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Senate | June 7, 2016 | Chamber | Senate Convenes

Full MP3 Audio File

[BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO] [SOUND] [BLANK_AUDIO] Senate will come to order. Sergeant at Arms close the doors. Members will go to their seats, members and guests in the gallery will please silence all electronic devices. Leading the Senate in prayer is, Rev. Peter Milner and Senate Chaplain, all members and guests will please stand. [BLANK_AUDIO] >> Heavenly Father this is the day that you have made and as we're electing future leaders today, would you please have your hand of peace on all those in these races. Would you be the win behind their backs, would you remind us the amazing privilege that we have to be able to be freely voting in this hope of forming a more perfect union, and it's in Jesus name we pray. Amen. >> Amen. >> [BLANK_AUDIO] >> Senator Pateis recognized for a motion. >> Mr. President, the journal of Monday June 6th, 2016 has been examined and is found to be correct. I move that the senate dispense with the reading of the journal and that it stand approved as written. >> Without objection that journal for June 6, 2016 stands approved is written. Members leaves of absence are requested in without objection are granted for Senators Smith Ingram, Tart and Brock. I see senator Smith Ingram is here so [BLANK_AUDIO]. Members we have a nurse of the day today nurse Athena Frank of Rural Hall, North Carolina is in the back of the chamber. Nurse Frank, thank you for being here today. >> [APPLAUSE] [BLANK_AUDIO] >>And members it appears our galleries are full today. We have several courtesies upon the motion of Senator Valerie Foushee of Orange County. The Chair's happy to extend courtesies to the advocates for the North Carolina AIDS Action Network, recognizing HIV/AIDS Advocacy Day. If you're here on behalf of that organization if you'd please stand. Thank you. >> [APPLAUSE] >> And members, upon a motion of Senator Bill Cook of Beaufort, Camden, Currituck, Dare, Gates, Hyde [INAUDIBLE] Senator Cook you got anymore than that? >> [LAUGH] >> County is sure as happy to extend courtesies to the Honorable Andy Womble, District Attorney for the first prosecutorial/g district. Nephew of Judy Edwards, Legislative Assistant for Senator Andrew Brock, District Attorney Womble if you are in the gallery, would you please stand. Thank you for being with us today. >> [APPLAUSE] >> And to put into the motion of Senator Tillman of more and round-off counties is sure and happy to extend courtesies to the associated builders and contractors for the 9th annual Hard Hut Thank you for being here today and for your promotion of safe and ethic work in the construction industry as well as providing efficient workforce development programs if members of that organization are here if you please stand. >> [APPLAUSE] [BLANK_AUDIO] Words of standing committees. Senator Hansen/g [INAUDIBLE] >> I send forward the committee report Mr. President. >> Send forward your report. [BLANK_AUDIO] Clerk clerk will read. >> Senator [INAUDIBLE] did you just share one committee,

submits the passage, house bill 958 [INAUDIBLE] boarding [INAUDIBLE] law. >> Calendar. Senator Davis for what purpose do you rise? Send forth committee report Mr. President. >> Send forth your report. >> Thank you. [BLANK_AUDIO] >> Clerk will read. >> [BLANK_AUDIO] Senator Don Davis for state local government committee submits for passage. House Bill 1083 [INAUDIBLE] Initiative in referendum. Favorable. Say Bill 880, abolish [INAUDIBLE] County calendar also favorable. >> [INAUDIBLE] >> Both of those counter measures So house bill 958 which was read in earlier from the J1 committee that actually has sequential referral to the financial committee. [BLANK_AUDIO] Any other committee report? Senator Apodaca what purpose to do you rise? Mr.president motion please. >> You have the floor >> Thank you Mr.president .Members,house bill 881 adopt state cap current committee referred committee on health care>> No objection>> Thank you Mr.president >> After the vote today on senate joint resolution 891 honoring wanted ask to be sent it to the house by special messenger. >> Without objection >> Mr. President >> Senator Apodaca ->> In addition senate bill 881 if it's passes today needs to go by special messenger to the house >> Without objection. Introduction of bills, clerk will read >> Introduction of bill, senate joint resolution 891, a joint resolution honoring the life and memory of Lindsay Carter Warner Junior, sponsor Senator Lee Davis So with the motion of Senator Apodaca that senate joint resolution will be placed on the calendar today. [BLANK_AUDIO] [BLANK_AUDIO] Members we're now ready to go to the calendar, any business before we take up the bills that are on today's calendar? Senate bill 881 81 the clerk will read. >> Senate bill 881, union county school funding. >> Any discussion or debate on this local bill? >> Mr. President >> Senator Waddell, for what purpose do you arise? >> To ask the bill sponsor a question >> Senator Tucker do you yield? >> Yes sir. I do. >> He yields. >>Thank you. In conjunction with this bill Senator Tucker, is this bill being presented as a way of being cautious, as a way of prevention? And I say that because many times we have things that we present in this way, all the systems will begin to model what they see. So that's my question is it prevention, is it being cautious? And another reason I asked is because, we passed Senate Bill 5 and the provisions in Senate Bill 5 similarly may have covered The information here. >> Senator, this bill simply goes through the current Union County budget cycle, and after that it's completed then it has no further dates or implication. It is certainly to prevent the school board and Union County from suing in this budget cycle only. Which I don't think is gonna happen as I said to you in committee if you ask the school board whether or not this is needed, they probably tell you no. This was a request of the county commissioners. They've had two good meetings in the last couple of weeks. And in November we'll have a new chairman, which currently their board chairman has resigned and it sent a little disarray over there, but they are working through the process. But the county commissioners asked for just this budget cycle. So yes ma’am it is a prevention from the school board from suing the county commissioners and the In this budget cycle only when the new board and the new chairman are elected in November hopefully in a good faith effort they'll

be able to have good relations moving forward and won't end up in law suits. >> Further discussion or debate. >> Yes follow up and thank you your - >> Yield for followup? >> Yes sir I do. >> He yields The other thing concerning that you are right have been in conversation with some of those members because we've worked together in some other things and continue to work together on some of the issues, and senate bill which was a unique kind of bill also it's in number one in senate five Said it prohibits the Union County Board of Education from initiating litigation over the sufficiency of the local appropriations of the local current expense fund, the [INAUDIBLE] fund are both and it will for the fiscal year 2014/15 and 2015/16 so was that Not sufficient to cover what we'e doing in the bill that we're talking about 881? >> Well I'm embarrassed to say some people in Union County don't know what they want originally when that bill was filed also [INAUDIBLE] Gassing county was allowed to [INAUDIBLE] back on that bill the Union County commission at last minute decided that they did not I want it, it went on through anyway and the following session we repealed the Union County provision and so this is exactly the same thing is just for one budget cycle as a precautionary measure to stop the suing so if you recall and I don't wanna speak tool long on this school School board sued got a $91 million jury award it was appealed an then an appellate court they denied that action, and sent it back to the lower courts. So the relationship has not been great both boards retain high high dollar attorneys one to sue and one in case you get sued. So this is just an opportunity for everybody just to cool off, and to work through this process and hopefully in November they'll get back on it even cue. >> Okay thank you. >> Thank you for your question senator, thank your Mr. President. >> Further discussion or debate on senate bill 881. Senator Waddell I think you're microphone is still on, further discussion or debate? Hearing none question before the senate is passage on second reading on senate bill 881 all in favor will say aye, >> Aye >> All opposed no, the aye have it. The senate bill 881 has passed it second reading and will without objection be read a third time. >> North Carolina General assembly enacts. >> Further discussion or debate? Hearing none, the question before senate is the passage of senate bill 881 on it's third reading all favor will say aye >> Aye >> All opposed no, the ayes have it and senate bill 881 has it's passed it's third reading and will be sent to the house via special messenger. Senate joint, hold on [BLANK_AUDIO] Members in preparation for senate joint resolution 891, the sergeant at arms will secure the doors. Pages will be seated. Members and staff are reminded to stay seated during the resolution. [BLANK_AUDIO] Senate Joint Resolution 891. The clerk will read in its entirety. >> Senate Joint Resolution 891. The Joint Resolution honoring the life and memory of Lindsay Carter Warren, Jr. former member of the General Assembly. Where as Lindsay Carter Warren, Jr. was born on October 8, 1924 in Washington, North Carolina to Lindsay C. Warren Sr. Sr. and Emily Harris Warren. And whereas Lindsay Carter Warren, Jr. spent most of his childhood in North Carolina before moving with his family to Washington D.C. And whereas Lindsay Carter Warren, Jr. graduated from Woodrow Wilson High School in Washington D.C. in 1942, and earned a B.S. degree from the University of North Carolina at Capital Hill in 1948. And whereas Lindsay Carter Warren, Jr's college education was interrupted when he enlisted in the United States Coast Guard after his freshman year. He went on to proudly serve his country as a member of united states cost guards from 1942 through 1946. Serving 18 months aboard the USS Wake Vile in the Atlantic Mediterranean and pacific theater of operation during world war two. And whereas Lindsay Cutter Warren Junior was awarded a Jurist Doctorate from the law school at the University of North Carolina at Chapel Hill in 1951.

During which time he served as an associate editor of the Law Review and was a member of the Order Of The Class and [INAUDIBLE] and whereas Linda Carter Jr. packed this law was the firm in [INAUDIBLE] North Carolina mainly in the area of civil law and had a law career that lasted over 50 years. And whereas Linda Carter or Warren Junior served his profession as a member of the North Carolina Bar Association and the American Bar Association. Whereas Lynda Carter Warren Jr was an active member of several civic organization, including the board director of Wayne Memorial Hospital, and The Goldsboro City Board of Education. America's 100th anniversary Committee as chair at St Andrews [INAUDIBLE] college board trustees as chair. Whereas Lynda Carter Warren Jr was a faithful alumnus of North Carolina Chapel Hill serving as president of both the general and law school associations. And as a member of the board of visitors and whereas Linda Carter Warren Junior served with honor an distinction as a member of the State Senate during the 1963, 1965, 1967, and 1969 sessions of the General Assembly. And whereas during his tenure in the general assembly Senator Warren served as chair or vice chair of several standing committees and study committees including the community on courts and judicial districts and appropriations and whereas [INAUDIBLE] served chair of the North Carolina courts commission, vice chair of the North Carolina board of higher education. Chair of the governor's study commission on structural organization of higher education and as a member of the North Carolina advisory budget commission. And whereas Linda Carter Warren Jr received numerous honors and awards including the [INAUDIBLE] Parker award for conspicuous service to the [INAUDIBLE] from North Carolina Bar Association. The University of North Carolina Chapel Hill, School of Law award for distinction [INAUDIBLE] professional excellence, distinguish Alumni Awards from the University of North Carolina Chapel Hill. Christopher [INAUDIBLE] memorial award for significant contributions to preservation of North Carolina history, the North Carolina Society Award and a distinguished citizens award from the [INAUDIBLE] Rural Council the board First scouts of America and whereas Linda Carter Warren Junior was a devoted member of the first Presbyterian church in Goldsboro where he was [INAUDIBLE] and whereas Linda Carter Warren Junior was preceded in death by his first wife Grace B Warren. And whereas Lynda Carter Warren Jr died on April 11th 2016 at the age of 91, and whereas Lynda Carter Warren Jr is survived by his wife, Mary Tots/g Smith Warren three daughters Adrian W Narnington/g, Emily W Mignare/g And Grace W Johnson. Step children Robert B Mckinsey/g the 3rd, Mary Todd Mckinsey and Julian J Mckinsey and 13 grandchildren. Now therefore be it resolved by The Senate, The House Of Representatives concur Section One, the General Assembly honors the memory of Lindsay Carter Warren Junior and expresses its appreciation for the service he rendered his community, state and nation. Section Two, the General Assembly extends the sympathy to the family of Lindsay Carter Warren Junior for the loss of a beloved A family member. Section Three, the Secretary of State shall transmit a certified copy of this resolution to the family of Linda Carter Warren Junior. Section Four, this resolution is effective upon ratification. >> Considered gone, Davis is recognized Thanks Mr. President. And members, today I rise with great honor, to recognize and hold on to the legacy of Senator Lindsay Carter Warren Junior. Senator Warren, he was destined truly Truly for pubic service. He was walking literally in the footsteps of his great grand father as well as his father and Senator Berger and his father actually

served in this chamber as the president [INAUDIBLE], And he went on to serve in the US congress. And eventually made his way to lead the GAO. 46 years later, Lindsay Junior would show up to also join this chamber, and even though he traveled in the footsteps of his great grandfather and father, he truly distinguished himself He went on to serve our country and the US Coast Guard in [INAUDIBLE] he was indeed a part of the greatest generation and served our country in world war II, eventually he made his way back home Back home as was shared and went to UNC Law School and went on to practice law for 50 years, and to distinguish himself. To serve as the president of the Bar, not only that. To be inducted in the general Practice hall of fame, that speaks volumes, but I can tell you this, you've heard of as many positions that held in [INAUDIBLE] but one that I hold dear, and I believe above all He truly, truly loved his church. And as a Presbyterian I can say Senator Blue was a good Presbyterian and he served First Presbyterian in Goldsboro. And it's the bible that reminds us, my friends, that the Lord makes firm the steps Of the one who delights in Him unless deep firmly rounded in my belief that Lindsay took many steps that were firmly rounded. So as we come before you today, what a person. 91 years of life. And to his family who's here Toddy/g thank you so much to his children, to the grandchildren who are here today. Thank you for being with him. And supporting him and do know that as you come to travel in the environment that he knew so well that this state is grateful for his service, and better having that he served. So I stand today Not only to commend as joint resolution to you, but to truly salute an outstanding American, North Carolinian, and just a down right remarkable person. >> Further discussion or debate, Senator Pate for what purpose do you rise? >> Speak on the resolution. >> You have the floor. >> Thank you Mr. President. Thank you Senator Davis for initiating this resolution, and I'm so delighted that the family is able to join us today as we pay our respects to someone who served here long before any of us. He served from 1963 to 1969. Now, I have heard that the General Assembly moved into this building in the 60's. So that would mean that he was part of that Moving effort and so that was a good while ago over 50 years ago. His last term of service here in this building was 46 years ago. Stop and think about that, it's been a long time that people have trumped upon this carpet and in this chamber. But Lindsay Warren was here and we're so grateful of that. One of the things that's still his lasting credit, one of the things that he accomplished that's so important to this day he re-organized, he was the chairman I believe was the re-organization committee of the court system in the State of North Carolina. Made some massive changes to the trial courts and did a great deal of work in that area, got rid of Mayors Court And Magistrates Courts and this other courts that were around and settled on. I guess he was the one who came up with the idea of district courts maybe I'm mistaken on that but that's what I've heard.

But at any rate the court systems and the districts were his handy work and so we are to this day appreciative of that. He was the chairman of the North Carolina courts commission and did a whole wealth of things that were so very important to our state back at that time, did mean a bit of research to find out where which chairs senator warren occupied while he was a member of the Senate. We came up with two seats in 1963 he was in seat 47, and for the rest of his remaining three terms. He was in seat 46. Now if the seats are partisanly meted out like they are now, someone's been doing some work since then. Because Senator Warren was a democrat and for him to be seating in seat 47 back in those days, there must have been a lot of democrats in this chamber. But anyhow Senator warren was a great fellow, I knew him in my getting around in Goldsboro quite a bit and he would always speak to me and ask how things were doing in the general assembly and seemed to be very interested in what was going on up in Rayleigh, until his last days, I commend this resolution to you and we are certainly glad to welcome the family here today Mr President. >> Further discussion or debate? Hearing none the question before the Senate is the passage of Senate joint resolution 891 on its second reading all in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting the clerk will record the vote. [BLANK_AUDIO] Senator Rucho aye, 48 having voted in the affirmative and none in the negative, Senate joint resolution 891 passes its second reading and will without objection be read a third time. >> The general assembly of North Carolina enacts. >> Is there any further discussion or debate? Hearing none all in favor of the passage of senate Joint resolution 891 on it's third reading will please stand. [BLANK_AUDIO] Senate joint resolution 891 passes it's third reading and will be sent to the house by special. messenger. Members, on behalf of Senators Davis and Pate, the Chair's happy to extend courtesy to the family of former Senator Lindsey Carter Warren Jr, wife Mrs. Mary-Todd Warren, children Adrian and Jim Northington, Emily McNair, Grace Johnson and Julie McKenzie and grandchildren, Grace, Jane Randolph, Louis, Adrian, Emily, John and Ben. I believe you're are up there. If you please stand Thank you for being here today. >> [APPLAUSE] [BLANK_AUDIO] Notices and announcements. >> Senator Apodaca for what purpose do you rise? >> Move that the words spoken be placed upon the journal. >> Without objections so ordered. Senator Brown for what purpose do you rise? >> An announcement. >> You have the floor. >> Republicans will caucus immediately after session. >> Are there further notices or announcements? > Mr. President. >> Senate Apodaca >> Send forth this committee report out of order. >> Send forward your report. [BLANK_AUDIO] Clerk will read. >> Senate Apodaca, the rules and operations of senate committee. Submits for passage house bill 169. Senate commence substitute number one, unfavorable as the senate committee substitute bill number one but favorable as senate committee substitute bill number two. [BLANK_AUDIO] Calendar. Further notices or announcements? Is there further business, come forward the Senate. If not the Chair recognizes Senator Pate for a motion. >> Thank you Mr.

president, I move that the Senate do now adjourned in memory of Senator Lindsey Warren And Mohamed Ali subject to the standard stipulations and Senate rule 24.1 the receive of committee reports, the appointment of conferees, the ratification of bills and the receipt of House messages to reconvene on Wednesday, June 8, 2016 at 2 pm. Motion is that the Senate do now adjourn subject to the stipulation stated by Senator Pate to reconvene of Wednesday, June 8, 2016 at 2 PM seconded by Senator Apodaca, all in favor will say I. >> I >> All opposed No. The I's have it and the Senate stands adjourned.