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Senate | June 10, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate come to order. Sergeant at arm to close the doors members to go to their seats members and guest in the gallery please silent all electronic devices to lead the senator in prayer is Jimmy Moore First Baptist Church in Washington North Carolina please guest senator cook all members and guest in the gallery will please stand would you pray with me? Dear God plasms reminds us that your name is [xx] in all the universe so we come before you today acknowledge your majesty your power and your [xx] you are above all in just and pure your name is truth holiness and wisdom you are God given men and women members in this chamber task and responsibility to govern we thank you for privilege and honour to serve. [xx] as we begin our work give us courage conviction and compasion remind us that our decision not only affects use but all the citizens of this great state we now pray for the men and women in this chamber as we pray for all of our leaders and those in your place and position of authority and resposibility. May your will be done in this place, in our lives and in the life of the state and I offer this prayer in the name of the Father, the Son and the Holy Spirit Amen [xx] recognize for the motion thank you Mr. President, I move the roles be suspended to the end that we may bring the group Boston Range into the chamber to do a special rendition of our national anthem. No objection, sergeant at arms is recognized. Mr. President, the musicians of Boston Range are at the door to sing the national anthem and await your invitation. Sergeant at arms, will open the doors and escort Boston Range to the well of the senate to sing the national anthem. Boom Range we congratulate you

on your well deserved award, we thank you for representing the state of North Carolina so well across the country, we're honored to have you with us today in the senate and thank you for sharing the national anthem with us. Sergeant at Arms may escort [xx]. Mr. President. Senator Apodaca for what purpose do you rise? Mr. President this is out of order but I'd like to move that e go ahead and do a senatorial statement while we have them on the floor if we could. Absolutely, senator Davis you're recognized for a senatorial statement. Thank you very much Mr. President, ladies and gentlemen of the senate it's my privilege to honour of bossom range Botty Melton, Berrer Nickson Mark Pluit, Caleb Smith and Tim Solen. Mark is up in the gallery at this time he's not with the four down here on the floor. Ailie from North Carolina is and Jackson county in my district. Years before my service as their senator before I knew I would have the privilege of recognizing this talented remarkable group of distinguished blue grass and gospel musicians from the floor of North North Carolina senate chamber, I was a devoted fan. You can find their music in my home, in my car, in my office, wherever I am. That's where their music plays and it's providing respite from the stresses of a hectic life many of you are already blue grass fans. I expect that number to rise after Boston rangers visit today Please join me in welcoming this gifted native sons Bossom[sp?] Range Mr. President Senator Davis, for what purpose do you rise. I've had many people thank me for the CD that's on your desk. I'd like to know that there's no thanks to me that should be given this gentlemen provided those. They provided 170 for all the representatives and the Senators and the General assembly and you need to extend your thanks to them and at this time Mr. President, I'd like to sent forth the senatorial statement. You can sent forth your senatorial statement Senator and upon the motions of Senator Davis of Haywood and Jackson county, the chair is happy to extend courtesy's to the gallery to Anita Bruet,  John Holder, Carla, Eddy and Anne Milton, Rachel Smith hope and very conserved senator Nickonson and Claire Ratmer all [xx] thank you for joining us in the senate today this time is sergeant at arms can open the doors and that [xx] to remain behind the chamber [xx] senator [xx] is recognized for a motion [xx] to June 9 2015 has been examined and spangly correct and moved to when we discussed the reading of the journal and that is standard prove this ready Jackson senator [xx] is ready Senates we have to leave vouchers they granted for senator Brian. We also have a nurse today, with us today Elizabeth Mias[sp] of Southern Pines is here with us [xx] thank you for the adjournment of the senate house senators upon the motion of Senator Louise Payne of Wade County the chair is happy to extend courtesies of the gallery to and [xx] of Sharlet he was volunteering as and intern in the Senator [xx] office, today and tomorrow. And thanks for joining us today on the 4:00 A. M. Thank you for joining us great to see you [xx] of David Senator McGurmary county the chair is happy to extend courtesies of the gallery to Norah Hole and family Norah if you're with us in the gallery is in the senate today. May I have any report on standing committee, Senator Hyse purpose for your rise? Send forth committee report send forward your report Senator. Clerk will read. Senator Hyse Information Technology

committee submits for passage, house bill 12, grand recipient posted on grand [xx] website favorable House bill 812 calendar. Senator [xx] purpose for your rise? Send forth the roles and report You can send forward your report senator clerk will read Senator [xx] for the rules and operation of the senate submits the passage, house bill 339 and [xx] access the favorable, house bill 836, committee substitute number one, and favor as committee substitute bill number one, the favor has to senate committee bill titled; Election Modifications house bills 339, 836 calendar, Senator Brock propose your ayes. Send fourth that committee report. It is send fourth to you part senator. Clerk will read. Senator Brook, [xx] [xx] on actual resources, committee submits the passage. House bill 44. On favor he will ask the Bill but favor ask the senate, committee, substitute bill titled in active men trapping of law relating to carnival type traps. Senate Bill 647, committee substitute number one, unfavor ask Committee substitute Bill, but favor asked to committee substitute Bill number two. I mean trapping law. House Bill 44, calendar send the bill 647, calendar. Senator Daniel propose will rise? Send forth the committee report. You send forth your report Senator. The clerk will read. Senator Daniel for transportation committees submits the passes, house bill 86, unutility land relocation school board favorable, house bill 476 remains to substitute number that was lincensed donation, donate life favarable House Bill 86 calendar, House Bill 476 finance. If you have report just stand and comment. Senator [**] what purpose do you rise? Mr President motions please. Senator [**] do you have a report for your motions? Thank you Mr President, House Bill 289 money transmitter act is on today's calendar. Will it be removed and placed on next Wednesday's calendar? Objection Sir Otton. Thank you Mr. President. Senate bill 647 amend traffic law was read in a moment ago, we need to add a serial referral to the finance committee please. The objection Sir Otton. That moves us into our calendar for today, we'll be starting with local bills second reading all bills we have six of them on the calendar today without objection I would like to block vote those six. Is anybody want to pull anything out of those six? No objection we'll block vote those bills senate bill 50, house bill 73, house bill 99, house bill 217, house bill 218, house bill 353 clerk will read housebill 50, Wilson County tax modification, house bill 73, [xx] house bill 99, Town of [xx], house bill 217, Clayton de-annexation house bill 218, Clayton annexation, house bill 353, Wilson Mills  satellite annexation Question to the senate is 50 house bill 73, house bill 99, house bill 217, house bill 218 and house bill 353 on the second reading, all in favor say I, oppose say no

5 seconds we allow for the voting [xx] to record the vote [xx] I [xx] I, Meridith I 48 have inverted in the affirmative and one in the negative. Ford, Senator Ford would you like to change your Senator Ford changes his vote from no to I, 49 having voted in the affirmative and zero in the negative. Senate [xx] 50 house bill 73, house bill 99, house bill 217, house bill 218, and house bill 353, past there second reading and they will all remain on the calender house bill 337 clerk will read. House bill 337 [xx]. Do we have any discussion dicussion debate senator Bellin what purpose your rise? To explain the bill. Senator Bellin you have the floor this bill has already been voted out of hear once anomousily whatever the city [xx] has been added as remind what it does it allows the city council to delegate to their town or city manager the ability to dispose unwanted eassment I appreciate your continued support. Do we have any discussion or debate? These are screen work thank you. Any discussion or debate? Hearing none the question before the senate passage of senate committee substitute house bill 337 on second reading all in favour will say aye aye! opposed no the aye have it senate committee substitute house bill 337 passes its second reading without objection read third time general assembly act. Any discussion or debate? Hearing none the question before the senate is the passage of senate committee substitute house bill 337 on third reading all in favor say I, I! opposed no, no. The I's have it senate committee substitute house bill 337 passes its third reading will be sent to the house re concurrent in senate committee substitute house bill 415 clerk will read. House bill 415 sanitary damage that will select power [xx]. Senator Davis is recognized. Thank you very much Mr. President. Ladies and gentlemen, this just allows spontaneous dam to, establish their own electric power board, they've been buying their power from Stevie A was built the fountainer dam, and TBA is no longer going to supply them directly, and so they are going to buy at wholesale market and sell it to their customers, and raise a little money for the thriving my trouble as a fountain dam, I ask for your support. Do we have a discussion or debate? Hearing none, pass for the senates passes the senate committee substitute house bill 415 on a second reading, all in favor say I, I!, oppose no, the I's have it, send a committee substitute to house bill 415 passes as a second reading without objection beware third time. do we have any discussion or debate? Hearing none, cross for the senates passes the senate committee substitute to house bill 415, on its third reading, all in favour say aye, aye, oppose no, the ayes have it. Senate committee substitute to house bill 415 passes its third reading, it will be sent to the house for concurrence s senate committee substitute. Moving on to public bill second reading senate bill 448 Clerk will read. Senate bill 448 equalized tax from propane user no to fuel. Senator Jackson is recognized to speak to the bill. Thank you Mr. President members this bill basically would equalize tax on propane used as a motor fuel adjusting the tax rate to account for propane's lower energy content relative to gasoline and basically this bill will touch for paying based on gasoline equivalency this is very similar to what we do in last session in senate bill 786 when we done the same for natural liquefied gas and I would ask for your support be happy to answer any question, thank you Do we have any discussion or debate? hearing none question for the senate is the passage of committee substitute senate bill 448 on its second reading all in favor will vote aye oppose will vote no, five second will be allowed for the voting and the clerk will record the vote Rucho aye, Burger aye 49 having voted in the affirmative and zero in the negative committee substitute senate bill 448 passes its second reading without objection be read a third time North Carolina general assembly enact Do we have any discussion or debate? hearing none question for the senate is the passage of committee substitute senate bill 448 on its third reading all in favor will say aye, Aye! Oppose no, the ayes have it committee substitute senate bill 448 passes it third reading and it will be sent to the house. House bill 511 clerk will read House bill 511 credit union statutory changes Senator [xx] is recognized to speak to the bill   Thank you Mr. President this bill makes some conforming changes to the statute regarding credit unions section one and three deals

with deposits and 2014 congress passed credit union statue that extended the members that could be insurance could be done with what section one, two, three does, it just makes North Carolina mail conforming to Federal law. Section four is the conforming change that allows and clarifies that credit unions can invest in high education boards, and the final section, section five deals with conversation of officials. It clarifies that state chatter credit union can reimburse a board member for a spouse's reasonable expenses while travelling for credit union purposes, these provides paired with federally chartered union that can also do this, appreciate your support. Do we have any discussion or debate? Hearing none Senator Wadell for what purpose do you rise? A question for the bill sponsor. Senator Gunn do you yield for a question? Concerning, in this question comes from some members of credit union I'm associated with and they want to know answers. concerning with the reimbursement and it says that expenses for one [xx] is there any cigalin on that mouth or who can be as a case. What I can tell is that unique to the financial industry credit union boarder and reserve on a volunteer totally voluntary here at capacity, however board members can compensate for necessary business travel expands and what this does is clarify that they can reimburse for a board member for a spouse's reasonable expenses while travelling for credit union purposes, this also does bring into line with federally chartic credit unions. This was brought to us by the Credit Union Industry and I do not think it has been controversial in any way, best I can answer it. Follow up. Senator Gadi do you follow up? I do. All those spouse that the person has been reimbursed [xx] Spouses reasonable expenses. Okay, thank you. Any further discussion, or debate? Hearing none question for the senators, the passage of house bill 511 on second reading, all in favor will vote I, opposers will vote no, five seconds will be allowed for the voting and the court clerk will record the vote. Senator Davies I, Senator Van Duyn I. 49 having voted in the affirmative and zero negative [xx] housebill 511 passes a [xx] without objection your honor the 3rd time. North Carolina. Any discussion, or debate? Hearing none the question for the senate is the passage of house bill 511 on it's third reading all in favor will say I, I! Oppose no. The I's have it, house bill 511 passes its third reading it will be enrolled and went to the governor. Senator [xx] for what purpose do you rise? Sent forward the out of order. Senator to send forward your point of order. The Clerk will read. Sen. Rucho of the Redistricting Committee submits for passage House Bill 262, unfavorable as to bill but favorable as to Senate Committee Substitute Bill titled City Elections/Trinity and Greensboro. House Bill 263, calendar. Senators, we're moving on to three concurrence bills. Senate Bill 60. The Clerk will read. Senate Bill 60, No-Contact Order/No Expiration. Sen. Bingham is recognized. Thank you, Mr. President and ladies and gentlemen of the Senate. Senate Bill 60 you've heard we've all voted unanimously in the past on this. The House has added a provision that be over and I'm happy to say that Charlotte was really pleased with this addition, and some of the staff from City of Charlotte came by to thank me for this provision and I would urge your concurrence, and so you'll feel more comfortable Representative Stan and Representative Glazier both worked on this bill in conjunction. The Senate Bill 60, the initial bill, the lady that Mr. President you introduced earlier and her family are the ones that inspired the

formulation of this bill I appreciate them being in the gallery and taking their time to drive down here, but I would urge everyone's concurrence and thank you very much, happy to answer any questions. Senator Bingham I see you concur, do we have any discussion or debate on the motion? Hearing none the question before the Senate is the motion to concur in the house committee substitute to Senate Bill 60, all in favor vote aye aye oppose the vote no five seconds will be allowed for the voting clerk will record the vote. 49 having voted in the affirmative and zero in the negative, the Senate concurs. And house community substitute Senate bill 60, and it will be enrolled and sent to the governor. Senate bill 83 Clerk will read. Senate bill 83 Criminal law, filing false document. Senator Birmigam is recognized. Thank you Mr. President, ladies and gentlemen. The senate bill 83 there was a slight modification, but AOC was involved in in his change as well as register of deeds and council of court I more have no objection to this bill getting all these thugs together and agree on something, thank you. Senator as you concur Senator Apadoca for what purpose of your rise? Mr Senator Berm yield for a question, Senator Berm do you yield? No. [xx] Senator you have the floor. Mr. President I've been here 13 years now and I think it's the first day I've ever seen senator Berm wear a real necktie instead of a clip on Mr. President, Senator Berm a person [xx] as a doctor, thank you do you have any other discussion to debate on the emergency to concur, hearing non requesting for the Senate emergency to concur on the house committee sub [xx] bill 83 all in favor vote aye, opposers vote no, five seconds to be allowed for the voting and the clerk will record the vote 49 having voted in the affirmative and zero in the negative, the senate concurs in the house committee substitute, whose senate bill 83 will be enrolled and sent to the Governor Rapadaca for what purpose of your rise? Mr. President a motion please. Senator Rapadaca has the floor for motion. Mr. President our next concurrence vote as senate bill 488 move that it will be removed from today's calender and placed on to Mars Objection so ordered. Moving on to let have it carried so as we were waiting on her house job resolution come over from the house you know but [xx] right now is the ready by [xx] senator [xx] thank you Mr. President I want us to change my vote on the road car bills at the black lobe the from hi to no. So we made the changes as welcomed hi to no [xx] get your final [xx] 48-1 Senator tell me for a purpose for your rise.  Mr. President a moment of personal probably as well we were waiting for the house. Senator Tillman you have the floor a point of personal privilege. Thank you, I don't know how many of you read wall street gentlemen I don't even know how many of you can read, but I'm assuming that all 50 have can well street general had a great article about North Carolina's economic climate over the last three and a half to four years I don't know if you've read it or not, but there is the Wells Fargo economics group I've done some research and then the last three and a half four years unemployment paid has been cut in half most of now than half, but this

article came out early June I keep on it being you I find deficit has been wiped out we will be wiped out in a few weeks completely, we cat tax rates copy upper in two four Kansas did basically the same thing, but Kansas' economy is still in the [xx] just did all these things except one. They didn't cut spending so there budget has not reacted and they don't have a 400 million dollars surplus like we got corporate rights from 6.9 to five and they will go to four, and possibly lower these things have had an effect. And the net effect is in our tax and business planet, we've moved from 44th to 16th these are not figures that you could equive over you might say well some group was left out so fourth, but these are hard that the Wallstreet Journal has covered, and I think it's interesting reading it. If you haven't read it you might want to do so Senator Rapadoca for what purpose of your rise. Thank you Mr. President for a moment of personal privilege. Senator Raven you have the floor for a point of personal Thank you, was that Senator [xx] that you wanted to talk to? On a happy note Senator [xx] I would to announce that my hometown South Port has been by [xx] elected or won and the happiest coastal town in the United States of America. We've competed with California, [xx], with Texas, South Carolina, even [xx] beach but Southport, North Carolina is the happiest coastal town in America. That's something that you should all be proud of that I'm proud of, and I'd like to welcome you all down there and I will say this, as always, it's always sunny at the beach Mr. President Senator [xx] for what purpose do you rise? Another moment of personal privilege. You have the floor.  I've seen that looks like [xx] [xx] we've got plenty of time, we're not going anywhere until about 10 o'clock tonight. Senator Raven, I was down in Southport this past weekend, caught some of your good fish right there and it was a very happy place while I was down there and I can tell you that now. But now, I did want to ask you one question, was it happier since you came up here? or before you came up here? Both Mr. President senator [xx] what purpose your rise am on a personal privilege. Senator Smith I think we have a floor for a moment of personal privilege. Someone near and dear in this chamber is celebrating a very special day today, I'm so happy for her, I hear there's some strange people, where she comes from but I am so proud of Senator Van Duyn who today is celebrating her 42nd wedding anniversary. Besides every good woman, is a good man Senator Apadoce  for what purpose do you rise? I want to see if senator Tillman Mr. President we need to recess about 3:15 please senator we will stand in recess until 3:15 subject to ratification bill and messages from the house we send the recess Ratification ob bill clerk will read. [xx] presentation to the governor senate bill 25 an act to clarify when a county a municipality may the only [xx] related to the am following senate bill 154 an act to clarify the operation of [xx] immunity from prosecution drunk alcohol related offences committed by an individual expense in drug alcohol related over those and individual who resist for an individual and experience drug or alcohol related overdose to provide additional requirement and conditions that must be met before the limited immunity will be published that a person shall not be subject to arrest or revocation or pre-trial release probation, parole or post-release based on offense for which the person is immune from prosecution, to provide that a law enforcement officer shall not be subject to civil liability for arresting a in a parking entitled to immunity from prosecution to law enforcement officer act in good faith by [xx] you

may dismiss an OPN and as upon receiving a  prescription this year accordance with the DS 90 106-2 and provide pharmacists [xx] civil or criminal liabilities, Senate bill 487, act to update outdated and obsolete provisions in chapter 108 I 'll be dealing with a statute in the north in state health choice program in order to avoid confusion by stakeholders and to increase efficiency program. House bill 560, an act to provide that it is a felony to assault hospital personnel and licensed health care providers, who providing or attempting to provide service in a hospital. The following bill duly ratifies popular role and prepare for presentation to secretary of state. Senate bill 139 an act carter of the town was fell that to authorize the town to adopt and enforce ordinance relating to parking senate bill 14 an cat to reduce the number of member serving on the Cumberland county civic center commission exits from the house, house bill 615 committee substitute, an act to establish court cause to be paid by probation violate refer to [xx] they're quite full of [xx] to finance House bill 424 act to extend the provision of foster care today to 19 years, and make various statutory changes authorize the social services permitting this pertinence foster care to 819 provides for the extension of guardianship service to 819 requires permission of a state plan, ability to draw, dam federal, IVE funds and the expansion of foster care bill 819 in appropriates fun to implement the purpose of this act, refer to health care. This is a bill that would have committee substitute to allow food stamps, to provide tables and chairs while consuming drinks and food upon the premises and to authorize push carts prepare and serve food on a premises provided by their base from a [xx] restaurant located on the premises still in contain in 3000 permanent seats. You see for [xx] committee serves, June 10th 2015. From the house, house guard resolution 670 the [xx] resolution army in the life and memory of Edward Smith legendary mens' basketball coach of university of North Carolina team Taperhill. Edward Smith legendary mens' basketball coach of university of North Carolina team Taperhill the doors, members to go to the seats. Members and guests in the gallery please silence all electronic devices. Mr. President Senator Harrington for what purpose do you rise?   Change my vote on senate bill 50, from aye to nay I let one slid by me. Senator  Harrington changes her vote on senate bill 50 from aye to nay. Thank you.  47 to two is the final count. Senator Apodaca For what purpose do you rise? Mr. President I believe the message from the house had been received, I move that it be brought before us consideration and also be read in some [xx].  Any objection its an order on resolution 70 the clerk will read and it' entirely.  House joint resolution 670, a joint resolution owning a memory being [xx] basketball coach of university of North Carolina whereas Dean Edward Smith was born on February 28th 1931 in Emporia Kansas to Alfred and Vesta Smith both public school teachers whereas Dean Smith graduated from Tupacah high school in 1949 and attended the University of Kansas on an academic scholarship, during which time, he was a student athlete playing basketball and baseball and freshman

football  and he was the member of [xx] basket ball team that won the NCAA title in 1952 and finished second in 1953, he has graduate college in 1953 James Marshal named at the University of Kansas where he served as as assistant basketball coach before [xx] and were as in 1954 this made John the US air force were he played and coached basketball in Europe and later served as assistant basketball coach for Bob Sphere and with the head coach of the air force talent is base ball and golf team [xx] in 1958 coach became an assistant [xx] at the University of North Carolina chapter [xx] UMC and in 1961 at the age of 30 became a headcoach when coach Magwaya resigned to become head coach on the NBA [xx] warriors. The Warriors in 1966 coach Smith helped intergret UNCA athletics by recruiting Charles Scott, the first African-American scholarship player at the university and one of the first black athletes to sign a major college in the south, whereas with a firece spirit ad found a place, coach Smith guided the torehill NACC play to a record 364 to 36 and won 13 ACC tournament titles and finished at least third in the ACC regular season standing for 33 consecutive seasons, including 17 first place titles, 11 second place finishes and five third place finishes. And whereas the Tarheels under coach Smith's skilled hand won at least 20 games in 27 straight seasons, including 30 of his last 31 games, a record matched by no other coach. And whereas coach Smith led his team to 27 NCAA appearances of which 23 were consecutive, 13 straight sweet 16 appearances from 1981-1993, 11 final four appearances, NCAA championship in 1982 and 1993 and an NIT championship in 1971 and whereas as head coach coach Smith was instrumental in guiding the United States basketball team to a gold medal at the 19 76 Olympic games. Whereas on March 15 1997 coach Smith became the all time winning this coach in history of NCAA division one basketball by passing Adolf Roff's record of 876 wins. where [xx] retired from [xx] October 9th 1997, with a record of 879 254 and a distinction of having one more games than any other division one men's basketball college coach in history, a record that held until 2007, and whereas at UNC, coach Smith established a tradition of doing his 36 years of head coach during an outstanding means basketball panel program made of young men who see not only on the basketball court, but also in the classroom, where they achieved a graduation rate better than 95%. and last coach Smith created or perfected the run and jump and scramble defensing, the team hurdled before a free throw the clenched fist to signal they needed rest from the game, the acknowledgement of an assist by pointing to the passer in the four corners offense that proves so effective, the shot clock was instituted by the NCAA, in 1985 and whereas many of coach Smith's players went on to become professional basketball players, basketball coaches, entrepreneurs, professionals and other leaders. Many of whom still contribute to their communities throughout the world, whereas, coach Smith receive numerous awards in honors as he was named the ACC coach of the year eighth time national coach of the year, 4 times, and the sportsman of the year by Sports Illustrated and received [xx] award for

courage at the SB Awards and A was chair for award, and whereas coach Smith was a first recipient of the Mentor Award the lifetime achievement given by the University of North Carolina Committee on Teaching Awards for a broader range of teaching beyond the classroom, and was the recipient of the honor of the long leaf pine in 1988 and the president of [xx] of freedom in 2013, the highest civilian  award granted by the United States' government and whereas coach Smith was recognized by the sport century, an a award winning programme on ESPN as one of the top seven coaches of the 20th century was honored with the University Rewards, the highest distinction bestolled by UNC in 1998 in recognition of his to last service to higher education in an [xx] from UNC in 2007 which recognized an outstanding service to humanity in the world arena in our nation, in the American south, or out state of North Carolina. People who have made outstanding contributions to the knowledge in the world of scolarship, people whose talent and creativity [xx] has risked our lives and people who devotion to and support of our university merits our highest recognition and whereas Coach Smith was inducted into North Carolina Sports Hall of Fame in 1981 Nay Smith, Memorial Basketball Hall of Fame in 1983. National [xx] Basketball Hall of Fame in 2006 and FIBA Hall of Fame in 2007. Whereas coach Smith, was a very humble man. He did not seek fame or fortune or recognition to any of those things he did for others. Whereas Coach Smith he was a man of great character who believed in equality for every citizen that was demonstrated over and over in his life's work. Including when he in the late 1960's in the integrated the segregated Capital Hill restaurant when he walked in with his pastor and a Black theology student and whereas Coach Smith was feared and loved my his players, coaching staff and members of the UNC Basketball family and respected and admires by his peers colleagues and UNC fans and whereas Coach Smith was an active member of Baptist church o Binkley Capital Hill, and whereas Dean Smith died on February 7, 2015 at the age of 83, leaving his wife [xx], children Sharon, Sandy, Scott, Kristen and Kelly, seven grandchildren and one great grandchild to morn his life. Now therefore being resolved by the house of representative is the Senate concurring? the General Assembly honors the memory of Dean Edward Smith, former Head coach of the men's basketball team North North Carolina, Capital hill and expresses the appreciation of this state for his many contributions to the game of basketball. The university of North Carolina Capitol Hill and there by the entire state of North Carolina as well as public education and Section two, the General Assembly extends its deepest sympathy to the family of Dean Edward Smith for the loss of a beloved family member. Section three, the Secretary of State shall send certified copies of this resolution to the family of Dean Edward Smith. Section four, this resolution is effective upon ratification. Senator Gunn is recognized to speak to the resolution. Thank you Mr. President, it gives me great honor and privilege today to stand before you and to speak to this resolution honoring the life and memory of Dean Edward Smith. What a wonderful tribute and I'd like to thank the members and staff and others who worked tirelessly to craft such a beautiful tribute. Members nobody, nobody believes more Carolina Blue than I and you know that, so I will try not to speak too long because I could talk days about Dean Smith and Carolina basketball. But I do have a couple of personal reflections I would like to share. We know his basketball record speaks

for itself, but you know what? He was a better life coach than he was a basketball coach. His players simply referred to him as coach. My Smith, that's the formal address but it was coach. And I will argue with you today that to them coach was almost synonymous with dad. To this day, players of all statute and will and accomplishment, to this day annually, they come back in droves to Chapel Hill. They come home to their family and to the father of that family which was Dean Smith. Respect, loyalty, unselfishness. It was all about team. Think about it, he started the huddling at the freethrow line. A clenched fist when you needed to come out because it would have been selfish for you as a tired player to continue to participate because you'd be letting your team down. And pointing out a passer when a great assist was made and allowed you to score. Do you realize today in high school, junior high and even in the pros, these things are still practiced and it started with coach Smith. Because of his his actions on and off the court, people are so loyal and respectful of coach Smith. And I would tell you and argue that the best way I could express just how loyal people were with his good friend and wingman coach Gill Garth which we lost as part of our Carolina family recently. Coach Gothad could have gone anywhere and coached basketball at the top level and he would have done an extraordinarily great job, but what coach Gothard all we said was there is no better job then being an assistance coach at Chrapol hill. In closing I would like to read a letter that was sent by coach Smith it was dated September 30th 1980. It was addressed to Mr. And Mrs. James Jordan and Michael. Dear folks, we surely enjoyed having you as our guest this passed weekend in Chapel Hill. Fortunately we were able to get to know you folks much better and count you as good friends. We are also hopeful that Mike was able to learn more about the University of North Carolina and what it would be like as a student here at Chapel Hill. I do look forward to our next contact on Sunday November 2nd in Woolmington[sp], by then you may have additional questions regarding Michael's attendance at the university. We will call periodically until then. I know Michael will continue to work hard academically as well as on his basketball. Please do not let the recruiting interfere with the most important thing of doing well academically and athletically, in this your senior year. All here in hum our  join me, in sending along, their warmest, personal regards. You probably noticed a theme there, Coach Dean Edward Smith, just like this letter, it was always more, and just about basketball. And members, that is why I am, and I will always be proud to be a Tar Heel. Senator Fushi[sp] is recognized to speak to the resolution. Thank you Mr. president. Most people knew Dean Smith as the legendary Basket Ball coach, I had the opportunity to know him, as the parent of good friends. When up in chapel, he allows his friends with his daughters Sharon, and Sandy, and while much is made of Coach Smith's recruitment of Charlie Scott, and other African American players to UMC, I can tell you that he pushed those values at home too, teaching his children to accept, and embrace diversity, because, every when matters, and he practiced what he preached, whenever the girls invited me to their home, I was amazed that coach Smith would come downstairs, and speak very warmly, before retreating back to his work. He made us all feel valued, he made us feel important, and more recently I've got into work closely with another of Coach Smith's daughters, Christine.

And through her, I see, that he also instilled his children, his deep dedication to education, civic engagement, and doing what is right. While his career coaching records speaks for his success as a coach, the truer measure of a man, is how he acted as a community member, and a parent. Dean Smith worked for what was right while on the court, at the kitchen table, and in the community, motivating his family, his friends, and his friends and his fans, to aspire to being people of character, I was proud to know him, and today I am proud to honor his legacy, and I commend the resolution to you. Thank you, Senator. Sen. Barringer is recognized speak to the resolution. Thank you, Mr. President. I arise today to speak to you really as much from a personal stand point. I was a student at UNC Chapel Hill when Dean Edward Smith was the coach of the UNC Tar Heels, and I have made no secret about being just an unavowed geek. I'm not much for playing sports, but the thing that he taught me was the lessons that sport can provide. He inspired and lived excellence. He demanded of everyone around him, and he demanded no less from himself. The most remarkable thing about it though, he did it with such grace and humility. And that is a rare thing in this world today to see someone who demands excellence and yet does so with humility. And so I commend this to you, and it's truly a privilege that I'm able to speak with such fondness of him today, not only as a former student of Chapel Hill but also as a correct faculty member he is a great man and will ever be so, thank you [xx] focus your eyes Hey Mr. President, did you debate the resolution? You have the four center I grew up in Chapel Hill in the 70's and early 80's and growing up in that ara, you can just imagine how important Carolina basketball was to a kid. I had the pleasure of going to many many games and whenever Carolina was down, second half, as long it went above 20 points and even sometimes it was more than 20 points, it was just this sense of confidence and karma that the Hills were going to pull it out and it was because coach Smith was such an incredible coach and leader but even as a young boy and certainly as I have aged, I have to appreciate that coach Smith was so much more than just a successful basketballer coach, you think of some of the attributes that the Senators have mentioned here tonight; innovator, loyalty, humility humanity and social engagement. These are all incredibly admirable characteristics in any person, or what is so rare, is for them to all be present with such depth and intensity in one person and that is one reason I think why coach Smith has had such a great impact on our state and if you ask yourself, over the past 50, 75 years, what North Carolinian's have, had the greatest national and international impact and I think, names like Billy Graham, and Dean Smith, are at the top of the list of people who we could come to think of, and so as a honor I'm very pleased. Senator Goden brought this resolution to us today, and to his family, thank you for the sacrifices you did, because for somebody who've done all that he did, and accomplished all that he did, meant that he wasn't probably home, as much as other parents were, and so we know that you gave of yourself So that he could give of himself to all of us and we are very much appreciate that.  Any further discussion or debate? Hearing none, question for the Senate is the passage of House Joint Resolution 670 on it's second reading, all in favor favor will vote aye, oppose will vote no, five seconds to be allowed for the voting, and the clerk will record the vote Parker.  48 having voted in the affirmative and zero in the negative house joint resolution 670 passes its second reading without objection. Will be read a third time. The general assembly, North Carolina next A discuss or debate Hearing none, the question for the senate is the passes of house joint resolution 670 on its third reading. All in favor say aye? Aye.  Opposed no? The ayes have it. House joint resolution 670 passes it's third reading and it will be enrolled. Senators, the chair is happy to extend courtesies of

the gallery to members of the Dean Smith family wife Wanaya[sp?] Smith, and daughter Christine Smith are here with us, please stand and be recognised. Thank you for joining us in the senate today. Mr. President? Senator Baraka[sp?] for what purpose do you rise? Make a motion. Senator Baraka[sp?] you have the floor for a motion. Let the word spoken on the resolution be spread upon the journal. So ordered. That ends our calendar for the day, Do we have any notices, or announcements? Senator Heinz for what purpose do you rise? Announcements. Senator Heinz you have the floor. Thank you Mr. President, members of the Senate the senate committee in health care will meet tomorrow at 10 A. M in room 544 we will be up House Bill 327, House Bill 467, House Bill 652 and House Bill 766 looking forward to see you all here tomorrow. Any other notices or announcements? Any further business come forth in the senate? Now the chair recognizes Sen. Berger for a motion. Thank you Mr. President I move that the senate be now adjourned subject to the standard stipulations set forth in Senate Rule 24.1. The receipt of committee reports the appointment of conferees ratification of bills, receipt of house messages to reconvene on Thursday June 11th 2015 at 11 A. M. And Mr. President if I could, I'll remind the members that there is a commerce committee meeting immediately after session it was scheduled to start at three o'clock so it will start as soon as spokesman get to the committee room and will last as I understand it one hour. Thank you senator, the motion is the senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Thursday, June 11th at 11.00 A. M. Seconded by Senator Gun. All in favor say aye opposed no the aye's have it the senate stands adjourned.