the state of North Carolina. So, it's a good bill but this is just intended to improve it and make it a little bit more clear on that fact and I appreciate your support for the amendment. [SPEAKER CHANGES] For what purpose does the gentleman from Wake, Speaker Pro Tempore Stam rise? [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] The gentleman has the floor to debate the amendment. [SPEAKER CHANGES] Mr. Speaker, members of the House, reluctantly I ask you to defeat the amendment, oppose it because it's not necessary. You'll recall and I've got the transcript here, this question was raised on second reading. Representative Pittman, what assurance do we have that "public use will be understood not to include taking property for purpose of conveyance to a 3rd party interest for economic development." And my reply to him was this, "Representative Pittman, thank you for the question, and indeed in several drafts of that bill in many other sessions that language was specifically added in. It's not here because it's not necessary because if it's for private development, by definition it's not for public use." I have two objections. One is aesthetic and the other's practical, and by aesthetic I mean it just doesn't fit. If you happen to have your constitutions here, if you pull it out and if you go to the declaration of rights which is article one, most of these fundamental rights are one or two sentences. We don't want to just add an extra unnecessary sentence to the declaration of rights just because we feel that we wanna be repetitive. I have a relative. I won't name who he or she is or the relationship who on a telephone call will first tell you what she wants to tell you, then she'll tell you what she's telling you, then she completes the call by telling you what she told you. You know anybody like that? Well, aesthetically in a constitution we just don't need to have a lot of stray words and in contrast to the declaration of rights which are fundamental, there on Article 5 Section 14 we have product development financing, remember that, TIFS, and it goes on for two whole pages and it has only been used once or twice, usually for disastrous, with disastrous consequences if those of you all from Roanoke Rapids might know what I'm talking about, so it just doesn't fit in a constitution

constitution to add unnecessary words, but the second reason is practical, and that is one of the statutes, not statutes, rules of construction of constitutions and statutes is that the assembly did not intend any words to be without effect. So if a a court is construing this, they will construe that that second sentence means something different than the first sentence, otherwise we wouldn't have added it. Since the first sentence completely limits a taking by eminent domain for those for a public use, what is the court going to do with the second sentence? It's not going to think of it as an additional restriction because it's already restricted. I'm afraid that if it's in there they'll say, "Well that was really what this whole thing was about," and only apply it to economic development activities. That's the motivating factor behind this constitutional amendment, the Kelo v. New London case, but it's not the only thing it would cover. So I'm afraid that, although Representative Pittman's intent is exactly my intent, the effect of including it is actually contrary to his own intent. I ask you to not agree to the amendment. [SPEAKER CHANGES] For what purpose does the gentleman from Rutherford, Representative Hager, rise? [SPEAKER CHANGES] Mr. Speaker, to see if Representative Stam will yield for a question. [SPEAKER CHANGES] Does the gentleman from Wake yield to the gentleman from Rutherford? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Thank you, Representative Stam. If an entity of municipality decided they needed 20 acres for a track of land, whatever, park or whatever, and then through their due diligence, once they purchased the land and went through the process, they decide they only needed ten acres and they already own the 20 acres. Could they then, years down the road, one year, two years, three years, take that other ten acres and convey it for a private use? [SPEAKER CHANGES] Representative Hager, this was asked to Representative McGrady Thursday and I'll give essentially the same answer but specifically to your question. If the taking of the 20 was a ruse to get the ten acres for the park and convey the other ten acres to a private party, a court will see through that and stop it. If, in fact, it becomes surplus property after the taking then this amendment will not stop that. [SPEAKER CHANGES] For what purpose does the gentleman from Henderson, Representative McGrady, rise? [SPEAKER CHANGES] To speak to the amendment. [SPEAKER CHANGES] The gentleman has the floor to debate the amendment. [SPEAKER CHANGES] I urge the body also, as Speaker Pro Tem has, to vote no on the amendment but that isn't because I have any disagreement with my colleague from Cabarrus regarding the intent here. Many of us are not lawyers, I happen to be a recovering one, but the issue here is the language that we put forward needs to not have more than it needs to have. So if you look at the amendment that is stated, if you just had to pull out three phrases, the first one would be "public use," the second one would be "just compensation," and the third one would be "jury trial." Those are the three big pieces of what this constitutional amendment does. I would say to my colleagues that the amendment is, the strength of the amendment, actually, is its brevity. One can actually read it and figure it out and by the reference to public use we are explicitly not adopting the Kelo standard that was established by the U.S. Supreme Court under the Federal Constitution. We are setting a higher standard and my view is similar to the Speaker Pro Tem in that if we add this additional language we are actually potentially undercutting the constitutional amendment that we're putting in place. Therefore, while I agree with the gentleman's intent, our intent is exactly the same and my belief is that we've accomplished what needs to be accomplished by the language in the fairly straightforward constitutional amendment that's in the bill. So I urge

No vote on the amendment. [SPEAKER CHANGES] For what purpose does the gentleman from Mecklenberg, Representative Brawley rise? [SPEAKER CHANGES] I wondered if the gentleman from Wake, Representative Stam would yield for a question. [SPEAKER CHANGES] Does the gentleman from Wake yield to the gentleman from Mecklenberg? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Thank you, Representative. You've introduced a bill like this on several other occasions. How many times have you tried to do eminent domain. [SPEAKER CHANGES] Approximately 6-7 times and it's passed the House 4 times. [SPEAKER CHANGES] Well, would the gentleman accept a second question? [SPEAKER CHANGES] Does the gentleman yield to a second question? [SPEAKER CHANGES] I would yield to a series of questions, yes. [SPEAKER CHANGES] I think I might wrap it up with this one. Not being an attorney and having heard a lot of attorney talk, what I would like to ask you as a simple businessman, is the bill better the way it is or would it be better with the amendment at protecting property rights in North Carolina. [SPEAKER CHANGES] As is. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] For what purpose does the gentleman from New Hanover, Representative Catlin rise? [SPEAKER CHANGES] To see if Representative Stam would yield for a question. [SPEAKER CHANGES] Does the gentleman from Wake yield to the gentleman from New Hanover? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Thank you. With the unamended bill, the original bill, would it also prevent new land use restrictions that were not approved by the property owner? [SPEAKER CHANGES] Would you clarify if these are public land restrictions or private land restrictions? [SPEAKER CHANGES] Well, let's just say for an environment situation that the county wants to put a land use restriction on you so that doesn't have to be remediated. [SPEAKER CHANGES] It would not. Now, there is, by its terms it would not. Now, if the land use restriction was so onerous that there was no practical use that could be made for it at all, then if the restriction essentially kept it as a public use it would also not be prohibited, but with just compensation should be paid, but that's rarely the case. [SPEAKER CHANGES] Thank you for answering my question. [SPEAKER CHANGES] For what purpose does the gentleman from Craven, Representative Speciale rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman has the floor to debate the amendment. [SPEAKER CHANGES] I think that if we're gonna deal with a constitutional amendment that we need to be real serious about what we're doing and we need to make sure that it does what it's intended to do, so I have a question for the bill sponsor. [SPEAKER CHANGES] Does the gentleman from, or for McGrady or for Stam. [SPEAKER CHANGES] We'll go with Stam. [SPEAKER CHANGES] Does the gentleman from Wake yield to the gentleman from Craven? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] In as few words as possible, what exactly is the bill supposed to do. [SPEAKER CHANGES] It's in two sentences. It's prohibiting the taking of property by eminent domain, but not by the police power, except for a public use as distinguished from public benefit, public purpose, public interest. The second sentence doesn't change current law. The first sentence probably doesn't change current law, but makes it very clear. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Does the gentleman from Wake yield to a second question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] How does it distinguish it from public use as opposed to public benefit or necessity or purpose? [SPEAKER CHANGES] Well, the way we do that is we of course use the term public use, but because the court cases in North Carolina over the last 100 years, and here I would refer to a memo by Dean Judith Wedner a couple years ago who is the Dean at Chapel Hill Law school, professor of real estate law, and she provided the lawyers on the judiciary committee a memo on all these cases. They are confused, conflicting, and all over the place in their terminology and in some cases the would confuse public benefit and public use or public purpose. Well, the way we deal with that because we wanna have a legislative history that we are really trimming the purpose for which you can take land by eminent domain to a public use, which has been defined yesterday or Thursday, the way we do that is on the same piece of paper that you vote on with the constitutional amendment you are also voting on some

Statutory changes and in four places in Chapter 40A and that's where this comes up, 40A is condemnation law by cities, counties, public utilities, where it says for the public use or benefit we are striking for benefit. That's how. [SPEAKER CHANGES] A follow up. [SPEAKER CHANGES] Does the gentleman from Wake yield to an additional question from the gentleman from [??] [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] You're striking or benefit, are you striking necessity or purpose or any other meaning or other word? [SPEAKER CHANGES] No, because they're not there. We're striking or benefit because that's what is in the current statutes today as an authorization to the town of Newburn to condemn for the public use or benefit. [SPEAKER CHANGES] Now many I speak on the bill? [SPEAKER CHANGES] The gentleman has the floor to debate the bill, or to debate the amendment, actually. [SPEAKER CHANGES] The amendment, sorry. This is all very confusing, purpose, use, benefit, apparently it's confusing to the courts as well because they keep changing it from one thing to another, use and necessity, it went from use to necessity to purpose to whatever and this is how we ended up with Kilo versus New London. If we're gonna do an amendment, let's make it count. Let's make it clear. I love the way you, he, my colleague spun the benefits or the aesthetics about how this thing. I've read it about half a dozen times with his amendment and it sounds just fine, but you know what? Even if it did sound a little awkward, does it get the job done? Does it protect your property? Does it keep the state from taking it in a situation like Kilo versus New London? The amendment will do that. I objected to third reading the other day because I wanted to also put in there compensation, explaining what it is, to make sure that this amendment is worth its value and its effort, but it's a much more complicated thing than it appears to be so it's gonna take some work, but I'd ask you all, okay, to vote for this amendment because I think it clarifies what needs to be clarified in the minds of people in this state. Thank you. [SPEAKER CHANGES] For what purpose does the gentleman from Nash, Representative Collins rise? [SPEAKER CHANGES] To see if Representative Stam would yield for a question? [SPEAKER CHANGES] Does the gentleman from Wake yield to the gentleman from Nash? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Representative Stam, do you think it would make it any clearer that this amendment is modifying the use of the term public use or just trying to make clearer what that is rather than adding another conflicting statement if the amendment were wrapped in parenthesis rather than just left as it is. [SPEAKER CHANGES] No, legislative history is interesting. There's a kinnard out there that North Carolina does not have legislative history, but we do, and now that all the words that I'm saying and Representative Pittman said and you're saying are recorded forever on the internet, this now becomes part of the legislative history, so I think it's clear that the motivating factor behind introducing the amendment was the situation that Representative Pittman discussed, but the reason we don't want to put it in parenthesis, or how would a court deal with that? The court would have one choice between two things, either they're gonna say that that second sentence expands the protection or it clarifies the intent of the protection so that it only applies to economic development situations, but that would be taking away from the protection, and I can't, I cannot conceive or imagine a situation that would be protected by his amendment that is not already protected by the first sentence, because if it's a public use it's not being transferred to a third party, for the purpose of being transferred to a third party. So I think no matter how you put it in it would be possibly dangerous. Probably not, but why take the chance? [SPEAKER CHANGES] For what purpose does the gentleman from Rockingham, Representative Jones rise? [SPEAKER CHANGES] To take my turn at offering a question to Representative Stam. [SPEAKER CHANGES] Does the gentleman from Wake yield to the gentleman from Rockingham? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Thank you, Representative

Speaker Changes:is there legal definition for the term public use versus public benefit and if you tell us brief what that would be Speaker Changes:?? the public use is the things end the public bodies schools rods person ?? water system of public utilities which is he explained the public used to ?? so those re public uses so what's public benefits that's in the eye of the holder public benefit would be something lie if you build the factory ?? will get more property taxes and more people would be employed there that's how happening in ?? that it would be better town ?? family ?? and she can live somehow else ?? by the way that project never happened they took property but never build it so that could be ?? in fact some of the cases of north Carolina some of t opinions of supreme court sound like they talking bout public benefit rather than ?? we are gonna take for people's property only for public benefit Speaker Changes:for what purpose does the ?? commence ?? Speaker Changes: to speak to the amendment second time Speaker Changes:the gentlemen has the floor to speak to the amendment second time Speaker Changes: thank you Mr.speaker ,i have absolutely no doubt that Representative stamp and ?? what i would want to do i just want to make sure they it works ?? so apparently it wasn't so make it ll clear ?? ext morning it got up and searched ll over the house d could not ?? key anywhere ?? unlock to keys hanging the ?? since i left the keys there it could have been compromised you know i want to make sure that this lock works that's why i put this bill to the amendment thank you Speaker Changes:further discussion further debate if not question before the house ?? to the third reading of house bill 3 ll favoring in adoptions of amendment vote ye ll oppose will vote no the clerk will open the vote Representative warren does the general want to vote on this amendment the clerk will record the machine ?? record the vote 10 having voted in the affirmative 108 in the negative the amendment fails we re now back on the third reading of the bill further discussion further debate ,if not the question before the house on the passage of the bill on it's third reading ll in favoring will voe ye ll oppose will vote no the clerk will open the vote the clerk will open n record the vote 113 have voted in the affirmative and none in the negative house bill 3 has passed it's third reading and will be sent to senate members we have number of recognitions today first of ?? please to extend the gallery ?? new union days charges schools in union counties if you re please stand up so if we could welcome you thank you for being here

On behalf of Representative Jeter, the Chair is also happy to extend the courtesy of the gallery to Jill Swain, who is the Mayor of Huntersville. Mayor Swain, if you'd please stand so we could welcome you. Thank you. [APPLAUSE] On motion of Representative Stam of Wake County the Chair is happy to extend the courtesies of the gallery to a home school group, the Old North State History Hounds, Colleen and Sarah Leonard, John, April, Brianna, Blair, and Brooks Miller, Trisha, Ethan, Owen, and Eliza Boardman, Holly and Bryce Yuengling. If you all would please stand so that we could welcome you today. [APPLAUSE] On motion of Representatives Torbett, Hastings, Bumgardner, Saine, and the Chair, the Chair is happy to extend the courtesies of the gallery to Madeline Keeter, Brett Keeter, and Craig Collins of Gaston County. If you all would please stand so that we could welcome you today. [APPLAUSE] On motion of Representative Adcock from Wake County, the Chair is happy to extend the courtesies of the gallery to students visiting from the Hopewell Academy. If you all would please stand so that we could welcome you. Are the students still here? There they are in the back. [APPLAUSE] And on motion of Representative Stam of Wake County, the Chair is happy to extend the courtesies of the gallery to Michael and Christie Johnson, their children Holly, Corey-Beth, and Andy, grandparents Steve and Carol Wilson, with one of North Carolina's newest citizens, Nastia Johnson, recently adopted from Ukraine. If you all would please stand so that we could welcome you as well. Thanks for being here. [APPLAUSE] For what purpose does the gentleman from Wake, Representative Stam, rise? [SPEAKER CHANGES] To a point of personal privilege. [SPEAKER CHANGES] The gentleman is recognized to speak for a moment of personal privilege. [SPEAKER CHANGES] Thank you, Mr. Speaker, members of the House. I do a point of personal privilege about once a session but this one deserves it. You just met Michael and Christie Johnson and their family and their new daughter, Nastia. The Cold War is a long time ago and Ukraine and the Crimea and Russia are far away but Nastia is here for today with us, attending Hopewell Academy, glad you all are here today as well. Coming through the war zone in Eastern Ukraine, arriving here just on a day when her VISA would otherwise expire to escape that situation, and at great sacrifice, the Johnson, to great personal sacrifice, the Johnson family did everything they could to get this girl out of danger and into a loving family and I'm just so appreciative that they did that. [SPEAKER CHANGES] Thank you all again for coming today. We're glad to have you with us. I would ask the pages to please come to the front of the chamber. Last night, since it was a no-vote session, the pages weren't introduced. So we're going to do that once they assemble. While the pages are coming forward, for what purpose does the gentleman from Guilford, Representative Johnson, rise? [SPEAKER CHANGES] Point of personal privilege. [SPEAKER CHANGES] The gentleman has the floor to speak for a moment of personal privilege. [SPEAKER CHANGES] Members of the House, North Carolina lost a innovator, a man of vision, a man of courage, in the passing of UNC Basketball Coach Dean Smith. Let me just say, when he retired in 1997, he was the winningest basketball coach in college basketball history, he had 879 wins. Let me also say that his team, well let me back up, let me just say that he had two national basketball championships, 13 NCC basketball championships, 11 Final Fours. He also coached the 1976 Olympic Team. I get kind of choked up about this because Dean Smith meant a lot to not just the basketball arena but he meant a whole lot about civil rights. Some people don't realize that Dean Smith, back in 1964, integrated a restaurant. Not just him, it was

Self it was also, it was also a black UNC Bible, this is really tough because he really meant a lot, not just about basketball cause it's bigger than basketball. It was about civil rights. He integrated, he helped integrate the UNC basketball team by bringing the first basketball player to play at UNC who was Charlie Scott. He could've lost his job for that. Do you all realize that? He actually could've lost his job and we wouldn't be talking about Dean Smith, but he endured, Charlie Scott endured being spit on, being ridiculed, and he did all of this because of the color of his skin. That's all it was. Over the 36 years he had no real superstars in his eyes, but we all know who played at UNC, Greensboro's Bob Macadew and Michael Jordan. 96% of his players graduated. He spoke out while others were silent. There's a whole lot of folks that were silent back then. What I want to know, and I'm asking the gallery right now, how many other Dean Smith's, Dean Smith minded people are out there in this gallery? How many of us would've had the courage to do what he did? To do what's right for the citizens of North Carolina? Cause that's what it's gonna take, it's gonna take courage. It's gonna take someone to say hey, we're concerned about everybody, not just a handful but everybody. Are we winning the hearts and minds of all the citizens? That's my question. Thank you. [SPEAKER CHANGES] Members, I think our pages are assembled now and so I would ask the clerk to introduce the pages and pages when you hear your name called, please step forward so the members can recognize you. [SPEAKER CHANGES] James Berry III, Sara Lane Cochran, Tenisha Harris, Lydia Newman, Amanda Patton, Kayla Ramos, Carrie Rough, and Megan Waites. [SPEAKER CHANGES] We appreciate you all being here today and being with us this week. I would ask the members to join me in welcoming you today. [applause] We hope you have a great week and you may return to your stations. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] For what purpose does the gentleman Cumberland, Representative Floyd rise? [SPEAKER CHANGES] Mr. Speaker, I would like to request that Representative Johnson's words be spread across the journal. [SPEAKER CHANGES] Without objection, so ordered. For what purpose does the gentleman from Scotland, Representative Pierce rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] Members of the black caucus do not forget our meeting at 4 o'clock at the destination, the location that's already been designed for us this afternoon. [SPEAKER CHANGES] Further notices and announcements. For what purpose does the gentleman from Cumberland, Representative Glazier rise? [SPEAKER CHANGES] For an announcement, Mr. Speaker. [SPEAKER CHANGES] The gentleman has the floor for an announcement. [SPEAKER CHANGES] Thank you, Mr. Speaker. Just to members tomorrow more than 100 people and their chaperones will be in our buildings participating in the 10th biannual adolescent health advocacy day. The program will be scheduled by those students in the legislative auditorium from 10 am and they go until 12:30 pm and then many of them will have appointments already in your offices or will be touring the building and stopping in your offices and I hope we'll all have just a minute or two that we can certainly spend with them to listen to them and their issues and appreciate the opportunity, Mr. Speaker. [SPEAKER CHANGES] We actually have

Some additional committee appointments we need to have read in and the clerk will read the additional committee appointments, please. [SPEAKER CHANGES] Speaker Moore makes the final committee assignments. Representative Haines, removal from Appropriations, Education. Representative Hollister, appointment to Appropriations. Representative Willingham, appointment to Appropriations, information technology. [SPEAKER CHANGES] For what purpose does the gentleman from Wake, Representative Dollar rise? [SPEAKER CHANGES] Two announcements. [SPEAKER CHANGES] Gentleman has the floor for two announcements. [SPEAKER CHANGES] Two announcements. If you are on the UNC Board of Governors nominating committee, we will be meeting 15 minutes after session, 1228 downstairs to approve the, move the bill for the nominating and election process and would hope with the cooperation of the rules chair that we'd have that on the floor tomorrow to move forward on. The second announcement I have is for everybody here and that is Thursday morning at 8:30 the full joint appropriations committees, House and Senate, will be meeting in 643 and we've invited the members of the Finance committee, so that means everybody in the General Assembly is invited to come over and hear from Dr. Boardman on the revenue availability. You received a correspondence today from Dr. Boardman and from Nathan over in OSMB. That will be presented formally to us as General Assembly and we will also have a presentation by fiscal research on some of the budget drivers for the year, so I invite everyone to come to that meeting at 8:30, 643, on Thursday morning. [SPEAKER CHANGES] For what purpose does the lady from Wake, Representative Avila rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] The lady has the floor for an announcement. [SPEAKER CHANGES] Thank you, Mr. Speaker. House Appropriations joint committee will meet tomorrow morning at 8:30 in room 643, Health and Human Services. Thank you. [SPEAKER CHANGES] Further notices and announcements? Seeing none, the gentleman from Harnett, Representative Lewis is recognized. [SPEAKER CHANGES] Mr. Speaker, I move that the House adjourn in memory of Coach Dean E. Smith to reconvene Wednesday, February 11th at 3:00 PM. [SPEAKER CHANGES] Representative Lewis moves, seconded by Representative Johnson, the House adjourn in memory of Coach Dean E. Smith to reconvene Wednesday, February 11th at 3:00 PM. Those in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Those opposed will say no. The ayes have it. The House stands adjourned.