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Senate | June 14, 2016 | Chamber | Senate Convenes

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[BLANK_AUDIO] [BLANK_AUDIO]. Senate will come to order. Sergeant and Arms close the doors. Members will go their seats. Members and guests in the gallery please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner Senate Chaplain. All members and guests in the gallery will please stand. >> Let's pray. Heavenly Father we do come before you and ask that you would bless these proceedings Proceedings, that you bless this Senate session. The finances, the meeting and going on. We pray that you would give us grace for the living of these days. Thank you for this day. Fill us up with your spirit, give us your wisdom, and bring upon this house your peace. The peace that is surpassing all understanding. It is in Jesus name we pray, amen. >> Amen. [BLANK_AUDIO] >> Senator Berger is recognized for a motion. >> Thank you, Mr. President. The journal Of Monday June 13th, 2016 has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. >> Without objection, the journal for June 13th stands approved as written. Senators we have leaves of absence granted today for Senators Alexander Who she, Rabin, Newton and Tart. [BLANK_AUDIO] Senators upon the motion of Senator Rucho, chair is happy to extend the courtesies of the gallery to New friends of the Carolina's and Senator Rucho's wife, Teresa Rucho, and the group of friends. Please stand and be recognized. Thanks for joining us today. [APPLAUSE] [APPLAUSE]. Following the motion of Senator Pete of Wayne County the chair is happy to extend courtesies of the gallery to a group of teachers from [INAUDIBLE] and Lee Counties who are very interested in the legislative process and the education of their children so If you teachers are with us today, please stand and be recognized. Thanks for joining us today. [APPLAUSE]. [BLANK_AUDIO]. Upon the motion of Senator [INAUDIBLE] Robinson of Gilbert County and Senator Angel [UNKNOWN] and Senator Smith [UNKNOWN]. Chair is happy to extend courtesies of gallery to working America action NC and the NC black women round table hosting lobby day at the General Assembly, if you're with us today please Please stand to be recognized, thank you for joining us. >> [APPLAUSE].Senator [INAUDIBLE] is recognized for a point of personal privilege out of order. >> Thank you Mr President I want to give a shout out to a special guest visiting with me today her name is Miss Hannah Hayes, and she's in the gallery today and she has been selected to have her art displayed and it's in the north lobby, downstairs, on the wall and if you get an opportunity please stop by and see the talent that Hannah has and I'm just proud of her. Congratulations Hannah. >> Thank you senator senator. [APPLAUSE] >> And upon the motion of Senator [UNKNOWN] the act and force county, the chair is happy to extend courtesies of the gallery to Hannah Hay, she is a seven grader at east foresight miller school and she's joined today by her mother Amanda Hays and her grandparents Bob and Phillis Williams. So please stand up Be recognized, we're glad you're here today. [APPLAUSE]. [BLANK_AUDIO]. Upon the motion of Senator Don Davis and Louis Pate, the Chair is happy to extend courtesies in the gallery to To former rep Phil [UNKNOWN] who is with us today, please stand

and be recognized if you're here, thank you very much for joining us today. >> [APPLAUSE]. [BLANK_AUDIO] [BLANK_AUDIO]. Do we have any reports of standing committees today? Senator Payne for what purpose do you rise? >> To send forward a committee Report Mr. President. >> Senator Payne you can send forward your report. Clerk will read. [BLANK_AUDIO]. >> Senator Payne for the health care committee submits for passage. House Bill 1014 committee substitute number Number one in C Pre-K confirming King sailor's law, favorable. House bill 145, committee substitute number one, disapprove dental examiners rule, also favorable. >> House bills 1014 and 1145 Calendar. Any other reports of standing committees? Senator Sanderson for what purpose do you rise? >> Mr. President, to send forth a committee report. >> You send forth your report senator. [BLANK_AUDIO]. Clerk will read [BLANK-AUDIO]. Senator Sanderson, the State and Local Government Committee submits for passage, House Bill 956, committee Substitute Number One. On favorable ask Committee Substitute Bill Number One senate committee substitute bill, Henderson County Community College project. Senator Sanderson, state and local government committee submits for passage. House bill 952, committee substitute number one, honor our service animals sheriff contract favorable. House bill 957, committee substitute number one. Henderson bill charter amendments, favorable. House bill 1131, town of [INAUDIBLE] ETJ Authority also favorable. >> House bills 952, 957 1131 calendar. [BLANK_AUDIO] House Bill 956 calendar. [BLANK_AUDIO] Mr. President. >> Senator Pate, for what purpose do you rise? >> For a point of personal privilege out of order. >> Senator Pate you have the floor for a point of personal privilege out of order. >> Thank you, Mr. President. I'd like to take just a moment to consider some issues that affect our community. This morning I had a group of visitors who came in and these people are people who have hemophilia or Von Willebrand disease. These are very serious bleeding disorders affecting both men and women across our state. Both are genetically inherited conditions that we struggle with from birth to death. There is no known cure, only treatment. But when properly treated, an afflicted man or woman can lead a virtually normal productive life. Treatment though available is extraordinarily expensive. The cloding Clotting factor that must be taken to prevent or stop bleeding episodes, costs a typical hemophiliac about $300,000 per year. We certainly need to study this issue, and see what we can do for this well deserved group of folks who suffer from this disease, thank you Mr. Chair. I believe that some of them must be in the gallery as we speak. >> Thank you senator Pate. If there are folks here with that group today, if you're with us in the gallery please stand so that we can recognize you. Thank you very much for being here with us today. >> [APPLAUSE] >> Do we have any other reports of standing committees? [BLANK_AUDIO] At this time we're gonna jump into our calendar in preparation for our first First item of business Senate Joint Resolution 893. The sergeant at arms will secure the doors and pages will be seated.

Members and staff are reminded to stay seated during the duration of the resolution. Senate Joint Resolution 893 the court clerk will read in its entirety. [BLANK_AUDIO] >> Senate Joint Resolution 893. A joint resolution honoring the life and memory of Henson Perrymoore Barnes, former President of the senate. Whereas Henson P. Barnes was born on November 18th 1934 in Bladen county, through Reverend Leland L. Barnes and Mabel Tandy Barnes and whereas Henson P. Barnes was educated at Gollan High School College and University of North Carolina Chapel Hill where he received a Bachelor of Arts degree in 1959 and Jewish doctor degree in 1961. And whereas Henson P. Barnes proudly served his country in the United States Army as a paratrooper from 1953 to 1956 and for his distinguished service, received citations and letters of commendation from battalion/g regional divisional commands and whereas Henson P. Barnes was a successful attorney and farmer and whereas Henson P. Barnes was a founding member of the Goldberg Law Firm of Barnes, Braswell, Page Cork and Warren now known as H-cork Barfield Hops and Kensy/g. Whereas Henson P. Barnes served on an The North Carolina Energy Policy council and the North Carolina Court Commission, was active in many community civic and [UNKNOWN] organizations. Including the Masonic Order, Shiners, Yorks/g, American Legion, [UNKNOWN], [UNKNOWN] club and was President of the Golberg JC national trustee of woodman of the world, and legal adviser to the Goldsboro rescue squad. And whereas Henry T. Burns was active in professional and agricultural organisation serving as member of the Wayne county bar association, the North Carolina Bar association, the North Carolina Academy of trial lawyers, the American bar association, and serving on the board of governors of the North Carolina board of governors of the North Carolina blue berry association. And Directors of the North Carolina great role of association and whereas Hudson/g T. Burn served with honor and distinction as a member of the general assembly in the house of representatives from 1975-1976. And in the senate from 1977-1992 And whereas during his tenure in the general assembly Henson/g P Barnes focused on such issues relating to the environment, education, and transportation and chair of numerous committees. And whereas Henson P. Barnes earned the respect and admiration of fellow members of the general assembly who elected him as president [INAUDIBLE AUDIO] of the senate from 1988-1992 and whereas Henson P. Barnes was a reception of numerous honors and awards. Including an honorary doctor and letters from William Charter College in 1979. Legislative award for excellence from the governors crime commission in 1983. Outstanding legislator from North Carolina park association in 1985. With one of the world, man of the year 1985, United States great America family of the year award presented by Nancy Regan at the White House in 1985. National environmental award take pride in America presented by President Ronald Reagan at White House 1987. Legislature award for [UNKNOWN] to the trial/gs and North Carolina trial association in 1987. And legislature of the year from North Carolina School counselor association in 1990. And where Henry P Barns, Hudson P Barns were the member of the first Baptist Church in Golsboro where he served as a Deacon,

Sunday School Teacher, and member of the Budget and Finance Board and whereas Henson P Barn [UNKNOWN] Mary Cathy, Erlen Barns and whereas Henson P Barn died on November 22nd, 2015 at the age of 51 and whereas Henson P barn is survived by his daughter, Rebecca [UNKNOWN] and Amy [UNKNOWN] and three grandchildren, John [UNKNOWN] the third, [UNKNOWN] junior and Brooke Bab/g. Now therefore, we resolve by the Senate the House of Representative Concurrent Section one, the General Assembly of North Carolina honors the memory of Hudson P. Moore Burns and expresses its appreciation for his accomplishment and then he distinguish service he rendered Wayne and Green Counties, the State of North Carolina and the nation. Section two, the [UNKNOWN] extends the deep sympathy through the family and friends of [UNKNOWN] for the lost beloved family member and friend. Section three, the secretary of state [UNKNOWN] transmit a certified copy of this resolution to the family of [UNKNOWN] Section four, his resolution is effective upon ratification. >> Senator Don Davis is recognized to explain the resolution. >> Mr. president today we pause to pay tribute to an amazing person and leader for the State of North Carolina. He made enormous contributions not only to our community but to this very chamber that we are in and that's Hudson T. Bern. Senator Bern he was raised the son of a preacher as you heard and went on to be a paratrooper. And he was a lawyer and a farmer. Following in the senate he became the president for a term. And it wasn't that he was just the president for a term, But he truly redefined and reshaped that position. We saw during his tenure during his leadership there was an assumption of more power. And that senate itself became more independent and self governing. And thus still with us today as we function. Senator Burns he was highly regarded in the chamber his viewed as the conscious of the chamber. He was a lawyer of the lawyers lawyer. What I think speaks volume, obviously he was in a leadership position. And you've heard of all the awards and recognition, the accolades he received but to receive buried in those awards recognition for Nancy Reagan. And you know their is only one person that could have ever out done Nancy Reagan, that was Ronald Reagan two years later to come back and recognize him. To me this speaks volumes of this person and his leadership. And I wanna put some perspective on this if I may for a moment. Senator Burn served in this chamber from 1977 to 1992. The perspective is, I was just entering school when he started in the senate and I was leaving the air force academy when he was living. And the point that I make here and I think this is an excellent point. We have to always and should always think about how others see us. The example that we provide and I can tell you, growing up in Green County, people new Hudson Bern and I would hear stories. So we have to always be aware of our example and I can tell you definitively that he provided an extraordinary example for us. As we come together, nearly 26 years later, it was June 25, 1992 that senate resolution 1260 was adopted. Senate resolution 1260 was a resolution honoring Hudson Burns, his

service and it also was a time that we paused to have Hudson Burns day here in the Senate. That resolution was signed by 49 Senator, there was only one missing and that was Hudson himself. But all members who were present in the chamber signed on to that resolution including names like Mark Ben Snider/g [INAUDIBLE] and Jim Forester and yes, Sletzer, Hudsel/g. Well here it says it all, to serve in this chamber, and to serve the residents of North Carolina, and to be honored in your living and now to be honored as he's left us. To me that speaks volumes of his work. You know the saying, there are two things that are guaranteed the birth and the death. He had a very very long dash. So indeed it's an honor to recognize his life and legacy today and to join his family Rebecca and to everyone that's here to representative Perthoua/g . Thank you for taking this journey in life and this is one thing that I will say and I stand firmly on. Hudson Burns made a bid difference when he served in this chamber and we don't even realize in ways that he is still living with us and impacting our work today. and senator Berger I must believe that his influence will be with us for many, many, many years to come. >> Any Further discussion or debate. Senator Pate for what purpose do you rise? >> To speak on the resolution. >> Senator Pate you have the floor. >> Thank you very much senator Davis covered a lot of ground. But it might be just a way better two that still that hasn't been plowed over yet. I used to go once in a while to a little Barbecue place in Goldsboro on Thursday's and one of the people. I would run into was at that time former Senator Burns, but I do believe he was acting as a highway commissioner at the time. One of his dreams I do believe was a bypass around Goldsboro, I think he had the vision back in those years. And just just recently within the past month or so we opened the Goldsboro bypass. I believe that Hickson/g Burns footprints are all over that and we were certainly good, it was great to know that he had such big part to play in that. But what I want to tell you about, after he retired from the Senate and retired as a highway commissioner and I guess retired from his law firm. He moved with his wife down to White Lake in Bladen County. It turns out that the Burns family had a big operation in blue berries, and looks like the land down their is so sandy it won't grow anything else. But it does a good job of bring blue berries up out of the ground. He had a great number of blue berry bushes and I used to go down and see him every Spring and Summer. for a lesson or two in politics and also a flat of those great blue berries, it was worth a trip down their just for those two reasons. One time he wanted me, he was showing me how he had modernized the harvest of the blue berries and all that sort of thing and he got me up on some sort of a contraption that went off through the berry rose picking blue berries widely by a machine. Never being touched by human beings except the once that flew up in my face as I was riding on that machine. But he was certainly an innovator, was a modern farmer and I think that is a large corporation blue berry farmers down in that area. Certainly contributes to the economic well being of Bladen county. Hudson/g Burns then went into Failing heath. And we know the rest of it now. But back in the day he was quite the legislator, he was a leader in this, general assembly. He is also was a leader in the state and certainly was well respected

within his district. And was a great friend to me and I would commend this resolution to members of the senate. >>Senator Blue for what purpose do you rise? >> To speak on the resolution. >> Senator Blue you have the floor. >> Thank you very much Mr. president I could not let this moment go by without commenting briefly. On our friend Hudson/g Bern/g. But also to say that over the last week. We've all been fortunate in that senators Davis and Pate brought to our attention. Three senators who have considered the league. Extraordinary gentlemen, all of them from Wayne county, and all of them who made indelible marks on the state and certainly on this general assembly. I knew all three of them, cuz all three of them are lawyers. But knew Henson and John [UNKNOWN] for a long time, and knew them certainly very closely. When I came to the legislature, Henson was already established. But what really amazed me about him, is that he probably spent more time in the committees that I was on in the house than most of the committee members, because he was so thorough and so popular, that the overwhelming majority of the people who had new ideas and wanted something done, would come to Henson to sponsor the bill. One session, he sponsored 40 something bills and all of them passed. And he would come to explain them in the house and in a very impressive way. And he would accomplish what people thought, going into many of them, would be impossible. In '89 when Henson first started serving as President Pro Temp of the senate, we had elected a new speaker in the house, who was a former marine and Henson was a former paratrooper. And so us young legislators were always placing bets on who was gonna win. And I tell you at the end of the day, Senator Bares won most of the battles. And we had record sessions. I think we went to October one year as they battled it out. But a very extraordinary fellow. And I was fortunate enough to overlap him as he was President Pro Temp and I was speaker in the house in the 90s. And what marked Senator Barnes more than anything else is his laser like focus. on a problem once it showed up. And I'll just share two with you and sit down. In 1991, the state had the biggest budget deficit that it had had since the Great Depression. Over 13% hole in the budget. Bigger than our deficit in 2008 in fact, percentage wise. And HENSON was the one who came up with the idea and sold us on it that we really need to do something that legislators aren't famous for doing, because none had done it. And we need to come up with a performance audit committee to see how we can make government more effective and more efficient. And I tell you, it was one of the most representative commissions ever appointed in this state, bipartisan. Governor Martin played a role in it, but basically, it was legislatively driven with the states major bankers and the state's leaders across all kinds of lines and stuff and they came up with splendid ideas as to how North Carolina could modernize the way that it was doing business. We adopted some of them, but then the economy got better and as legislators are pron to do won't make the tough decisions and adopt them all. Senator Burns still ploughed a head on it. And the second point that I wanna make is that many of you especially of those from eastern North Carolina familiar with the global trans-part. Once senator Burn got on top of that. Governor martin a fellow over at UNC played with idea. But once senator Burn. realize that could potentially be a game changer in East and North Carolina. He become the advocate for it. We jumped on our plains went down of Dallas–Fort Worth. He convinced Ross Parol and Ross Paroll son who had done the same thing down in Fort Worth that North Carolina was a likely place for it. He met with the department of defense trying to convince the air force that with a two mile run way longer than the once at Sea more Johnson it could be stand by facility for them and just pored his soul into trying to make sure, that this global transport concept work.

He was in getting $5 per license plate the fees from East and North Carolina to try to make that thing work. And he was totally committed to it. Let me say that two other things that you have to know about him representative Phil Baddor is in the back of the chamber but Phil lead the effort to do. Many of you in judiciary committee here reports now as to how new crimes that we create fit in to the scheme of sentencing. Senator Burns was instrumental in that and representative Baddoor was from Wayne county as well. And they led the effort that again modernized North Carolina's criminal justice and sentencing. System and I could go on and on anybody who sponsor 40 bills a session and gets him all passed, that would have an endless list of accomplishments. But I thought that those were some that you were to be aware of. And senator Mckisck will remember in 1992 I believe it was down in his district. There was a plant that processed chickens and the owner decided that it was more important to bar the door of that plant so that employees wouldn't be pilfering the chickens. But as a result of locking those doors. Many people died in a fire when they couldn't escape from that plant and Hansen/g Burns was the first one to say that we get to appoint a committee to reform North Carolina's labor laws so that we get inspections of facilities like that and the law's in our books now that mandate inspections on a much more frequent basis came about as a result of the ideas and the foresight of Senator Hansen/g Burns. I can read/g this resolution to you and point out by simply saying that the most you can say of any individual [UNKNOWN] when he is no longer among us is that he was a good man. In every respect, in every way you can measure it Hansen/g Burns was a good man. I'm proud to have known him, proud to have served with him and I commend this resolution to you. >> Senator Bryant for what purpose do you rise? >> [INAUDIBLE] >> To speak on the resolution Mr President. >> You have the floor Senator Brian. >> I would be reminisced/g if I didn't make a few comments to contribute to former Senator Burns ad his impact on on me as a new and young lawyer. Senator Blue is correct that he had a great reputation for just how smart he was and thorough he was. And I remember getting prepared to go visit with him as a young lawyer working on issues affecting black land owners and farmers and limited resource farmers in North Carolina and laws at the time particularly in the property law area that were barriers to them. And the warnings I got about being prepared particularly with North Carolina general statutes and knowing exactly what I was talking about when I went to see him and they told me you know he keeps this card/g of statutes right by his door and when you go in and sit down and talk to him the way you'll know if he's even interested in listening to you is if he rolls that card over and pulls one of those green books out and looks up the statutes as if he's getting ready to talk to you. And so when I went in and he rolled that card open an pulled out that green book. I knew that I had at least one the first step of getting his interest he was just an I was Ostra/g and honored to be able to work with him. He was chair at the judiciary committee at that time in the senate. I think his colleague Martin [INAUDIBLE] may have been chair in the house and it was a joy to work with both of them and his commitment to issues affecting small farmers a minority land owners in the state is admirable and we would not have made some of the accomplishments we made to save small farms during that period if it had not been for his leadership and so I wanna honor him with this remarks and commend that resolution to you. >> Senator Hudson. For what purpose do you rise? >> To speak to the resolution. >> You have the floor. >> Thank you Mr. president. I too would be remissive if I didn't say something about Senator Burns, my first session. And their are two people I met that first day. One was John Carr I mentioned that last week, he came over to see me. The other was Senator Burns. I did not know Hudson Bern from anyone at the time. He came to see me.

He came to my office I didn't go to his. He tried to make he made an effort and we were down at that point, my patty was down 36 to 14. He made every effort to make me and other freshman friends feel very comfortable in the senate and quite honestly I was a bit scared to death. And more than that he actually reposed confidence in each and every member almost from day one. He was as thorough an individual in dealing with problems and circumstances as anyone I ever run across. I do not have a story to tell about him that I did about Senator Carl last week, Senator Davis, but I will tell you this. He actually talked me into running a finance bill that he didn't want to run and didn't want to have his fingerprints on. And I was a freshman scared to death to do it but he gave me all the background, told me exactly what to do, he went to the green books and he fairly, shall we say, this was an amendment on the bill, he saw to it that it was not adopted because he just wanted it out there, but he knew that kind of issue needed to be thoroughly vetted. When you talk about performance artists, he was thoroughly into the process of situations, the process of how governments work, how it relates to people and how it relates to people and what they do. He was an inspiration, he was a fair man, he was a fine lawyer, a good friend and I still remember that resolution. In 92, it was at that time, as far as I'm aware, that's the only one we've done with the possible exception of recognizing R.C. Soles on R.C. Soles day, that's the only one I remember in my 26 years here. That was a long time ago. Can't forget I commend the resolution to you. Any further discussion or debate senator Bingham what purpose do you rise? >> Thank you Mr. president to speak to the resolution. >> You have the floor senator. I have a little different take. knew Joan Steven who is Senator Burns sister who I think dearly of, and I had heard so many things about him, through the years that I had encouraged her to bring him by my office just if I could only had an opportunity to speak to him in just a moment or two. And she did that and I up to this day still appreciate that very much. And Joan if I see her she must have been a chip off the block as they say because she would tell some of the roughest jokes and we'd have the best time laughing about various Issues. She was certainly a good adviser politically for me. And so to her, to Senator Barnes and his whole family I'm certainly delighted to stand up and speak to this resolution. >> Thank you Mr. President. >> Thank you Thank you Senator. Any other discussion of debate? I'd like to recognize that Senator Alexander has returned to the chamber as well. [BLANK_AUDIO] So with no other discussion or debate the question for the Senate is the passage of Senate Joint Resolution 893 on its second reading. All in favor vote aye, opposes will vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. [BLANK_AUDIO] >> 46 having voted in the affirmative and 0 in the negative. >> Senate Joint Resolution 893 passes its second reading without objection. will be read a third time. >> North Carolina General Assembly enacts. >> Any further discussion or debate? Hearing none, all in favor of the passage of Senate Joint Resolution 893 on its third reading will say aye. >> Aye. >> All opposed no. The ayes have it. Senate Joint Resolution 893 passes its third reading, and it will be We'll be sent to the house via special message. The senators upon the motion of Senator Don Davis and Senator Pate the chair is happy to extend courtesies of the gallery to the family of former Senator Henson P. Barnes, his daughter Rebecca Kinsey, her husband Jay, grandson John

Kensey, brother Roger Barnes, Sister Joanne Stevens, Glorietta Barnes, Fay Dunaway and Amanda Barnes, his nephew the honorable Edgar L. Barnes, chief district court judge of the first judicial district of Dare county and other guests With the family today. If you're in the gallery please stand to be recognized, thank you so much for joining us today. [APPLAUSE] [APPLAUSE]. Mr. president. >> Senator Brock what purpose do you rise? >> Make a motion. >> Senator Brock you have the floor for a motion. Senate joint resolution 893 be spread on a Journal. >> Objections to order. [BLANK_AUDIO] [BLANK_AUDIO]. Mr. president. >> Senator Rucho for what purpose do you rise? >> Sent forward a committee report out of order. >> You can send forward your committee report out of order senator. We can have a page, come forward and grab that please. [BLANK_AUDIO]. Clerk will read. [BLANK-AUDIO]. >> Senator Rucho for the finance committee. Submit the passage, house bill 958 felony death and boarding chain law favorable. Senate bill 817 constructing an amendment mark income tax of 5.5% also favorable. House bill 958 calendar senate bill 817 calendar. >> Mr. president. >> Senator Hise for what purpose do you rise? >> To send forward the committee report out of order. >> You can sent forward your committee report senator. [BLANK-AUDIO]. The clerk will read Read. [BLANK-AUDIO]. >> Senator Hartsell did you stay in one committee submits the passage, of house bill 970, state control of criminal records check favorable. House bill 151 committee substitute number one, unfavorable Unfavorable as to senate committee substitute bill number 1, but favorable as to senate committee substitute bill number 2. >> House bills 970 and 151 calendar. [BLANK_AUDIO] Senators that takes us back to our calendar of public bills. House bill 870, the clerk will read. >> House bill 870, certificate of title menu, home changes. >> Senator Daniel is recognized to explain the bill. >> Thank you Mr. President and members of of the senate. This bill members is an issue that Senator Barringer and I have been working on for probably two to three years and probably have finally figured out what we think is a workable solution to this problem and so maybe the best way to explain the problem, and it's something that's experienced by real estate lawyers and Real estate agents across the state, when they're dealing with manufactured homes and the marketability of manufactured homes., and the issue really arises because unbeknownst to many people a manufactured house, whether its single wide, double wide or triple wide, in many instances is issued a DMV title Title. It's considered a motor vehicle, and on those titles, just like with an automobile, there will be listed a lienholder if there's an actual lender involved in the transaction, and different from a typical home transaction, when you record a deed of trust in the Register of Deeds Office there is a maturity day on those loans that's stated on the documents. So everybody knows when this loan is scheduled to mature, on a DMV title for a manufactured home there is not a maturity date as we speak. So this bill, the problem arises and if you just, a scenario would be Senator Tillman buys a double wide in 1990 and he gets a 15

year loan and on his title, it says that Shady Tree Lender has a lien on the property. Well, Senator Tillman who manages his finances very well over that 15 year period, he never misses a payment and when the 15 years Is up he no longer gets a statement from shady tree lender but he also doesn't follow up for lender and make sure that they cancel the lein on his title. So then, he decides he wants to buy bigger place and move to the mountains where the air is cooler and the sky Skies are bluer and when he's trying to sell his double wide, he goes to his lawyer and the lawyer does the title search and he says jury you've still got a lien on this property. You can't really sell it until we can get that cleared and so jury calls shady tree and he gets a disconnected number because they They've gone out of business so they've been bought two or three times and so this bill fixes that problem by creating some certainly when none of the DMV will have a process, when they'll put an expiration date on these liens and on the title. So that they would automatically expire. And that these properties won't become unmarketable, so that's the gist to the builders. There's some more details to it in terms of when things expire but in order to not compete for the oximeter/g, I won't talk much more, but I do Mr. president have a technical amendment that I need to send forward at this time. >> The clerk will read. >> Senator Daniels moves to amend the bill. >> Senator Daniels is recognized to explain the amendment. >> Thank you Mr. President, this amendment simply clarifies that the cancellation procedure on these leans don't apply to automobiles they only apply to motor vehicles and so that's what the amendment does. >> Do we have any discussion or debate on the amendment? - >> it only applies to manufacturers [INAUDIBLE] >> Any discussion on the amendment? Hearing none the question before the senate is the adoption of amendment 1, all in favor vote aye, opposed will vote no. 5 seconds will be allowed for the voting and the clerk will record the vote. [BLANK_AUDIO] Meredith, Bryant, aye. >> 46 having voted in the affirmative, 0 in the negative. Amendment 1 is adopted, the bill as amended is back before the body. Senator Daniels recognized. thank you Mr. President, I just commend the bill to you, I'll be glad to answer any questions. >> Any further discussion or debate on this bill as amended? Hearing none, the question before the senate is the passage of the senate committee substitute house bill 870 as amended in its second reading. All in favor will vote aye, all opposed no, five seconds will be allowed for the voting, the clerk will open the vote. [BLANK_AUDIO] 46 having voted in the affirmative and 0 in the negative, senate committee substitute, House bill 870 as amended passes it's 2nd reading without objection, will be read a third time. >> North Carolina general assembly enact. >> Any discussion or debate? Hearing none the question before the senate is Mr. President. >> Senator Tillman for what purpose do you rise? >> I'm sorry, I voted on that bill and I believe Senator I should have recused/g myself. >> [LAUGH] >> But since I own that [UNKNOWN] i'm gonna go ahead and vote for it. >> [LAUGH] Hearing none. Question before the Senate is it passes the senate committee substitute house bill 870 as amended on it's third reading. All in favor will say aye. >> Aye. >> Opposed no. >> No. >> The ayes have it. Senate committee substitute to house bill 870 as amended passes it third reading the amendment will be engrossed it will be sent to the house for concurrence in the senate committee substitute. We have a public bill third reading house bill 242 clerk will read. >> House bill 242 various charter school law changes. >> Do we have any discussions or debate? Senator Krawiec for what purpose do you rise? >> To sent forth an amendment >> Senator Krawiec you can sent forth you amendment clerk will read. >> Senator Krawiec moves to amend the bill. >> Senator Krawiec is recognized to explain the amendment. >> Thank you Mr. president this amend makes changes to the general statutes that. regarding charter school facilities, current law says that the local LEA if requested by charter school shall lease any available building to that charter school. The amendment clarifies and defines what is available. And it's considered available if it's closed. vacant or otherwise unused for classrooms administrative offices

or extra curricular activities of the school or the local school board. And the local board must make a decision on the charters request withing 90 days. And if they have not made that decision within 90 days shall provide a written explanation to the reasons to the North Carolina Charter School Advisory Board and the joint legislative education over sight committee. That is just to give some closure that is done in a timely fashion. And on page 8 line 11 through 13 they are rewritten to remove the number of days and simply states that are all application shall be completed no later than October 15 prior to the school year. And I will be happy to answer any questions. Any discussion or debate on amendment two. >> Mr. president. >> Senator Mckissick what purpose do you rise? >> To ask a question. >> Senator Chloric do you yield for a question? >> Yes sir. >> Senator you say that the school board shall, which then requires it, as opposed to may, which would then give it the prerogative to, I just wanna make certain that I understood that particular language and perhaps you can also share with me the genesis of why you feel this is needed at this time, that might also bring some clarity. >> Yes sir, are you referring to the 90 days response to their request to lease the building? >> Follow up Mr. President. >> Senator Crawford, do you yield for a follow up question? >> Yes I do. >> The way I heard you read the amendment was that you indicated that the school board shall lease this property and when you say shall that, in my mind, eliminates the prerogative of the school board to make a decision, it doesn't give them discretion to look at it and consider other options that that property may be used for or might be needed for, if you could provide some clarity. >> Thank you. Senator McKissick that's the current law. My amendment doesn't change that. The current law says that the LEAs shall lease the property. >> Okay, thank you. >> Senator Bryant, for what purpose do you rise? >> To ask the bill sponsor a question, that I think was partially answered but - >> The amendment? >> Mr. President I wanna make a comment and then ask a question. >> Okay, you have the floor to speak to the amendment senator. >> My concern is this amendment coming up on the floor on a bill that was debated and discussed significantly in the committee with broad support, and there not been opportunities for other kind of input on this provision and it been a house bill going back to the house for concurrence, I just really I'm concerned about that process and regret that but my question was for- >> Senator Crawford do you yield for a question? >> Yes I do. >> Senator Bryant you have the floor for the question. >> I would like an explanation of the additional, of what changes this makes to existing law? I just went through some of those, there have been instances where the local LEA were not cooperative with the charter schools and the current says that they will lease those buildings to them if they're not being used. This just clarifies what available means you can't just have a couple of desk in there, use it for storage, it has to be used. Otherwise, the charter school is able to lease that property from the LEAs so that's just adding some clarity to that. >> Follow up Mr. Speaker? Senator do you yield for a follow up? >> I do. >> How does this change the part of the statute that says not only must they shall lease any available building or land which you're addressing the available aspect but it also says, unless the board demonstrates that the lease is not economically or practically feasible, or that they don't have adequate space to meet their needs, so does your amendment change in any respect, their discretion about what is economically or practically feasible for them. >> No. It does not. They still have the opportunity to use those buildings as they need. But if they are vacant they need to let the charter schools have an opportunity to lease them as any other tenant could do. >> Okay. One more follow up Mr.

- >> Senator Grover do you yield? >> Yes, okay. >> When you say that they shall make it available as any other tenant. I just wanna make sure if you feel like your change is forcing them to lease any available building to a charter school even if to their discretion is not economically a practically feasible for them. Because they wouldn't be forced to lease to any other tenant. >> Senator Bryant currently that's the law. So that's not changing the law. Currently, they shall lease those buildings, that's current. So my amendment doesn't change that. It just clarifies that you need to give the charter school an answer within 90 days or write a written explanation to the joint legislative oversight committee or to the charter school advisory board. That you're using the building. That it's not available, whatever the reason. Not just leave it hanging out there but get some closure to that charter school and to the LEA. >> Thank you senator. I'd like to make an additional comment Mr. President. May I? >> Senator you already spoke to the amendment correct. >> Yes. >> You've already spoken to the amendment senator. Thank you Senator Tillman for what purpose do you rise? >> Mr. president maybe I can clear up a little confusion on the back row. Senator this bill only does one thing. It speeds up the process by which they must notify them. If they don't plan to or cannot, for some mainly economic reason, lease this property. But remember we are talking about public schools student and charter public school students. Why would you not make your first offer to the charter school public students if you got empty classrooms and empty property. That's current law folks. They've had to do that from now on. A lot of them are reluctant to do it and a lot of them are delaying the process, all this dos is make some do it, we're gonna set time to do it or explain why, that's all the amendment does. >> Any further discussion or debate on the amendment? >> Mr. President. >> Senator Wardell for what purpose do you rise? >> Question for the bill sponsor. >> Senator Crawford do you offer a question? >> I do. >> On line 21 you speak that it should be free and what I think of and see that in other instances had it been rented or leased to another entity it may not be free. So maybe some economic factors involved here so why should it be absolutely free? I know you say maintenance would be and insurance would be the cost of the charter school. >> Senator Wardell my amendment doesn't do that. It doesn't change any of that. You must be looking at the bill. >> Okay, I wasn't looking ahead. [BLANK_AUDIO] I'll ask question later. Thank you. >> You have any further discussion or debate on amendment two? Hearing none the question for the Senate is adoption of amendment two. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Clark no. [BLANK_AUDIO] [INAUDIBLE] McGinnis. >> Aye aye. >> 30 to 4 having voted in the affirmative and 12 in the negative. Amendment two is adopted, the bill has amended his back before the body, you've any discussion or debate on the bill as amended? Senator Robinson for what purpose do you rise? >> To speak on the bill. >> Senator Robinson you've the floor to speak on the bill. >> Thank you Mr President. I want to stand to say that in committee that we had good bipartisan support of this bill and thorough discussion. And I regret that an amendment has been introduced on the floor that confuses the issue. When committee has appropriate place to do this and to discuss any changes that may cause or question or confusion and all of us supported this bill, but then this brings up additional questions that people have not had time to really investigate or hear from constituents in terms of what are the real issues and so that gives me cause for concern because I support it but these changes at the last minute when we had no notice of it does cause the problems. >> Senator [INAUDIBLE] for what purpose do you rise?

>> To ask Senator Apodaca a question. >> Senator Apodaca do you yield for a question? >> Reluctantly. >> Senator Apodaca we changed the senate rules on this since yesterday. >> If [INAUDIBLE] chairman If we have not then floor amendments are allowed? >> Yes they are. >> Yes, thank you. >> Thank you. >> Senator Bryant for what purpose do you rise? >> To speak on the bill. >> Senator Bryant you have the floor to speak to the bill. >> As amended, my concern is really about the intent of the sponsors because as I understand the language as it currently is, there are still discretion of the board to determine what's economically or practically feasible for them in the leasing of this buildings and I'm concerned that these sponsor's intention is somehow to eliminate that and that's bothersome to me. I don't have an objection to the time frame and people getting an answer and being responded to, I think that's surely efficient and fair for all of our, both the traditional and the charter public schools. But the inability to have input from staff about this issue and what appears to me to be some confusion about what this amendment would do in a significant area like this is problematic to me and for that reason I'll be voting no. >> Any further discussion or debate on the bill as amended? Hearing none question for the senate is the passage of the senate committee substitute house bill 242 has amended on it's third reading, all in favor will vote aye, all oppose will vote no. Five seconds realize for the voting, the clerk will record the vote. [INAUDIBLE] aye. [BLANK-AUDIO] 39 having voted in the affirmative and seven in the negative, senate committee substitute house bill 242 passes its third reading and amendment will be engrossed. >> Excuse me, I'm just here objecting the third reading, your honor. >> That was already third reading, we're voting on third, thank you. >> I change my vote >> Okay and Senator Lowe changes his vote on that so the final count. >> Wardell changes her vote. >> And Wardell changes here vote. [BLANK-AUDIO] 37 to nine The amendments will be engrossed and it will be sent to the house for concurrence in the senate committee substitute. Where one bill for concurrence, senate bill 160 the clerk will read. >> Senate bill 160, official state veteran state parade. >> Senator Jackson is recognized. >> Thank you Mr. president, I'm gonna tell you this a little briefly a little story about eastern North Carolina, you know there's very weary tracks running down through this small towns and there's not a whole lot going on in some of these little small towns, they are struggling as most of us from rural North Carolina know to make ends meat. They are struggling to survive in the economies that we've been in but I stand today, to tell you about something not depressing but that is lifting and truly deserving of one of my little small towns in Duplin County. Wilshire/g North Carolina. Wilshire/g North Carolina, 95 years ago started a veteran's parade through the thick and thin for losing five members of his own community just in Vietnam war alone. To having a general that is served as commander of the NATO in the Afghanistan as recently. This town has continuously held a veteran's day parade. It is outstanding if you've never been. I encourage you and invite you to attend the solemn, that all show very grateful parade that is given to our veterans and to our military. Senator Pete We have flow overs from Seymour Johnson, we have paratroopers that dropout. It is truly an amazing thing to witness and I bring before you a bill today honoring what Warsaw, North Carolina has done for 95 years for the veterans not only have North Carolina but United States. And I ask that you support this bill to make it the state official veterans day parade.

And I'd like to close with this as the longest continuous serving veterans day parade in our United States of America. And I ask for your support. >> Senator Jackson as you concur on the house committee substitute senate bill 160 do we have any discussion or debate? Hearing none, all in favor of the house committee substitute senate bill 160. One electronic vote will vote aye, opposed no five seconds to be allowed for the voting, the clerk will record the vote. [BLANK_AUDIO] Apodaca aye, Meredith, Smith, Senator Smith, aye. 45 having voted in the affirmative and 1 in the negative the Senate concurs in house committee substitute senate bill 160 it will be enrolled, and sent to the Governor. >> Mr President. >> Senator Rucho for what purpose do you rise? >> A moment of personal privilege at the appropriate time. >> It's the appropriate time Senator you have the floor. >> Thank you Sir. Thank you Mr President, members of the Senate. Looking back a number of us that have been in the Senate have had the opportunity of serving here, and enjoying ourselves during the good and the bad times, but what we tend to forget is the ones that we leave at home. Our families, our special friend and our loved ones. In this situation I'll put you back to a couple of issues or stories that I would tell you dealing with my episode here. I will tell you our second born, our son Ross was born when I was, I think my first term back in this senate. Of course we had our baby. My wife Teresa and I and that baby was delivered and I ran back that afternoon for a vote on the senate floor. I've never heard the end of that story. >> [LAUGH] >> And that one will haunt me. I will tell you there was another time and I'm just kinda talking back because some of the things we might have missed at home. The other story I'll tell you is that, you know there have been some long sessions. I think Senator Berger and I may have experienced one that went almost to November, and I may have mentioned to you before but I went home towards getting close to November. We may even get close to celebrating Christmas at that time and I walk in the door on Thursday, rolling my suitcase in, most of us that have to stay over, some of you are lucky enough to go home, but stay here the night and be away from the family. I roll in the suitcase and all of a sudden my son looks at me and said, ma! That man's back again. [LAUGH] [LAUGH] We can laugh about that right, but the thing that I wanted to bring to your attention is, despite all that and all the other things my wife Teresa and I celebrated our 23rd anniversary. She must still want me to be around, but we celebrated our 23rd anniversary in May and I love you. [LAUGH] >> Thank you Senator. >> [APPLAUSE] [APPLAUSE] >> Senator Tillman for what purpose do you rise? >> Mr. President, mainly to take on Senator Apodaca, but for a moment of personal privilege. >> You have the floor Senator Tillman. >> While we're reminiscing about our old friends and times passed and we're honoring Henson Barnes today, great leader in this state and no doubt Wayne County has put out a lot of them in the past. >> [LAUGH] >> Senator Pete. I wanna tell you a little incidence that well you all probably knew Senator Don East. We miss Senator East. Actually, he had a soul miller's personality, but he had a legal mind about lack of Philadelphia lawyers, seriously. He was a rare breed. I don't think there's anyone here in here like him, nor will there ever be. But he and I used to go fishing at the outer banks. And we'd take his modern home, and this is going somewhere Kathy. Senator Harrington. I saw her shaking her head, but anyway, we were gone for about five or six days and Don didn't have any change of underwear. Same old pair he wore and it began to give a little rank. And I asked him to go down to Penny's and well,

he didn't. He got home and he chewed his wife Connie pretty good about not packing his underwear. >> This is closest thing we have to a fuller buster in the senate. Is anybody as anybody is wondering. >> [LAUGH] >> This is good. This is rare. This is inside baseball. Well, he said I told you to pack pack my underwear, and she said I did Don, I put it in your Tackle box. >> [LAUGH] Senator Brown what purpose do you rise? >> Just before we adjourn I would like say republicans will coccus immediately after session [LAUGH]. >> Thank you senator Senator Daniel what purpose do you rise? >> Point of personal privilege. >>You have the floor senator Daniel. >> Since Colonel Raben's not here today I couldn't let this day pass without wishing the US army a happy birthday to 241st birthday of the United States army, and to point out that my colleague senator Don Davies, air force veteran his service is only 69 years old so. [LAUGH]. >> Senator Davies what purpose do you rise? >> Moment of personal privilege. >> You have the floor senator. >> I'm not going to respond to these two moments of privilege in discussion even though we know the best force out there, but I do rise today to simply say to each and every one thank you for your patience. And endurance with these recognitions, indeed these have been outstanding leaders that served our state and thanks for the kind words, gestures and prayers for these families. I would also add that the Barnes family wanted to make sure we make an announcement to share with you today that they are having a reception over at 18 Sea Board. And if anyone is interested in just passing through, to break bread and fellowship, they will greatly appreciate it. >> Senator Ballard for what purpose do you rise? >> A moment of personal privilege sir. >> You have the floor Senator Ballard. >> Thank you. Since the rules of engagement are in full effect today. I've submitted already a senatorial statement congratulating Appalachian State University Football Team on its outstanding 2015 season. Now one of the questions I often get asked, having lived in [INAUDIBLE] is if I attended ASU. But I did not. However, there are other colleagues in the chamber that did and I would ask, if they don't mind just to stand for a minute and be recognized. Thank you. [INAUDIBLE] as you can see. Again I just wanna take, this mentioned that Appalachian State actually moved its division just two years ago, and I think its simply a move from, [INAUDIBLE] football to FDS/g, to the FBF/g as a member of the fan belt conference. I think they were tired of dominating Western Carolina and their games and conferences. >> [LAUGH] >> But ASU finished its 2015 season with an 11-2 record, the best overall record of any North Carolina FBFT and it became the first team to win 11 games in its first season as a board eligible member. So what important also ASU football, it represents a commitment the commitment that athletic and academic excellence is producing 13 all fan belt conference honorize/g. So chancellor I welcome you today, I thank you for your investment in our student athletes and coach [INAUDIBLE] as well. And again I look forward to seeing you this season and congratulating the team on their outstanding season in 2015. I'll see you at the rock. >> [APPLAUSE] >> Senators upon the motion of Senator Ballard the chair is happy to extend courtesies of the gallery to Appalachian State University Chancellor Jerry Alberts, members of the state board of visitors and athletic director Doug Dylan. Please stand to be recognized thank you for joining us today. >> [APPLAUSE]. >> Senator Apodaca for what purpose do your rise? >> Announcement. >> Senator Apodaca has the floor for an announcement. Thank you Mr. president, members nominations committee will be meeting at 4 o'clock in our usual room. A couple of moments of personal privilege if I might. Senate Ballard couldn't get into either school so that was why, and thank God senator Rucho's son did't say that's the other mans mummy. >> [LAUGH] >> Senator Blue for what purpose to your rise? And announcement Mr. Speaker. >> You have the floor senator Blue. >> Democrats will coccus immediately after session. >> Senator Mckissck for what purpose do you rise?

>> Moment of personal privilege.>> Senator Mckissick you have the floor. >> On the June the 13th of 1776 by resolution of the second continental congress. it was adopted that they it would have flag day on June the 14th from that day forward. I called your attention to that beautiful flag that stands in our gallery that represents everything that we about in this great country, and as walk by today know that today is flag day. Thank you. Thank you senator, any other notices or announcements. Senator Lee for what purpose do you rise? Moment of personal privilege please. >> You have the floor senator Lee. >> Senator Ballard kindly turned around and said don't forget senator Krawieck birthday. So I would like to say welcome her here on here birthday. And say happy birthday and hopefully all of you will come up to here after, we adjourn and tell her happy birthday. >> Happy birthday senator Krawieck >> [APPLAUSE]. >> Any one else notices and announcement? Any further business to come for the senate not chair recognize senator Berger for a motion. >> Thank you Mr. president I would ask that we adjourn today in honor of Teresa Rucho with all she has had to put up with over those two plus decades, I think that's the list. we can do today and that with that I move that senate deny adjourn because standard stipulation support senate rule 24.1 receipt of conference reports, receipt of committee reports, the appointment of conferences, ratification of bills and the receipts of house messages to reconvene on Wednesday June 15, 2016 t 2 pm. The motion that the senate do now adjourn subject of stipulation stated by Senator Berger and in honor of Teresa Rucho to reconvene Wednesday June 15th at 2 PM, seconded by Senator Clavick, all in favor say aye. >> Aye. >> Opposed no. The ayes have it. Senate stands adjourned. [SOUND]