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Senate | August 12, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order, Sergeant At Arms will close the doors, members will go to their seats. Members and guests in the gallery, please silence all electronic devices. Leading the Senate in prayer is Dr. Willy Remmy of Ridgeway Missionary Baptist Church in Henderson, Dr. Remmy is a guest of Senator Bryant. All members and guests will please stand. Let us pray, Father we thank you for allowing the bread of life to remain in our bodies to enable us see another day that we may do your will, empower the members of this Senate Chamber to employ all of the avenues and opportunities to provide for the least of our State's citizenry and give encouragement to those who do not need it. Hereby senators to deliberate the business to change in compassion concern in unity and integrity that they're elected to be servants of the people they represent, pick their concepts they're mindful they have a [xx] for the hope for the hopeless and that they're the armour bearers of justice for all the bill constituency [xx] the bills in this of mercy, quickly pay us, speedily and acted, so that the nurses benefit. Give up the senate to they may hear, we're having the displaced, the misunderstood, the sick, the hungry, the unemployed, the elderly and the youth, when the liberation is concluded today, may the Senators hearts be filled, minds and conscience be full of awe and pride because they have performed justly while tenderly, love mercifully, please you, the Father of mankind with their up-righteousness. Senators of North Carolina's General Assembly may you be surrounded by Gods love, comfort by His grace, blessed by His peace, aware of His presence and filled with his abundant joy. May the Lord bless you with His richest mercy, may His loving care today be endured forever, and may you sense His presence in your midst, Amen. Senator Pate is recognized for a motion. Thank you Mr. President. The Journal of Tuesday, August 11th, 2015 has been examined and is found to be correct. I move by the Senate dispense with the reading of the Journal, and that is then approved as reason.  That objection, the Journal for August 11th, 2015 stands approved as written. Members Leaves of Absence today are granted for Senators Barringer, Cook [xx] Smith [xx] and Walter, clarification of bills correctly the following Bill of Duty ratifies the presentation to the Governor. The Senate Bill of 429, an Act making technical, confirming and other changes to the labor world of North Carolina. [BLANK} members on behalf of upon the motion of Senator Angela Brian of Nash County the chair is happy to present curtusy of the gallery to Mr. James Kinner, Kinner Ne is a member of the anderson. City council, if you're here you'll just wait about Right up there thank you. And member upon the motion of Senate Paul Louis juniour of the South County chair is happy to extend courtesies to Senator Lou's, father Paul Louis Senior and his so step mother Felicia and his brother Anthony Lou if you're in the gallery would you please stand, all the university change[sp?] okay thank you. Senator Lou's adviser as satisfied to [XX] [XX] had to black and members support the motion of senate chaired

bare the way counties the chair is happy to extend courtesies to the governors high school pages so I believe. Up here Governor's pages, he will just wave, there we go right there. Okay members, we are ready to go the calendar, Mr president, Senator Apodaca, for that purpose do you rise? Motion please, State your motion. Mr president, we need to move senate bill 607 to the top of the calendar please and without objection. Senate bill 607, clerk will read, Senate bill 607, tax payer Protection Act senator Jackson is recognized. Thank you Mr president, members I think we've had three days or not and a day of healthy discussion on this bill I don't know anything else I can tell you that I haven't already told you, I appreciate you looking at it, I appreciate all the questions that have been asked and the concerns that have been raised and I'll try to do my best to answer those concerns to the best of my ability. I do, before I finalize what I'm going to say I do want to take this opportunity to thank the general assembly staff that has worked on this bill and is not something that was cabbled together in the last few days. This is part of this bill, it has been a work in progress probably for several months now, especially the rainy day thing. That is thought that I had, had for a long time, and we started putting somethings together on paper several weeks possibly months ago on that, but I would like to thank the staff here at the General Assembly for all they've done, and I would especially like to thank my staff, specially AC, he has done a great job and the research and the charts that you've seen that was online yesterday on the dashboard, he put all that together with the research so my hat is off to him wherever he's at he's done a great job on this, so thank you AC. And members with that I'll be happy to answer any other questions you have. I would be remissed[sp?] if I did not say that I'm a little disappointed in the two votes we've had on this bill that we'd had not had bipartisan support you all have never had may say a person swearing or anything [xx] No one said. It's not and I was hoping that we would have by partisan on this bill, I would appreciate [xx] if they have any questions, Thank you Further discussion, further debate. Senator [xx] for what purpose do you rise? Thank you Mr. President. Speak to the bill.  Speak to the bill You have the floor to speak on the bill Thank you. Since yesterday, you asked us to take time to look and examine anything in it, and I've heard from several television stations In my community, [xx] overwhelming members of my constituent group. They're concerned about at the schools and what this bill would do to the schools. The school year is about to begin in eight days and we are still have not delivered our promise to the parents and children North Carolina to provide our students with the we think about this constitutional amendment what it will do we need to know that it will further restrict how much we can give our schools education is our cornerstone in this state it leads us and guides us it's the largest portion of our local budget and our budget here we got to be mindful of what it is doing and with this constitutional amendment it will further restrict what we can do our universities and our teachers will all suffer with the passing of this legislation and I cannot in my right mind, sign off and saying that our education system will not suffer because [xx] seems to be a wonderful idea because it will help us in many ways, and when this something like this was where schools can't

even start because they don't have the knowledge an the information about the budget as a time that I see this one could kick in and provide funds so that teachers would know what to expect, principles would know what to expect, we can open our schools and so I say that be careful and make sure that we keep education wheer it needs to be thank you  further discussion or debate? Mr president Senator  Smith for what purpose do you rise?  To speak on the bill. You have the floor. I just want to remind the members that the state treasurer has reiterated the opinion that she had put in all the emails to us that this bill has the potential to harm the North Carolinas good credit rating, and it would seem to me that we would be irresponsible to do something that might potentially have that effect. Further discussion or debate, hearing non questions for the senators as a passage on third reading of committee substitute senate bill 607. All in favor will vote aye, all opposed will vote no. Five seconds be allowed for the voting, Clerk will record the vote. 30 having voted in the affirmative Computer problem 31 having voted in the affirmative and 14 in the negative the bill has passed the required threshold passes its third reading, and the amendment will be engrossed and the bill will be sent to the house. Senate joint resolution, 162. The clerk will read, Senate joint resolution 162, [xx] Dan Samsom, former member. Members in preparation for senate joint resolution 162 the sergeant at arms will secure the doors pages will be seated, members and staff are reminded to stay seated during the resolution. [xx] And before we get started senator Harington has a leave of absence for the reminder of the session Members, the Clerk will read the Resolution in its entirety. SENATE JOINT RESOLUTION 162,  A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF DANIEL REID SIMPSON, FORMER MEMBER OF THE GENERAL ASSEMBLY. Whereas, Daniel Reid Simpson was born on February 20, 1927, in the Town of Glen Alpine, to James Reid Simpson and Ethel Newton Simpson; and Whereas, Daniel Reid Simpson was educated in the Glen Alpine public schools, and graduated from Wake Forest University with a Bachelor's degree in 1949, and a law degree in 1951; and Whereas, Daniel Reid Simpson served his country as a member of the United States Army from 1945 to 1946, where he was stationed in the South Pacific theater and whereas Daniel Lee Thompson practice law for 50 years with the firm of sense make off diyer and going that time with member go starting in the bar county bar association and American bar association and whereas Daniel Lee Thompson children interest in public service throughout his adult life serving with distinction in the general assembly as a member of the house of representatives in 1957 and 1961 and 1963 session, and has a member of the senate during 1985 through 1995 fire station where he proposed several important changes in the government including a bill that create Western Piedmont community college Piedmont where Daniel Reed Simpson was

elected mayor of the town, [xx] Alpine, and also as the Alderman for the town and a delegate to the Republican National convention in 1968 and 1972 and whereas Daniel Reed Simpson was active in the civic, fraternal, financial and social life of this community, so a a member of cartel valley large number 217 bring an accepted message the alliance club verse union national bank of which he served as director in the Glen Alpine Recreation Foundation, which he helped establish to create opportunities local children to play organized football and baseball and whereas in 2007, Daniel Reid Simpson was honored by the Glen Alpine recreation foundation when it named its athletic facility, Simpson field, and whereas Daniel Reed Simpson was a devoted member of the First Baptist Church in [xx] and whereas Daniel Reed Simpson died on January 24th 2015 at age of 87. And whereas Daniel Reid Simpson is survived by his wife of 63 years, Mary Alice Leonard Simpson. Daughters, [xx] Simpson, and Mary Simpson Bale, and her husband Richard. Son James Reed Simpson II and wife Lanny, eight grand children Kate Bayer, Hus and husband Tyrone, Elizabeth Bayer, Caroline Bayer, [xx] and husband Michael Daniel Reed Simpson II, Elliot Simpson, Todd, James G. Simpson, Mary Helen Simpson and Jerry Simpson III and great grandson Bayer Simpson hoarse and his Reid hers and therefore be resolved by the Senate. The House of Representatives concurs, section one the General Assembly honors the memory of Daniel Reed Simpson and expresses it's appreciation for his service to his county and nation. Section II, the General Assembly of North Carolina extends its sincere sympathy to the family of Daniel Reed Simpson for the loss of our beloved member. Section three; the sector says she had [xx] 35 copy of this resolution to the family of Daniel Reid Samsung. Section four; the resolution is effective a point of clarification.  Senator Daniel is recognized to explain the resolution. Thank you Mr. President and members of the senate Its unfortunate part of life that many times we know wonderful people not nearly but often we didn't learn much about their life story until they passed away. For me this is true of Senator Denis Simpson during the most time that he served here in the senate, I was away in the college, in the military and I voted to him in many occasions, I senate to get to know him as well as I would have liked. So in preparation for this resolution I talked to my dad who knew him as a fellow attorney and to other local leaders members of the community where we live and I asked them to tell me what they thought were the qualities that made Dan Simpson the great man that he was, and this is what they told me. A gentleman is gentleman, and as humble a man as you would ever find. Always a patriotic American  a World War II veteran and a dedicated family man. A consistent conservative legislator whether popular or not, and always in the minority. A good attorney and a good Christian man. Dan had a contagious sense of humor, and didn't take it personally if somebody disagreed with him. He was a friend to anyone who wanted to be a friend to him, and he helped people when they fell on hard times. He helped financially, he helped people financially who were hurting one said he gave me a job when I needed one. Another said he cosigned a note in 1969 so that me and my wife could buy our first home. He knew the people of Burke County and what they needed. he was never above people and he always listens. Always wanted to improve the community, was instrumental in bringing a community college to Burke County and did many things for the community that the public never knew. On one occasion a new middle school was being built, but no one had planned on leading to extend the road in front of the school to accommodate the increased traffic. When this was mentioned to Dan he drove to Raleigh the next day to the DOT about getting the road widened. This was the kind of man that

Senator Dan Simpson was, as a small town mayor, a family man and a member of this body he made his mark on Burke County and on the state, so today to the Senate and to the family who are here we honor the memory of Dan Simpson, and I recommend the resolution to you. Further discussion discussion or debate? Senator [xx] for what purpose you rise? Thank you Mr. President members of the Senate. I think that I maybe the only person here who served with Dan Simpson in the Senate in at least the early 90s, and let me simply echo what the Senator has already said Dan Damson was a humble man, he was a simple man and Senator Jackson he was a very plain spoken man. He was my sit mate for three terms thing now who learned it means I'm out about this body about the practice of law and frankly about life. He was a sports man, Senator Newton, of the first magnitude, even more than that he was a physical conservative of a planning potential magnitude. He did not suffer everyone as well but he was present in dealing with it I think it is most appropriate day that we consider the constitutional amendment involving the rainy day fund. I saw that because it's not commonly known, dated in 1983, that was when we truly forced adopted to run a day fund. When who we are now on the front door, were on the back door, he ruled down 39 to 11, Senator Basnight wanted a 50 to nothing vote in support of the senate budget, that year. extracted, for that, for us is fund. They simply put, they straight forwardly said, he was an extra ordinary fine lawyer he was a superb public servant, I would consider him to have been my mentor and been beside him for six years, first with Senator Stein we start with Senator Robinson. And second with senator [xx] while we have more time for I simply say this, say that I'm and will always be since his death. He helped me personally, legally in assisting clients in my own district, because we've had an extraordinary knowledge of the law, of the functioning of this body in solving in the minority for all those years and also introduced me My son J. R on a telephone and I was sitter back there doing a crime session and it was about two years if a recall J. R and he told me that J. R was a graduate of an institution that my son was extraordinarily interested in attending and it it worked out fairly well for him but when I say that I was in debt to Dan, I was in debt to Dan but I'm also still debt to the institution that he helped me my son to attend. It's very difficult for me to speak about Dan, it's been a while since I've seen him I was unaware of when he passed where he did and was only able to attended his services as a result with him because I consider him to have been an extraordinary [xx] mentor. The sort of person that carried. You've already heard this from Warren that he cared about everybody. It didn't matter who you were what your doing, but he was help. Then again he never did attend the session on thursday

further discussion for the debate, Senator Brian propose for your rise?  Speak to the resolution.  Have the floor.  Thank you Mr. President, Senator Hansel was right when he said he was a friend to everyone and when we do have these resolution so many times when we speak to people that served with him, is not a and reflection from health staff, how they feel about senator Daniel, back in the days and all the solders lost, back in the his last session. Dan was a giant of a man as a author[SP?] on the floor of the Senate, us that have been here for a while talk about Tony Ran and Ham Holton while I think about both Ham and Tony would almost tremble when they had to go against Dan Senator [xx] talked about his plain spoken, but it was just phenomenal speaking ability on the floor to just give right to the point and how important he was and he was a sportsman, one time I followed him down hill [xx] and he had his four wheel right after session and it was kind of [xx] that had a sportsman Senator Nudeman, the one thing that was so great for him is that my grandfather served in [xx] and a lot of you know but he died before he was born and I had no connection to him of what my grandfather was like here, to talk to me about [xx] studying with grandfather and what my grandfather was as a legislator and today had that connection with any other person, so I'm forever greatful to Senator Simpson, the [xx], a great man and true and North Carolina truly is a great state.  Further discussion or debate. hearing none. Question for the Senate is the passage of Senate Joint Resolution 162 on its second reading. All in favor will vote aye, all opposed will vote no, 5 seconds to be allowed for the voting. Clerk to record the vote. We go on. 44 having voted in the affirmative and 9 in the negative, Senate Joint Resolution 162, has passed it's second reading and will without objection be read a third time. North Carolina [xx]  Is there further discussion or debate? Hearing none all in favor of the passage of the Senate Joint Resolution 162 on its third reading will stand and say aye. Aye! All opposed no. The ayes have it and Senate Joint Resolution 162 passes its third reading and will be sent to the House via special messenger. Members on the motion of Senator Warren Daniel, Burke county and I think joined in by other members of the senate the chair is happy to extend courtesies of the senate and of the senate gallery to the family of former senator Dan Simpsons in the gallery are JR Symsons the second and his wife Lany Mary Simpsons buyer and FLO B Simpsons I think they are children of senator Dan Simpsons and grand children Daniel are Simpsons the second senator Simpsons names sake James G Simpsons also with us today to honor senator Simpsons are Mr. Johnny chairman of Burke county commissioners and Mr. Brian Stern county manager of Burke county If you would all stand so we could recognize you thank you The Senate thank you. And people of the State of North Carolina for selfless service. Thank you. Mr. President Sir Daniel for what purpose you rise? Mr. President I move that the words spoken on the resolution be spread upon the general without objection it's all ordered members Senator Stan has requested and with your permission granted a leave of absence for the remainder of the session For concurrence the Senate bill 699 the clerk

will read Senate bill 699 [xx] home of desk of information Senator Mckisick is recognized. Very minor changes made the bill I simply ask that you concur. Further discussion or debate Question for the Senate is the passage of the motion to concur in the House committee substitute senate bill 699 all in favor will vote aye opposed will vote no. The bill sponsor asked that you vote aye, five seconds be allowed for the voting. Clerk will record the vote. Senator Blue 42 having voted in the affirmative and none in the negative, the motion to concur passes and the bill will be enrolled and sent to the Governor. House bill 13 the clerk would read. House Bill 13, Amend the school health assessment requirement. Senator Barefoot's recognized. Thank you, Mr. President. Just a small change regarding when and the date of the assessment is due was made to the bill and I ask that you conquer. Further discussion or debate on the motion to adopt the conference report. Hearing none, the question before the senate is the passage of the motion to adopt the report the house bill 13... I'm sorry the house bill 13 all in favor will vote aye all oppose vote no five seconds to be allowed for the voting Clerk will record the vote. Harger aye Blue Aye. Senator Brian Aye 43 having voted in the affirmative and none in the negative the motion to adopt the conference report passes and the house will be so notified notices and announcements Senator Blue what purpose do you rise? For a point of personal privilege Mr. President. You have the floor. Thank you Mr. President and my colleagues here please join the desk is senatorial statement honoring Shaw University on its 150th anniversary, and I commend that senatorial statement to you. Founded in 1865 immediately following the civil war Shaw University was is first historically Black institution of Higher Education in the South second in the country, it anchors the Southern end of down town Raleigh, and has more than $ 84 million economic impact on this region. But more importantly for than 150 years, Shaw has produced outstanding Individuals who have contributed at all levels of society including as college presidents, as academic vice presidents, Judges, Lawyers, Doctors, recording orders to School Principals, Pastors, professional athletes, and other notable persons, yes even even the president of the United Nations general assembly, this past 250 years haven't been with challenges as we all know ensure he has risen to those challenges, it has been [xx] expounding A leader in track and tackling some of the hottest and hottest challenges we face as a nation and the [xx] champion in the southern higher education is legendary and a prop of leaders that they have produced as a result is extremely commendable am extremely proud to have Shawl and that's an internal district down town, the two points I would led with you, Shawl University not only has the trivel[sp] dimension in a tone right, but Charlotte and it's graduates also have established four other Universities in North Carolina historical black North Carolina central, North Carolina ENT fear for state and that was city state. So as you see it's reaches far greater than just that Wake county. And I will tell you that it has populated pastors throughout the state and celebrated pastors

throughout the country, one last thought Charlotte was the convenient location for the establishment of student non violent coordinating committee which was a student wing of the major silhouette movements and the 60's. So we are lucky today to be joined in this assembly by the new president of Charlotte University Dr. Tashni Dubroy, she was a dynamic leader and having known here for several years I'm excited about the version that she brings not only for Charlotte University, but as a longer 35 years for the sate and this nation. I'm sure that issue with Charlotte University continue to be a champion in education across North Carolina and across the world this entire globe for many years to come. Mr. President I will appreciate if you would recognize Dr. [xx] and for delegation at the appropriate time. Senator Blue, Will and sir I understand that you have a senatorial statement that you would like to have present to the [xx] I will do it, thank you very much. OK, if you'll send that up please. I think it's a friend, if not it would be momentarily. Alright, thank you. Members of the senate upon the motion of senator Dan Blue of Wake County, the chair is happy to extend courtesies to Dr Tashi and Debroy, president of Shaw University, Randolph Bazemore, a board member of Shaw University, George Debman board member of Shaw University H. Donell Lewis, a board member of Shaw University Bobby Sanders, a board member of Shaw University, and the vice president, [xx] Stanley Anderson, Alfonso carter and Stanley Elliot. I believe they are in the gallery, if you'll stand please thank you for being here today, and thank you for what you do for education in North Carolina Senator Apodaca, for what purpose do you rise? Mr. President we're going to need tech or [xx] still about 3:15 please, we're going to have our Cr coming over from across the hall, and prior to taking that recess, are there any notices or announcements need to be made. Senator for what purpose do you rise? I'd like to ask senator Pate Ford if he would yield to a question Senator Ford do you yield? I will. He yields. Thank you senator, I noticed during the two bills that were up for concurrence quite a bit of squirming over there into the senatee of your seat, and I wonder if you could explain what the actions might have been Thank you senator, I was wanting to inquire from my colleague senator McKissick what the changes were for the vote for concurrence. I will Senator [xx] do you have anything to say? Yes sure and you might be interested is Senator Ford it was dealing with law enforcement agency across the state and basically provided provision so that names addresses of those officers not have to be out in the public to protect security in the families down in Charlotte Mecklenburg they have a merged county city law enforcement agency that was unique, so what we did was to amend the bill to make certain that it also had an opportunity to benefit the provisions of the bill and that would in fact impact your district. Senator Paye[sp?] for what purpose do yo rise?  I would like to apologize to the senator for asking that question.  Apology is accepted.  Mr president for what purpose do you rise? To make an announcement. You have the floor. Democrats Caucasus briefly immediately following session.  Following session or during the recess? During the recess OK Senator Brown for what purpose do you rise? Have an announcement. State your announcement. Republicans will couscous as well OK so Senator Tillman  no sir Mr president a moment of personal privilege. You have the floor  maybe a moment and a half. Senator Lowe you are following here today and I am with the fine gentleman he's back there behind you I don't know if he wants this told or not but you spoke from the [xx] he was at least republic part of his life found out some other things I won't share with you. I would also say that Senator Ford there

is a gathering place at none of your comrades to go with you for breakfast in certain morning most mornings in fact and I would love for you to invite Senator Mckissic[sp?] over. I want him to know what a real breakfast is I ask him the other day did he have a full breakfast and he said yes I had toast and coffee. For all this years he had been married his wife his has been telling him that's a powerful breakfast. Any other notices or announcements, So senator Alexandra for what purpose you rise? What a personal privacy Mr. President. You have the floor thank you very much Mr. President. The bomb that was dropped on August 6th 1945, which caused [xx] devastation, I'd like to listed immediate Japanese surrender, so on August the 9th, Mayor Charles [xx] flew another V29 bomber, the box car from [xx] thick clouds over the primary target the city of Cicero, drove swiftly to a secondary target, North of Turkey, where the plutonium bomb that man was dropped at 11.02 that morning. All powerful than the one used here in Shimo, the bomb nearly 10, 000 pounds was made to produce is a 22 kt blast. 40, 000 people were killed instantly, and thousands more were sent to the At noon on August the 15th, 1945, this Saturday 70 years ago, Emperor Hirohito announced his country's surrender in a radio broadcast broadcast, stating the devastation caused by new and most crew bomb. The news spread quickly and victims were paying Vijay day celebrations broke out across United States and other realigned nations. The former surrender agreement was signed September the 2nd about the UN battleship Missouri anchored in Tokyo bay. Senator may I have a comment I yield to Senator Raven for person, Senator Raven, for what purpose do you rise? To answer a call from Senator Raven You have the floor think of times this thing will come out of there. We tend to get them in our history, in our view of what went on in World War Two. My memories are quite vivid because of having been above 13 or 14 when the war ended. The [xx] for a lot of reasons time tends to erode our memories. [xx] as historians we want to change the context of what what's going on. Just to quickly give you an overview of the magnitude of what we are talking about, the number of casualties as Senator Robinson mentioned, they were huge but lets look at another. The [xx] conflict that begun in 1939 actually caused 30 million or more civilian lives, 16 million members of the greatest general fought and served in that war from the United States, o those 400, 000 gave the supreme sacrifice the events at Hiroshima and Nagasaki you can discuss and go back and forth any way you want to. What I know for sure from having been and they're that close to history before the fog of war took over is that by all estimates the dropping of those weapons on those cities brought to us an end of the war that saved us over a million casualties for US Forces, and brought to an end a conflict that inflamed the world, engulfed the world, 30 nations had to fight. You just can't come to grips with that in terms of contemporary history where things happen here and there's a hotspot there. This was a global conflict brought to a dramatic end and thankfully the good guys ended up winning, and we enjoy the freedoms that we have now and they're plenty as compared to what would have happened had the bad guys who began the war won the war. I thank God for the people that fought that war so that I can stand here, and we can all debate over the bills that we debated today, openly and with great confidence that the bad guys are not coming to go put us in jail for what we say. You can thank them, and on the 18th of August next week we're going to have somewhere around 20 of those World War 2 veterans here, and we're going to honor them with a little ceremony and I hope everybody can be here for that, and I thank you for your time and your indulgence. The motion is that the Senate stand in recess until 3 PM that recess will subject to the standards and stipulations set forth in Rule 24.1 and messages from the House.

Without objection so ordered the Senate stands in recess. You're ready?.  Mr president, house bill 13 conference report, a bill to be entitled an act to require each child presented for admission into the public schools for the first time. [xx to submit prove of the health assessment due require an absence due to the failure to represent the health assessment transmittal form not resolve in suspension and to allow students to make up the work place to specify the information shall be included on health assessment transmittal form and to allow students to have access to the form, and to require the Department Health and Human Services and the Department of Public Instruction to amend the health assessment transmittable reform and to report to the current legislative oversight committee on health and human services and to the joint legislative education oversight committee, respectively  in this weeks principal clerk. A senatorial statement ordering Shaw University on its 50th anniversary. We ask Shaw University was founded in 1865 by adopting Henry Martin Tuper, a native of Massachusetts. A graduate in   [xx] college and Newton Theological Cemetery and a seminary and a former Chaplain in the US Army and whereas Dr. Henry Mrtin Tuper will be inducted in the Raleigh Hall of Fame October 5th, 2015 due to his service and commitment to Shaw University, and where Shaw University where the first college in the nation to offer a four year medical program, graduating 438 students from 1882 to 1918 from Leonard Medical school, and served as the only law school for blacks from Western to Texas, are any portion of the South graduating 54 students before closing in 1914. And whereas Shaw University was the first historic and black college to admit women and be granted an A rating by the state Department of Public Instruction, and whereas the Student Non Violent Coordinating Committee, SNCC, was established on Shaw University Campus in 1960, and whereas in 1976 a task force was appointed to about plan for what is now know as the Center for Alternate Program in Education, CAPE, and beginning 1980, [xx] locations were established in addition to a rally main campus site. Since 1994 more than 4, 000 students who graduated from the program, and where the graduates of [xx] University were found historically invite colleges and universities including, Elizabeth Study University, North Carolina ANT State University, Federal State University and North Carolina Central University. And whereas Shaw University graduates includes several college a number of academic vice-presidents, judges, lawyers, recording artists, school principles, teachers of the year, president of the United Nations General Assembly and other notable persons. And whereas [xx] members of the Shaw University W. E Atkins, Charles Fraser and H. P Hargreaves comprised one third of the founding members of the central intercollegiate athletic association, CRAA in 1912 and whereas in March 24th 2012, the women's basketball team won the NCAA division II National Championship giving Shaw university its first National Championship. Now therefore Shaw University should be commended for it's commitment to educating students and participating in the community and congratulated it on its 150th anniversary and witness whereof the undersigned certified for the more statement read in the

senate and placed upon journal on 12th day of August 2015, submitted by Senator Daniel T. Booth. Sarah Lang, Principle Clerk Senate will stand in recess, subject to the standard stipulations set forth in senate rule 24.1 and messages from the house until 3:45. Message from the house, house committee substitute for senate bill 560, an act authorizing the director of the budget to continue expenditures for the operation of government at the level, in effect on June 30th 2015 until August 31st 2015 receive or concurrence in the house committees substitute. Senate will come to order. Sergeant at arms close the doors, members will return to their seats. Senator Apodaca is recognized for a motion. Mr. President while we were in recess Senator Bill 560 came back from the house I move the rules be suspended in the end be brought before us for immediate consideration. Any objection? So ordered. The clerk will read Senate Bill 560, 2015 Continuing Budget Authority. Senator Brown is recognized to explain the resolution. Thank you, Mr. President. Members, I know sometimes it looks like there is not anybody doing any talking, but I can assure you all week there has been a lot of discussion, and I guess I can say that we're closer than we were but we're still not quite there yet, and we plan to continue to work this afternoon and tomorrow morning, and hopefully we can come to resolution on a number that we can all agree with and move forward. We're putting together a budget in the next couple of weeks. So we need to extend the CR and there is a few changes to the CR, and I'll briefly touch on them because they were basically in the both budgets. What it does is it extends it until August 31st, 2015. It does take care of the obligations through JDIG Grants and One North Carolina Funds that had been obligated in previous years, so it funds those. It continues rates of the office of information technology, at last year's rates. Appropriates receipts from fee increases for the [xx] observer program which is important for some of those folks, [xx] contingency broad [xx] funds that goes ahead and budgets those it allows agencies to spend funds that they've received from certain Federal grant funds, it allows that, and it also revises childcare [xx] policy exclude non parent caretaker, relatives, grand parents provision that we've passed in both of the budgets. That's pretty much what it does, and I'll try to answer any questions if there are. Further discussion or debate? Senator Apodaca, for what purpose do you rise? To speak on the motion you have the floor. Thank you Mr. President, members. I want to first thank our appropriations chairs for all their work and effort they put [xx] that I can't vote for this. Schools will be starting next week nobody knows what the number are going to be

what school system are going to have. We've tried in this chamber to provide those numbers but other people in this building don't seem to care, what the schools are facing, what they'd know in their numbers next week I mean there's a [xx] a couple of weeks ago and it's' no different from the one they send us today just a different date so you know it's time to get down and get this done enough is enough so I called you to vote against this resolution, a concurrence motion. Mr. President? Senator Tillman, for what purpose do you rise? Our big budget chair have been wrestling this, for this a whole lot more than I have or Senator Apodoca has. If we don't pass it the school will still not going to know anything. And they are not going to know anything until we pass the budget, and we got a quarter day and a half, two days before the deadline and you think we'll get all those things straightened out in that time? No, we are not, then we've got to have a plan if you don't do this tell me what you do, I don't want to extend it it look like we are playing games and there are games being played, but we got to have a plan to get to get the thing finished, and if it takes two weeks well, my gracious it's take two weeks. If you say no and you still want to have a budget, and the school still won't know anything. So what are you gaining and I have to hold my nose to vote to extend this thing I'll say that, but if our big budget chairs have worked very hard [xx] and they say we have to do this, then who I'm I to say no, let's just shut everything down. I'm not for that Further discussion or debate. Senator Jackson for what purpose you rise? Speak to the motion Have the floor I could agree more with Senator Apadoca and frankly I can't help but thinking that if democrats were in charge right not the majority will be wind up 10 feet deep calling us irresponsible. We need to hold ourselves accountable. We have an obligation to pay the bills in a timely manner and we have failed. Our inaction has created instability in schools across the state, some districts are assuming the worst case scenario in laying off teacher assistants right now. Some counties are looking under the couch caution for money to cover teacher assistants, operating on a continuing resolution might not be a big deal for legislators but is creating real confusion in schools across our state just as they're opening their doors as school begins there's a big question mark hang over teachers salaries, teacher assistants, and text books. I couldn't agree with Senator [xx] but awkwardly I also couldn't agree more with Senator Tilman that the worst case scenario is not passing anything and going from confusion to catastrophe which is what our state budget director told us would occur, if we allow the budget not to be continued and we shut down the government. Here we are on the brink of a plus of this. This is what our state expects out of of DC, not us, the same party controls both chamber. A super majority in both chambers and we are two days away from shutting down the government. Further discussion or debate. Hearing none, question for the Senate is the passage Mr. President Senator Mckissick for what purpose you rise? Speaking resolution Have the floor And I had to sigh, you know a sigh is very appropriate because it's a very sad state of affair that we are in, when we don't have a bucket [xx] in the bucket year. We were here for a long session, we've been here since January, this bracket has been worked on for months. I appreciate the vigorous and hard work that is going into it by the appropriations Chairs and budget subcommittee Chairs, but this crisis education is not just [xx] it's already here. This school district across this state right now that have year round schools they are having to go ahead and make decisions in the fall. They don't know if the decisions they make today about hiring teaching assistants, they don't know if other funds they are allocation for that purpose would be [xx] come up for budget, that type of uncertainly is really unnecessary Senator Apodaca is right, we need to

have some means of making decisions be they short term relating to this critical issues related to education, this continuing resolution needs to at least have a bandate[sp?] fixed when it comes to education now we may not be able to agree on a host of other things, but when it comes to education we need to be prepared today to give some certainly there's [xx] that's in place in our school system it needs to be accounted for. There's a host of resources that needs to be addressed so when it comes state education if we can't agree upon anything else that needs to be addressed in this continuing resolution. I'm seating here today we need to make sure we have money to continue government and that's absolutely true but, I'm wondering also if we voted against it, if it was insufficient message that people will go back and [xx] to come back for better fix between now and the time that the present resolution expires. Ask a question to the debate. Senator Rita for what purpose do you rise?   Thank you Mr. President,  members of the senator.  Senator Jackson is going to have an opinion and righteous indignation and of course you're relatively new hear, but when I was here for the first four terms, three that which we were delayed, and that was when your party, the democrat party was the one in charge, and I think I would remember all, I don't even think one time didn't we ever get a budget in on time, secondly, I remember a time when I was there in November. So being critical of that without knowing the facts of the history is probably very short sighted. I remember getting on the senate floor and saying, you know ladies and gentleman, you know it's time for us to go home, because when I went home that weekend, I opened the door and my son said to my wife, that man is back again. So, know the history before you open your mouth, thank you.  Senator Brown, for what purpose do you rise? I just want to clarify something. The previous TER took care of growth [xx] in 2012, that continues. So that has been taken care of, senator Mackesick, I just had to say that since you made that statement. Further discussion or debate? Senator Blue, for what purpose do you rise? Briefly debate the motion.  You have the floor. Thank you Mr. President. First, one can have his own opinions but not his own facts, because, [xx] when there's a continuing resolution the items that most folks can agree on [xx] with the education. Teacher pay raises and things of that nature, have been negotiated and advanced and made part of the continuing resolution. and, going for a simple reason, it's that three to four, education was something that most folks agree on, they knew that there was growth on the public schools. Biggest growth in the state is in my school District and they have decided to vote multiple millions of dollars to preserve teachers assistance because it is important, but they initially did it, to give teachers a pay raise and increase the subsides. This district has the ability to move that money over to hire teachers assistance, because that's an important decision that our school boarding county commissioner have made., But historically Senator Rucho, we've been there until November and December even the time, that the budget was not reserved until later in the year, having uncertainty in those key areas. Teachers knew with their salaries are going to be, there was an agreement with the leadership as to whether it would be at the end. We have not done any of that and the last thing that I would say to you, and I've said it loudly and I say it even more in public here because I find myself saying it to my grand kids all the time. Just because one did something wrong on, it's not sufficient reason, for you to do long so. So even if people in the past did it, we have to get it right to mature adults and figure out yeah you did it bad a pox on your house but I am not going to continue doing it because consistently that he did in the past, we're living in the present, and hopefully if we've got some vision, we'll be living in the future. So even if your predecessors or my predecessors or those who our, before you did, if it is was wrong, then it's still wrong and we will not do it and we need certain TMS process. Senator Apodaca has given us some process call it [xx] choice< some say a dilemma, and [xx] up, because I agree with them totally. It's time to fix these

things that ought to be fixed, but I'm not want to participate and shutting down the government and I know that that's exactly what will happen. So I'm going to vote for this continuing resolution, even though my instincts tells me tell me that it is the best thing to do, but we have no choice, but to continue operating this government. Further discussion or debate. Hearing none, the question before the Senate is the passage of the motion to concur in the Senate Committee Substitute to Senate Bill 560. All in favor will vote aye. All opposed will vote no. Five second will be allowed for the voting, clerk will record the vote. Till man up, Senator Newton 33 having voted in the affirmative and none in the negative, so the motion passes so and the bill will be enrolled and sent to the government. Senator Apodaca, for what purpose do you rise? I guess we need to send that special messenger. Without objection, it's an order. It's a further business come for the senate If not the Chair recognizes Senator Pate for a motion. Thank you Mr. President a move that the senate do now adjourn subject to standards stipulation set fourth in the senate rule 24.1, the radification of bills, the appointment of conferees the receipt of conference reports, and the receive of house messages to reconvene on Thursday August 13th 2015 at 11 AM. Motion is that the senate do now adjourn subject to the stipulation stated by senator Page reconvene on Thursday August 13, 2015 at 11 A. M seconded by senator Lee all in favour say aye all oppose no the ayes have the senate stands adjourned.