The house will come to order. Members, please take your seats; visitors, please retire from the chamber. The Sergeant at Arms will close the doors. Members and visitors in the gallery: please silence all cellular phones and electronic devices. The prayer will be offered by representative Donny Lambeth. Members and visitors of the gallery, please stand and please remain standing for the Pledge of Allegiance. [SPEAKER CHANGES] Please join me in prayer and thanksgiving. Our most kind and gracious heavenly father, we come to you today gathered as one body, to give praise and thanks to for blessings we share and the seek through guidance and the work we were elected to do. Thank you for the leaders gathered here today, who give up their time and talents in making decisions that ensure the wellbeing of all citizens of North Carolina. We also pray and give thanks to their families who support them in their service. We pray for our national and local leaders, and those who protect our freedoms: our military, our law enforcement, and our firefighters. We ask a special blessings on their family as well. We ask for your comfort and direction to those in distress, or in situations requiring help or support. We know that each of us has faced, or been confronted, by situations biggers than ourselves. We acknowledged that through you all things are possible. As we enter into session today, we ask for your continued guidance in making the right decisions on behalf of those whom we serve. May our actions be pleasing in your sight. In your name we pray, Amen. I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. [SPEAKER CHANGES] Representative Morris recognize. [SPEAKER CHANGES] ?? the speaker. The journal for May the 23, 2014 has been examined and found to be correct and we move his approvals are ready. [SPEAKER CHANGES] Representative Morris moves that the journal from May the 23 be approved as written. All in favor say aye. All opposed, no. The ayes have it. The journal is approved as written. Petitions, memorials, and papers addressed the general assembly of the house. Ladies and gentleman of the house, the chair would like to welcome the nurse of the day. The nurse of the day is Joy Kiefer from Winterville. Joy, thank you for serving the chamber today. Welcome. Reports of standing committees and permanent sub-committees. Representatives Johnson and Langdon are recognizing fourth committee report. The fourth committee will read. [SPEAKER CHANGES] Representatives Johnson and Langdon of the education committee. House of F-1060. Military student identifier. Favorable. [SPEAKER CHANGES] Counter. [SPEAKER CHANGES] House of resolution 11-46, set date for community college election. Favorable. [SPEAKER CHANGES] Counter. Ladies and gentleman the bill filing deadline, without objection, will be extended for one hour to provide staff adequate time for any other bills that are in process. ??
Ladies and Gentlemen, upon motion of Representative Susan Fisher from Bumpkin County and the entire Bumpkin delegation, the chair is happy to extend the courtesies of the gallery to student Registered Nurse Anesthetists from Western Carolina University Caroline Mackintire, Cassidy Padett, John Loranz, Christie Andreko, Amber Dowling, Kathy Elwan, and led by the North Carolina Association of Nurse Anesthetists student representative Jessica Olivetti. Please stand and let us welcome you. Ladies and Gentlemen, upon motion of the member from Ardell County, Robert Brawley, the chair is happy to extend the courtesies of the gallery to John Frayley, the next representative of the 95th House district. John, if you are in the chamber, please stand and let us welcome you. Messages from the Senate, the clerk will read [SPEAKER CHANGES] Special mention of Senate Bill 786 Community Substitute Bill ?? Enact to extend the deadline for development of modern regulatory program for management of oil and gas exploration, development and production in the state and use of horizontal drilling and hydraulic fracturing treatments for that purpose. Enact or modify certain exemptions, management of oil and gas exploration development, development and production in the state and use of horizontal drilling and hydraulic fracturing treatments for that purpose. Establish a development and production ?? of the North Carolina Oil and Gas Commission and reconstitute the North Carolina Mining Commission, amend miscellaneous statutes governing oil and gas exploration, development and production activities, establish and amend miscellaneous statutes unrelated to il and gas exploration, development and production activities, and to direct studies on various issues as recommended by the joint legislative commission on energy policy. [SPEAKER CHANGES] Public utilities, if favorable finance. Calendar, Ladies and Gentlemen of the House, without objection, the chair would like to move ahead in the calendar to the House Joint Resolution 1121 on the second page. Is there objection? House Joint Resolution 1121 the clerk will read. [SPEAKER CHANGES] House Joint Resolution 1121 - Joint Resolution honoring the life and memory of Leo Mercer, former member of the General Assembly. The House resolves, the Senate concurring. [SPEAKER CHANGES] The House come to order, the clerk will read the resolution in its entirety. [SPEAKER CHANGES] Whereas Leo Mercer was born on March 20th, 1926, in Chadburn North Carolina to Bailey Mercer and Lottie Hinson Mercer, and whereas Leo Mercer graduated from Chadburn High School in 1943 and during that same year served in the United States Navy. And whereas Leo Mercer was a farmer and business owner serving as co-owner of Mercer Worthington Funeral Home, now Worthington Funeral Home, until his retirement in 1984, and whereas Leo Mercer had a 33 year career with the United States Postal Service. He began working for that organization in 1951 and later served as a postmaster for the town of Chadburn from 1962 to 1984. And whereas Leo Mercer was a leader in his community serving as mayor of Chadburn from 1969 to 1970, 1975 to 1982 and 199?
To 2005 as a member of the Columbus County Board of Education from 1982 to 1988, and the Columbus County Board of Elections from 2008 to 2011. And whereas Leo Mercer served with honor and distinction as a member of the North Carolina House of Representatives for two terms between 1989 and 1992, where he was a member of various committees including agriculture, ethics, finance, pensions, retirements, state governments, state revenue and transportation, and whereas Leo Mercer served five years as a special assistant to Governor James B. Hunt Jr. in the governor’s eastern office. And whereas Leo Mercer was a member of several fraternal and civic organizations including the Chadburn Masonic Lodge #607, Chadburn Merchants Association, Chadburn Civic End Club, And Columbus County Committee of 100. And whereas Leo Mercer was an active member of the Chadburn Baptist Church where he held several positions including deacon and superintendent. And whereas Leo Mercer was honored as being named the North Carolina Postmaster of the Year in 1978, having a section of North Carolina highway 410 named the Leo Mercer Highway and receiving the state’s highest honor The Order of the Lonely Pine 2012. And whereas Leo Mercer was married to the late Irene Bullard-Mercer. And whereas Leo Mercer died on December 26th, 2013 at the age of 87. And whereas Leo Mercer’s survived by his daughter Gwendolyn Mercer-Sanderson, two sons Keenan Mercer and Kipling Sherril-Mercer, seven grandchildren and eighteen great-grandchildren. Now therefore, it be resolved by the House of Representatives, the city concurring, Section 1, the general assembly honors the memory of Leo Mercer, and expresses the gratitude appreciation of this state and its citizens for his life and service to his community, state and nation. Section 2: The general assembly extends its sympathy to the family of Leo Mercer for the loss of a beloved family member. Section 3: The Secretary of State shall transmit a certified copy of this resolution to the family of Leo Mercer. Section 4: This resolution is effective upon ratification. [SPEAKER CHANGES] Representative Lydell, please state your purpose. [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen of the House, it is an honor for me to stand here before you this afternoon and talk about my friend and mentor, Leo Mercer. Leo was one of those guy who didn’t carry a big stick. He walked softly. He walked softly but he got things done. During my tenure as board member in Chadburn, he was very instrumental in trying to get some things done from the little small town I’m from such as a new town hall. And he went about doing that in the official way he had always done that. And that is to try to pull all of the knowledge he had from years past to give that for a small town like Chadburn, 2200 people. It gives me great honor and pleasure too, to know that his daughter is here today and stands before this body and recognizes the fact that her daddy was really, really important to the state of North Carolina. If you look on the resolution and you look at some of the things that we’re speaking about Leo... Representative Bowles here is a member, a part owner, in a funeral home. And I’m sure you have made his acquaintance here many years and have had a relationship with him over the years. He had 33 years with the US Postal Service. He served as mayor – he’s the longest serving mayor of Chadburn. He served a total of 16 years. He served on the Columbus County Board of Education for 6 years. He served in the North Carolina House for 4 years. He served as a special assistant to the governor for 5 years. All totaled up, I added a total of 35 years of service to the state of North Carolina. I would be proud to know that I…
Have served the state the way that he has. I cannot think of a more godly man either because he was a member of the church that I’m a member of and was always extremely, extremely involved in the church: served as deacon, served on ?? of various committees. But I say that only to point out that he was essentially really all about service and that’s what all of us are all about, service. I’m proud to have known him, I’m proud to have had him as a mentor, and I’m certainly proud to have had him as a friend. There’s probably not anyone other than my father that I looked up to more than Leo. Having said all that I know that many of you in here hope that your legacy will be of service to the state of North Carolina and I think Leo’s speaks for itself and I commend the resolution to you. [SPEAKER CHANGE] Further discussion, further debate. If not, the question before the house is the passage of house joint resolution 1121 on its second reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. Does the gentleman wish to be recorded as having voted aye? The clerk will ?? machine record the vote. One-hundred and eighteen having voted in the affirmative, none in the negative, house joint resolution 1121 has passed its second reading without objection, it will be read a third time. Further discussion, further debate. If not the question before the house is the passage of house joint resolution 1121 on its third reading. All in favor say aye. All opposed no. The ayes have it, house joint resolution 1121 has passed its third reading, it will be sent to the senate by special message. Ladies and gentlemen upon motion by Representative Woodall from Columbus county the chair is happy to extend the courtesies of the gallery to Charles and Gwen Sanderson. Gwen is the daughter of the late Mr. Leo Mercer. Judge Sherry Prince, district court judge for the 13th court district and Mr. Mitchell Tyler, trial court administrator for Columbus county, please stand and let us welcome you. Ladies and gentlemen we’re now back to the top of the calendar. House resolution 1180 the clerk will read. [SPEAKER CHANGE] House resolution 1180. A house resolution expressing gratitude to the members of the military for their service in honoring the memory of those killed in the line of duty. The house resolves. [SPEAKER CHANGE] The clerk will read the resolution in its entirety. [SPEAKER CHANGE] Whereas Memorial Day was first observed as Decoration Day on May 30, 1868 as an occasion to decorate the graves of Civil War soldiers and whereas after World War I, Decoration Day was expanded to honor service members killed in all our nation’s wars and after World War II Decoration Day became known as Memorial Day, and whereas in 1971 Congress established Memorial Day as a federal holiday to be observed on the last Monday in May and whereas as we observe Memorial Day in 2014 it is important to remember and reflect on the contributions and sacrifices of the men and women of our armed forces who have made in upholding the principles that are the foundation of our democracy and liberty while in service to our nation and whereas it is fitting to honor and commend the North Carolinians as well as the men and women who served with military units based in North Carolina who were killed in the line of duty and thus paid the ultimate sacrifice to preserve the freedom that we enjoy. Now therefore be it resolved by the House of Representatives section 1, the House of Representatives expresses its profound gratitude and appreciation to all the men and women of the United States armed forces for their selfless service. Section 2, the House of Representatives wishes to honor the memory of all of the members..
Military from North Carolina who lost their lives while serving during operation Iraq Freedom, Operation Enduring Freedom and Operation Newdawn since May the twenty fifth two thousand and thirteen as follows. Sargent William D Brown, Franklin North Carolina, Army Sargent Peter Bowler, Willow Spring, North Carolina. Army specialist. Andrew H. Sipple, Carrie, North Carolina, Section 3. The house of Representatives wishes to memory of all of the Veterans of past wars who have died since the last Memorial Day. Section 4, the House of representatives extend it's deepest sympathy to the family members named above who made the ultimate sacrifice to help secure the freedom of the Unite States of America. The people of North Carolina owe a debt to these brave service members and solemnly pledge that they shall never be forgotten. Section 5, this resolution is effective upon adoption. [Speaker Changes] Representative Bloss, please state your purpose. [Speaker Changes] Speak on the resolution. [Speaker Changes] The gentlemens's recognize to debate the resolution. [Speaker Changes] Thank you Mr. Speaker and members of the house. In June of nineteen sixty three in an earlier version of a speech that came to be known as I have a Dream. Martin Luther King said of the struggle for freedom even if they try to kill you, you develop the inner conviction that there are some things so dear, some things so precious, some things so eternally true that they are worth dying for. Today, we come somberly, soberly, and solemnly to pay homage to those who in our history gave their lives because they knew the eternal principles that underlie our freedom are precious enough to be worth dying for. At the height of the Cuban Missile Crisis, President John F. Kennedy addressed the nation and concluded by saying the cost of freedom is high but Americans have always paid the cost. The one path that we will never choose is one of surrender or submission. We seek not the victory of might but the vindication of right. Not peace at the expense of freedom but both peace and freedom here in this hemisphere and we hope around the world. Today, we come with a sense of reverence and it's not too strong a word, a sense of awe to celebrate those men and women who gave their lives to achieve that goal of both peace and freedom for us. They willingly walked into tho valley of the shadow of death because they knew that peace and freedom was a goal that we needed to achieve. Our words of praise may seem weak and feeble compared to their sacrificial deeds but we should never forget how much of a debt we owe to them because we know that it's the soldier, not the network news anchor that gave us freedom of speech. It's the soldier not the newspaper editor that gave us freedom of the press. It's the soldier, not the pastor, priest, or rabbi that gave us freedom of religion. It's the soldier not the judge who gave us the right to do process. It's the soldier, not the protester who gave us the right to peaceably assemble, and it's the soldier who solutes the flag, who serves beneath the flag and his blood soaked coffin is draped by the flag that has made it possible for the protester to burn the flag. It is the soldier whether Army, Navy, Air-force Marine or coast guard who has made it possible for us to gather here today in this assembly that represents the highest aspirations of freedom and man kind, a legislative body elected by the people, to serve the people. It's the very essence of a constitutional Republic, Words alone are not adequate for what we need to do here today. Action is required, no one said this more eloquently than Lincoln at Gettysburg. It is for us, the living rather to be dedicated here to...
Unfinished work, which they who fought here, have thus far so nobly advanced. It is rather for us, to be here dedicated to the great task remaining before us. That from these honored dead, we take increased commitment to that cause for which they gave the last full measure of devotion. That we here highly resolve, that these dead shall not have died in vain, but that this nation, under God, shall have a new birth of freedom. In a Republic, preserving freedom will always be an unfinished work. That was the cause for which they gave the last full measure of devotion. We can never honor them adequately unless we take increased resolve to complete the unfinished work of preserving freedom. For we know, as Ronald Reagan said, Freedom, is always only one generation away from extinction. We didn’t pass it to our children in the blood stream. The only way they can inherit the freedom we have known is if we fight for it, protect it, defend it, and then pass it on to them with the well-taught lesson of how they in their life must do the same. If you and I do not do that, then you and I may well spend our sunset years telling our children and our children’s children what it was like once to live in an America where men were free. So, to properly honor the men and women on Memorial Day and in this resolution, we must resolve that we will not be that generation that loses freedom in America. We must find something in ourselves to pass this great inheritance on to the next generation, whole, so that they can do the same. The Wounded Warrior Project has identified seven characteristics that we find almost uniformly in those who volunteer to go protect freedom. I am sure there are exceptions, but these characteristics are prevalent. Duty, honor, courage, commitment, integrity, country, and service. People have seen these characteristics exhibited in their soldiers and in our veterans and rightly hold them in high regard. I wonder if, one reason the political class is no held in high regard, is because people look at those involved and don’t see those characteristics a lot of times. If we really want to honor those who died in the defense of freedom, we need to adopt those same characteristics as a code that we always operate the people’s business according to. I think if that were to happen, you would see inspired leadership and the people, knowing that it was real, would react in an inspired way, and we could have the new birth of freedom that President Lincoln spoke about at Gettysburg. We do have so many advantages, there is reason to be optimistic. We have the example of our ??. We have the great writings about the ideals and principals that ?? liberty. We have the historical record. We have, chiefly, the example of self-sacrifice of those we honor today. We shouldn’t have as big of a difficulty as we have, in turning this ship estate around and getting it back to where we should go, to emulate these soldiers, airman, marines, and seaman, and win back the confidence of the public in their institutions and in rule of law. If we will do that, then we will truly honor our fallen heroes who, in the words of Lincoln, have laid such a costly sacrifice upon the altar of freedom. [SPEAKER CHANGES] Representative ?? Martin, please state your purpose. [SPEAKER CHANGES] To debate the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you very much, Mr. Speaker and members and thank you also for your indulgence of three resolutions that we have had over the last few days. I wanted to talk very briefly about why we have a few different.
Resolutions, of course yesterday was Memorial Day. One of the other great holidays which we celebrate the men and women who serve our country in uniform is Veterans Day in Novemeber, Veterans day is for all who have served, living or dead. Memorial Day is for those who are no longer with us, who have given their lives in service. There's many things that we disagree on in this body but there are two things I know we agree on, our support for our veterans and also that none of us want to be here in November. So that's one of the reasons we did the resolution last week, today is our memorial resolution. The gentleman from Gilford eloquently quoted from probably the diffinative speach on what makes memorial day memorial day. President Lincoln's address, the Gettysburg address at the dedication of the cemetary on the Gettysburg battlefield. About eighty years later a half a world away another eloquent speaker delivered remarks at the dededication of the fifth Marine Division Cemetary on Hijima on March nineteen forty five. This was lieutenant Chaplin Rowland B. Gettleson and he and his remarks also quoted the Gettysburg address beginning the world will little note nor long remember what we say here, it can never forget what they did here. Chaplin Gettleson continued. No, our four power speech can add nothing to what these men and the other dead of our division who were not here have already done. All that we can even hope to do is follow their example, to show the same selfless courage and peace that they did in war. To swear by the grace of God and the stubborn strength and power of human will, their sons and ours shall never suffer these pains again. These men have done their jobs well, they have paid the ghastly price of freedom, if that freedom be once again lost as it was after the last war the unforgivable blame will be ours, not theirs. So it is we, the living who are here to be dedicated and consecrated. Members, let us use this Memorial Day, and every Memorial day and every Memorial Day to dedicate and consecrate ourselves to these values. I would appreciate your support for the resolution. [Speaker Changes] Representative Larry Haul, please state your purpose. [Speaker Changes] Speak on the resolution. [Speaker Changes] The gentlemens recognize to debate the resolution. [Speaker Changes] Thank you Mr. Speaker and fellow members of the house, You've heard it many times said the price of freedom is great, and there have been many speeches around the world and all around the United States about the great efforts of the American fighting man who has been sent somewhere to do a job by elected officials in bodies such as this and so those we trust make those policies but others who trust in us carry them out at their own great parel. And maybe, of all the speeches that have been made. The most succinct and clear description of the sacrifices that have been made can be read in the medal of honor citations that are in the congressional record in the historical archives of the department of defense. And I want to take a minute to read a couple of those because nothing I could say would probably have more impact on you than what was said about these individuals who gave their lives in the performance of their duty and in the defense of their comrades, their platoon members, their fellow Americans on the field of battle. I wanna read first Emilio Delegarso's citation. Lance Corporal United States Marine Core Company E Second Battalion, First Marines, first marine division, for conspicuous gallantry at the risk of his life above and beyond the call of duty while serving as a machine gunner with Company E. returning with the Squad from a night Ambush, Guards adjoined his platoon commander in and another Marine in searching for two enemy soldiers who had been observed fleeing. Moments later they located one of the enemy hiding among the reeves and brush. As the three marines attempted to remove the resisting soldier, they observed the soldier pull a pin on a hand grenade. Shouting a warning, Delegarsa placed himself between the two other Marines and ensuing blast from the grenade thereby saving the lives of his comrades at the sacrifice of his own. By his prompt and decisive action, and his great personal valor in the face of almost...
death, Lance Corporel Dimidel is a pill and further enhance the finest traditions of the Marine Core and the United State naval service. I wanna read this second one regarding first luetenant Valderamo Lopez. United States Marine Core Company A Firist betalion fifth Marines for conspicuous gallantry and entrepedy at the risk of life above and beyond the call of duty as Marine Platoon Commander of company A in action against enemy aggressive forces, taken under fire by an enemy Automatic weapon and hit in the right shoulder and chest as he lifted his arm to throw a hand grenade, he fell backwards and dropped the deadly missile. After a moment he turned and dragged his body forward in an effort to retrieve the grenade and throw it. In critical condition from pain and loss of blood and unable to grasp the hand grenade firmly enough to throw it, he chose to sacrifice himself rather than endanger the lives of his men and with a sweeping motion of his wounded right arm, cradled the grenade under him and absorbed the full blast an impact of the explosion. His exceptional courage and fortitude and devotion to duty reflect the highest credit upon first lieutenant Lopez, the United States Naval service and the United States marine core He gallantly gave his life for his country. Ladies and gentlemen. I think those medal of honor citations say it all. For all of us who would wish to contribute, for all of us who would wish to make that sacrifice, that we could make that difference every day and know that young men like these who give their lives in times like these depend on us to make the right decision, I recommend the resolution to ya. [Speaker Changes] Further discussion, further debate. [Speaker Changes] If not the question before the house is the adoption of the house resolution eleven eighty, all in favor vote I, all opposed vote no. The clerk will open the vote. [Speaker Changes] All members wishing to record please do so. The clerk machine will record the vote. One hundred and eighteen having voted affirmative, House resolution eleven eighty has been adopted and will be ordered prinit. House bill six eighty eight the clerk will read. [Speaker Changes] [??] proof in it speak with House representatives [??] resolve the difference between the Senate and house of representatives on House bill sixty eighty eight, six eighty eight. The bill [??] in act, and continuing education requirements for certified Will contractors. The companies recommend the Senate and House of representatives adopt this report, [??] the Senate. Senator Judy Way chair, Senators Tillman, Tucker, and Davis. Companies of House of Representatives, representative Heart, Representative Chair, Representative Millis, Dobson and Tyne. [Speaker Changes] Representative Heartesir please state your purpose. [Speaker Changes] Debate the bill [Speaker Changes] The gentlemen has recognized to debate the conference report. [Speaker Changes] Thank you Mr. Speaker [Speaker Changes] Members you may recall this bill passed the house last year, what it does is reduces continuing education requirements for well contractors, and whenever this bill passed the House the first time it reduced continuing education, well let me start over. So currently well contractors obtain six hours of continuing education a year but the rules are rarely updated. There have been very few instances of violations. So, I was contacted by one of my constituents in Gilford County whos been a Well contractor for many years and says every year you have to go in for six hours which basically takes you out of work for an entire day and said we're not really learning anything new, we're just sitting there, you learn nothing new so the original version of the bill would reduce continuing education from six hours a year to six hours every three years and that bill passed the House, went to the Senate. The Senate reduced it to zero to no more continuing education at all so when that bill came back I objected to it because I felt like there should be some level of continuing education and so we went to conference on it and I think what we've come up with is an excellent. Thank you sir. One of my colleagues is looking out for me. Excuse me, so the conference support now basically makes it so when you get your license to be a Well Contractor for the first three years you obtain education and then after that you have no more continuing education unless you have a violation in which case you go back for re...
….for the confirmation of Linda Combs as state controller. House resolves the senate concurring. [Speaker Changes] Representative Moore, please state your purpose [Speaker Changes] To debate the resolution. [Speaker Changes] Gentleman has recognized to debate the resolution. [Speaker Changes] Thank you Mr. Speaker, the members of the house. Well, you’ve heard before the resolution confirming the appointment of Dr. Linda Combs as the state controller for North Carolina. She is an impressive nominee, she has been appointed by 3 prior presidents and previously served as the controller of the United States from 2005 to 2007. It was also confirmed by the United States Senate in there. We think that you should know that she was the controller of the United States, she reduced the audit completion time from 5 months to 45 days for the entire federal government. First time that happened in history. I’d only think George [xx] has been able to do that. Reduce in proper payments by 9 billion, that was billion with a B dollars and dispose a 4.5 billion dollars of unneeded real property. She has an impressive career, she has received accolades nationally and internationally. She was born in Caldwell County up in Adgestone country and she now lives in Winston-Salem and she came before the rules committee last week and received a favor of recommendation from the rules committee. Members, I would ask that we support the Governor’s nomination of Dr. Combs as state controller. Thank You. [Speaker Changes] Representative Glazier please state your purpose. [Speaker Changes] Debate the Resolution please. [Speaker Changes] The Gentleman has recognized to debate the resolution. [Speaker Changes] Thank you, Mr. Speaker. I stand as well to encourage the body to confirm Dr. Combs. I had the honor and privilege of serving a number of months with her on the treasures and investment governance commission and we developed a friendship. I think she is an extraordinarily qualified pick and was a tremendous controller under the United States president Bush. I found Dr. Combs to be not only an extraordinary professional but extremely meticulous in her work and very non-partisan in her approach and I found her to be probing on all issues. I think the state will be extraordinarily well served by Dr. Combs in this position and I really commend the resolution to you and look forward to working with her. [Speaker Changes] Further Discussion, Further debate. If not, the question before the house is the passage of house joint resolution 1074 on its second reading. All in favor vote Aye and all oppose vote No, the clerk would open the vote. So, the clerk [xx] machine to record the vote. 117 having vote in the affirmative, none in the negative. The House Joint Resolution 1074 has passed its second reading and without objection. Will be read a third time. [Speaker Changes] General Assembly of North Carolina enacts. [Speaker Changes] Further discussion, further debate. Representative [xx] please state your purpose. Further discussion, further debate. If not, the question before the house is the passage of house joint resolution 1074 on its third reading. All in favor say Aye. [Speaker Changes] Aye [Speaker Changes] All oppose no. [Speaker Changes] You guys have it. The house joint resolution has passed its third reading and will be sent to the senate by special message. Ladies and gentlemen, on behalf of all the members the chair is happy to welcome Linda Combs who I believe will be our next state controller. Linda please stand and let us welcome you. Ladies and gentlemen we’re gonna move ahead to senate bill 294. The clerk would read. [Speaker Changes] Committee substitute for senate bill 294. Bill has been prior an act to allow entities regulated under phase 2 of the national pollutant discharge elimination system program to utilize the department of transportation's best management practices toolbox for linear transportation projects. The general assembly of North Carolina enacts. [Speaker Changes] Representative Conrad, please state your purpose. [Speaker Changes] To debate the bill [Speaker Changes] The lady has recognized to debate the bill [Speaker Changes] Thank you Mr. Speaker. Our current post construction storm water statues are [geartored] traditional developments where you have a contiguous piece of property where you can control the runoff in one or two directions. This bill, if you’ll check down to the paragraph on line 31 addresses linear projects. There could be roads or green ways and are constructed in a more confined area like an [eastmund] or [ride of].
…members, let’s please show them our appreciation for their service. And I’ve got good news for you. We’re going to let you off work a minute early so now you’re dismissed. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] Representative Earl, please state your purpose. [SPEAKER CHANGES] You missed one of the pages. [SPEAKER CHANGES] Okay. If you were not announced, please raise your hand. Ok. [SPEAKER CHANGES] Menajah Smith-Mecklenberg. [SPEAKER CHANGES] Come up here really quick. Menajah Smith. Welcome. We’re back to the final item on the agenda. House Joint Resolution 1112. The clerk will read. [SPEAKER CHANGES] House Joint Resolution 1112, a joint resolution to confirm the appointment of Charles Nell Allen to the North Carolina Industrial Commission. The House resolves, the Senate concurring. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] To debate the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members of the House, you have before you the resolution to confirm the appointment of Charles Nell Allen to the North Carolina Industrial Commission. Mr. Allen is from Mooresville, North Carolina and was born down in Wilmington and has been an attorney since 1997. Also, I had the privilege of attending UNC Chapel-Hill with Charles so we go way back. He is an attorney with a lot of experience in the area of workers’ compensation which of course one of the main functions of the Industrial Commission - to hear these kinds of cases. The Industrial Commission ... you can always count on the Senate… is responsible for administering the Workers’ Compensation Act and the State Tort Claims Act. The Industrial Commission is comprised of six commissioners who are appointed by the governor to serve six-year terms. The commissioners are subject to the code of judicial conduct and seated panels of three to review appeals of the deputy commissioner, opinions and awards. Mr. Allen is highly qualified for this position. We had a Rules Committee meeting this last week where there were some debate against him at the end, but there were no questions or anything. I think he has been around and met a lot of you and has been here and made himself available. He also served, informally, on an informal advisory committee for the Industrial Commission since 2013. With that being said, we would certainly recommend the body support Mr. Allen for this appointment to the Industrial Commission. Thank you. [SPEAKER CHANGES] Representative Larry Hall, please state your purpose. [SPEAKER CHANGES] To speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to speak on the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker. Fellow House Members, I rise to oppose this nomination. I was in the Rules Committee as this came forward. It causes me great concern that we would have a nominee who has a background and a professed opinion against the rights of workers to receive fair pay and fair working conditions. That might not be a problem except for the fact that on this Industrial Commission, the citizens of North Carolina rely on the integrity of it as decisions are made that affect the lives and the families of many of the workers in our state. One of the missions of the Industrial Commission is to resolve controversies by rendering impartial and will render decisions. Because this nominee has already specifically and publicly stated his opposition to workers’ rights and fair treatment, I think it calls into question then the rulings and decisions that would be handed down under his watch. For that reason, again I would ask that you oppose this nomination. I think that the integrity of the Industrial Commission, with all the recent changes that have been made, is at stake.
The people who rely on it are watching, and that we should ensure that that integrity is there at least in the face of the changes that we made. Again, I’ve met Mr. Allen. And if he were a nominee as a pro-business advocate, maybe he would be appropriate to serve on this board. But it requires impartiality which he has expressed he does not have, and is opposed to workers’ rights. So I would ask that you oppose the nomination. [SPEAKER CHANGES] Representative Jordan, please state your purpose. [SPEAKER CHANGES]To speak for the resolution and for the nominee. [SPEAKER CHANGES]The gentleman is recognized to debate the resolution. [SPEAKER CHANGES]Thank you Mr. Speaker. I have known Mr. Allen for 20 years. He was a year behind me in law school, and has been practicing law since 1997. Worker’s comp has been a strong area of his practice. Worker’s comp is what the industrial commission does. The people, my friends on the other side of the aisle, seem to want to make it something that it’s not. It has nothing to do with workers’ rights, and paid sick leave, and all that kind of thing. It has to do with injured workers. Mr. Allen’s clients have been almost exclusively injured workers. He’s gotten hundreds of thousands of dollars for injured workers. And this position is for a plaintiff’s attorney position on the industrial commission. He is clearly a plaintiff’s attorney. He’s served with two other plaintiff’s attorneys on the advisory commission that Representative Moore discussed. And the advocates of justice, when Mr. Allen ran for the state house, maxed out their contributions to him. I don’t think they would have done that for someone who was anti-worker. This is someone who clearly can be impartial. He is an advocate as an attorney but he realizes there are situations where you’ve got to look at all the facts, and will do so. He had one client who was an employer, so he’s certainly seen both sides. But for the most part, injured workers are what he’s represented. And we have the opportunity to put him on there, to give workers a strong advocate for a situation where the industrial commission and workers comp gives money to injured workers quickly so their medical needs can be taken care of. It’s not a situation of faults and picking one side or the other, but looking at the facts of the case. And we have some members on the other side who have filled out similar surveys that make them anti-worker, if Mr. Allen is considered anti-worker, and I would ask them to look at theirselves. Mr. Allen is highly qualified, good for this position, strong advocate and will be able to be impartial, which he answered in committee. And I’d be glad to nominate Mr. Allen and support this resolution, and urge you all to support it as well. Thank you. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] To debate the resolution a second time. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution a second time. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, when this nomination came before the rules committee, there were no questions. There was no information presented. Only the comments by the minority leader, and only a fund raising email I saw that came out from the North Carolina Democratic Party. That’s the only thing I saw. This should not be partisan. And I can tell you in the years that I’ve spent in the minority, I’ve never made anything like this partisan. Mr. Allen is Governor McCoy’s nominee for this position. He has been thoroughly vetted by the Governor’s folks. He came through the rules committee meeting, was there to ask questions. No questions were prompted to him by Representative Hall or anyone else. And it just so happens I happen to know Mr. Allen. And I know him to be a good attorney and to be fair. And I think any of us who, Mr. Allen was a Republican candidate for state house a few years ago, and I think any of us who serve in this body, Democrat, Republican, whatever, decide to move on to some other office, a judge or whatever. There’s a different role when you’re a legislator and when you sit in a judicial role. Those are two different things. But we’re all entitled to opinions. We’re all entitled to believes. I think because Mr. Allen may have a conservative viewpoint, that perhaps the minority has a problem with, he is a conservative, being appointed by a conservative governor. But at the same time, when he’s on the industrial commission, he’ll be fair. And I think that this body should back the Governor up on this, and should do the right thing by the people of North Carolina and confirm this appointment. [SPEAKER CHANGES]Representative Larry Hall, please state your purpose. [SPEAKER CHANGES]To speak a second time on the resolution. [SPEAKER CHANGES]The gentleman is recognized to debate the resolution a second time. [SPEAKER CHANGES] Thank you, Mr. Speaker. And again, as I said in my previous comments, were Mr. Allen nominated to serve as supporting business interests in North Carolina, he might would fit that bill although he still would not be
Provide the ability to resolve controversies by rendering impartial and well reasons decisions but the idea of him changing his values from being a candidate to say he will have different values serving on the industrial commission, I think you have to take him at his word either then or now and he made representations when he was a candidate which I would hope that you would fill out candidate questionnaires truthfully or at least put a disclaimer at the end that say well I don't really believe this I just want the endorsement and if it comes up later on don't use it against me or you mean what you say now, I'm not sure but there certainly inconsistent and that being the case I'm not sure what that means toward his service on the industrial commission, again my concern is integrity of the industrial commission, and the rights of workers as well as businesses being impartially adjudicated before them, and for the citizens of North Carolina to have confidence in the rulings that they hand down. Thank you. [Speaker Changes] Representative Turner please state your purpose. [Speaker Changes] To debate the resolution [Speaker Changes] The lady has recognized to debate the resolution [Speaker Changes] Just like to give a little personal information, Charlton Allen is from Auerdell County and he is an attorney. Had many experiences with him and when I was serving his Clark of Superior Court when he was named Guardian at lightem to represent incompetent, alleged incompetent persons and he always served in that capacity fairly and with integrity and represented their interest well, that kind of doesn't add up to what is being said today but I find him as man of integrity and able to represent the interest well. Thank you. [Speaker Changes] Further discussion, further debate. If not, the question before the house is the passage of house joint resolution eleven twelve on its second reading. All in favor vote I, All it pays to note, the clerk will open the vote. The clerk machine will record the vote. Seventy eight having voted affirmative, thirty nine in the negative. House joint resolution eleven twelve has passed its second reading without objection. [Speaker Changes] Objection [Speaker Changes] Objection having being raised the bill remains on the calender. Ladies and gentlemen the chair would like to extend a courtesies of the gallery to Mr. Charlton Allen. Charlton please stand and let us welcome you. [Speaker Changes] *Clapping* [Speaker Changes] Representative Moore please state your purpose. [Speaker Changes] Motion [Speaker Changes] Gentlemen has recognized to state his motion [Speaker Changes] [??] the rules so that third reading on said resolution, house joint resolution. Eleven, Twelve may be considered. [Speaker Changes] The motion having be made by Representative Moore doing [second??] by Representative Berv. The motion is to suspend the rules. Representative Larry Haul please state your purpose. [Speaker Changes] For the purpose of this one vote. [Speaker Changes] Larry, Representative Larry Haul please state your purpose. [Speaker Changes] Speak on the motions to suspend the rules [Speaker Changes] The gentleman's recognized to debate the motion. [Speaker Changes] Thank you Mr. Speaker and the question of suspending the rules coming up in this session again after we set the record for cutting off debate and suspending the rules during the last session I would hope that we would not suspend the rules the first time there is any disagreement between the parties. On this tight vote. Clearly this vote would come up in a normal course of business tomorrow, we will be here and give an opportunity for people to consider and confer overnight so I'd ask that you vote against this motion to suspend the rules. [Speaker Changes] President Amoore please state your purpose. [Speaker Changes] Good to debate the motion. [Speaker Changes] The gentleman's recognized to debate the motion a second time. [Speaker Changes] Mr. Speaker, members, based upon the vote difference, I think the ultimate outcome of the bill was quite obvious, and I would point out that this. We had the long weekend and the Memorial Day Holiday and to keep this bill on track with the other confirmation which was sent over by special messenger it really needs to go in tandem to fit with the schedule that the house and Senate have developed to try to move these matters forward and I would ask the members to move forward with suspending the rules and certainly if anyone wants to debate the resolution any further today they certainly can but I would ask that we go ahead and move that forward, it's a matter of trying to keep the train on the tracks. [Speaker Changes] Further discussion, further debate..
Speaker, I had an interesting afternoon Saturday. I attended the 100th anniversary of a business in Mecklenburg County, the Alexander funeral home. Kelly Alexander and his brother Alfred are the fourth generation to provide service for the community in Mecklenburg County. And I think one of the longest lived, if that would be an appropriate home, funeral home in the south east. And I wanted to congratulate him on that and thank him for the gift of the water bottle. [SPEAKER CHANGES] Representative Larry Hall please state your purpose. [SPEAKER CHANGES] For an announcement [SPEAKER CHANGES] The gentleman is recognized for an announcement [SPEAKER CHANGES] Thank you Mr. Speaker. Democratic caucus will caucus tomorrow. Please watch your email for the timing on that as well as other meetings. Thank you. [SPEAKER CHANGES] Representative Hager, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Thank you Mr. Speaker. Public Utilities ?? will meet 15 minutes after session in room 643 to take up senate bill 786. [SPEAKER CHANGES] Representative Murry, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman has recognized and members, please stay in the chamber, we will have another vote. I have been advised by the clerk. I’ll explain in a moment. The gentleman is recognized for an announcement. [SPEAKER CHANGES] I wanted to make sure that everybody was aware that the North Carolina biotechnology organization has a reception this evening as well to help celebrate the investment and economic development opportunities that we have in our state for the biotechnology industry. Hope you’ll make it. [SPEAKER CHANGES] Representative Martin, please state your purpose. [SPEAKER CHANGES] I’d like to be recorded as voting Aye on the motion to suspend the rules [SPEAKER CHANGES] The lady, rather than being recorded as voting Aye because that would technically change the outcome. We’re going to need to dispose of the matter. The appropriate order, the first order will be a motion from Representative Moore on the house resolution 1112. [SPEAKER CHANGES] Mr. Speaker, having voted on the prevailing ?? May be we re-consider on the third reading of the House joint resolution 1112, I believe is the number. [SPEAKER CHANGES] Ladies and Gentlemen, let me explain. I have been advised by the clerk that the vote count was appropriate to be 79 on the motion to reconsider, not 78. Therefore, in order to do this properly, we’re going to reverse the vote so that we can then vote on it properly. This would essentially put the house joint resolution 1112 back on the calendar. Then there will be a subsequent motion to reconsider the suspension of the rules. Further discussion, further debate. If not, the question before the house is the motion to reconsider the vote on house joint resolution 1112. All in favor, vote Aye. All oppose, vote No. The clerk would open the vote. The clerk [xx] machine will record the vote. 81 having voted in affirmative and 32 in the negative. The motion passes. Representative Moore, please state your purpose. [SPEAKER CHANGES] Let the house be in recess for 5 minutes, Mr. Speaker. [SPEAKER CHANGES] The house be in recess until 05:27. The house come to order. And Ladies and Gentlemen, I’m technically ahead of the 05:27 reconvening. But, it is the opinion of the chair that it is not worth your time tonight. We will take this matter up tomorrow as per the rules. Further Notices and announcements. As soon as Representative Moore is back to his desk, he will be recognized. [SPEAKER CHANGES] Mr. Speaker, I move that, subject to receiving messages from the senate, receiving committee reports, proceeds of conference reports, briefs of a dozen resolutions, appointment of ?? and modifications to the counter that the house do now adjourn to reconvene on Wednesday, May 28th, 3’o clock PM. [SPEAKER CHANGES] Announcement [SPEAKER CHANGES] That motion will be held for a moment. Representative Howard, please state your purpose. [SPEAKER CHANGES] To make an announcement please. [SPEAKER CHANGES] The lady is recognized to make an announcement.
Members of the house finance will meet 9AM in 544. The agenda has not been established yet. [SPEAKER CHANGE] Representative Tim Moore moves, seconded by Representative Larry Hall, that the house would now adjourn subject to messages from the senate, receipt of committee reports, conference reports, re-referral of bills and resolutions, appointment of conferees, and modifications to the calendar to reconvene on Tuesday, May 28 at 3PM. All in favor say aye. All opposed no. The ayes have it, the house stands adjourned.