Speaker changes:order members will take their sets visitors will retire from the chamber Sergent ?? close the door members and all visitors are asked to be silent all electronic devices today's members ?? all members and all guest in the gallery are asked to please stand for the prayer and remain standing for the pledge of religions Speaker changes:thank you Mr speaker oh guardian of life and liberty may i state as nation always need your protection tech us ?? keep our eye open to wonder the creation and to ?? the care of earth ?? my we also honor for those who have died in the defense of idols my the given with justice and compassion help us ?? my our home will be safe from fiction and ?? and upset it always let us say always Speaker changes:pledge of religions to the flag of united state of America and to the ?? indivisible which liberty and justice for god Speaker changes:the gentlemen from ?? is recognized for a motion Speaker changes:Thank you Mr speaker Speaker changes:?? Speaker changes:Representative ?? all in favor say aye all oppose no the aye is have it the general is approved as written ?? we are glad to have us here this afternoon members we have as social guest with us today in the gallery we have schools group ?? north Carolina ?? if you all please stand so we could welcome you paper on my ?? your representative is Representative Elmore ?? he's your Representative,members of the house come to order house come to order Menes the chit is going to built up resolutions ?? in the interest of time i understand the item my be standing ceremony assisting the house bill 20 passes we re moving into the calender senate bill 20 the clerk will read Speaker changes:the president of the senate to speak up the house of representatives have to resolve the difference between the senate and house of representative on senate bill 20 ?? to internal revenue code ?? federal ?? to modify the mode of tax rate ?? 2014 2015 physical year ?? conferees for the senate senate orthodox ?? general assembly of north Carolina annex Speaker changes:the chair i again do one thing we have a serious of committee reports member's and it papers that some of these bill should be added to today's calender so what we are gonna do is red that in
A semolina nose and indicate if there's any objection omitting added that while we're at taking the senate bills awaiting so was his first five letters as mandela's and the De Lorean recognizes in for the committee would love a parade was in vail doesn't buy the own miniature reform committee has moved to Oregon to streamline season 2087, refer to finance bills redefined he often as custom to 50 sons Newman, (SPEKER CHANGES)Britain for reforms they will commence a string of several revisions to resume on settled out of committee says the calendar is if Jackson this building attitude of a scout again that I was going to read the form wizard action than just there will come back to them by telling them to be determined later as today's calendar revenues and a media-Isis and forth to the report of a late Mrs. Brian Mcneill education community college to the report has been one and a trustee appointments isothermal community college several subcommittees of students enroll receiving an original bill unveiled a new committee says UK undeserved action in this building on a scouting not so where do they stay on as the one in revenues and an as-as in front of the revival of late Mrs. (SPEAKER CHANGES) Video and lost wages and returned from your opponent has been to 6 to 4 community colleges for three people and 87 we refer to appropriations bills are finding committee on appropriations has been to seven for retirement and versions at 2015. The Federal permits us to the seven original vision and seven other committee says Judy honors ejection of this event began as hostile to 74 with an entity complexions and his team is injection of this building attitude of a standard bean and some of the building Jonathan today as his wife as he decided that matters as the men and Johnson and masses in for the committee that would have made this is an unlawful and Johnson education tax return to the report has been 358 school performance brings carol five gallons of begin this is as below 358 school performance great skill is injections of this bill being edited a standard announce until the effort is down but his manly say tasting smart accessory seven recognize and forth from the reply to cooperate as it is always saying (SPEAKER CHANGES) he's too smart and sections of the finance committee report central fanciers, one as it sells several Shanahan his ejection this build this is the intent of asset bill is the suggestion of this building attitude of a scouting an uncertain as to three aviator, local option sales tax several careers of students in a region of the original bill unveiled another, the zesty gallon is any objection to this building this is as though 388 get any local option sales tax and cheered as believe that this may be time since the Madison guaranty a need is a recession of this building attitude of a standard in a cellar sub-was one of the Johnson hands agencies and the someone other than a scout are disease and western headend will come at a citizens' action is not limit and a citizen of the stick me too as a home for the devotee of that and have been a title seven of height, weight and as sized bananas and as is recognized to the United Nations to have measured without a compass assisted evacuated some of the house that one of the business side, Thomas of Indian society says in the bill as an example of the back of a judge is not at the Savannah and as members to give him an invitation is as john has authority to the demise of my concerns they may have been given the state over the life of calling the possibility to have before you go........
—several things. And since a lot of the conversation was on the conforming changes to the Internal Revenue Code, I wanted to spend just a minute talking about that. Then I wanna spend a little bit of time talking about the transportation part of this Bill. The conforming changes to the IRC that's in this Bill are the changes that passed out of the Revenue Law Study Commission after extensive review. I'll also point out to you that these changes are the exact same changes that have been in effect since 2013. I have the utmost respect— We're all sent up here by the 80,000 people that we represent to make the decisions that they want us to make. Many of you who voted No yesterday, voted No two years ago on the IRC conformity part. I respect that. I just want you to know that, for all intents and purposes, it's not a new law. So what you voted No on was, in fact, a two hundred and fifty dollar [$250] tax credit for schooteachers that we are conforming to, which helps schoolteachers buy— just helps offset some of the supplies that we all know they have to buy. So, just to be clear, the IRC part of this Bill— some folks say that it's the Senate version— the truth is, it's the Revenue Laws version that passed down, and it's largely the same law that's been in place since 2013, except it's been improved with the Teacher Tax Credit. So, for those of you who had valid concerns—and I heard your concerns yesterday, and I respect your concerns—and if you wanna file a bill to have those concerns considered, I'd certainly welcome the opportunity. I don't chair Finance, but I believe the Chairs of Finance would welcome the opportunity to have that discussed. But for the purpose of today, for passing this Conference Report, we need to understand that this is the Revenue Laws Report, largely, with a $250 tax credit in it, other than that it's the same law we've had since 2013. The next part of the Bill has to do with building, repairing, repaving safe roads and safe bridges. We've had a lot of debate on this Floor, and it wasn't a great deal of dissension or objection to that part yesterday, but I thought we ought to talk about that too. We have to understand that the current way that the gas tax is calculated is decades old. When the Bill was passed, I was in high school. It's based on a internationally traded volatile commodity that make the predictability that we need to be able to plan roads and bridges just about impossible to maintain. So what this Bill does, is it recognizes that that formula that may have been the best we could come up with twenty years ago—or twenty five years ago. I've been out of high school a long time—may not be the best that we can do today. What it does, is it says: The current gas tax is thirty seven-point-five cents [37.5¢] per gallon, that benefit each and every constituent that we serve because that's what paves the roads in their district, in our districts, in our hometowns, in our communities— This is what funds the Powell Bill money that was discussed yesterday which gives your municipalities the ability to build some of the roads, do some of the repairs that they deem important. This is what we need to make sure that the projections that we've made for the next few years are largely able to come true. So, just to go through the Bill real quick: The current gas tax is 37.5¢. This Bill, once it's signed will make the gas tax thirty six-cent [36¢]. 36¢ is less than 37.5. But it is more, let me concede that, than what the price or the tax may have been if the formula that we've relied on, that I've already talked to you about as being flawed was, in fact, left in place. What's at risk? What's at risk? Four hundred million dollars [$400,000,000] to our communities for safe roads and bridges if we don't change this formula. So what this does, it goes from 37.5¢ down to 36¢ with the understanding that there are Members in this Chamber, from both sides of the aisle—or all three sides of the aisle, 'cause I think Representative Tine is involved too— [laughing] There are Members in this Chamber, and there are Members across the way who are committed to finding a longterm solution to funding our roads and bridges. But we're not there yet. But the— What's the incentive? The incentive is if we don't get it done—
If we don’t get it done, then on January 1st of next year, it’s going to
fall from 36 in a gallon to 35 That’s 50 million. That’s going to hurt
each and every one of us in our districts. The roads our people drive on
the roads, our people depend on. And you know what? If we still don’t
get it fixed, in July of 2016, it’s going to fall again to 34 cents.
That’s another 50 million. Math’s easy when you can do 59 million, but
it’s more important to me to talk about the eight million dollars it
means to Harnett county, and I’m not going to waste the tree, But I can
pass out to you, and I’ve done before, what it means to each and every
one of your counties that we preserve and establish a stable fund to
provide for the road maintenance and the safety projects that we need
done. If, after July of next year, we still haven’t worked this out,, it
will adopt the formula that is based on our population growth, because
that’s a big factor that’s driving the demands on our roads. We’re
blessed in this state to have a growing population. And we need to be
able to provide for that, it creates a weighted formula which factors in
the population, and it also uses the CPI index for energy. Members, this
bill’s important. We saw what the vote was yesterday. We need to provide
the stability that this bill provides to make sure that we can meet our
obligations to keep safe roads and safe bridges and that our communities
can have the funding they need for the infrastructure projects that they
have. This bill, this conference report is important. Is it perfect? No.
Are there other things in here or not in here that many members that did
vote yes would’ve like to see? Yep, that’s true too. But this big is
what we have before us. This bill’s what we need to pass today, and this
bill’s what I urge you on behalf of the citizens of Harnett County,
which stands to lose eight million dollars, for roads that they
desperately need, to vote green on this bill. Thank you Mr. Speaker.
I can't make the payments. I'm willing to work with you. Tell me what to do. They say, "well try to sell the house. Find a short sale and if we can we'll approve it." So I do that and I try to make everything the right way and do it the right way and I sell the house and they agree to sell the house for $50,000 instead of $150,000 that I paid for it. What this bill, this conference report now says is that $100,000 in debt that was forgiven, that will be taxable under state income tax laws. It will not be federally taxable but it will taxable at the state. So you have two situations, somebody who's made $500,000, they pay no tax, somebody who has made nothing but just had a paper debt erased, they'll owe a state income tax, $100,000. I guess that's probably what, $7,000 at 7%. Another problem with this is that foreclosure, if you go through the bankruptcy process, that is a dis-chargeable debt. You would be able to go to bankruptcy court and discharge that and get a fresh start. You can't do that on an income tax debt. Those are not dis-chargeable in bankruptcy. So what this is going to do, this provision of this conference report, is going to require people to fight the foreclosure and make the bank and the attorneys go through the entire process and make them do the foreclosure and then file bankruptcy. Also they can avoid paying taxes on this $100,000, which again, they never got in their pocket. [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] For what purpose does the gentleman from Mecklenburg, Representative [??] [SPEAKER CHANGES] I wonder if the gentleman from Wake would yield for a question. [SPEAKER CHANGES] Does the gentleman from Wake yield to the gentleman from Mecklenburg? [SPEAKER CHANGES] Yes sir, I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Representative Jackson, you have made a strong case for this provision. Did you vote for it when it was on the floor before? [SPEAKER CHANGES] Mr. Speaker. [SPEAKER CHANGES] The gentleman has the floor to answer the question. [SPEAKER CHANGES] I voted against the original House version of this bill, this provision was taken out I believe in committee before it came to the House floor. [SPEAKER CHANGES] I'd liek to ask the gentleman a second question. [SPEAKER CHANGES] Does the gentleman from Wake yield to a second question from the gentleman from Mecklenburg. [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Does the gentleman not realize that had we had a strong bipartisan support for this bill in conference committee we could have defended that position that the House had taken rather than losing it in the conference process? [SPEAKER CHANGES] Mr. Speaker, I was not involved in the conference process. I believe this bill left this chamber with much more bipartisan support than it got yesterday because the conference report did add back in this provision. I think you had many democrats vote for it originally but since you took that provision out some of the democrats have seen fit to change their mind and vote against the bill. Mr. Speaker, if I could continue. [SPEAKER CHANGES] The gentleman has the floor. [SPEAKER CHANGES] So if someone wants to stand up and tell me on the floor why someone who makes a half million dollars on their house shouldn't pay any income tax but someone who loses $100,000 on their house should, I'm all ears. I'd love to hear that. I'd love to have that debate but with that provision in this bill I just don't see supporting it. I think Representative Alexander said it great yesterday when he talked about stomping a man when he was down or kicking a man when he's down. But why you would give someone who's then lucky with their real estate purchase a tax preference and then punish someone who's not been so lucky or who's had misfortune int heir life, I just can' understand. This bill is really simple. We could vote it down today, send it back to conference, the Senate could take out this one provision, we could have it back on the floor tomorrow and we could have a gas tax decrease by Friday instead of Wednesday. It's 1.5 cents difference I think it's going to make by passing this bill, making it [??]. Most economists that I know that I read don't even think we'll notice the price difference of the penny and a half decrease. I don't think making it effective Friday as opposed to Wednesday will make a big deal. I do think this is a very unfair provision. I tried to think last night, in my six years of serving in this chamber have I ever seen such an unfair provision and maybe I have, maybe I voted for one, I don' know but I just can't see it. I can't see why we're going to give a beneficial tax preference to someone who makes a half million dollars and kick someone who lost their house.
I’d ask you to vote against the bill.
Speaker changes:in honor of the grand son Adam of fourth generation NASCAR driver who died in an racing accident on my 12th 2000 in wheres victory junction ?? chronic illness and serious medical conditions and no issues to the children or their family ?? and the many years he has spent as a true ambassador for the sport of start car racing and north Carolina ?? Richard paddy continues to reign s king having ?? the most post 123 ties of the most championship seven and most wins in s season 27 ?? the most consecutive wins 10 ?? the most starts 1185 and therefore Richard paddy deserves recognition and appreciation his contribution to the motor sports industry his community and north Carolina ?? on 31st day of march 2015 ?? Speaker changes:for what purpose does the lady from Randolf Representative ?? raise Speaker changes:for a moment of personal privilege the lady is resigned to speak up for a moment of personal privilege Speaker changes:Thank you Mr speaker ?? teaming to Randolf county i men to ?? for our state he still ?? live in the level cross and he recently lost wonderful wife Linda who was very big part of Randolf county too who served on Board of education for sixteen years also ?? and the main thing he told me was to be among the people now your constituency with them visiting and let them talk to you ?? and that's what i have done you my also have know that i have picture in my office he call the ?? rocket it didn't last too long i think ? the king of NASCAR which he now is well known ll over the wall of America Richard and his family re well know know for Richard paddy museum ?? for children birth of these have tremendous effect in Randolf county ?? if you have never been there you can come and visit the champ for children that you can visit the other time we welcome the comments we have many volunteers we govern and help with the comments he also signs that signing NASCAR ?? and he is always very willing to ?? everyone's autograph which autograph they want to share the autograph ?? as continue to serve our residence and thank you for all our ?? for what purpose does the gentlemen from Randolf ?? Speaker changes:for a moment of personal privilege the gentlemen is recognized for a moment of personal privilege Speaker changes:thank you Representative ?? you have not heard it for couple of miles he would be in my district because he comes awful close but anyway Richard welcome to the North Carolina house you have all heard bout Richard paddy the driver ?? NASCAR champions 200 wins seven they turn up to 500
—twenty seven races in one year, ten of them consecutively. The most accomplished driver in NASCAR history, 127 polls, 700 top ten finishes, 1184 starts— and I could go on. Let's talk a little bit about Richard Petty, the car owner, today. He currently fields three cars, Sprint Cup No. 43. driven by Aric Almirola; Sprint Cup No. 9, driven by Sam Hornish, Jr.; and Xfinity No. 43, driven by Dakoda Armstrong. I don't think anybody mentioned today Richard Petty, the actor. He was featured in 2011, in a show, 'Modern Hot Rods', he appeared in the movie 'Swingvote', and the Disney Pixar movie, 'Cars', as the voice of 'the King' who drove the Petty Blue Tint No. 43. His wife, Linda, also was the voice of 'the King's wife' who was portrayed by a 1976 Chrysler Town and Country wagon. In 1990, he appeared in the Tom Cruise movie, 'Days of Thunder'; in 1982, with Burt Reynolds, the movie 'Stroker Ace'; in 1972, the movie, 'The Richard Petty Story'; and in 1989, the movie, 'Speed Zone'. Richard Petty was a county commissioner from 1979 to 1995. I was promoted in Randolph County to Chief Deputy in 1990. Part of my duties as Chief Deputy was to present the budget to the commissioners. So I had to appear before Mr. Petty and the other commissioners several times begging for money. I'm sure you're not used to that— are you, Richard? [laughing] But anyway— I have to honestly say that Richard was always a great advocate for the sheriff's office and law enforcement in Randolph County, and always as generous to us in the sheriff's office as he could be, based on the money that they had to work with. You've already heard about the Hall of Fames that Richard Petty's in, there's several of those. Last year, Randolph County Commissioners designated the exterior of the original site of the Petty Enterprises, which was built in 1949, including the A-Frame Reaper Shed, the original shop and engine rooms, built from 1951 to '64, and the exterior of the Toomes-Petty homeplace, 1925, where Richard and his brother Maurice were born. I'll just go on to say just a little bit, you've already heard about the Victory Junction Gang Camp. Richard Petty is a champion, not only being a champion driver, he's a champion for special needs children and I know that they can handle 128 for each camp and over all fifty states and six foreign countries have actually been represented in the children that have come to that camp. And finally, Richard Petty the man, married to Linda Owens, and together they had four children, Kyle, Sharon, Lisa, and Rebecca, which I think they're all with him today. And he's a grandfather and great-grandfather. Richard, again: Thank You! Honored to be able to speak today, and it's an honor for you to be here, it's an honor for me to live in Randolph County. Thank you. [SPEAKER CHANGES to Speaker] For what purpose does the gentleman from Mecklenburg, Representative Jeter, rise? [SPEAKER CHANGES to Representative Jeter] For a point of personal privilege. [SPEAKER CHANGES to Speaker] The gentleman is recognized to speak to a moment of personal privilege. [SPEAKER CHANGES to Representative Jeter] I'm hidden under here so you can't see me. I didn't write anything down, 'cause I don't, but I wanted to talk about the Richard Petty that meant so much to my family as a redneck in South Carolina. Good ol' country boys that we were, and so many families—city - urban - rural—in both Carolinas. 'Cause my daddy and I's first relationship was built in 1984. Daytona 500, or I think it might've been the Pepsi Race, a summer race, July 4th. It was the summer race at Daytona, when he won his 200th victory, you could see President Reagan's plane coming in. And that's a memory that I have of my father. That I built that relationship with my father over RIchard Petty. And the thing I think about when I think of the Petty family is there's no more North Carolina story. We talk about American stories. This is a man whose father arguably was the greatest—
Shiner a man who is a second Sunday in ram his mother was one of the stage and others around will be an all ages one of signs and assigned eyeball this trend Sunday and all it was north carolina's binds and this man is what makes us proud to be in this building what the cell are used everything is right about this country he's everything is right about this game and everything that many people like me build relationships with our fathers that many we win at other ones Sunday and a lot of dying for a lot people who live race cars but mine and I had that memory because EU and that means more to me that the regime ever want an unmatched in a one millions across this country thinks the same time so thank you sir , whatever says the java from Rockingham represented john Friesz from an impressive annex the Johns racquet estates among the first approach thank you (SPEAKER CHANGES) Mr. Speaker of the disguise the body of a Sunday that the senses Randolph County I have letters in Randolph County but the difference in too many to Randolph County business a success in the mid and late stages allowed a move in on that is as bad as community and outside us someone who has the end of my lights family and paper that son of a dossier on enough for more than 25 years I have never heard in the dining at the highest praise and while an Appalachian suns major ad that person in this family of the eighties many people achieve greatness resonated as a name and offer the greatest says that he's done via mascarpone for his achievements we also know that many people receive a new fonts and then not necessarily less than a community's when I see the size of the people decide where they came from the age of 18 as they came from the stands there but this one is standing side is someone who's been smiling bout with family and friends in a community he is seven Lovelace community and I'm I'm just, great for that opportunity to stand up and say some items. (SPEAKER CHANGES) For whatever says Jonathan lake and represents a Morass states the solutions figure the job as a force majeure mall and personal attacks the state are right out of my grandfather motive of some kind of said is wrong time as for me and my local working hours and the monarchy and admire and all was passion of course it was awesome invention about Richard petty Lyle said the veteran about him of art and putting them on what human bowling and in the same as at any level of two man at noon Katella courtesan can't talk about ways a massive ad that was a hobby band was the son of an item of them passed on from an event of an 80-line about charter so when I was 5678 years old they'll either of them failed the highly recruited a staff of the word as likely to get deleted a handy if it did on a limb and loss, and as if a member from eight, we talk about his days as a sanity and as a cast doubt on the Monday was a tense Kelly and the date of Los Banos and a study of more than we did a loss for richer than an item like none of my life is is from the north section of the NT and ask always been only several of the mother of his time to sit to concord's time for fervent time zones to mandate and Leon incisive Israel faces Van Asch van and suggested as the business-as-as an associate of the Batman of cases and it didn't matter that even today as much as a mascot as I am an unending on Sundays after Nelson ackerman's unless the measure would authorize a decent amount of sunlight Manhattan factor when someone to amass them from running a gallon Richard petty is a man is a manager tool as he somebody that Montana, should the band has been knows.....
—someone speaking earlier mentioned the movie, "Cars'. So I've got a six-year-old son. Many of you know Jackson, he's been here. And 'Cars' was his first big movie. And like his dad, and like my uncle, we're competitive and we like racing, we race in a different way now, we run in politics— But racing's fun. We like the competition. But he fell in love with that movie, 'Cars'. And I had the best time explaining to him one day who that character, that animated character, 'the King', was named after. And so he's now a Richard Petty fan. And right as I got— when I came to the House, I had a chance one afternoon— I spent an afternoon with Richard Petty, and the man is exactly what everyone has talked about. He is a winner in every aspect of his life. He doesn't forget where he came from. He is kind to all people, and he's an inspiration to us all. North Carolina needs more winners like Richard Petty. Sir, we cannot thank you enough for your service, for your inspiration to all of us, and to my family, you will always be The King. Thank you, Mr. Speaker. [SPEAKER CHANGES to Speaker] Members, on the— For what purpose does the gentleman from Catawba, Representative Adams, rise? [SPEAKER CHANGES to Representative Adams] Well, for a little bit of a different slant on things. [SPEAKER CHANGES to Speaker] The gentleman is recognized to speak to a moment of personal privilege. [SPEAKER CHANGES to Representative Adams] Back in the late seventies and early eighties, I had the privilege of being a racing photographer. And I got to go to Indianapolis, and I got to photograph Formula One races, and going to the Formula One garages, and I got to see all the high rollers. But also photograph NASCAR races. And I wanna tell you something: There's a big difference between NASCAR and those other forms of racing. One thing is, these people enjoy each other's company. And they enjoyed what they were doing. And it was like a huge family. And they are one of us. That was the neat thing about being around these guys: they laughed, they joked. When they had a problem they all pitched in and helped each other out. It wasn't like they were there for themselves. They were all there together. And Richard has been a big part of that. And I gotta say: He, along with several others, really set the tone. And I think we oughtta take not of that. We're all together, folks. And they have set the example. And I just wish him well, and thank him for what he's been to our state. Thank you. [SPEAKER CHANGES to Speaker] Members, on the motion of Representative Johnson of Caberras County, Representatives Hurley and McNeill of Randolph County, and, frankly, of all Members of the House, the Chair is happy to extend the courtesies of the Gallery to the Petty Family, who I'll introduce by name: Richard Petty, Brian Moffett, Rebecca Moffett, Kyle Petty, Sharon Farlough, and Morgan Costano. If you all would please stand so we could welcome you today. Thank you for being with us. [applause] And the Chair will just observe also, that it's been— It was really nice to see Mr. Petty today around the building and notice how he interacted with a lot of the children who were here at the building and talked to them freely, gave out— gave autographs and spent a lot of time with them, and I think that's a testament to the character of this great man, and thank you to this great family. We appreciate your service and, again, thank you for being with us today. You honor us with your presence. Also, in the same vein, we do wanna recognize our former House member who is up there in the Gallery with the Petty family and that's our own Karen Ray, who's a former member of the House. Karen, glad to have you hear with us today also. [applause] Additionally, we have a couple of other recognitions in the gallery. On behalf of Representative Hamilton of New Hanover and Brunswick Counties, the Chair is happy to extend the courtesies of the Gallery to Mr. Galen Elser and Ms. Cherie Davis, who are visiting from the Youngstown, Ohio area— and they came here to get away from the snow. Glad we had good weather for you. If you all could please stand so that we could welcome you. [applause] On behalf of Representatives Pittman and Ford and Johnson, the Chair is also happy to extend the courtesies of the Gallery to the Barn Bums 4H Horse Club, and their leader, Dina Bost, and with them is Tre—
AC Drive, Vice Chair of the Cabarrus County GOP, if you all would please stand so that we could welcome you as well. And on motion of Representatives Adams and Setzer of Catawba County, the Chair is happy to extend the courtesies of the gallery to Laurie and Tom Powell, and their son, Burt. Burt is the inspiration behind House Bill 355 and Senate Bill 445, Burt's Law, a bill that is filed to protect group home residents from abuse. If you all would please stand so that we could welcome you with us today. And last but certainly not least, we have an additional school group in the gallery with us. We have a school group from Park Ridge Christian School in Stanly County. If you all would please so that we could welcome you. Thank you. Your representative is Representative Burr, who is standing right here, waving to you. He's your member. Now we'll return back to Senate Bill 20. I believe before we broke away from Senate Bill 20, I saw Representative Luebke's light. For what purpose does the gentleman from Durham, Representative Luebke, rise? [SPEAKER CHANGES] To speak on the conference report. [SPEAKER CHANGES] The gentleman has the floor to debate the conference report. [SPEAKER CHANGES] Thank you, Mr. Speaker, and members of the House. As was noted, we did not speak very much last night about the gas tax. And I am struck, listening to the whole debate, that there is no reference to the gas tax increase that will occur as a consequence of this bill. There will be, and the consumers of North Carolina need to know this, that on July 1, the gas tax will be, in rounded terms, the gas tax on July 1 will be six cents higher because of this bill. The consumers of this state, again, will be paying six cents more on the gallon than they would without this bill. And it's just important to recognize that that's what the bill does, and I'm struck by the fact that no one wants to acknowledge that, those who advocate for the bill. This matters because people need the money in their pockets. And not to acknowledge it, not to say to people in your district, you are going to be paying six cents more a gallon for gas, seems to be not the right thing to do. I think everybody should know that, it's very clear from the bill, it goes down on April 1, in the bill, to 36 cents, but what everyone also should know is that on July 1, without this bill, the gas tax would drop to 29.6 cents, which I'm rounding to 30 cents. So six cents more than it otherwise would be. I think it's important to recognize that, and I urge everyone to tell your constituents about it, whether you vote yes or no on the conference report. Thank you. [SPEAKER CHANGES] Mr. Speaker? [SPEAKER CHANGES] For what purpose does the gentleman from Nash rise? [SPEAKER CHANGES] To see if Representative Luebke would yield for a question. [SPEAKER CHANGES] Does the gentleman from Durham yield to the gentleman from Nash? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Representative Luebke, I guess what you're saying now is you've become a champion of tax reform and of lowering taxes? Is that correct? Is that what I'm hearing? [SPEAKER CHANGES] Representative Collins, I'm telling it like it is. You can interpret it as you wish. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Does the gentleman yield to an additional question? [SPEAKER CHANGES] I'll yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Then I'm assuming that you voted for our sales tax relief that we had a couple years ago, where we lowered the sales tax by 20% in North Carolina? [SPEAKER CHANGES] Representative Collins, it's really the point that you make is the point. That when people do something for what they think is a good cause, they ought to call it what it is, and advocate for it for the substance, but acknowledge that it's a tax increase. That's all I'm saying. [SPEAKER CHANGES] One final? [SPEAKER CHANGES] Does the gentleman yield to a third question? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] It is true then that although it will be a tax--it will be paying more of a tax than would have been paid otherwise should we not do this for the six months of July 1 to January 1, we don't know what effect it'll have after January 1. It may be an increase, it may be a decrease, it may be a sideways, but the only thing we know for sure is that the tax will continue to go down as long as we don't do something about it. Is that correct? [SPEAKER CHANGES] No sir, the tax will not continue to go down. The tax will be, would be, without this bill, without this conference report, the tax would be, rounded, 30 cents a gallon. And that's why I'm speaking as I am. [SPEAKER CHANGES] Final follow up. [SPEAKER CHANGES] Does the gentleman
It is a sign says questions and comments and Betty three shares of all is only certain from dual outsourced to December 31 after January 1 of next year we don't lose sight of sales as big as those who found his direct path to December 1, (SPEAKER CHANGES) the situation cinemas and Matisse, gas as a family men and 6¢ higher for whatever says the java from bottom represent our eyes to see, covers for the job as the four today to Congress for bridges to speak their thinking of the house when is this possible for us several weeks ago ,(SPEAKER CHANGES) spoke too many members here since I saw the importance of stabilizing her gas tax and finding them much tied into structure progress bar state needs unfortunately where I think we have before us is not as what I was able to so strongly in vocally supported the four now for the past few years we have made changes to regulations and taxes , and many of them I was not here to vote for or against reconcile you I've seen the costs of getting a college education to walk we seem to wish an increase (SPEAKER CHANGES) in as a business owner from the based as the java for minor as revision about, what is constantly shifting with 720, spoke at the end of an ms survey of one of the event of the China as the agents about a key measure are slated to the Contra support of the AVI into contention comment on the u.s. 's students seeking to your tuition deduction provision of him as for continued a major said (SPEAKER CHANGES) the changes to tuition and schools increase their fees we also make changes to the 529 plants that adoptions associated with those we have made it's more difficult for the people of North Carolina to get a college education in this bill is making its just for our winning this adoption were making it harder for families to send their kids to college and to get a very education and we know they need to compete in today's marketplace now my county bought the county we need bridges and roads and we look as the four of whom I did some great information to show me how important ideas but as the case in my district 80° in the businesses in my district they needed educated workforce and we are putting this out of reach of both so I would ask you to vote no on this copper support because I think that we can find better ways to find a parking structure without hurting people's abilities to get an education and to get a job they consider whatever says the (SPEAKER CHANGES)Jonathan cook of the Rivers and address whatever says the Johnstown man, version of Xerox jihad of a demotion general has organized $300,000,000 was just a consistent until blarney dollars Na seal is now the only U.S. vitality life as dumb the battle is called Gatos only by trachsel to get into body by all the more the patent leaders met $100,000,000 a year tax their own 15 passing bills and I now live in this chamber today he got a lot of money or you'll see and not exceed on a sponsor desert park and sign a one day there are things that we know that we can always done a lot of ideas that this mail their son and I like about this bill number-one-mile wide-ranging as the school's site because we're not making sure we're not undercut the letter may not hear from notes on at his bill the house this bill is important this MM single one of the relations of this bill has been parked on a windy working by Campbell body sometimes using where we're at our energies for .......
this bill. [SPEAKER CHANGES] For what purpose does the gentleman from Mecklenburg, Representative Brawley, rise? [SPEAKER CHANGES] To debate the bill. [SPEAKER CHANGES] The gentleman has the floor to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Yesterday, I attended an education conference, and Representative Glazier was there and speaking, and he made a comment. He said education should be a nonpartisan issue, and I said preach it, brother! Preach it! Which is a somewhat evangelical response, and he was in very good spirits, took that, though we are of different covenants. And it was an important point to make, because we had another issue which we approached in a nonpartisan manner, and that became Strategic Transportation Investments law. For those of you that were here in 2013, we sent that bill out of here with 95 votes. And when the Senate would start to load it up, I was over, working on the bill, and I would say I had 95 votes, don't mess with this bill. Send me a clean bill back, you got a clean bill with strong support. And while they messed with it a little bit, they sent back a bill that we could accept and concur, rather than have to go to conference. That is what power this body has when we come together. We're not doing it quite as well on this one. And we sent a bill over with some IRC updates that we liked. Now let's talk for a moment about Internal Revenue Code. What happens is, we start with your 1040 form, and in 2013, we concurred and we trued up. There were changes for 2014 that were passed late. We have not addressed those. The IRC bill specifically says to which we concur and to which don't, but if we do nothing, we don't concur to anything. Now I wasn't really going to tell the Senate this, because I was hoping they wouldn't realize it, but during the conference process, they came and said you realize if we do nothing on our IRC update we get everything we want, except the teachers' deduction for classroom supplies. That was their position. So we could hold at least the teachers' deduction for classroom supplies in the conference report. And so we chose to do that. Now remember, both the drafting and filing deadlines for Finance and Appropriation bills have not yet passed, and because the IRC update would be an affirmative act to say we will couple on mortgage forgiveness or the other factors, we can still do that. Now, some of these have been presented in ways that, well, the mortgage thing, we beat that to death. But there were two others that we discussed. One of them was the tuition deduction. Now this is going to get arcane. There are two ways you can take credit, if you will, for college expenses. One is a federal tax credit, the other is a federal tax deduction. Almost everyone takes the federal tax credit because it directly reduces their federal income tax and gives them the most money. Because of the way we handle the federal return, if you take the federal tax credit, you get no tuition deduction of any kind in North Carolina. If you take the federal tax deduction, you got the deduction in North Carolina, but it meant that we treated North Carolina taxpayers situated the same differently, depending on an election they made outside their state return. That is why we decoupled. People take the federal credit, get the most money, don't worry about us because we don't give you a credit. The other thing we talked about was a change in the way charitable deductions are handled for people seventy-and-a-half who make contributions from an IRA. What it allows them to do is just transfer the money directly from their IRA with no tax consequences. Absent this bill, you take tax credit or you take taxable income from your IRA on which you pay taxes, and then you deduct the entire
—or amount of your contribution from your Federal Income Tax. It works out close but it's not as clean. What people prefer to do is be able to take direct distributions from the IRA, because they can then transfer property without having to sell it. There are some arcane reasons, it's not a major issue. Having said that, the Finance Committee is still open for business and we can hear bills on all of these, individual bills for each one. So then we move to the Gas Tax. The Gas Tax today is thirty-seven-and-a-half-cents [37.5¢], it could well be less than that on July 1. And a lot of people say: Gosh, let's just do it! We can take credit for a big tax cut! We can go out and we can cut! Now, the city of Charlotte, which is the largest suburb of my hometown, Matthews— [laughing] —has a Powell Bill loss, if this cut comes, of four million dollars [$4,000,000]. And the DOT Budget for repair in Mecklenburg County—a significant amount of which would be in the city of Charlotte—will be thirty seven million dollars [$37,000,000]. That's a lot of money. And that is going to be a huge bump in the property tax rate for the city of Charlotte, which will be their source of the money to replace the Powell Bill money and the maintenance money that we will not be spending on those roads. And I would submit to you, since nobody driving through North Carolina pays property tax while they will pay gas tax. And people who drive seldom will have as bad a hit on their property tax as people who, like me, drive a lot, it is more reasonable for us to reduce the amount of the decrease in the Gas Tax as a stopgap measure until we do what we did in 2013— and I have faith we will. We will come together and fix this problem so for the next twenty years we can fight about things where our ideological difference are more important, and we don't worry about people having wrecks on bad roads. So I'm asking your support for this bill, understanding that all the things about which we'd like to debate will still be available for us, and I look forward for the debate in Committee. Quite candidly, we passed all of those changes to the IRC Update Bill with considerable votes. The problem was not in this Chamber, it was in the Senate. So let's have that fight, in a separate Bill, let's go ahead and address this today so that our cities and our small towns will not look at us and say: You were willing to throw us under the bus and vote against our transportation money and vote to require us to raise our property taxes to handle things that should be managed at the state level. Mr. Speaker, I hope that many folks will join me in voting Green. [SPEAKER CHANGES to Speaker] For what purpose does the gentleman from Cumberland, Representative Lucas, rise? [SPEAKER CHANGES to Representative Lucas] To debate the Conference Report. [SPEAKER CHANGES to Speaker] The gentleman has the floor to debate the Conference Report. [SPEAKER CHANGES to Representative Lucas] Thank you, Mr. Speaker. I sat very attentively as we bantered back and forth about the merits of the Conference Report. I would submit to you that it reminds me of the American Thomas Payne: 'These are the times that try men's souls.' I don't know of anybody in this group, in this Body, who does not want to fix the items that are contained in this Conference Report. Specifically, roads and bridges and other good things in this Conference Report. In fact, we've already voted on these. Overwhelmingly, we've passed it and sent it over to the Senate. When the Conference Report has come back to us, there are some items that tend to be contentious; indeed, perhaps even egregious, as it relates to the specific Section pointed out by Representative Jackson. I think that bothers all of us. I think we all are searching for—
A solution and hopefully we can collectively file and if the solution that's for the best in the best interest, noncitizens that's all we hear unedited knowing that is a possibility a possible to outlook is even a probability that because that's all these items in separate legislation as (SPEAKER CHANGES) I know if I guarantee unless held on that date that can be the the citizens of this great state of counting on us to solve these problems they can stick whatever says the Jonathan Demme version of an rise to speak only covers the job has afforded a tougher for making this a state and the magazines and when we talk about a vision is we transmitted the memo was sent back to the senate must remember a son of a onus of them as we were only seven is landed in soma said that sun and pasted on the week preceding the Ventura old grandson of slaves in U.S. and different ideas and we have noted that this point out of business goals and argued Tuesday,(SPEAKER CHANGES) we take you back in the nominal and 80 Glennallen you can adjust some of those legitimate issues you talk about the tournament of the limo conference as another to say that possibly later on its own later date we can address those issues involved, would you want me to make this a better deal made in the middle age and it still is subject to the senate's decision because of the legislation we have to send them again and ask him again and many of you know the history of this officer for now-based tax increase on these of killing his watch, less and less and less to me and the Semitic comments we always get to this point, so will we can come back in the business end of the daily and to make this state and is still time to address what we know we'll be fine of one of them in jail now they will have this discussion this is never a problem we decide to have tax breaks for those who'd be the least this question on the console getting ready to take the most from those who have the least and this only have a question me say we'll come back and prevent them as a way to women and even tax increase and every time later only about 11 take a week that the bill and send its address it in with Seikaly can't think of the banking and headed inland sopranos and then (SPEAKER CHANGES) we'll say one has time but it was motivated now delineated ways this tax on these working north Carolinians and their families and sold a couple ago we stop and say this to the right thing at the right time this challenge a sales to demonize right wing of the changes to this bill was sent to the senate, Senator Lott members over to the goal should we tell them what the right thing to do worlds and yet we're back in a game with other people left alone struggling to the very last campaign did get some point will treat them was some respect and represent of the constituents and it is still without a sales in this position again I continued to have faith did not growing numbers of this house wanted some point see their way, the digest is from north Carolinians will say you made clear to not increase this tax on the gas big enough to win so dismally after having used just to make it back and forth every day the government but they do something you can do little so close a justice delayed is justice denied what we know that as a year if we have a right on the right thing the first time we might have the ability of the common is unless it has to stop now we can do better when of the offices as well as........
—this is not the only way to fund the repairs that are needed. I keep hearing about the money that's going to be lost. These are excuses we make when we fail to address what we know is the right thing to do. And we come up with a number of them, every time. But there's always more time, there's always another way. But at the end of Session, there's always something left undone. I'd ask that you not approve this Conference Report; let's go back and do what we came down here to do. Represent all the citizens of North Carolina, and give those with the least a chance, at least, to eke out a living in North Carolina, and have a fair shot to make it to the North Carolina dream. North Carolina's open for business. I hope it's not just open for business for a select few citizens. Again, I'd ask that you send it back, that we come up with a fix now, that we not raise this gas tax, and that we give all North Carolinians a fair shake this time around. Thank you. [SPEAKER CHANGES to Speaker] For what purpose does the gentleman from Haywood, Representative Queen, rise? [SPEAKER CHANGES to Representative Queen] To speak on the Conference Report. [SPEAKER CHANGES to Speaker] The gentleman has the floor to debate the motion. [SPEAKER CHANGES to Representative Queen] Thank you. It appears that this is a bit of a bait-and-switch. We're gonna lower taxes on gas for three months, by a penny and a half [1½¢]. Then we're gonna raise it, for the next six months, by six-point-four cents [6.4¢]. Then we're gonna see what the formula looks like then, which will most likely be raising more than that on our citizens. That's what we're doing on this gas portion of this Conference Report. Now, why do we need to do this? This is my contention. I just want to say clearly to you: We're raising taxes on our working families that don't have an option to drive back and forth to work. Nine cents [9¢] of this thirty seven-five [37-5] equivalent is for general fund purposes. If we would put that back into the Highway Trust Fund [laughing][Get my trust funds right] —The Highway Trust Fund, we would have three cents [3¢] more than we have in there now! to cover the very needs we want. To cover the Powell Bill Match, and then some. [SPEAKER CHANGES to Representative Jeter] —Mr. Speaker— [SPEAKER CHANGES to Representative Queen] We would be positive on that— [SPEAKER CHANGES to Speaker] To see if my good friend from Haywood would yield to a question. [SPEAKER CHANGES to Speaker] Does the gentleman from Haywood yield to the gentleman from Mecklenburg? [SPEAKER CHANGES to Representative Queen] Yes. [SPEAKER CHANGES to Speaker] He yields. [SPEAKER CHANGES to Representative Jeter] Nine cents [9¢] times fifty million is four hundred and fifty million, correct? [pause] It gets to a point, just go with me. [SPEAKER CHANGES to Representative Queen] Yeah, okay. Something like that. [SPEAKER CHANGES to Representative Jeter] Ah— follow up. [SPEAKER CHANGES to Speaker] Does the gentleman from Haywood yield to an additional question? [SPEAKER CHANGES to Representative Queen] Yes. [SPEAKER CHANGES to Speaker] He yields. [SPEAKER CHANGES to Representative Jeter] So your argument is that four hundred and fifty million dollars [$450,000,000] of Highway Trust Fund is transferred into the General Fund. [SPEAKER CHANGES to Representative Queen] It's five cents [5¢] and about two hundred— yeah, that's right. Similar to that, yes. It's taxes— it's the gas tax. The 37-5 gas tax. Approximately nine cents [9¢] of it is being used for general purposes. The highway patrol and five cents [5¢] straightaway. And that's about nine cents [9¢]. [SPEAKER CHANGES to Representative Jeter] —Ah, ah— Mr. Speaker— [SPEAKER CHANGES to Speaker] For what purpose does the gentleman from Mecklenburg, Representative Jeter, rise? [SPEAKER CHANGES to Representative Jeter] I'm trying to educate myself on math and was wondering if the gentleman would help me some more. [SPEAKER CHANGES to Speaker] Will the gentleman— It appears that the gentleman from Mecklenburg is wishing to ask the gentleman from Haywood another question. Does the gentleman from Haywood yield? [SPEAKER CHANGES to Representative Queen] Absolutely. [SPEAKER CHANGES to Speaker] He yields. [SPEAKER CHANGES to Representative Jeter] As I understand the premise, nine cents [9¢] is four hundred and fifty million dollars [$450,000,000]. The Highway Patrol is, roughly, a hundred and ninety six million [$196,000,000] which, I can make a tangible argument, which I'm gonna make, is a legitimate purpose of our road system. Would you agree that the Highway Patrol maintaining the safety of our road system is a legitimate purpose of that system? [SPEAKER CHANGES to Representative Queen] I would contend that it is a public safety thing and could be done in the general fund. So— that's my point. And if we send this nine cents [9¢] to the general fund, raising the taxes on the drivers of North Carolina, what are we doing with the money when we get it to the general fund? We're raising taxes on the drivers, and we're cutting taxes for the wealthiest out of the general funds. So we're paying for tax cuts out of the general fund with tax hikes in the gas tax. And that's my objection to this Bill. This— Conference Report. [SPEAKER CHANGES to Speaker] For what purpose does the gen—
[SPEAKER CHANGES] Gentleman from Wake, Representative Pendleton rise? [SPEAKER CHANGES] To speak on the subject. [SPEAKER CHANGES] The gentleman is recognized to debate the conference report. [SPEAKER CHANGES] I wasn't going to say anything until Representative Hall stood up, but I thought everybody should know there are a number of people that voted the same way he voted earlier, and we were talked into changing our minds. We were promised that there would be immediate effort to get this problem fixed. This is just one big ole band-aid, it doesn't fix anything. And, so I'm assuming they didn't give a date to do it, but when we come back for the short session, if it's not fixed I'm going to be one disappointed person, because it needs to be fixed. And part of that can be lowering the gas tax, and in the interim, it hurts to know the average citizen's going to have to pay more than they would have paid if we'd have just left things the way they were, so I'm counting on them to come back between now and the short session and fix this problem and not leave it as a big ole band-aid. Thank you. [SPEAKER CHANGES] For what purpose does the gentleman from Wake, Representative Dollar rise? [SPEAKER CHANGES] To speak on the conference report. [SPEAKER CHANGES] The gentleman has the floor to debate the conference report. [SPEAKER CHANGES] Members I'm surprised at some of the math that I'm hearing from the other side of the aisle. I mean on the one hand, the gentleman back here seems to say that he wants to transfer obligations into the general fund. So does that mean he wants to cut out education money? That he wants to cut out health and human services money? I mean that's roughly $250 million. Or is he advocating raising more taxes or raising more revenue in the general fund? The fact of the matter is, this bill provides for a steady reduction in the gas tax in stages. A cut now, an additional cut to 35 cents, an additional cut to that, to 34 cents, as we are working on additional measures down the road, as have been mentioned here on this floor, to fix the long-term problem of, of the needs of our roads and highways and infrastructure. This is a responsible bill, and I've heard nothing from the other side that's truly responsible. I've heard some rhetoric, I've heard some unrealistic movements of money that people know is not realistic. This is a responsible bill to a issue that is currently facing us and it's time to vote responsibly for the conference report and those who have additional ideas with respect to raising funds and revenues, for our roads and highways, we look forward to examining those bills when they come forward. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the motion to adopt the conference report to Senate Bill 20 on its third reading. So many in favoring the motion will vote aye, those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the votes, 79 having voted in the affirmative and 39 in the negative, the conference report for Senate Bill 20 is adopted. The Senate will be so notified. House Bill 70 the clerk will read. [SPEAKER CHANGES] Representatives Bishop and Bradford, House Bill 70, a bill to be entitled An Act to Amend the Law Establishing Charlotte Firefighters' Retirement System. General Assembly of North Carolina enacts. [SPEAKER CHANGES] For what purpose does the gentleman from Mecklenburg, Representative Bishop rise? [SPEAKER CHANGES] Thank you Mr. Speaker, to speak to the bill. [SPEAKER CHANGES] The gentleman has the floor to debate the bill. [SPEAKER CHANGES] Representative Bradford and I sponsored this item on-at the request of the city of Charlotte to make modifications to the Charlotte Firefighters' Retirement System to conform it to certain technical requirements of federal law. It makes changes to certain provisions concerning participants, performing qualified military service, to roll over provisions, and to the exclusion for health benefits from
[SPEAKER CHANGES] Reportable income under certain circumstances. The matter, I've been told that in bills like this is, less is more, and, so the matter passed the Pensions and Retirement Committee unanimously. I'm glad to answer any questions about it and to elaborate if there are any. I urge support for it. I will say one other thing Mr. Speaker, and that is that after the committee report, the city discovered two glitches in the language requiring further changes, so I'd also at this time like to send forth an amendment which I file with the clerk. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Bishop moves to amend the bill on page three, line 50, by rewriting the lines to read. [SPEAKER CHANGES] The gentleman has the floor to debate the amendment. [SPEAKER CHANGES] I think the amendment's self-explanatory Mr. Speaker. To change to a gender-specific term in one instance and made a code reference in another and again, I'd ask suppoort for the amendment. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not the question before the House is the adoption of Amendment 1 sent forth by Representative Bishop. So many in favor of the amendment will vote aye, those opposed will vote no. The clerk will open the vote. Representative Cotham, does the lady wish to record on this amendment? The clerk will lock the machine and record the vote. 118 having voted in the affirmative and none in the negative. The amendment is adopted. Now back on the bill, further discussion, further debate. If not the question before the House is the passage of the House Committee Substitute to House Bill 70 on its second reading. So many favoring passage of the bill will vote aye, those opposed will vote no. The clerk will open the vote. Representative Floyd, does the gentleman wish to record? The clerk will lock the machine and record the vote. 118 having voted in the affirmative and none in the negative. The House Committee Substitute to House Bill 70 passes its second reading, and will without objection be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of the House Committee Substitute to House Bill 70 on its third reading. So many favoring passage will say aye, those opposed will say no. The ayes have it. House Committee Substitute to House Bill 70 passes its third reading. The amendment is ordered in-grossed. The bill will be sent to the Senate. House Bill 110 the clerk will read. [SPEAKER CHANGES] Representative West, House Bill 110, a bill to be entitled An Act to Provide for the Partisan Election of the Members of the Cherokee and Rutherford Counties Board of Education. General Assembly of North Carolina enacts. [SPEAKER CHANGES] The gentleman from Cherokee, Representative West, is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker, members of the House. What this bill does, it would allow Cherokee County and Rutherford County to have partisan elections for the school board. I would appreciate your support. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of the House Committee Substitute to House Bill 110 on its second reading. So many favoring passage of the bill will vote aye, those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 187 having voted in the affirmative and 31 in the negative. Houe Committee Substitute to House Bill 110 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the quesion before the House is the passage of the House Committe Substitute to House Bill 110 on its third reading. So many favoring passage of the bill will say aye, those opposed will say no. The ayes have it, and House Committee Substitute to House Bill 110 passes its third reading and will be sent to the Senate. House Bill 111, the clerk will read. Before the clerk calls it, the chair wants to note that there is another school group, I think from the same school, from Park Ridge Christian School in Stanley County. If you all would please stand, the others that just came in. Glad to have you hear today. The clerk will read. [SPEAKER CHANGES] Representative Burr, House Bill 111, a bill to be entitled An Act to Allow the Recall of Members of the Stanley County Board of Education, Geeral Assembly of North Carolina enacts. [SPEAKER CHANGES] The gentleman from Stanley, Representative Burr, is recognized to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. As you mentioned there's a school group in the audience today and that is a school group I'll point out of a local private Christian school, which has been around for a long time in Stanley County and I hope continues to grow, and quite frankly I imagine
If a system known as a man CVD grow even faster than they could otherwise the house while an end today and running this on behalf of the began as teachers and students in a community that have asked for another option , we have a school board that was elected nine least campaigned on setting down, (SPEAKER CHANGES) I schools closing five schools as an accountant but now that they yet have the word six of the seven seas they're trying to move for we do in and of his asking for NAZI engage in other ways to see the table again to be hard time they've attempted to express their opinion about, and if concerned about these closures at meetings we've had over 500 individual cell of citizen show up in the last few school board meetings and they've been limited in terms of bonsai those in speaking for no more than 3 minutes apiece for the school board since it started as the reason people my community service is simply getting an option announcing a time as though they don't see give a county data thinking 2011 stay with his bill that you love than giving people as an account of the ability to come up with a petition 15% of the registered voters in accounting at 5800 signatures were they can request to recall of one or more members of the school board and in his eyes that addition Mirer CD at 5800 signatures ever y day and I have that done in his they were recalled of individuals would be yet remains inside or so there's obviously a process even as a savior and when they distrust the county disease and nonetheless chapel hill back of the city's council also has a disability along with the number of municipalities across the state is being that I would answer your sport that you take the classes mistake I do have an amendment on the night is still not like to see for the Johns recognizes in four th in a memo to cooperate prison term as chairman of the old trees to plasterers reasons for the front-row slacks and sent to follow the Jonathan Stanley has afford to explain the minute they suspected as a man is simply a + he is a member of the solo tonight is recalled under this provision that I and filling a vacancy would be yet I've done by the buyout board of county commissioners in state and county in a given that ability that addresses of a number of his sons could easily as the majority school board were the recall or if you only have 5213 era colony and the other members disappointed someone back and employees that tentative agreement setting down schools it is his ability to have a third party make a decision in a certain county commissions of all fonts I would * four geneticists who likes to do the the members receive about the manners is on the bill,(SPEAKER CHANGES) bill gets fed is casting for the debate on the amendment is not a question for the masses the adoption of the men once and for direction of our as a favor the minute with another's eyes of the 9:00 wife and I o'clock a lot and she recorded and 81 having voted in the sun and 36 in the navy man is adopted when of that, bill from upper says the Johnson, one resume blazer as Stephen Gillespie john as before they don't think your muscles speaker and none of them as knowing anything about was happening in Stanley County so I don't speak to any particular issues stemming county and in recognize that is bad news on the representative from Stanley counties of prerogative to do that because of the opposition to the recall bill for just a number of procedural reasons , where we have week long this country and Wisconsin senate races from years ago, (SPEAKER CHANGES)the monk California comes to mind is really turn out well , there are a rare occasions in which promotes some have members who are from completely at odds and have violated the roast and there are procedures in which to remove them assess the case we have procedures obviously over several years with its 246 depending on boards of two from some people on some elected capacity is a public disagrees but I think we opened, intent on his represent those indicated on one of two of the board's top pandora's box by opening.......
recall petitions and recall capacity. Every time we disagree, in our particular communities, there are plenty of things that I may disagree with my city council or county commissioners or school board on, but I don't believe that the answer is to set up recall petitions. And I'm particularly attuned to that on school boards. Because school boards deal with the two things that create the biggest emotions for us in our lives: our children and our money. And in many respects, sometimes have to do it in awfully difficult circumstances. Redistricting comes to mind. If a school board would be recalled every time a community disagreed with a redistricting decision, who would ever want to run for school boards? Because almost nobody agrees with redistricting decisions. They are tough, awfully difficult decisions to make, and particularly confounded by a lack of capacity, sometimes from their commissioners, or from us, or from the federal government on resources to make other decisions. I am worried a lot that by passing a bill on school board recall, we open the gates to say to any community, when you disagree with your school board, that's okay, go to your legislator, they'll pass a recall petition. And then the community, and I recognize it would be a community, a number of folks who have to come together, but it's a distinct minority of folks that have to come together. And whether it is redistricting or it is budget decisions, there has to be some capacity for stability. And there has to be some capacity, I think, for there to be a process where the elections matter, and not subject to recall when a distinct minority in a community become upset. And I see that and I've sort of felt that in my community during redistricting times, I know it's happened in Wake, I know it's happened other places, and I just don't think that recall is the answer. So with due respect, it has nothing to do with what's happening in Stanly County, but it has everything to do with what I think is the wrong answer to a problem that may exist, and I think one that we will come to regret considerably, as will local officials and as will people who want to get the best people in local office, and they are not going to serve if they're subject to recall petitions every time the community disagrees with them. Thank you, Mr. Speaker. [SPEAKER CHANGES] For what purpose does the lady from Wake, Representative Gill, rise? [SPEAKER CHANGES] To ask the speaker a question. [SPEAKER CHANGES] This Speaker, or the bill sponsor? [SPEAKER CHANGES] I'm sorry, the bill sponsor. [SPEAKER CHANGES] Okay. Does the gentleman from Stanly yield to the lady from Wake? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] I want to ask a question about the funding of the recall. I think your bill states that their costs will be reimbursed by the school administration, administrative unit. I'd just like to know why would you ask the school administrative unit to pay for something that they did not request. [SPEAKER CHANGES] It is typical, when you have an election that falls outside of a normal general election, that whatever governing body is holding the election, that they pay that cost, the expense is paid by them. It's the same case for municipalities that hold elections as well. [SPEAKER CHANGES] For what purpose does the gentleman from Cabarrus, Representative Pittman, rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman has the floor to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. While I live in Cabarrus County, I actually pastor a church in Stanly County, in Representative Burr's district. And I know a couple years back, people had been up at arms over the closing of a school that's just like right across the highway from the church that I pastor. Where the schools close down, the building is in excellent shape at the time, it may be deteriorating now, but was in excellent shape and the kids were sent over to a school that was in such bad shape that they were already discussing tearing it down, or closing it down, I mean, excuse me. And the people were really up at arms in the area about this sort of thing happening, and from what the folks in my church and the community are telling me, you talk to the school board, you might as well be talking to the wall. And so this is an extreme situation that, yeah, you wait to next election, or that sort of thing, but how many more are they going to close down, how many more bad decisions like this are they going to make that are adversely affecting the people in that community? And so I support this bill. Thank you. [SPEAKER CHANGES] For what purpose does the lady from Buncombe, Representative Fisher, rise? [SPEAKER CHANGES] To briefly debate the bill, Mr. Speaker. [SPEAKER CHANGES] The lady has the floor to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen, I rise in opposition to this bill for a number of reasons, not the least of which is that I agree with my colleague, Representative Glazier, about how it will diminish the
And his arrest as some regularity everyday people in sending nine school boards and other boards for that matter time and money management science can't stand the idea that D have local administrative dean unit will have two Canada costs at this recall election when we leave my family as a Palestinian bounties educating our young children sell tiny cannot tell on the adding extra benefits than its TV alley and final answer many did not ask for a on behalf of private citizens panel of Annie and need a planned community that has released a colossus kids interested in running for Alexander cries and if the air and will be weak Ahl that if it makes that effort sell IR said (SPEAKER CHANGES) he will join me in a passing this bill thinking for whatever says (SPEAKER CHANGES) the Jonathan Stanley represent about Ross visited a hillside about the job as a Florida native EL second, the mistaken about a dozen other this is insensitive that my constituents added bonus is back on the board is the date that inmates in a date is a lot of that model of others that are they taking might even as the lax in a November 26 teams on the Spanish children with the death of school and tight years they will have to take slowly shut down five schools in this case, was elected in November 26 annual have to spend hundreds of thousands if not millions to reopen those schools costing substantially more bandwidth, hold a recall election this year and would respect to this (SPEAKER CHANGES) but isn't that amazing and talk about cost based in $25,000 this year to replace of a look at the school was shut down four years ago that is still over 1,000,000 of ozone so did not made a wise and that's been our tax dollars to date about educate our children services given the parents of my community a way to have it was his heart and a man's for you to vote for this bill and give them that ability were not the columns school board members were simply getting the people the voters of stamina county the ability to do that and have it was a Serb not ask you to vote for the deal that the fed is destined for the debate gets not a question for the house is the passage of the House Committee says to douse the 111 on a second reading so many favorite passage of the numbers of his lead medical evidence , like a machine record than 71 having been in use, and 43 in the native House Committee says Steve house bill 111 passes a second reading in Willamette objection to read XXX, tools and more confidence vote is cast in front of ATF not a question for the house's passage of house bill 111 as the reading some 85 and passage of the bill say (SPEAKER CHANGES)I was business as has enhanced 11 passes as the dream will be sent to the movie grosses it was a man and will be sent to the senate for whatever says the Johnson Brothers and that is it any less for motion of a job as a destination big mistake of Matsumoto retailer house bill 188 for two more footage of the state until file a new satellite is an estate trustee of one incisive enemy got a seven-jobless rate is a man of action and is a massive and how to some of the seventh editions of the flop, says the lady from autism senate is the loss at Tennessee record isn't no vote on the house bill one can blame him for a setting that it now has: 10 for purposes of Johnson pay would represent a cleaner as for the sender's name to be the crowning moment in the general the report is anybody know as the one 10th of a job with the DC and occurs again have another elementary school must not eliminate from raise the review at least as if we can not only has about ½ as an incentive for eight resented her ouster was wearing a bit of internment of action for assimilation rumors of Stanley, borders Coach Johnson, a.......
the gentleman from Stanly, Representative Burr, has the floor to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. I think the title pretty much says it all and this is identical to the bill Representative West ran earlier. It's simply making the School Board of Stanly County a partisan school board and I would ask for your vote. [SPEAKER CHANGES] Further discussion, further debate. For what purpose does the gentleman from Durham, Representative Luebke, rise? [SPEAKER CHANGES] To see if Representative Burr would yield for a question. [SPEAKER CHANGES] Does the gentleman from Stanly yield to the gentleman from Durham? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Representative Burr, you said it simply changes things from non-partisan to partisan and my question is what's the benefit of doing that? What about all the unaffiliated citizens out there who might want to run and don't see themselves as either democrat or republican? [SPEAKER CHANGES] They can go through the same process that other individuals, including Representative Jones and others, have gone through to run for state house our county commissioner or any other. This bill, quite frankly, simply changing the election method in Stanly County back to the way it was before the general assembly made it non-partisan back int he 60's. So we're going back to the way that it was for a longer period of time than it had been since the democratic controlled General Assembly, before they changed in in the 60's. [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] Does the gentleman from Stanly yield to an additional question from the gentleman from Durham? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Are you aware that the fastest growing group by far in our state is unaffiliated voters? [SPEAKER CHANGES] Sure. [SPEAKER CHANGES] I guess I'll speak on the bill. [SPEAKER CHANGES] The gentleman from Durham has the floor to debate the bill. [SPEAKER CHANGES] Members, I just can't see the point of this. Why are we turning something like the school board into partisan democrat vs. republican? There are many, many citizens who are unaffiliated who would like to run. There are many, many, citizens who would say this is not about democrat vs. republican, this is about our children, this is about our public schools. To me, it's just moving very much in the wrong direction to make school boards partisan. They really ought to be open to all citizens and not to have to go through the many steps which Representative Jones, to his credit, did to get himself elected. But really, if we had to maintain what we have, the non-partisan system, any citizen, regardless of party affiliation or no affiliation can easily go down to file for office. Please vote against this bill. Thank you. [SPEAKER CHANGES] For what purpose does the gentleman from Cumberlnad, Representative Glazier, rise? [SPEAKER CHANGES] Speak briefly on the bill, Mr. Speaker. [SPEAKER CHANGES] The gentleman has the floor to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Just on comment, I am reminded of my good friend, Representative Brawley's quote a few minutes ago on Senate Bill 20 of a good friend of his, education ought not be a partisan process. [SPEAKER CHANGES] Further discussion, further debate? If not, 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 bill. [SPEAKER CHANGES] Just because the offices are partisan offices doesn't make education a partisan issue. I don't understand it. Every democrat that runs, even in a non-partisan election, goes to the democrat party headquarters and garners support. Every republican that runs goes to the republican meetings and party and everything to get republican support. So let's not pretend that these really are non-partisan offices. Let's just put them back the way their supposed to be. They run as partisans. They say I believe in this or I don't believe in that and so it lets people know where they stand. You do realize, I hope, everybody here, the gentleman that just spoke about the unaffiliateds, I hope you realize that every unaffiliated that goes to vote is going to vote either for a republican or a democrat when he goes to vote. Thank you. [SPEAKER CHANGES] For what purpose does the gentleman from Guilford, Representative Johnson, rise? [SPEAKER CHANGES] I just wanted to ask the bill sponsor a question. [SPEAKER CHANGES] Does the gentleman from Stanly yield to the gentleman from Guilford. [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] I just wanted to make sure I heard this right. You said you wanted to go back to the 60's, you said something about the 60's, I might have been asleep but you said something regarding this is how it was done in the 60's. I could have swore I heard you say that. [SPEAKER CHANGES] Yes, sir. What I'm saying is that up until the late 60's, I believe there were
was legislation in 69 and then in 71 where they made changes to, where the state made statewide changes to how school boards were elected, the election methods, and we are simply going back to having a partisan election, which is what we had before that. I believe in the 60's it was changed to push more of them to move towards a non-partisan and then hold the election in the primary to give one party an advantage over the other in the elections. So this, in my opinion, is simply righting something that was done to give a party an advantage over another and this way we're both on a level playing field again and, as Representative Speciale mentioned, everybody knows where you stand when you're running for a partisan office and it makes it a little bit easier for them to have an idea of who they want to vote for. [SPEAKER CHANGES] Do you know how things were back in the 60's? [SPEAKER CHANGES] Does the gentleman wish to ask a second question. [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] And does the gentleman from Stanly yield for a second question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] Do you remember how things were back in the 60's? [SPEAKER CHANGES] Hopefully, I haven't been here long enough for me to appear old enough to have been around in the 60's, I wasn't alive them. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] For what purpose does the lady from Mecklenburg, Representative Carney, rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The lady has the floor to debate the bill. [SPEAKER CHANGES] Well I wasn't going to say anything because I usually don't speak on these local bills but I had to rise and say, when one of the speakers referred to people always run for a non-partisan race, a school board race, and then go to the democrat party and lobby them or if you're a republican go to the republican party and lobby them. Well, when I ran for school board, my first race, and I'm grateful that I lost by the way, it's a tough, tough position to serve in for those of you who have, I commend you. But when I was campaigning, at large in Mecklenburg County, I went everywhere. I went to the republican party's events, I was invited. I went to the democrat party's events, I was invited. I was a newcomer in Charlotte and nobody really ever knew whether I was a democrat or a republican. In fact, when I lost that race, the democrat party started coming, found out I was a registered democrat and went, "Wait, wait, run for County Commission,' and I did and I won. So at one of our County Commission meetings, and there's a point here, most people, when you're in a non-partisan race, unless they go digging to find out who you are, what you're registered as, at one of our County Commission meetings, and our public hearing, just people come and make comments for three minutes, there was a woman that came and she was with, she was a republican and she stood up there and chastised me for something that I had voted on the week before and said, "You fooled all of us, you came to the republican party and made us think you were a republican. So people, they don't really pay attention in non-partisan. They pay more attention in a partisan race. [SPEAKER CHANGES] For what purpose does the gentleman from Harnett, Representative Lewis, rise? [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] The gentleman may state his motion. [SPEAKER CHANGES] Mr. Speaker, I move the previous question. [SPEAKER CHANGES] The gentleman from Harnett has moved the previous question to House Bill 112. So many favoring the motion for previous question will vote aye, those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 76 having voted in the affirmative and 41 in the negative. The previous question is adopted. This being a final question it will be put to the body. The majority and the minority leaders are allowed three minutes, if they would like, to debate this local bill. Seeing no lights, the question before the house is the passage of House Bill 112 on its second reading. So many in favor of the bill will vote aye, those opposed will vote no, the clerk will open the vote. The clerk will lock the machine and record the vote, 75 having voted in the affirmative and 42 in the negative. House Bill 112 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the passage of House Bill 112 on its third reading. Those in favor will say aye, those opposed will say no. The aye's have it. House Bill 112 passes its third reading and will be sent to the Senate. House Bill 189, the clerk will read. [SPEAKER CHANGES]
Speaker Changes:Representative Jones ?? house bill 189 bill to be ?? and provide for referendum to reduce the size of ?? board of eduction over four years for eleven members to seven by are joying the electric districts to reduce the number of districts six to four so the four members are elected by the district by reducing the number of members elected from large to ?? after three to change the board of election to partition and to clarify their vacancies to the ?? Speaker Changes:what what purpose does the gentlemen from ?? Representative Jones rise Speaker Changes:to debate the bill Speaker Changes:the gentlemen has the floor to debate the bill Speaker Changes:thank you ladies and gentlemen the house this is a local bill and it is supported by the entire ?? county delegation Representative ?? Speaker Changes:there ?? from eleven members to seven ?? there are 5 school systems in this state ?? out half them has only five ?? the state that has the largest school board in the states we have been hearing for years that this has been concern folks i do wanna say that it is also supported by committee members and it is also supported by some school board we have ten candidates at forum for school board last election and nine of them say they favor it ?? this also comes bout after years of discussion with folks among them being the schools intended ?? other leaders an the community and gin i would like to emphasis this is referendum and i would say that general assembly has every right in authority to do this out of referendum ?? the second section in the score board would make a partition yes we open up that debate ?? and we have talked bout in the sections committee i just want to say this the min thing is i have to say is we have eighteen candidates on the score board which i have to say it i dont say that it is best interest in a democratic republic to go forth in general election so many candidates that are learned in the general ballot that person can be related with very small percentage of the vote ?? I'm still waiting for the bill to come out make our election not partition with some of the things i have herd but i do think that the political parties have some role and i think that one of those thing i the primary and allow us no to have candidates more than any other candidates in the ballot in the yer that were lot of items on the ballot i do wanna say that is also i think it is a myth suggest that people are more partition because they run in the partition election ?? or other so called ?? when you ran for partition race i think we are kidding ourselves i few are suggesting that people out there don't ?? for some people for some offices like score board they are not looking so much for party affiliation but some might be and for those ?? i would suggest to you if your argument is correct then people an the scoreboard that are not affiliated with the political party perhaps with the bad things ?? some of the thing sis trying to withhold the information by but i see no problem in making the election partition section 3 would clarify the appointment of vacancies and issue that is created visions with the committee and the scoreboard we have vacancies position for quite sometime it simply turn out shall into my with members of the scoreboard ?? see perhaps put onto the board the commissioners my choose one of those candidates
—but they don't have to. I think that's a better way of doing things. When we have a vacancy here in the General Assembly, it's not filled by the other members of the General Assembly. When our commissioners have a vacancy, it's not filled by the other members of the commissioners, and I believe the same should be for the School Board. So, Mr. Speaker, I'd be happy to answer any questions, but I would appreciate your vote for this local Bill. [SPEAKER CHANGES to Speaker] For what purpose does the gentleman from Scotland, Representative Pierce, rise? [SPEAKER CHANGES to Representative Pierce] To ask the member a question. [SPEAKER CHANGES to Speaker] Does the gentleman from Rockingham yield to the gentleman from Scotland? [SPEAKER CHANGES to Representative from Rockingham] Yes, sir. [SPEAKER CHANGES to Representative Pierce] Thank you, Representative. Just want to ask a question: What is the breakdown now of the people on the Board, as it relates to Republicans and Democrats? Could you share that with me? [SPEAKER CHANGES to Representative from Rockingham] Thank you for asking that question. We did cover in the Elections Committee. There are eleven members on the School Board, three of those members are minorities, two of the minorities are elected at large. To go into a little bit more detail, since you asked: By going from eleven members to seven, we also would go from six districts to four. One of the current six districts is a district where— We do not have any majority minority districts, because in Rockingham County it's not possible to do that. However, one of those districts is more favorable towards electing a minority. Under the new system, one of the four districts would also be more favorable towards a minority. But I would again say that there are three minorities on the Board, two of those are elected at large, those are people that run countywide. [SPEAKER CHANGES to Representative Pierce] Follow up. [SPEAKER CHANGES to Speaker] Does the gentleman from Rockingham yield to a second question? [SPEAKER CHANGES to Representative from Rockingham] Yes, sir. [SPEAKER CHANGES to Speaker] He yields. [SPEAKER CHANGES to Representative Pierce] Did— The ones presently serving, did they have any buy-in with this decision? They were School Board members, has this been discussed with the School Board members on the proposed legislation that you have before us this afternoon? [SPEAKER CHANGES to Representative from Rockingham] Some of the School Board members have actively told me that they supported it. Some have come forward recently and said that they opposed it. We have some School Board members that are pretty new, that were just elected. I have not individually polled all eleven members of the School Board. Now, some people may have a problem with that, but as I said in Committee: We're not sent down here to represent simply the members of the School Board. Now, I have talked for a long time with the School Superintendent, with the Chairman of the Board, and I have had conversations with some School Board members. I have not had a conversation with every one, but I perfectly understand, and as I said earlier: Some of the School Board members are not in favor of this, but some are. [SPEAKER CHANGES to Representative Pierce] One final follow up. [SPEAKER CHANGES to Speaker] Does the gentleman from Rockingham yield to a third question? [SPEAKER CHANGES to Representative from Rockingham] I yield. [SPEAKER CHANGES to Speaker] He yields. [SPEAKER CHANGES to Representative Pierce] The citizens of your district— Are they pleased with this decision that you're proposing today on the Floor? The citizens. [SPEAKER CHANGES to Representative from Rockingham] The citizens? [SPEAKER CHANGES to Representative Pierce] The voters. Yes, sir. Excuse me. [SPEAKER CHANGES to Representative from Rockingham] The feedback that I have gotten from my district has been overwhelmingly positive. And I would say that, again, as far as the size is concerned, we are putting it forward as a referendum. Frankly, I think it will be a popular thing. But I'm willing to let the citizens decide. So— yes. I have had very little pushback from people that are against it, and that is not saying they are not there. [SPEAKER CHANGES to Speaker] For what purpose does the lady from Guilford, Representative Harrison, rise? [SPEAKER CHANGES to Representative Harrison] To debate the Bill. [SPEAKER CHANGES to Speaker] The lady has the floor to debate the Bill. [SPEAKER CHANGES to Representative Harrison] Thank you, Mr. Speaker, Members of the House. I don't mean to beat a dead horse but I really think it's important to think about this trend of the legislature making local school boards partisan. I don't think it's a positive trend, I think that education should not be a partisan issue. I just want to make that point. I appreciate the fact that Representative Jones is adding a referendum; I think it's really important to let the local voters decide. I wish that that referendum included the partisanship of the Board, but I appreciate him doing that. We heard from a couple of the School Board members who were concerned about what this might mean for the School Board and they felt that the current makeup was fairly harmonious and that reducing it the way that it is proposed would result in some racial tension. Also, there is an issue that there are three unaf— currently sitting Board members, three are unaffiliated, and I understand that Representative Jones was able to cross that hurdle and get elected as an unafilliate. But we all know how difficult it is to get your— the necessary names to get on the ballot then run as an unafilliate. Then, as Representative Luebke pointed out, that's the fastest growing coalition of voters is the unafilliate. So I think that makes sense, I just think it makes no sense to be forcing this on the citizens of Rockingham. We heard some pushback from the sitting School Board members and a retired teacher from there and I think I would just urge you to vote No. Thank you. [SPEAKER CHANGES to Speaker] For what purpose does the lady from Harnett, Representative Lewis, rise? [SPEAKER CHANGES to Representative Lewis] Mr. Speaker, I would move the previous question. [SPEAKER CHANGES to Speaker] The gentleman is recognized for a motion. The gentleman has moved—
LXYYCG [0:00:00.0] …Previous question, the question before the house is the previous question to House Bill 189, so many in favor of the previous question will vote aye, those oppose will vote no. The clerk will open the vote. The clerk will lock the machine and record the votes, 69 having voted in the affirmative and 41 in the negative, the previous question is adopted. We are now back on the main question, do either the majority leader or the minority leader wish to use the three minutes to debate this local bill? The gentleman from Durham, Representative Hall is recognized to speak for up to three minutes. [SPEAKER CHANGES] Thank you Mr. Speaker, I won’t use three minutes I just do wanna call attention to the fact that we are resetting the way our citizens are able to interact in the elections process and we should just be worry about what we are doing that will create more difficulty to do that and be represented, thank you. [SPEAKER CHANGES] The gentleman from Rutherford, Representative Hager is recognized to speak for up to three minutes, majority party. [SPEAKER CHANGES] Thank you Mr. Speaker, I would like to delegate my time for Representative Jones. [SPEAKER CHANGES] The gentleman from Rockingham may use three minutes. [SPEAKER CHANGES] Thank you Mr. Speaker and I will not use the entire three minutes either, I would remind the body that there are 115 school boards in this state, there are only four that have as many as 11 members on the board, Rockingham County is by far, by far and not one of the larger school districts in the state. The only other thing I would say is that I keep hearing all this about how the General Assembly should not be involved in local affairs and such things. So I would just like to say that over the past 20 years the North Carolina General Assembly when the other party was in control set the size of the school board and there was no referendum. So I believe it’s a good bill, I think is what the citizens of our county would like and I would commend the local bill for your support. [SPEAKER CHANGES] The question before the house is the passage of the House Committee Substitute to House Bill 189 on its second reading, so many favoring the bill will vote aye, those oppose will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 76 having voted in the affirmative and 38 in the negative. House Bill 189 passes its second reading and will without objection be read third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion further debate? If not, the question before the house is the passage of House Bill 189 on its third reading, those in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Those oppose will say no. [SPEAKER CHANGES] No. [SPEAKER CHANGES] The ayes have it the House Bill 189 passes its third reading and will be sent to the Senate. Just a moment, the messages from the Senate, the clerk will read. [SPEAKER CHANGES] Mr. Speaker, the message to be sent to the House Representatives the information that Senate adopts the report of the conferees for Senate Bill 20, Conference Committee Substitute: A bill to be entitled an act to update the reference to the internal revenue code, to decouple from certain provisions of the Federal Tax increase prevention act of 2014, to modify the motor fuels tax rate, and to make certain reductions within the department of transportation for the 2014-2015 fiscal year. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Chapter bills, House Bill 279. The clerk will read. Ratifications of bills and resolutions, the clerk will read. [SPEAKER CHANGES] The enrolling clerk reports to the following bill duly ratified for presentation to the Governor, Senate Bill 20. [SPEAKER CHANGES] Chapter bills will be noted. Now, House Bill 279, the clerk will read. [SPEAKER CHANGES] Representatives Pendleton, Malone, Dollar, and Avila, the House Bill 279: A bill to be entitled an act regarding a special board of equalization and review for Wake County. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] The gentleman from Wake, Representative Pendleton has the floor to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker, Wake County Government asked me to introduce this bill. For those you that have not been a County Commissioner, every county has a board of equalization and review when you reevaluate property and the citizens have the right to appeal to that to try to get the rates down. With Wake County getting so big in population, County Government would like to have, to be able to have two patterns so they can have up to five people on each panel and see people… [0:04:59.9] [End of file…]
lot quicker. So that's the basics on the bill. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 279 on its second reading. So many favoring passage of the bill will vote aye, those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 112 having voted in the affirmative and 2 in the negative. House Bill 279 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate. if not, the question before the House is the passage of House Bill 279 on its third reading. Those in favor will say aye, those opposed will say no. The aye's have it. House Bill 279 passes its third reading and will be sent to the Senate. I see the lights from Representative Graham and Representative Richardson. Do the members which to be recorded as having voted aye on that vote? The members will be recorded as having voted aye. Representatives Iler, Shepard, and Torbett are recognized to send forth a committee report. The clerk will read. [SPEAKER CHANGES] Representative Iler, Shepard, and Torbett. Transportation Committee Report, House Bill 86, Utility line relocation School Board, favorable. [SPEAKER CHANGES] Those favorable pursuant to rule 38, the bill is re-referred to the Committee on Appropriations. [SPEAKER CHANGES] House Bill 232, Study Update Bicycle Safety Laws. Favorable, Committee Substitute, unfavorable to the original bill. Original bill unfavorable, calendar, committee substitute, calendar, and without objection today's calendar. Is there objection? Bill title, House Bill 232, Study Update Bicycle Safety Laws. No objection being heard, the bill is added to today's calendar. Members, the Chair would like to extend the courtesies of the floor to a special guest in the rear, former Representative Jim Crawford who's sitting back there. Representative Crawford, glad to have you with us today, sir. [APPLAUSE] Representative Crawford, your granddaughter's doing a great job as a page this week also, we appreciate you all letting her come. House Bill 39, the clerk will read. [SPEAKER CHANGES] Representative Davis and Howard, House Bill 39, a bill to be entitled an act to increase the penalties for the illegal operation of amusement devices. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] The gentleman from New Hanover, Representative Davis, is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentleman of the House, on the evening of Thursday, October the 24th, 2013 an accident occurred on the vortex amusement device at the NC State Fair. The Vortex is an adult amusement ride featuring two passenger carriers, each of which contains four groups of four seats for 32 seats total. During the unloading process, the ride restarted unexpectedly and threw several patrons from the ride. While trying to address the unexpected restart, a ride attendant was also injured, in total four patrons and one employee were injured in the accident. Beginning on the night of October 24 and continuing for several months, a thorough investigation was conducted. The investigation found that safety mechanisms on the Vortex device had been intentionally circumvented, which ultimately resulted in the unexpected restart of the ride on October 24. Due to the injury of one employee, the North Carolina Department of Labors, Occupational, Safety, and Health Division issued citations and civil penalties against the amusement device company and the owner. Due to several violations of the Amusement Device Safety Act which resulted in the injury to four ride patrons, the North Carolina Department of Labors Elevator and Amusement Device Bureau issued citations and civil penalties against the amusement device company, owner, and ride operator. However, despite the findings of the department investigation, no one involved int he accident could be charged criminally under the Amusement Device Safety Act since no fatalities occurred, although the accident did result in very serious injuries to at least one patron. That is because, under the current law,
a person who willfully violates any provision of the Amusement Device Safety Act can only be charged criminally if the violation results in a fatality. Additionally, under the current law, the person can only be charged with a misdemeanor and the current law also allows a fine of up to $10,000 for a first offense and $20,000 for a subsequent offense. What the bill before you would do if it is passed would be to increase the penalty for each day each device is operated or used in violation of this article as follows, for operation without a certificate or not in accordance with the article of rules and regulations, to an amount up to $2,500 for each rule, regulation, or article section violated. It is now just $250. For operation after refusal to issue or after revocation of certificate or for violating a liability insurance or reporting requirements to an amount up to $5,000. It's presently $500. For violation of the location notice provisions to an amount up to $2,500, presently it is only $500. For violation of reporting requirements or a violation of statutory operator requirements to an amount not to exceed $5,000, presently only $500. For operation of an unsafe device or operation of a device while impaired, up to $10,000. It is now only $1,000. This bill would also authorize a Commission of Labor to determine whether the amount of the fine is appropriate given the annual gross volume of the business, the seriousness of the violation, the presence or absence of good faith, and whether there have been any previous violations. This bill would also increase the punishment for a willful violation of any provision of the article from a class 2 misdemeanor and the possibility of a fine of up to $10,000 and a subsequent condition punishable as a class 1 misdemeanor and possibility of a fine up to $20,000. This bill would also add a new subsection providing that willful violation of any provisions of this article that results in serious injury or death constitutes a class E felony punishable by a fine of up to $50,000. This bill would also add a new subsection that would provide that any state prosecutor may impose or may proceed against a violator on a charge of willful or culpable homicide. There was a very good discussion of this proposed bill in Judiciary 3 where it received a favorable report. There is an identical bill in the Senate now and the Senate is waiting to see what we do in the House on this bill before they do anything with theirs. Obviously, if this bill does pass it would be sent over and the Senate would not proceed with their identical bill. At this time, Mr. Speaker, if I may, I'd like to make a technical amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Davis moves to amend the bill on page 2, lines 22-23, by rewriting the lines to read: [SPEAKER CHANGES] The gentleman has the floor to debate the amendment. [SPEAKER CHANGES] Yes, all this does is reword those lines to correctly state that the serious injury or death of any person, then the person shall be guilty of a Class E felony, which may include a fine of not more than $50,000, and I would ask that the body please pass the amendment. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not, the question before the House is the adoption of Amendment 1, sent forth by Representative Davis. So many in favor of the amendment will vote aye, those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 116 having voted int he affirmative and none in the negative, the amendment is adopted. Does the gentleman desire further debate on the bill? [SPEAKER CHANGES] If I may, Mr. Speaker. [SPEAKER CHANGES] The gentleman continues to have the floor on the bill. [SPEAKER CHANGES] Just briefly, I had a legislative fiscal note and also legislative incarceration fiscal note done. There's no fiscal impact anticipated as far as the General Fund revenues, General Fund expenditures, Special fund revenues or Special Fund expenditures.
Because we are imposing a new criminal offense, there really is no historical data that would enable an incarceration note to be done by the physical research division that could adequately say what may happen as a result of this new criminal penalty. I just asked you to vote Green. [SPEAKER CHANGES] Further discussion, further debate? For what purpose does the gentleman from Union, representative Brody rise? [SPEAKER CHANGES] To ask the sponsor question please. [SPEAKER CHANGES] Does the representative from New Hanover yielded to the representative from Union. He yields. [SPEAKER CHANGES] Thank you sir. I've been going through the bill and I just wanted to ask a quick question. You had mentioned that, and I want to understand this. You had mentioned that if an injury occurs or even a death occurs, would the manufacturer or the distributor of the ride or whatever it is, would they be included in that or is it just the people involved in the actual using of the ride and maintaining of the ride? [SPEAKER CHANGES] Yes sir, thank you for that question. Under this legislation, the person doing the operating or the company running it would be the ones that you proceed against. It will be in those doesn't mean that someone might not do a civil action, where they could try to get compensation from the manufacturer. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 39 on its second reading. Those in favor will vote aye. Those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 116 having voted in the affirmative and none in the negative, House Bill 39 passes its second reading and will without objection be read a third time. [SPEAKER CHANGES] General sentiment, marks, lines and acts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 39 on its third reading. Those in favor will say aye. Those opposed will say no. The ayes have it. House Bill 39 passes its third reading and will be sent to the Senate. These additionally ordered engrossed as it was amended. House Bill 106. Clerk will read. [SPEAKER CHANGES] Representatives Terry, Bell and Jordan. House Bill 106, a bill to be entitled, Act to Amend the Membership of the Banking Commission. General sentiment, marks, lines and acts. [SPEAKER CHANGES] The gentleman from Wayne, Representative Bell has the floor to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Members, this bill came as the recommendation from the House Legislative Research Study Community on Banking Law Amendments, term the interim. It's been properly vetted through the banking committee and its supported by the banking commission, the bankers Association, the treasurer's office and mortgage brokers and we'd asked for your support. Thank you. [SPEAKER CHANGES] Further discussion, further debate? If not the question before the house is the passage of House Bill 106 on its second reading. Those in favor will vote aye. Those opposed will vote no. The clerk will open the vote. Rep. Floyd, wish to record on this? The clerk will lock the machine and record the vote. 116 having voted in the affirmative and none in the negative, House Bill 106 passes its second reading and will without objection be read a third time. [SPEAKER CHANGES] General sentiment, marks, lines and acts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 106 on its third reading. Those in favor will say aye. Those opposed will say no. The ayes have it. House Bill 106 passes its third reading and will be sent to the Senate. These additionally ordered engrossed as it was amended. House Bill 388. Clerk will read. [SPEAKER CHANGES] Representative Tine, a House bill to be entitled Act to Modify the Options for Local Sales Tax for? Dare County and Dredging Purposes. General sentiment mark, line an the max. [SPEAKERS CHANGES] The gentleman from Dare, Representative Tine has the floor to debate the bill. [SPEAKERS CHANGES] Thank you, Mr. Speaker. Thank you for hearing this bill so quickly and moving so fast. Oregon Inlet is closed currently. We do have dredges that are there in place that are federally funded for one time. Once they're out, we need to make sure that we keep it open so that we can support the boat builders, the fishing community, the tourism community as we move through the summer. This bill is in response to the Dare County commissioners that asks that the existing quarter spend be authorized without referendum so they can move as quickly as possible. We tried to build as
tight a box as we possibly could, it is just for dredging. It is also to end when Bonner Bridge is completed and the old bridge is taken away, which will create a new span for the deep water access. And, with your permission Mr. Speaker, I'd like to send forth an amendment. [SPEAKER CHANGES] The gentleman is recognized to send forth an amendment. The clerk will read. [SPEAKER CHANGES] Representative Tine moves to amend the bill on page two, lines 9-12 by rewriting the lines to read: [SPEAKER CHANGES] The gentleman from Dare has the floor to debate the amendment. [SPEAKER CHANGES] Thank you, Mr. Speaker. Another Representative came and said that perhaps we need some more finite language in regards to when the tax will stop being collected and so this actually allows it for 90 days after DOT has certified the completion of the project, I commend the amendment to you. [SPEAKER CHANGES] Further discussion, further debate on the amendment? If not, the question before the House is the adoption of Amendment One sent forth by Representative Tine. Those in favor will vote aye, those opposed will vote no, the clerk will open the vote. The clerk will lock the machine and record the vote, 114 having voted in the affirmative and one in the negative. The amendment is adopted. We are now back on the question. Further discussion, further debate? If not, the question before the House is the passage of House Bill 388 on its second reading. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 113 having voted in the affirmative and three in the negative, House Bill 388 passes its second reading and will, without objection, strike that, the amendment is ordered engrossed but the bill will remain on the calendar for a third reading tomorrow. House Bill 358, the clerk will read. [SPEAKER CHANGES] Representatives L. Johnson, Horn, Holloway, Elmore, House Bill 358, a bill to be entitled an Act to Extend the Use of the Fifteen Point Scale for Assignment of School Performance Grades for 2014/2015 and 2015/2016 School Years Only. The Joint Assembly of North Carolina enacts. [SPEAKER CHANGES] The gentleman from Wilkes, Representative Elmore, is recognized to debate the bill. [SPEAKER CHANGES] I thank you, Mr. Speaker. What this bill does is a small correction to a component of the school grades bill. This passed our Education Committee this morning unanimously and I urge your support on the bill. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 358 on its second reading. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote. The clerk will lock the machine and record the vote, 115 having voted in the affirmative and one in the negative. House Bill 358 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 358 on its third reading. Those in favor will say aye, those opposed will say no, the aye's have it, House Bill 358 passes its third reading and will be sent to the Senate. House Bill 274, the clerk will read. [SPEAKER CHANGES] Representatives Gill, L. Bell, Elmore, and Waddell, House Bill 274, a bill to be entitled an Act to Enact a Retirement Technical Corrections Act of 2015. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] The lady from wake, Representative Gill, is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. This bill is a retire technical correction bill. It was requested by the Department of the State Treasurer for the State Retirement System. The bill has no significant cost to the state or actuarial impact on the retirement system. The bill passed out of committee. I'll be glad to explain any section if you would like bu ti would like for you to support the bill. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 274 on its second reading. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote.
The clerk will lock the machine and record the vote, 115 having voted in the affirmative and none int he negative. House Bill 274 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGES] The General Assembly of North Carolina enacts. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 274 on its third reading. Those in favor will say aye, those opposed will say no. The aye's have it and House Bill 274 passes its third reading, will be sent to the Senate. Representative Holloway, the Chair noticed, was the gentleman in the chamber when the question was put? Would the gentleman like to be recorded aye on the electronic vote? You'll be so recorded. Senate Bill 305, the clerk will read. [SPEAKER CHANGES] Senators Newton, Pate, and Bryant. Senate Bill 305, a bill to be entitled an Act to Provide Cost Recovered for Acquisition for Joint Municipal Power Agency, Ownership interest, and Generating Facilities to Authorize Municipalities to Enter Members of Joint Municipal Power Agencies to enter into Support Contracts and to Issue Bonds to Pay the Cost of Projects That are Sold. The General Assembly of North Carolina enacts. [SPEAKER CHANGES] The Gentleman from Nash, Representative Collins, is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Let me say first of all, for those of you who were in either Public Utilities or Finance Committee last week, Senate Bill 305 is the exact same bill word-for-word as House Bill 265, which passed favorably out of both of those committees last week. Those of you that have been here for a few years know that I don't stand up infrequently but I usually stand up and speak very succinctly and don't take much of your time, I rarely speak more than two or three minutes, this may go four or five and I apologize for that in advance. This is something that goes a long way back with me. In 2010, when I was a political neophyte running for office for the very first time, as I was going around knocking on doors in Nash County, another fella who was running for office for the first time, a fella named Buck Newton, was riding around with me in the truck a lot of times and as we would drive from neighborhood to neighborhood, between going up to doors, we would talk about what we could do if we were elected for the people of our area. What could we do that would absolutely help them more than anything else? And this was a topic that came up over and over, and over again. He's from Wilson, I'm from Rocky Mount, two of the 32 in the campus municipalities. If we could anything to help the rate payers in our area with their exorbitant electric rates, that would help more than anything else. Realize that where I live this affects everyone, from the poorest residential rate payers to the biggest industrial users of electricity. We did get elected and we weren't given much hope of success. We were told over and over again this is a 30-year-old problem, you're not going to solve it, it's been studied to death, everybody's looked at it, there is no solution, you're just wasting your time. But we were two pretty hard-headed freshmen who didn't take what was probably good advice and we begged and cajoled and whined and everything else until the Speaker of the House and the President Pro Tem of the Senate agreed to appoint a joint study committee and make Senator Newton and I the co-chairs of that and in 2011, as some of you who were on that know, we began to study this issue. Let me just read you the study committee that was appointed met from October 2011 until May of 2012 and we gave our report. Let me just read you a couple of the findings of that report. Finding number one was, "at this time the rates of the municipal electric systems operated by members of the North Carolina Eastern Municipal Electric Power Agency are significantly higher than the rates for service offered by the investor on utilities, 38% of the whole sale rate for electricity paid by members of NCEMPA is used to pay this debt." I hope you picked up that number. I know in Rocky Mount 30 cents of every dollar I pay for electricity goes to nothing but debt reduction. That means I buy 70 cents of electricity for every dollar I pay. That's a 42% premium on electricity. The total debt of NCEMPA at that time, January 1st, 2011, was $2.25 Billion. Another finding was the high electric rates of the NCEMPA member cities have affected economic development in these cities. That's an understatement. A related statement, the high electric rates of the NCEMPA member cities exacerbate the effects of the loss of industrial business. One of the people who testified in front of our committee actually has an agricultural production facility that is split across two electric grids, half of his plant is in the ElectriCities area, half of it is in the Duke Progress Direct zone and he testified that just the half of his plant that's in the ElectriCities grid, the extra cost he was paying
for that half of the plant was $350,000 more than he would be paying if the whole plant were on due progress directly. So you can imagine trying to recruit an industry that knows they're going to get a $700,000 excess in their bill just from being on that grid. Dr. Thomas Stith of the Kenan Institute of Private Enterprise found that the rate payers in NCEMPA have paid $240 million more in electric rates each year as compared to other rate payers in the state. Two-hundred and forty million dollars a year. Folks, that's a lot. It's been a noose around the neck of eastern North Carolina for a long, long time. Fortunately, a number of things happened after-- [SPEAKER CHANGES] Speaker. [SPEAKER CHANGES] For what purpose--I can't see where--does Representative Floyd rise? [SPEAKER CHANGES] I just want to know if the bill sponsor will yield to a question. [SPEAKER CHANGES] Will you yield, Representative Collins? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He does. [SPEAKER CHANGES] Representative Collins, when you first got up you indicated something to me that was very impressive, that you don't normally speak no more than about two minutes. [SPEAKER CHANGES] Five minutes. [SPEAKER CHANGES] Thank you, Representative Floyd. Please continue. [SPEAKER CHANGES] I understand you, Representative Floyd, but this is the one pet project I've been working on since I've been here. I apologize. This is the one time I'm going to have my say. And I'll apologize in advance to you for that. Because normally I'm like you, I like to, I like not to waste people's time. A number of things happened after the study committee in 2011 that actually helped Senator Newton and I and others who were trying to get this problem solved. Leadership, new leadership at NCEMPA, began to seriously pay down the debt. It's down now to $1.7 billion. It's been decreased by over $500 million since we held that study committee just four years--well, just three-and-a-half years ago. Now that might not sound like much to you, but the debt had only gone down about 1.2 billion in the 27-plus years before that time. Also, the Duke merger put Duke Progress in a much stronger cash position to be able to look for acquisitions that might help their business model. Today, these parties are asking us to enter into an agreement that would benefit NCEMPA customers by reducing NCEMPA's debt by more than 70%. It would help the non-NCEMPA Duke Progress customers by lowering Duke Progress's fuel costs by an estimated $70 a year. So this will help people on both sides of that deal. All of North Carolina wins because a major impediment to economic development in 32 municipalities is greatly decreased by this bill. This bill is a market-driven solution to a long-term problem. The two sides have negotiated a sale in which both sides gain benefits. This solution requires no appropriation of state monies, nor does it affect the state's bond capacity or credit rating. I know of no opposition to this bill. I'm not going to bore you by going through it section by section. If you'd like to ask questions about it, I'll be happy to answer them. I would ask that you join me in rejoicing with the rest of the people in these 32 municipalities today, by voting yes on Senate Bill 305, and I thank you for your indulgence. [SPEAKER CHANGES] Representative Pierce of Scotland is recognized to debate the bill, and while he's rising, the clerk informs me that this is a roll-call bill, we will have third reading tomorrow as well. Representative Pierce. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen, I first of all want to thank you, a little premature thank you for your yes vote on this very important piece of legislation today. I represent three of these areas that will be affected: the Red Springs, the town of Lumberton, and Laurinburg, North Carolina. And I speak for those who are unable to be here today to tell you thank you for this legislation. It would definitely make a difference in the communities that I serve. It's a win-win situation for all of us going forward. Just looking at some of the press release I had from some of my local papers, and how excited our city councilmen they are about this legislation. It's just a great thing. As a pastor of a church, I have many opportunities to help people with their light bills in the church. Sometimes the winter months, the hot summer months, and those bills are very high, I can tell you that, and this is a great opportunity to lower those bills. There are some people that have to decide between food and other--medicine, sometimes--to pay the light bill. So I just think it's a great day. I've been here five terms, reckon on my sixth--six terms. This is some legislation that's been a long time coming and really, the chamber, we ought to be proud of ourselves today, going forward. This is a great piece of legislation. Thank you for allowing me to share on behalf of my constituents who cannot be here today. Thank you, ladies and gentlemen. [SPEAKER CHANGES] Representative Martin of Wilson is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker, and I won't take a lot of time because I think my colleagues, Representative Collins and Pierce have done a great job outlining the benefits of this bill. When I first ran for the House, this was a huge issue for my district, which I share with Senator Buck Newton.
And it’s great to see with the persistence of continuing to work at it and work together to see that we can come up with solution that benefits the whole state, its great for business recruitment it’s great for families it’s a bipartisan bill, both chambers support it, this is like an hallelujah moment. My paper keeps calling me every day every ?? Because they know it’s going to have such an impact. I think of all the things we do this, in terms of a single bill will have the greatest impact on our state. So I appreciate everyone coming together, and supporting this, and I also want to thank the folks in the industry, who work so hard. The due progress and the ?? of working with us, because it’s not something we did alone as government, this required all the stakeholders coming to the table so thank you. [SPEAKER CHANGES] is there further discussion or debate? If not, the question before the house is the passage of senate bill 305 on its second reading those in favor will vote aye, those opposed will vote no, 15 seconds is allowed for voting the court will open the vote. Kirk will open the machine and record the vote, the ayes are 115 the no’s are 0. The bill has passed its second reading and will remain on the calendar. [SPEAKER CHANGES] house bill 232 the corporal read [SPEAKER CHANGES] representatives ?? Shepherd and Jeter house bill 232 a bill to ?? and act to direct the department of transportation to study the bicycle safety laws in this state and to make recommendations as to how the laws may be revised to better ensure the safety of bicyclists and motorists on the roadways. ?? of North Carolina enacts. [SPEAKER CHANGES] the gentleman from Transylvania, representative Whitmeyer is recognized to debate the bill. [SPEAKER CHANGES] thank you mister speaker, I will try to keep gravity in mind. This bills intent, is for the department of transportation as it is spelled out in the bill to lead a directed study of a working group of key stake holders which is also defined in the bill but also has latitude for flexibility to study a topic that is 37 years overdue without a significant update of bicycle safety laws and bring back recommendations to this body for possible improvements on some situations that have declined during the short session. Again, the bill is designed with latitude for the stakeholders, latitude on topic, it does touch on a subject that often times gets a lot of blowback. It’s had tremendous support, and with that, in the end we want to make sure our roadways are safe commoners can get to and from market efficiently, and that motorists and cyclists truly know that it’s a two way street for sharing the road. Thank you mister speaker. [SPEAKER CHANGES] for what purpose does the gentleman from Gilford represent affairs ?? [SPEAKER CHANGES] Speak on the bill [SPEAKER CHANGES] the gentleman has the floor to debate the bill. [SPEAKER CHANGES] thank you mister speaker, this is a good bill, I recommend it highly, in committee I did raise the concern that a constituent of mine had given me, she was involved in riding down a rural road with her husband and a driver came by and hit her husband and left the scene, he ended up dying. It’s a very, very sad situation it happens time and again, over our state and so I raised this concern and I think this study is a good place for perhaps a revision of out hit and run statutes where a bicycle or a pedestrian is involved. A person hitting a car might just think they did a little damage but if a truck runs into a pedestrian or a bicycle, you know you’ve hurt somebody. So I’m convinced that this language in here will take care of that, looking at that in the study and I urge you to support the bill. [SPEAKER CHANGES] for what purpose does the gentleman from Rowan representative Warren rise? [SPEAKER CHANGES] to ask the bill sponsor a question [SPEAKER CHANGES] does the gentleman from Transylvania yield to the gentleman from Rowan? [SPEAKER CHANGES] I yield [SPEAKER CHANGES] He yields [SPEAKER CHANGES] thank you. When an accident occurs between a motorist and a bicyclist, there is normally a report that is written out, but it is my understanding that if there is an accident with a bicycle and an attack by an animal whether it is a domestic dog or something, there isn’t necessarily a report written out for that. I’ve had a constituent campaigning for a bill to require that but,
I'm told by law enforcement to require them to respond to that kind of a call, to fill out a report, may take them away from a more serious crime. So I'm just wondering, what your bill, says it would study other issues related to the bicyclists. Would that be an issue you think that would be covered as well, or do I need to file a bill? [SPEAKER CHANGES] Mr. Speaker? I'll answer the question as best I can. [SPEAKER CHANGES] The gentleman from Transylvania has the floor to answer the question. [SPEAKER CHANGES] A couple things. One, the bill has certain latitudes involved or written into it, if it navigates the General Assembly and makes it into law. It is leveraging the Department of Transportation's Pedestrian and Bicycle Transportation Division, which has expertise, and it also seeks to leverage a lot of other key stakeholders' in a lot of areas expertise. With lines 11 through 16, having some defined topics to look at and key on line 16, "other issues as determined relevant," certainly they can go to places such as Representative Faircloth mentioned and maybe your topic mentions, too. My caveat is simply they will be doing this, and I've worked with the subject matter experts there for well back into last year. They will certainly need to be somewhat cognizant of how many topics they take on. Because none of these topics are easy. And they've been put in the too-hard-to-do in-basket for way too long, 37 years since a significant update. But certainly, the worthy topics that come forth, they'll have to ultimately prioritize which ones to tackle--on line 16 where they have the additional latitude. So that's not a direct answer, but that's the best I can do. [SPEAKER CHANGES] For what purpose does the gentleman from Haywood, Representative Queen, rise? [SPEAKER CHANGES] To ask the bill's sponsor a question. [SPEAKER CHANGES] Does the gentleman from Transylvania yield to the gentleman from Haywood? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] In my district, bicycling is becoming a very important economic development driver. We have a lot of folks coming to the mountains to bike. And we have a lot of safety issues on our mountain roads, as you do over in Transylvania. So, but biking is a real draw for the mountains, and it's becoming more so. Does this bill get involved in any economic development aspects of making the roads safer for bicyclists? [SPEAKER CHANGES] Mr. Speaker, Mr. Speaker. [SPEAKER CHANGES] For what purpose does the gentleman from Wayne, Representative ?? [SPEAKER CHANGES] A point of order. Are we going to study the bill here, or are we actually going to approve it so we can study it at a later date? [SPEAKER CHANGES] Apparently we're in the middle of the study, it sounds like. Does the gentleman from Transylvania yield to the question from the gentleman from Haywood? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] He yields, and I believe it's the gentleman from Transylvania has the--I apologize, I was conferring with a couple committee chairs. The gentleman from Transylvania has the floor to respond to the question. [SPEAKER CHANGES] I will emphasize it is a study bill, and what this bill does is find an eloquent way to address a lot of topics that oftentimes, if taken in isolation, create a lot of blow-back. So, in the end, yes, cycling is very important to much of our state, from Murphy to Manteo, 543 miles from tip to tip. So in the end the working group of 12, under the facilitation and direction initially of DOT's subject matter experts, that then expands into the overall working group, certainly items like that I'm sure will come before their discussion. But to what degree they can solve all those problems, we need them to bring back items for our consideration, so that we can do something more than just study it and talk about it. So again, best I can do. [SPEAKER CHANGES] Thank you. Sorry for the long question, but it's a very important topic and I hope we will advance cycling in North Carolina. [SPEAKER CHANGES] Further discussion, further debate? If not, the question before the House is the passage of House Bill 232 on its second reading. Those in favor will vote aye, those opposed will vote no. The clerk will open the vote.
The clerk will lock the machine and record the vote. One hundred and sixteen  having voted in the affirmative, and none in the negative, House Bill 232 passes its second reading and will, without objection, be read a third time. [SPEAKER CHANGES to Clerk] The General Assembly of North Carolina enacts. [SPEAKER CHANGES to Speaker] Further discussion, further debate? If not, the question before the House is the passage of House Bill 232 in its third reading. Those in favor will say aye. [SPEAKER CHANGES to House] Aye! [SPEAKER CHANGES to Speaker] Those opposed will say no. [no response] The ayes have it. House Bill 232 passes its third reading, and will be sent to the Senate. Body'll be at ease in just a moment. [185 second pause] The House will come back to order. Members, there was another Bill on the calendar when we were adding that we had objection to, it was House Bill 255, which was the Reg. Reform Code Enforcement Bill. Is there still objection to adding the Bill? If there is, we'll just have to have a vote on it. Does the— I know Representative ??, you have an Amendment to the Bill, but I believe Representative Hall made the objection? [long pause] Apparently, the Rules Chair and the Minority Leader spoke and there's an agreement that the Bill'll just be done tomorrow. I'm assuming no-one's gonna object to a third reading on it tomorrow, just dispose of it tomorrow in one day? [long pause; rhubarb in background; speaker laughing] It will be on tomorrow's calendar, and we'll see how long it's on the calendar. Members, if the Body would give the Chair your attention please? For planning purposes this week, I believe either Representative Cleveland or Representative Speciale are gonna announce a change to a scheduled meeting on Thursday. I've confirmed— there were two committees scheduled to meet late morning, and I've spoken with the Chairs of the Environment Committee who've indicated their Bill is not time sensitive and that there's no rush to take that Bill up this week, and then the Homeland Security Committee I think is gonna take their Bill up tomorrow at 12:30, but I don't want to steal Representative Cleveland's thunder on that. That's the only other committee that was scheduled to meet on Thursday. Other than the Appropriations Committees that are meeting at 8:30, are there any chairs of any committees who are intending to call a meeting for Thursday that have not yet sent that to either the Clerk's office or my office? [pause] Okay, I see no lights other than Representative Cleveland, and I know what his is about. I believe Representative Davis, Local Government, you are gonna meet tomorrow instead, and maybe one additional meeting, is that correct? [SPEAKER CHANGES to Representative Cleveland] Yes, sir. We're getting together to do a meeting tomorrow, and then also, probably, fifteen minutes after Session on Thursday. [SPEAKER CHANGES to Speaker] M'kay. All right. What— Just for planning purposes, Members, tomorrow's Session will be at two o'clock [2:00]. Thursday's Session will be at ten a.m. [10:00]. The purpose in having Session Thursday morning at that time is that, Number One: There's really no reason in committees meeting to take up bills because we won't be here the next week, that'll be the week of the spring break. So part of the reason we've been adding so many bills on today— I suspect tomorrow may be a heavy calendar, and Thursday may be a heavy calendar—
[SPEAKER CHANGES] Is to try to get our work done, and if you look at the number of bills that we've gotten accomplished today and what we will, we've probably just about taken what would have been next week's work and really have condensed it into these couple of days. So just for planning purposes, session tomorrow will be at 2, session on Thursday will be at 10 am. I do believe there will be some subcommitee meetings, of appropriations meetings that morning, as well. Notices and announcements. For what purpose does the gentleman from Onslow, Representative Cleveland rise? [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] The Homeland Security and Military Security-Military Affairs Committee is canceled for Thursday. We will meet tomorrow at 12:30. At 12:30 we will hear two bills, House Bill 371 and House Bill 254, that's at 12:30 tomorrow. [SPEAKER CHANGES] For what purpose does the lady from Carteret, Representative McElraft rise? [SPEAKER CHANGES] For two announcements. [SPEAKER CHANGES] The lady is recognized for two announcements. [SPEAKER CHANGES] Thank you Mr. Speaker. The Agner Committee, the Ag and Ner committee finally called Agner, is going to meet at 9:00 in the morning instead of 8:30, and then we'll go back to 8:30 on Thursday. The second is the-announcement is that the Coastal Caucus will still meet this afternoon as soon as sessions is over, in Senator Brown's office. Thank you. [SPEAKER CHANGES] For what purpose does the lady from Randolph, Representative Hurley rise? [SPEAKER CHANGES] For an announcement, please. [SPEAKER CHANGES] The lady is recognized for an announcemnt. [SPEAKER CHANGES] The Justicee and Public Safety Appropriations will meet in the morning at 8:30 in 415. Thank you. [SPEAKER CHANGES] For what purpose does the gentleman from Union, Representative Horn rise? [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman has the floor for an announcement. [SPEAKER CHANGES] Thank you Mr. Speaker. House Education Appropriations, House Education Appropriations will meet tomorrow morning at 8:30 in 421, our usual meeting place. Thank you. [SPEAKER CHANGES] For what purpose does the lady from Franklin, Representative Richardson rise? [SPEAKER CHANGES] Thank you Mr. Speaker. I would like to make an announcement. [SPEAKER CHANGES] The lady is recognized for an announcement. [SPEAKER CHANGES] Thank you. Tomorrow morning at 7:30 in the cafeteria the Women in Government will be sponsoring a breakfast. We invite you all to come out and the topic is Obesity and the Challenges that it Presents to our Economic and Health Community. I urge you to come and I'll thank you in advance for attending. Thank you. [SPEAKER CHANGES] For what purpose does the gentleman from Rockingham, Representative Jones rise? [SPEAKER CHANGES] For two announcements. [SPEAKER CHANGES] The gentleman is recognized for two announcements. [SPEAKER CHANGES] Thank you Mr. Speaker. Ladies and gentlemen of the House, the Legislative Prayer Caucus will meet tomorrow morning at 7:30 in Room 415 and there will be a light breakfast. So you're all welcome to come out for that. And secondly, I'm sorry to announce, but just to reinforce your written announcement earlier, the elections committee will meet 15 minutes after session today. Duty calls. Room 643, I'm sorry Speaker. Room 643. [SPEAKER CHANGES] For what purpose does the gentleman from Onslow, Representative Shepard rise? [SPEAKER CHANGES] Mr. Speaker to ask Representative McElraft a quesion. [SPEAKER CHANGES] Does the lady from Carterete yield to the gentleman from Onslow? [SPEAKER CHANGES] Yes I do. [SPEAKER CHANGES] She yields. [SPEAKER CHANGES] Representative McElraft I just got an email from your office saying that caucus was cancelled. [SPEAKER CHANGES] Well my LA probably knows more than I do then, thank you very much, caucus is cancelled. [SPEAKER CHANGES] Are you-follow up, are you overriding the email then? [SPEAKER CHANGES] I will, she has already overridden me, so we'll let that go. Evidently Senator Brown has something else going so we'll, we'll have the Coastal Caucus another time, and thank you for letting me know that. [SPEAKER CHANGES] For what purpose does the gentleman from Rutherford, Representative Hager, rise? [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman has the floor for an announcement. Thank you Mr. Speaker. Due to the changing times we will, the Republicans will caucus tomorrow, just don't know when yet, so keep an eye on your email please. [SPEAKER CHANGES] For what purpose does the gentleman from Guilford, Represntative Faircloth rise? [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman has the floor for an announcement. [SPEAKER CHANGES] Thank you Mr. Speaker. The Guilford delegation and the Greensboro partnership invite you for their 10th annual Lunch on the Lawn, out on the mall under the tent. If you've been there before, you know it's a great meal, and they would love to have you come and talk with them. So keep that in mind tomorrow on the mall at 12pm to 2pm. [SPEAKER CHANGES] For what purpose does the gentleman from Henderson, Representative McGrady rise? [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman has the floor for an announcement. [SPEAKER CHANGES] Just remind everybody, Representative Carney and I invite you to the first meeting of the Joint County Caucus. It'll be 15 minutes after session. I understand we lose a few former county commissioners to the election committee, but I hope others can attend. One of the things we want to make sure is, scheduling of future caucuses
A season of his session panel leader the morning but the pleased this afternoon as you and thank you for whatever says the lady from a combo of represented at Ingraham runs thank you Mr. Speaker (SPEAKER CHANGES) one thing that everyone no major U.S. for announcement and thanking us as the one person terms of the thinking I went to the many of the time that this moment is to sell as tandem of gambling has a history month was the smile and a man is seeing thing out of the nineties is time to date night that knowledge and the women in this chamber and you haven't signed on as this country than we are serving, was not sent medicines and not sent a message of goods like everyone's so we live at home just makes you make your family still at the justices nieces and whenever as damn women's history month passed NE we have become in the guy in town we appreciate it thank you for members and advance to the whims of a via one denies body that the the county caucuses in the ruins of 41 of the LME for the best as the Johnson, medicine and slowly rise in crime to john Estes and Larry Holmes speedy you mention that it may be some additional below the state to count on Thursday and its action movie, (SPEAKER CHANGES) as are we seeing session will be tomorrow it, there's the team to the suit are seeking a share , would you do us a fatal human history, has led to what is the ad that they need to update on them are showing that became even have well as the defense of the things come out of committee and the many things are done since the fire engine for loans, not an issue the Jonathan Demme on the island keep him any longer than I have a massive , the above as exerting a committee assignments that lead to more mix of voluntary is under revision of Jackson scored two elections as offices and else's is not a java compliant members and loses recognize the notion this is her subjects in message is sensitive to the senate and the movement's minds has been some resolutions and introductions of bills and resolutions, (SPEAKER CHANGES) the house adjourned for making the move is seen as a safe and happy and medicine as a nanosecond of enhanced the desert and sends a message as the messages from the senate committee that has been assigned as resolutions in hands of those resolutions to the name of a Seattle says it has a 30 minute city and those of an assigned as it is a safe and it has added the senate and .........