THE LIBRARY OF THE
UNIVERSITY OF
NORTH CAROLINA
THE COLLECTION OF NORTH CAROLINIANA
C328.I
N87
1969 Senate
UNIVERSITY OF N.C. AT CHAPEL HILL
00034006575
rUK U5t UJNLY IJN
; I
THE NORTH CAROLINA COLLECTION
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JOURNAL
OF
THE SENATE
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF NORTH CAROLINA
SESSION 1969
PRINTED BY LITHOGRAPHY AND BOUND IN U.S.A. BY LITHO INDUSTRIES, INC., RALEIGH, NORTH CAROLINA
OFFICERS AND MEMBERS OF
THE SENATE OF NORTH CAROLINA
SESSION OF 1969
H. PATRICK TAYLOR, JR., President Wadesboro
N. HECTOR McGEACHY, JR., President Pro Tempore Fayetteville
ROY ROWE, Principal Clerk Burgaw
W. EUGENE SIMMONS, Reading Clerk Tarboro
BROOKS W. POOLE, Sergeant-At-Arms Raleigh
DISTRICT
NAME OF SENATOR
ADDRESS
1 J. J. HARRINGTON Lewiston
GEORGE M. WOOD Camden
2 EDGAR J. GURGANUS Williamston
3 NORRIS C. REED, JR New Bern
4 JULIAN R. ALLSBROOK Roanoke Rapids
VERNON E. WHITE Winterville
5 CHARLES H. LARKINS, JR Kinston
6 ALBERT J. ELLIS Jacksonville
7 EDWARD F. GRIFFIN Louisburg
8 J. MARVIN JOHNSON Smithfield
J. RUSSELL KIRBY Wilson
9 LINDSAY C. WARREN, JR Goldsboro
10 JOHN J. BURNEY, JR Wilmington
STEWART B. WARREN Clinton
11 GORDON P. ALLEN Roxboro
CLAUDE CURRIE Durham
12 J. RUFFIN BAILEY Raleigh
JYLES J. COGGINS Raleigh
13 WILLIAM W. STATON Sanford
14 JOHN T. HENLEY Hope Mills
N. HECTOR McGEACHY, JR Fayetteville
15 SANKEY W. ROBINSON Whiteville
16 FRANK R. PENN Reidsville
17 RALPH H. SCOTT Haw River
18 HARGROVE ( SKIPPER) BOWLES Greensboro
ELTON EDWARDS Greensboro
COOLIDGE MURROW High Point
19 W. D. JAMES Hamlet
WILLIAM P. SAUNDERS Southern Pines
20 HECTOR MacLEAN Lumberton
21 FRED FOLGER, JR Mount Airy
22 HARRY BAGNAL Winston-Salem
GERALDINE R. NIELSON Winston-Salem
23 ODELL SAPP Salisbury
24 JOHN R. BOGER, JR Concord
FRANK N. PATTERSON, JR Albemarle
25 THOMAS RHUDY BRYAN, SR Wilkesboro
26 NORMAN H. JOYNER Troutman
J. REID POOVEY Hickory
27 MARTHA W. EVANS Charlotte
CHARLES K. MAXWELL Huntersville
HERMAN A. MOORE Charlotte
28 DAVID T. FLAHERTY Lenoir
29 MARSHALL A. RAUCH Gastonia
JACK H. WHITE Kings Mountain
30 CLYDE M. NORTON Old Fort
31 BRUCE B. BRIGGS Mars Hill
R. T. DENT Spruce Pine
32 CARROLL W. WILKIE Fletcher
33 HERMAN H. WEST Murphy
SENATE JOURNAL
SESSION 1969
FIRST DAY
Senate Chamber, Wednesday, January 15, 1969.
In accordance with law, at the hour of 12m, the Senate of the General Assembly of North Carolina assembles this day in the Senate Chamber in the City of Raleigh.
The Honorable H. Patrick Taylor, Jr., Lieutenant Governor, calls the Senate to order.
The following prayer is offered by the Reverend George E. Simmons, Pastor of the First Baptist Church, Hillsborough, North Carolina:
Almighty God, our Heavenly Father: We stand with bowed heads and reverent hearts to acknowledge Thee as our God. Grateful are we for the blessings of the past. Sincerely desirous are we of Thy continued blessings.
We are grateful for these who have offered themselves, with their varied talents and abilities, to serve in the Senate of this General Assembly of our State.
We thank Thee for the presiding officer of this body. We thank Thee for his life, his ability and dedication to good government. Be with him as he presides over this body in his usual kind, impartial and efficient manner. May Thy spirit guide him and Thy blessings be upon him.
We thank Thee for the members of this body, for their willingness to serve Thee in this branch of our government. Grant unto each of them wisdom, integrity, fidelity and courage as they fulfill the responsibilities of their office to Thee and to the people of our State.
We pray, our Father, not only for the officers and members of this group but for all the people of the great State of North Carolina. Grant that we may fulfill our responsibilities of citizenship. Grant that in this new year we may have the blessings of Peace, Progress and Prosperity.
This our prayer we make in the name of Jesus Christ Our Lord. Amen.
The roll of the Senate is called and the following Senators-elect appear with the proper certificates of election and take and subscribe to the follow- ing oath of office, which is administered by Chief Justice R. Hunt Parker of the North Carolina Supreme Court:
"I solemnly swear or affirm that I will support the Constitution and laws of the United States, and I do solemnly and sincerely swear or affirm that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain, and defend the Constitution of said State, not inconsistent with the Constitution of the United States to the best of my knowledge and
6 SENATE JOURNAL [Session
ability; and I do solemnly and sincerely swear or affirm that I will faith- fully discharge my duties as a member of the Senate of the 1969 General Assembly of the State of North Carolina to the best of my skill and ability, according to law, so help me, God."
To which oath each of the following Senators answer, "I do."
First District — J. J. Harrington and George M. Wood
Second District — Edgar J. Gurganus
Third District — Norris C. Reed, Jr.
Fourth District — Julian R. Allsbrook and Vernon E. White
Fifth District — Charles H. Larkins, Jr.
Sixth District — Albert J. Ellis
Seventh District — Edward F. Griffin
Eighth District — J. Marvin Johnson and J. Russell Kirby
Ninth District — Lindsay C. Warren, Jr.
Tenth District — Stewart B. Warren
Eleventh District — Gordon P. Allen and Claude Currie
Twelfth District — J. Ruffin Bailey and Jyles J. Coggins
Thirteenth District — William W. Staton
Fourteenth District — John T. Henley and N. Hector McGeachy, Jr.
Fifteenth District — Sankey W. Robinson
Sixteenth District — Frank R. Penn
Seventeenth District — Ralph H. Scott
Eighteenth District — Hargrove (Skipper) Bowles, Elton Edwards and Coolidge Murrow
Nineteenth District — W. D. James and William P. Saunders
Twentieth District — Hector MacLean
Twenty-first District — Fred Folger, Jr.
Twenty-second District — Harry Bagnal and Geraldine R. Nielson
Twenty-third District— Ode\l Sapp
Twenty-fourth District — John R. Boger, Jr. and Frank N. Patterson, Jr.
Twenty-fifth District — Thomas Rhudy Bryan, Sr.
Twenty-sixth District — Norman H. Joyner and J. Reid Poovey
Twenty -seventh District — Martha W. Evans, Charles K. Maxwell and Herman A. Moore
Twenty-eighth District — David T. Flaherty
Twenty-ninth District — Marshall A. Rauch and Jack H. White
Thirtieth District — Clyde M. Norton
Thirty-first District — Bruce B. Briggs and R. T. Dent
Thirty-second District — Carroll W. Wilkie
Thirty-third District — Herman H. West
The President announces that the oath of office was administered to Senator John J. Burney, Jr. of the Tenth District in Wilmington this morn- ing by the Honorable Elbert S. Peel, Jr., Judge of the Second District Court.
The President announces that a quorum of all Senators is present, and that the Senate is ready to proceed with the election of officers.
ELECTION OF OFFICERS
For President Pro Tempore of the Senate, Senator L. Warren of Wayne places in nomination Senator N. Hector McGeachy, Jr. of Cumberland County.
1969] SENATE JOURNAL 7
Senators Bagnal, Henley, Wood and Norton second the nomination.
There being no further nominations, the roll of the Senate is called.
Those voting for Senator McGeachy are: Senators Allen, Allsbrook, Bagnal, Bailey, Boger, Bowles, Briggs, Bryan, Coggins, Currie, Dent, Ed- wards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.
Senator McGeachy votes "present".
Senator McGeachy having received the unanimous vote of the Senators is declared duly elected.
The President appoints Senators Henley and Scott to escort President Pro Tempore McGeachy to the well of the Senate, where he is administered the prescribed oath of office by Chief Justice R. Hunt Parker of the North Carolina Supreme Court.
For Principal Clerk of the Senate, Senator S. Warren of Sampson places in nomination the name of Roy Rowe of Pender County.
Senators Flaherty and MacLean second the nomination.
There being no further nominations, the roll of the Senate is called.
Those voting for Mr. Rowe are: Senators Allen, Allsbrook, Bagnal, Bailey, Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Station, S. Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.
Mr. Rowe having received the unanimous vote of the Senators is de- clared duly elected and he takes the prescribed oath of office, which is administered by Associate Justice J. Frank Huskins of the North Carolina Supreme Court.
For Reading Clerk of the Senate, Senator Bailey places in nomination W. Eugene Simmons of Edgecombe County.
Senators Nielson and Ellis second the nomination.
There being no further nominations, the roll of the Senate is called.
Those voting for Mr. Simmons are: Senators Allen, Allsbrook, Bagnal, Bailey, Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Station, S. Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.
Mr. Simmons having received the unanimous vote of the Senators is de- clared duly elected and he takes the prescribed oath of office, which is administered by Associate Justice I. Beverly Lake of the North Carolina Supreme Court.
For Sergeant-at-Arms of the Senate, Senator Bailey places in nomination Brooks W. Poole of Wake County.
8 SENATE JOURNAL [Session
Senator Briggs seconds the nomination.
There being no further nominations, the roll of the Senate is called.
Those voting for Mr. Poole are: Senators Allen, Allsbrook, Bagnal, Bailey, Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.
Mr. Poole having received the unanimous vote of the Senators is declared duly elected, and he takes the prescribed oath of office, which is administered by Associate Justice I. Beverly Lake of the North Carolina Supreme Court.
A message is ordered sent to the House of Representatives informing that Honorable Body that the Senate is organized and ready to proceed with public business.
Senator Briggs announces that the Republican caucus has elected Senator Bagnal of Forsyth County as the Minority Party leader.
Upon motion of Senator McGeachy, the Rules of the 1967 Senate of the General Assembly are unanimously adopted as the temporary rules of the 1969 Session.
APPOINTMENT OF COMMITTEE
The President announces the appointment of the following standing com- mittee :
Committee on Rules: Senators McGeachy, Chairman; Moore, Vice Chair- man; Dent, Vice Chairman; Bagnal, Bailey, Burney, Edwards, Ellis, Norton, J. White of Cleveland.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator McGeachy: S. J. R. 1, a joint resolution relative to the inauguration of the Honorable Robert W. Scott as Governor of North Caro- lina; and informing His Excellency, Governor Robert W. Scott, that the General Assembly is organized and ready to proceed with public business and inviting the Governor to address a Joint Session of the Senate and House of Representatives at 12:30 p.m., Wednesday, January 22, 1969.
Upon motion of Senator McGeachy, the rules are suspended and the resolution is placed upon its immediate passage.
Passes its second and third readings and is ordered sent to the House of Representatives, by special messenger.
By Senators Bowles, L. Warren of Wayne, Rauch and Scott: S. B. 2, a bill to establish a system of youth councils that will provide the youth of North Carolina an opportunity to develop leadership skills and become responsible citizens.
Referred to Committee on Rules, pending appointment of committees.
1969] SENATE JOURNAL 9
By Senator Johnson: S. B. 3, a bill amending Chapter 151 of the General Statutes so as to authorize constables to serve criminal and civil process, and authorizing county commissioners to fix the salaries of constables.
Referred to Committee on Local Government.
SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES
The following special message is received from the House of Representa- tives :
January 15, 1969 Mr. President :
It is ordered that a message be sent to the Senate informing that Honor- able Body that the House of Representatives is organized and is now ready to proceed with the public business, and for your information advises that the following officers have been elected :
Speaker Earl W. Vaughn
Principal Clerk Jo Ann Smith
Reading Clerk Sam J. Burrow, Jr.
Sergeant-at-Arms Archie T. Lane
Respectfully,
Jo Ann Smith, Principal Clerk
The President grants leave of absence to Senator Burney for today and to Senator Currie for tomorrow, January 16, 1969.
The President extends the courtesies of the galleries to the Honorable Dan K. Moore, former Governor of North Carolina, and to former Senator Thomas J. White of Lenoir County.
The President extends the courtesies of the floor to former Senators Gilmore of Moore County, Bridgers of Edgecombe County, Hightower of Anson County and Humber of Pitt County.
Upon motion of Senator Allsbrook, the President extends the courtesies of the floor to the Honorable John D. Larkins, United States District Judge for the Eastern District of North Carolina and uncle of Senator Charles H. Larkins, Jr. of Lenoir County.
Upon motion of Senator McGeachy, the President extends the courtesies of the floor to Mrs. H. Patrick Taylor, Jr.
The President extends the courtesies of the floor to the following dis- tinguished guests from Anson County: the Honorable A. Paul Kitchin, former member of Congress, and Mrs. Kitchin; Miss Jane Pratt, first woman member of Congress from North Carolina; Mr. Linn D. Garibaldi, former Chairman of the North Carolina Prison Commission; the Honorable T. Lamar Caudle, former United States Assistant Attorney General; the Honorable Hal Little, former member of the House of Representatives; Sheriff Edward Jarman; Miss Hazel Tice, Register of Deeds; Mr. F. J. Cloud, Jr., Chairman, Board of County Commissioners; the Honorable R. E. Little, Mayor of Wadesboro; Mr. O'Neill Jones; and Mr. Herman Hardison.
Upon motion of Senator Allsbrook, the Senate adjourns in honor of the memory of the late beloved S. Ray Byerly of Lee County, Principal Clerk of the Senate from 1937 through 1967, to meet tomorrow at 12 M.
10 SENATE JOURNAL [Session
SECOND DAY
Senate Chamber, Thursday, January 16, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Pastor, Western Boulevard Presbyterian Church, Raleigh.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands ap- proved as written.
The President grants leave of absence to Senator Saunders for today, January 16, and to Senator Harrington for today and tomorrow, January 16 and 17.
The President grants leave of absence to Senators Gurganus, Staton and Griffin for tomorrow, January 17, 1969.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator McGeachy: S. R. 4, a resolution to allocate funds for certain telephone and postage requirements for members of the Senate.
Referred to Committee on Rules.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions, which are read the first time, and dis- posed of as follows:
H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her outstanding service as executive director of the North Carolina Mental Health Association.
Referred to Committee on Rules.
special message from the house of representatives
House of Representatives, Thursday, January 16, 1969. Mr. President:
It is ordered that a message be sent to your Honorable Body with the information that pursuant to S. J. R. 1, "a joint resolution relative to the inauguration of the Honorable Robert W. Scott as Governor of North Caro- lina; and informing His Excellency, Governor Robert W. Scott, that the General Assembly is organized and ready to proceed with public business and inviting the Governor to address a Joint Session of the Senate and House of Representatives at 12:30 p.m., Wednesday, January 22, 1969", the Speaker has appointed on the part of the House of Representatives to
1969] SENATE JOURNAL 11
serve with a like Committee of the Senate, Representatives Baugh, Bum- gardner and Fenner.
Respectfully,
Jo Ann Smith, Principal Clerk
Upon motion of Senator Allsbrook, the Senate adjourns in honor of the memory of the Honorable T. Clarence Stone, former member of the Senate and presiding officer of the Senate in the 1963 Session of the General As- sembly, to meet tomorrow morning at 10 o'clock.
THIRD DAY
Senate Chamber, Friday, January 17, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutentant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Pastor, Western Boulevard Presbyterian Church, Raleigh.
Senator Moore for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Senator McGeachy announces that the proposed rules for the 1969 Session have been placed on each member's desk and that these will be taken up for consideration at the session of Tuesday, January 21, 1969.
The President grants leave of absence to Senator White of Cleveland for today, and to Senators Bagnal and Murrow for Monday, January 20, 1969.
Upon motion of Senator Bowles, the President extends the courtesies of the galleries to Mayor Pro Tempore Forest Campbell of Greensboro.
The President appoints Senators Penn, Allsbrook, Bowles, Currie and Scott to represent the Senate; and Mr. W. Eugene Simmons, Reading Clerk, to represent the Senate staff at the funeral of the Honorable T. Clarence Stone, former President of the Senate.
The President appoints Senators Evans, Rauch and White of Cleveland to represent the Senate at the funeral of Mrs. 0. Max Gardner.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Bailey: S. B. 5, a bill to make certain technical and clarifying amendments to General Statutes Chapter 9, "Jurors".
Referred to Committee on Courts and Judicial Districts.
By Senator Flaherty: S. B. 6, a bill to amend Section 7 of Chapter 413 of 1963 Session Laws, relating to the town of Morganton Board of Alcoholic Beverage Control, so as to increase the share of net profits allocable to finding alcoholism causes and cures and to broaden scope of activities authorized therefor and for other purposes.
12 SENATE JOURNAL [Session
Referred to Committee on Alcoholic Beverage Control.
By Senator Edwards: S. B. 7, a bill to protect children through licensing of day-care facilities and other limited regulation.
Referred to Committee on Rules (pending re-referral).
By Senator McGeachy: S. J. R. 8, a joint resolution authorizing an official delegation to represent the General Assembly at the funeral of the Honorable T. Clarence Stone.
Upon motion of Senator McGeachy, the rules are suspended and the bill is placed upon its immediate passage.
Passes its second and third readings and is ordered sent to the House of Representatives by special messenger.
Upon motion of Senator West, the Senate adjourns to meet tomorrow morning at 9:30 o'clock, at which time only Public Local bills will be con- sidered, and adjournment will be until Monday evening at 8 o'clock.
FOURTH DAY
Senate Chamber, Saturday, January 18, 1969.
The Senate meets pursuant to adjournment, and in the absence of Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins to the Chair, who calls the Senate to order and presides during the Session.
Prayer is offered by Senator Coggins.
Senator Coggins for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands ap- proved as written.
Upon motion of Senator Bailey, the Senate adjourns to meet Monday evening at 8 o'clock.
FIFTH DAY
Senate Chamber, Monday, January 20, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend W. W. Finlator, Pastor of Pullen Memorial Baptist Church, Raleigh.
Senator Wood announces that the Journal of Saturday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President grants leave of absence to Senators Allen and Scott for tonight and to Senator Harrington for tonight and for tomorrow.
1969] SENATE JOURNAL 13
The President grants leave of absence to Senator Staton for tomorrow, January 21, 1969.
The President grants leave of absence for the entire week — January 20 through January 25 — to Senator Bryan who is confined to Wilkes General Hospital, North Wilkesboro, with pneumonia.
The President extends the courtesies of the galleries to Attorney General Robert B. Morgan and members of his staff.
Upon motion of Senator Bailey, the President extends the courtesies of the galleries to Girl Scout Troop No. 283 of Aldert Root School, Raleigh.
Pursuant to Joint Resolution 1, the President of the Senate appoints Senator Burney of New Hanover and Senator Henley of Cumberland to notify His Excellency, Robert W. Scott, Governor, that the Senate is organized and to invite him to address a Joint Session pursuant to the resolution.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on Appropriations: Senators L. Warren of Wayne, Chairman: Allen, Allsbrook, Bagnal, Bailey, Boger, Burney, Coggins, Dent, Edwards, Flaherty, Folger, Gurganus, Harrington, Henley, James, Larkins, MacLean, Moore, Murrow, Norton, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, West, V. White of Pitt.
Committee on Finance: Senators Scott, Chairman; J. White of Cleveland, Vice-Chairman; Bowles, Vice-Chairman; Briggs, Bryan, Currie, Ellis, Evans, Griffin, Johnson, Joyner, Kirby, McGeachy, Maxwell, Nielson, Patterson, Penn, Staton, S. Warren of Sampson, Wilkie, Wood.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
S. J. R. 1, a joint resolution relative to the inauguration of the Honorable Robert W. Scott as Governor of North Carolina; and informing His Ex- cellency, Governor Robert W. Scott, that the General Assembly is organized and ready to proceed with public business and inviting the Governor to address a Joint Session of the Senate and House of Representatives at 12:30 p.m., Wednesday, January 22, 1969.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Flaherty: S. B. 9, a bill to repeal Chapter 338 of the Session Laws of 1963 relating to the boundary lines of the Lenoir School Admini- strative Unit.
Referred to Committee on Local Government.
By Senator Bowles: S. J. R. 10, a joint resolution congratulating the Greensboro, North Carolina Jaycees.
14 SENATE JOURNAL [Session
Upon motion of Senator Bowles, the rules are suspended and the bill is placed upon its immediate passage.
Passes its second and third readings and is ordered sent to the House of Representatives by special messenger.
By Senators Evans, Rauch and J. White of Cleveland: S. J. R. 11, a joint resolution honoring the memory of an active and gracious lady, Mrs. 0. Max Gardner.
Upon motion of Senator Evans, the rules are suspended and the bill is placed upon its immediate passage.
Passes its second and third readings and is ordered sent to the House of Representatives by special messenger.
By Senators Nielson, Bagnal and Briggs: S. R. 12, a Senate resolution to revise Senate Rule 40.
Referred to Committee on Rules.
By Senators Bowles and Rauch: S. B. 13, a bill to amend General Statutes 163-147 so as to prohibit electioneering within 500 yards of a voting place.
Referred to Committee on Election Laws.
Upon motion of Senator Burney, the Senate adjourns to meet tomorrow at 12:00 M.
SIXTH DAY
Senate Chamber, Tuesday, January 21, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Right Reverend Thomas A. Fraser, Bishop of the Episcopal Diocese of North Carolina.
Senator Dent for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the galleries to Mrs. Ann Bagnal, wife of Senator Bagnal.
Upon motion of Senator Currie, the courtesies of the galleries are ex- tended to the fifth grade of Hoke Elementary School, Durham.
The President extends the courtesies of the floor to the Honorable Thad Eure, Secretary of State.
Senator McGeachy for the Committee on Rules submits the following report:
Senate Rules, Session 1969
Order of Business
Rule 1. Rules controlling the Senate of North Carolina and its commit- tees.— The following rules shall govern and control all actions and pro- cedures of the Senate and its committees.
1969] SENATE JOURNAL 15
Rule 2. Convening hour. — The President shall take the chair, at the hour fixed by the Senate upon adjournment on the preceding legislative day, and shall call the members to order. In case the Senate adjourned on the preceding legislative day without having fixed the hour of reconven- ing, the Senate shall reconvene on the next legislative day at 12:00 noon.
Rule 3. Opening the session — The President shall, upon order being obtained, have the sessions of the Senate opened with prayer.
Rule 4. Convening in absence of President. — In the absence of the President, the President pro tempore shall reconvene the Senate and pre- side, and during such time shall be vested with all powers of the President except that of casting a vote in case of tie when he shall have voted as a Senator. And in the event of the absence of the President and President pro tempore at any time fixed for the reconvening of the Senate, the Principal Clerk of the Senate, or in his absence also, some member of the Senate Committee on Rules, shall call the Senate to order and designate some member to act as President.
Rule 5. — Quorum. — (a) A quorum consists of a majority of all the quali- fied members of the Senate.
(b) When a lesser number than a quorum convene, the Senators present may send the doorkeeper or any person, for any or all absent Senators, as a majority of the Senators present determine.
Rule 6. Approval of Journal. — After the prayer, and upon appearance of a quorum, the President shall cause the Journal of the preceding day to be read and approved, unless the Chairman of the Committee on Rules or some member of the Senate by motion sustained by a majority of the members present, have the reading thereof dispensed with and the same approved as written.
Rule 7. Order of Business. — After approval of the Journal, the order of business shall be as follows:
(1) Reports of standing committees.
(2) Reports of select committees.
(3) Introduction of bills, petitions, and resolutions.
(4) Messages from the House of Representatives.
(5) Unfinished business of preceding day.
(6) Special orders.
(7) General Orders — First, local bills on third reading roll call, then local bills on second reading roll call. After that the viva voce second reading local calendar in numerical order, taking up the Senate bills in first order. After disposition of the local calendar, the public calendar of bills will be considered in the same order, that is:
(a) Third reading roll call bills.
(b) Second reading roll call bills.
(c) Second reading bills to be considered viva voce, with Senate bills taking precedence in order over House bills.
But messages from the Governor and House of Representatives and communications and reports from State officers and reports from the Com- mittee on Rules may be received and acted on under any order of business.
16 SENATE JOURNAL [Session
Conduct of Debate
Rule 8. President to maintain order. — The President shall have general direction of the Hall of the Senate and shall be authorized to take such action as is necessary to maintain order, and in case of any disturbance or disorderly conduct in the galleries or lobbies, he shall have the power to order the same cleared.
Rule 9. Substitution for president. — The President shall have the right to call on any member to perform the duties of the Chair, but substitution shall not extend beyond one day.
Rule 10. Points of order. — (a) The President shall preserve order and decorum and proceed with the business of the Senate according to the rules adopted. He shall decide all questions of order, subject to an appeal to the Senate by any member, on which appeal no member shall speak more than once unless by leave of the Senate. A two-thirds vote of the members present is necessary to sustain any appeal from the ruling of the Chair.
(b) In the event the Senate Rules do not provide for, or cover any point of order raised by any Senator, the rules of the United States House of Representatives shall govern.
(c) When a Senator is called to order he shall take his seat until the President determines whether he was in order or not; if decided to be out of order, he shall not proceed without the permission of the Senate; and every question of order shall be decided by the President, subject to an appeal to the Senate by any Senator; and if a Senator is called to order for words spoken, the words excepted to shall be immediately taken down in writing, that the President or Senate may be better able to judge of the matter.
Rule 11. Debating and voting by Lieutenant Governor. — The Lieutenant Governor, as President of the Senate, being a Constitutional Officer shall not have the right to debate any question or to address the Senate upon any proposition unless by permission of the majority of members present, and shall have the right to vote only when there is a tie vote upon any question or election.
Rule 12. Obtaining recognition. — (a) When any Senator is about to speak in debate or deliver any matter to the Senate, he shall rise from his seat and respectfully address the President. No member shall speak until recognized by the President, and when two or more members rise at the same time, the President shall name the member to speak.
(b) A Senator who has the floor may yield the floor to another Senator only for the purpose of allowing another Senator to state a question. Only the Chair may award the floor to any Senator for the purposes of allowing that Senator to engage in general debate.
Rule 13. Recognition for extending courtesies. — Courtesies of the floor and galleries shall be extended only by the President on his own motion or upon the written request of a member of the Senate to former members of the General Assembly or to visiting distinguished visitors.
Members may designate Honorary Pages by a statement delivered to the Principal Clerk who will have a certificate issued therefor.
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The President may upon written request at intervals between various orders of business extend courtesies to schools or other special large groups visiting in the galleries while they are present, and the President shall, at such times as he deems appropriate, express to those visitors in the galleries the pleasure of the Senate for their presence.
Rule 14. Limitations on individual debate. — (a) No Senator shall speak or debate more than three times nor longer than forty-five minutes on the same day on the same subject without leave of the Senate.
(b) By permission of the President any member of the Senate may address the Senate from the lectern located on the floor before the dais for the purpose of explaining a bill or resolution, stating a point of personal privilege or for the purpose of debate.
Rule 15. Priority of business. — All questions relating to priority of business shall be decided without debate.
Rule 16. Reading of papers. — When the reading of a paper, other than a petition, is called for, and any Senator objects to the reading, the ques- tion shall be determined by the Senate without debate.
Rule 17. General decorum.— (a) Senators and visitors shall uncover their heads upon entering the Senate Chamber while the Senate is in session and shall continue uncovered during their continuance in the Chamber, unless one's religion requires their heads to be covered.
(b) No remark reflecting personally upon the action of any Senator shall be in order upon the floor of the Senate unless preceded by a motion or resolution of censure.
(c) When the President is putting a question, or a division by counting is in progress, no Senator shall walk out of or across the Chamber, nor when a Senator is speaking, pass between him and the President.
(d) When a motion to adjourn or for recess is affirmatively determined, no member or officer shall leave his place until adjournment or recess is declared by the President.
(e) Smoking shall not be allowed on the floor or galleries of the Senate during Sessions.
Motions
Rule 18. Motions generally. — All motions shall be reduced to writing, if desired by the President or a Senator, delivered at the table, and read by the President or Reading Clerk before the same are debated; but any motion may be withdrawn by the introducer at any time before decision or amendment.
Rule 19. Motions. — Order of precedence. — When a question is before the Senate no motion shall be received except those herein specified, which motions shall have precedence as follows, viz:
(1) To adjourn.
(2) To lay on the table.
(3) For the previous question.
(4) To postpone indefinitely.
(5) To postpone to a certain day.
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(6) To commit to a standing committee.
(7) To commit to a select committee.
(8) To amend.
(9) To substitute.
Rule 20. Motions to adjourn and to lay on the table. — The motions to adjourn and to lay on the table shall be decided without debate, and the motion to adjourn shall always be in order when made by a Senator entitled to the floor.
Rule 21. Motions to postpone to certain day and to commit. — The re- spective motions to postpone to a certain day, or to commit to a standing or select committee, shall preclude debate on the main question.
Rule 22. Action when previous question pending. — When a motion for the previous question is made and is pending, debate shall cease. After a motion for the previous question is made, pending a second thereto, any member may give notice that he desires to offer an amendment to the bill or other matter under consideration; and after the previous question is seconded such member shall be entitled to offer his amendment in pursuance of such notice.
Rule 23. Motion for previous question. — The previous question shall be as follows: "Shall the main question be now put?" and until it is decided shall preclude all amendments and debate. If this question is decided in the affirmative, the "main question" shall be on the passage of the bill, resolution, or other matter under consideration; but when amendments are pending, the question shall be taken upon such amendments in their inverse order, without further debate or amendment: Provided, that no one shall move the previous question except the member submitting the report on the bill or other matter under consideration, and the member introducing the bill or other matter under consideration or the member in charge of the measure, who shall be designated by the chairman of the committee reporting the same in the Senate at the time the bill or other matter under consideration is reported to the Senate or taken up for consideration.
Rule 24. Motion to reconsider. — When a question has been put and decided, any Senator who voted in the majority may move to reconsidera- tion thereof; but no motion for the reconsideration of any vote shall be in order after the bill, resolution, message, report, amendment, or motion upon which the vote was taken has gone out of the possession of the Senate; nor shall any motion for reconsideration be in order unless made on the same day or in the next following legislative day on which the vote proposed to be reconsidered took place, unless the motion is made by the Committee on Rules for verbal or grammatical errors in the bills, when the motion may be made at any time: Provided, that when the next legisla- tive day has by motion of the Senate, been restricted as to matters which may be considered, a motion to reconsider shall be in order on the next succeeding day upon which regular business is conducted. No question shall be reconsidered more than once.
Voting
Rule 25. Putting question; division. — All questions for a vote shall be put as follows: "Those in favor say 'Aye', and after the affirmative vote is
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expressed — "Opposed 'No'." After which the President will announce the result. If a division on any vote is desired, it must be called for immediately before the result of the voting is announced on any question, and upon such call, the President shall require the members to stand and be counted for and against any proposition under consideration.
Rule 26. Voting by ayes and noes. — The ayes and noes may be called for on any question before the vote is taken, and if the call is sustained by one-fifth of the Senators present, the roll of the Senate shall be called and the ayes and noes taken, and the same shall be entered upon the Journal. If a Senator desires the ayes and noes recorded on any question, he shall address the Chair and obtain recognition and say, "Upon that vote or question I call for the ayes and noes." Whereupon the President shall say, "Is the call sustained?" If one-fifth of the members present then stand the roll is called and the ayes and noes recorded. If less than one-fifth present stand, the Chair announces, "An insufficient number up" and a viva voce vote is then taken.
Rule 27. Dividing question. — If any question contains several distinct propositions, it shall be divided by the President, at the request of any Senator, provided each subdivision, if left to itself, forms a substantive proposition.
Rule 28. Duty to vote. — Every Senator who is within the bar of the Senate when the question is stated by the chair shall vote thereon, unless he is excused by the Senate or unless he is directly interested in the ques- tion; and the bar of the Senate shall include the entire Senate chamber.
Rule 29. Excused from voting. — Any Senator requesting to be excused from voting may make, either immediately before or after the vote has been called for and before the result has been announced, a brief statement of the reasons for making such request, and the question shall then be taken without debate.
Rule 30. Explanation of vote.- — Any Senator may explain his vote on any bill pending by obtaining permission of the President before the vote is put: Provided, that not more than three minutes shall be consumed in such explanation.
Committees
Rule 31. Appointment of Committees. — The President of the Senate, unless he has by law disqualified himself from that office, shall have the exclusive right and authority to appoint all committees, regular or select, and to appoint Committee Chairmen and Vice-Chairmen, and he is specifi- cally authorized to appoint four Chairmen of four Subcommittees of the Committee on Appropriations; but he may delegate said authority in any instance, as he may choose. Upon the recommendation of the Committee on Rules the Senate may authorize additional standing committees.
Rule 32. List of standing committees. — The standing committees shall be:
1. Agriculture
2. Alcoholic Beverage Control
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3. Appropriations, consisting of four subcommittees:
(a) Appropriations subcommittee on Health, Welfare and Institu- tional Care.
(b) Appropriations subcommittee on Education.
(c) Appropriations subcommittee on General Government and Trans- portation.
(d) Appropriations subcommittee on Personnel and Long-range Plan- ning.
4. Banking
5. Constitution
6. Conservation and Development
7. Correctional Institutions and Law Enforcement
8. Courts and Judicial Districts
9. Education
10. Election Laws
11. Finance
12. Higher Education
13. Highway Safety
14. Insurance
15. Judiciary No. 1
16. Judiciary No. 2
17. Libraries
18. Local Government
19. Manufacturing, Labor and Commerce
20. Mental Health
21. Personnel and Employment Programs
22. Public Health
23. Public Roads
24. Public Utilities
25. Public Welfare
26. Rules
27. State Government
28. University Trustees
29. Veterans and Military Affairs
30. Wildlife
Rule 33. Notice of Committee meetings. — Public notice of all committee meetings shall be given in the Senate. The required notice may be waived as to any meeting by the attendance at that meeting of all the members of committee, or by personal waiver.
Rule 34. Membership of committees; quorum. — Membership on standing committees shall consist of not more than fifteen or less than eight Sena- tors, including the Chairman and Vice Chairman who shall be designated by the President: Provided the committee membership on the Committee on Appropriations and the Committee on Finance shall not be limited as to
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membership but shall be left to the discretion of the President. No Senator shall hold membership on more than seven standing committees unless the Committee on Rules provides otherwise. A quorum of any committee shall consist of a majority of the committee.
Rule 35. Roll Call vote in committee. — No roll call vote may be taken in any committee.
Rule 36. Committee Meetings. — No committee or subcommittee shall hold a secret meeting, and all meetings of committees and subcommittees shall be open to the public: Provided, that any committee or subcommittee has the inherent right to hold an executive session when it determines that it is absolutely necessary to have such a session in order to prevent personal embarrassment, or when it is in the best interest of the State; and in no event shall final action be taken by any committee or subcommittee except in open session.
Handling Bills
Rule 37. Construction of rules. — All provisions of these rules applying to bills shall apply also to resolutions, memorials and petitions.
Rule 38. Introduction of bills. — (a) Bills submitted for introduction shall be in the form prescribed by the Committee on Rules. When a bill which is introduced is not in the prescribed form, the Principal Clerk shall cause the bill to be retyped in the prescribed form, and the retyped copy shall be- come the official copy of the bill for all purposes. The original bill shall then be returned to the introducer of the bill and shall not become a part of the records or documents of the Senate.
(b) Whenever a bill is introduced, twenty copies shall be submitted to the Principal Clerk. Any bill submitted without the required number of copies shall be immediately returned to the introducer.
Rule 39. Presenting papers to Senate. — Every bill, presented to the Senate shall contain on the outside cover the title of the document and the name of the Senator or Senators presenting it. All bills shall be delivered to the Principal Clerk who shall hand them to the President to be re- ferred. The President shall announce the titles and references of the documents, and this information shall be entered on the Journal.
Rule 40. Deadline on introduction of certain bills. — All bills prepared to be introduced by departments, agencies or institutions of the State must be introduced in the Senate not later than March 22 of the session. All local bills must be introduced not later than March 15 of the session.
Rule 41. References of appropriations and finance bills. — All bills in- troduced in the Senate providing for appropriations from the State, or any subdivision thereof, shall, before being considered by the Senate be referred to the Committee on Appropriations, and bills referred to other committees carrying any such provisions shall be re-referred to the Senate as being bills to be considered by the Appropriations Committee before proper action may be taken by the Senate. All bills introduced in the Senate providing for bond issues, levying taxes, or in any manner affecting the taxing power of the State or any subdivision thereof, shall before being considered by the Senate, be referred to the Committee on Finance, and bills referred to other
22 SENATE JOURNAL [Session
committees carrying any such provisions shall be re-referred to the Senate as being bills to be considered by the Finance Committee before proper action may be taken by the Senate.
Rule 42. First reading: reference to committee. — All bills shall be read by their titles, which reading shall constitute the first reading of the bills, and unless otherwise disposed of shall be referred to the proper committee.
Rule 43. Bills to receive three readings. — Every bill shall receive three readings previous to being passed, and the President shall give notice at each whether it be the first, second, or third. After the first reading, unless a motion is made by some Senator, the President shall refer the bill to an appropriate committee. No bill shall be amended upon the floor of the Senate until it has been twice read.
Rule 44. Reports of Committees. — Every Senator presenting a report of a committee shall endorse the report with the name of the committee and, in case of a minority report, with the names of the members making the report. The report of the committee shall show that a majority of the committee were present and voted. Every report of the committee upon a bill or resolution shall stand upon the general orders with the bill or resolution.
Rule 45. Unfavorable report by committee. — (a) All bills reported un- favorably by the committee to which they were referred, and having no minority report, shall lie upon the table, but may be taken from the table, and placed upon the calendar by a two-thirds vote of those present and voting.
(b) When a bill is reported by a committee with an unfavorable report, but accompanied by a minority report, signed by at least three members of the committee who were present and who voted on the bill when the bill was considered in committee, then the minority report shall be placed on the calendar and considered the following day, and the question before the Senate shall be "the adoption of the Minority Report" and if failing to be adopted by a majority vote, the bill shall be placed upon the un- favorable calendar.
Rule 46. Recall of bill from committee. — When a bill has been intro- duced and referred to a committee, if after ten days the committee has failed to report thereon, then the author of the bill may, after three days' public notice given in the Senate, on motion supported by a vote of two- thirds of the Senators present and voting, recall the bill from the committee to the floor of the Senate for consideration and such action thereon as a majority of the Senators present may direct.
Rule 47. Calendar; order to be followed. — The President and the Prin- cipal Clerk of the Senate shall see that all bills are acted upon by the Senate in the order in which they stand upon the calendar, unless otherwise ordered as hereinafter provided. The published calendar shall include all bills reported favorably from committees, or reported with a minority report attached, or placed on the calendar on motion: Provided, that the published local calendar may carry the number of each bill, the county or counties referred to, and an abbreviated statement of the title of the bill.
Rule 48. Considering bills out of regular order. — Except as provided in Rule 49, any bill or other matter may be taken up out of order upon order
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of the President or upon motion sustained by a majority of the membership present and voting.
Rule 49. Third reading requirements. — No bill on its third reading shall be acted upon out of the regular order in which it stands on the Calendar, and no bill shall be acted upon on its third reading the same day on which it passed its second reading unless so ordered by two-thirds of the Senators present.
Rule 50. Special orders. — Any bill or other matter may be made a special order for a particular day or hour by a vote of the majority of the Senators voting, and if it shall not be completed on that day, it shall be returned to its place on the Calendar, unless it is made a special order for another day; and when a special order is under consideration it shall take precedence over any special order or subsequent order for the day, but such subsequent order may be taken up immediately after the previous special order has been disposed of.
Rule 51. Procedure when necessary number of Senators not present. — If, on taking the question on a bill, it appears that a constitutional quorum is not present, or if the bill requires a vote of certain proportion of all the Senators to pass it, and it appears that such number is not present, the bill shall be again read and the question taken thereon; if the bill fails a second time for the want of the necessary number being present and voting, the bill shall not be finally lost, but shall be returned to the calendar in its proper order.
Rule 52. Effect of defeated bill. — (a) After a bill has been tabled or has failed to pass on any of its readings, the contents of such bill or the principal provisions of its subject matter shall not be embodied in any other measure. Upon the point of order being raised and sustained by the Chair, such measure shall be laid upon the table, and shall not be taken therefrom except by a vote of two-thirds of the qualified membership of the Senate: Provided, no local bill shall be held by the Chair as embodying the provisions, or being identical with any State-wide measure which has been laid upon the table or failed to pass any of its readings.
(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie upon the table, and shall not be taken therefrom except by a vote of two-thirds of the Senators present.
Rule 53. Taking bill from table. — No bill which has been laid upon the table shall be taken therefrom except by a vote of two-thirds of the Senators present.
Rule 54. Amending titles of bills. — When a bill is materially modified or the scope of its application extended or decreased, or if the county, or counties, to which it applies is changed, the title of the bill shall be changed by the Senator introducing the bill or by the committee having it in charge, or by the Principal Clerk, so as to indicate the full purport of the bill as amended and the county or counties to which it applies.
Rule 55. Conference committees. — Whenever the Senate declines or re- fuses to concur in amendments put by the House to a bill originating in the Senate, or refuses to adopt a substitute adopted by the House for a bill originating in the Senate, a conference committee shall be appointed upon motion made consisting of the number named in the motion; and the bill
24 SENATE JOURNAL [Session
under consideration shall thereupon go to and be considered by the joint conferees on the part of the Senate and House. In considering matters in difference between the Senate and House committed to the conferees only such matters as are in difference between the two houses shall be con- sidered by the conferees, and the conference report shall deal only with such matters. The conference report shall not be amended. Except as herein set out, the rules of the United States House of Representatives shall govern the appointment, conduct, and reports of the conferees.
Rule 56. Certification of passage of bills. — The Principal Clerk shall certify the passage of bills by the Senate, with the date thereof, together with the fact whether passed by vote of three-fifths or two-thirds of the Senate, whenever such vote may be required by the Constitution or laws of the State.
Rule 57. Transmittal of bills to House. — No bill shall be sent from the Senate on the day of its passage except on the last day of the session, unless otherwise ordered by a vote of two-thirds of the Senators present.
Legislative Officers and Employees
Rule 58. Pages.- — The President of the Senate shall appoint pages. The President, or such person as he may designate, shall supervise the pages and assign to them their duties. Each page shall be at least fourteen years of age.
Rule 59. Sergeant-at-Arms. — (a) There shall be ten positions of As- sistant Sergeants-at-Arms to be appointed by the Sergeant-at-Arms who are to work under his supervision and to be assigned such duties and powers as he shall direct.
(b) The Sergeant-at-Arms shall be responsible for the safety of the members and employees of the Senate while in the State Legislative Build- ing, or any place in which the Senate is in session, and shall be responsible for maintaining order in the State Legislative Building and adjoining park- ing lots, all under the supervision and direction of the President of the Senate.
(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by orders of the Senate and signed by the President of the Senate, and said warrants and subpoenas shall be returnable to the Principal Clerk of the Senate.
Rule 60. Committee Clerks. — (a) The President of the Senate shall ap- point clerks to such committees as he may deem necessary and appropriate.
(b) All Committee Clerks, when not in attendance upon the direct duties connected with their committee shall report to the Supervisor of Committee Clerks for such duties as may be assigned to them upon approval by Committee Chairmen.
Rule 61. Senate Journal. — The Principal Clerk shall prepare and be responsible for the Journal. The Committee on Rules shall examine the Journal to determine if the proceedings of the previous day have been cor- rectly recorded.
Rule 62. Disbursing Clerk to order supplies. — (a) All necessary supplies and stationery for the Senate shall be purchased upon requisition of the Disbursing Clerk, under the supervision of the President of the Senate.
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(b) All equipment, including typewriters and dictating equipment, shall be requisitioned from the Disbursing Clerk who shall distribute the equip- ment under the supervision of the Committee on Rules.
General Rules
Rule 63. President to sign papers. — All acts, addresses and resolutions, and all warrants and subpoenas issued by order of the Senate shall be signed by the President.
Rule 64. Admission to the floor of the Senate. — No person except members of the Senate, members of the House of Representatives, staff of the General Assembly; Judges of the Supreme, Court of Appeals, and Superior Courts; the Governor and members of the Council of State; former members of the General Assembly; and persons particularly invited and extended the privileges of the floor by the President shall be admitted to the floor of the Senate during its session. No registered lobbyist shall be admitted to the floor of the Senate or Senate Chamber while the Senate is in Session.
Rule 65. Privileges of the floor. — Any group or individual other than members of the Senate who desire to make remarks upon the floor of the Senate will first obtain approval of the Committee on Rules.
Rule 66. News Media.- — The President is authorized to assign area and equipment on the floor of the Senate for the use of the representatives of news media; and the President shall provide regulations for the operation of the representatives of the news media on the floor of the Senate.
Rule 67. Absence without leave. — No Senator or officer of the Senate shall depart the service of the Senate without leave, or receive pay as a Senator or officer for the time he is absent without leave.
Rule 68. Placing material on Senators' desks. — Any person other than members of the Senate desiring to place articles of any kind on or about desks in the Senate Chamber or in the offices of the members of the Senate will make written application to, and obtain written approval from, the Principal Clerk of the Senate.
Rule 69. Assignment of offices. — The Chairman of the Committee on Rules, subject to the approval of the Committee, is authorized to make assignments of committee rooms and offices to designated committees, chairmen, and members of the Senate. The office adjacent to any committee room assigned to a principal committee by the Chairman of the Committee on Rules subject to the approval of the Committee on Rules shall be auto- matically assigned to the chairman of the principal committee. In making such assignments of individual offices, the said Chairman shall give pref- erential consideration to the respective members according to the length of service which each member has rendered in the General Assembly.
Rule 70. Notice of public hearings. — Notice shall be given not less than five calendar days prior to public hearings. Such notices shall be issued as information for the press and shall be posted in the offices of the Principal Clerks.
Rule 71. Public hearings, filing of written statements. — Persons de- siring to appear and be heard at a public hearing are encouraged to file a
26 SENATE JOURNAL [Session
brief or a written statement of the remarks to be made at least twenty- four hours before the time of the hearing.
Rule 72. Voting in Joint Session. — When any Senate Committee sits jointly with the House Committee, the Senate Committee reserves the right to vote separately from the House Committee.
Rule 73. Alteration, suspension or rescission of rules. — No rule of the Senate shall be altered, suspended, or rescinded except on a two-thirds vote of the Senators present.
Upon motion of Senator McGeachy, seconded by Senators Moore and Burney, the report of the Committee on Rules is adopted.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Appropriations Subcommittee on Health, Welfare and Institutional Care: Senators Coggins, Chairman; James, Vice-Chairman; Gurganus, Vice-Chair- man; Bagnal, Flaherty, Folger, Reed.
Appropriations Subcommittee on Education: Senators Moore, Chairman; Norton, Vice-Chairman; Bailey, Boger, Burney, Sapp, V. White of Pitt.
Appropriations Subcommittee on General Government and Transporta- tion: Senators Henley, Chairman; Harrington, Vice-Chairman ; Allsbrook, Larkins, Murrow, Saunders, West.
Appropriations Subcommittee on Personnel and Long-range Planning: Senators Rauch, Chairman; Edwards, Vice-Chairman; Allen, Dent, MacLean, Poovey, Robinson.
Committee on Conservation and Development: Senators Burney, Chair- man; Patterson, Vice-Chairman; Saunders, Vice-Chairman; Allen, Alls- brook, Boger, Dent, Griffin, Moore, Norton, Reed, Robinson, Sapp, Station, West.
Committee on Courts and Judicial Districts: Senators Bailey, Chairman; Harrington, Vice-Chairman; Bryan, Burney, Edwards, Ellis, Folger, Gur- ganus, Reed, Sapp, L. Warren of Wayne, J. White of Cleveland.
Committee on Veterans and Military Affairs: Senators Griffin, Chair- man; Reed, Vice-Chairman; Bryan, Folger, Johnson, Joyner, Kirby, Murrow.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Flaherty: S. B. 14, a bill to amend Article 36 of Chapter 160 of the General Statutes so as to exempt Burke County from parts.
Referred to Committee on Local Government.
By Senator Bowles: S. B. 15, a bill to incorporate and establish the Central North Carolina School for the Deaf.
Referred to Committee on Rules.
By Senator Bowles: S. J. R. 16, a joint resolution prohibiting placing the biennial appropriations bill on its second reading less than two weeks after said bill would otherwise be placed on the favorable calendar.
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Referred to Committee on Rules.
By Senator Bowles: S. J. R. 17, a joint resolution congratulating the basketball team of the University of North Carolina at Chapel Hill.
Referred to Committee on Rules.
By Senator L. Warren of Wayne: S. B. 18, a bill to make appropriations for current operations of the State's departments, institutions, and agencies and for other purposes.
Referred to Committee on Appropriations.
By Senator L. Warren of Wayne: S. B. 19, a bill to make appropriations to provide capital improvements for State institutions, departments, and agencies.
Referred to Committee on Appropriations.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions, which are read the first time and dis- posed of, as follows:
H. J. R. 16, a joint resolution recognizing the East Rutherford High School Band.
Upon motion of Senator Norton, the rules are suspended and the resolu- tion is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
Upon motion of Senator Bowles, the Senate adjourns to meet tomorrow at 12 M.
SEVENTH DAY
Senate Chamber, Wednesday, January 22, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the Senate.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the floor to the Honorable T. Wade Bruton, former Attorney General of North Carolina, and a member of the North Carolina General Assembly in the 1929 Session.
Upon motion of Senator Ellis, the President extends the courtesies of the galleries to the Honorable Carl V. Venters, former member of both the Senate and the House of Representatives, and to a group of distinguished citizens of Onslow County accompanying him.
Upon motion of Senator V. White of Pitt, the President extends the courtesies of the galleries to the Seventh Grade of the Roberson Union School, Winterville.
28 SENATE JOURNAL [Session
The President extends the courtesies of the floor to former Senators Leroy Simmons of Duplin County and Joe K. Byrd of Burke County.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
S. J. R. 8, a joint resolution authorizing an official delegation to represent the General Assembly at the funeral of the Honorable T. Clarence Stone.
S. J. R. 10, a joint resolution congratulating the Greensboro, North Caro- lina Jaycees.
special message from the house of representatives
House of Representatives, Wednesday, January 22, 1969. Mr. President :
It is ordered that a message be sent your Honorable Body with the information that pursuant to S. R. 1, "A joint resolution relative to the inauguration of the Honorable Robert W. Scott as Governor of North Caro- lina; and informing His Excellency, Governor Robert W. Scott, that the General Assembly is organized and ready to proceed with public business and inviting the Governor to address a joint session of the Senate and House of Representatives at 12:30 p.m., Wednesday, January 22, 1969," the House of Representatives stands ready to receive the Senate in Joint Session at the hour appointed.
Respectfully,
Jo Ann Smith, Principal Clerk
reports of committees
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their places on the Calendar, as follows:
By Senator McGeachy, for the Committee on Rules:
H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her outstanding service as executive director of the North Carolina Mental Health Association, with a favorable report.
appointments
The President announces the appointment of the following standing committees:
Committee on Agriculture: Senators MacLean, Chairman; Bowles, Vice- Chairman; Wood, Vice-Chairman; Coggins, Griffin, Johnson, Joyner, Larkins, Robinson, Scott, V. White of Pitt, Wilkie.
Committee on Constitution: Senators Allsbrook, Chairman; Station, Vice-Chairman; Boger, Briggs, Burney, Edwards, Gurganus, McGeachy, Nielson, Robinson, Sapp, J. White of Cleveland.
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Committee on Local Government: Senators J. White of Cleveland, Chair- man; McGeachy, Vice-Chairman; Penn, Vice-Chairman; Bagnal, Bowles, Briggs, Johnson, Maxwell, Patterson, S. Warren of Sampson, Wilkie.
Upon motion of Senator McGeachy, the Senate recesses to meet in Joint Session in the House of Representatives for the purpose of receiving the Governor's Biennial Message, and upon his motion upon dissolution of the Joint Session, the Senate stands adjourned to meet tomorrow at 12 M.
JOINT SESSION
The Senate is received by the members of the House of Representatives standing, and the Joint Session is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
The President recognizes Senator Burney who presents His Excellency, Governor Robert W. Scott, who delivers the following address:
Mr. President, Mr. Speaker, Mr. Chief Justice and members of the General Assembly of North Carolina:
The people of North Carolina have elected us to formulate the programs that will give impetus to this State in the decade of the Seventies and into the future — programs to lead to the good life.
At the outset, we might as well face the fact that this will be, at the least, a challenging session.
We are reaching a point where the level of expectations is rising at a rate that outstrips our capacity to provide them without imposing on our- selves a greater burden of stewardship to the State.
We want better schools. We all want our children to be well taught. We want them to start their education at an earlier age and continue it beyond the high school.
We want our schools to tailor programs to fit the need of every child — the mentally fast and the mentally slow; the student going on to college and the student who wants to prepare now for an occupation.
We are living in an affluent age, but many are left out of the abundance- — the mentally and physically handicapped, the children of deprived back- grounds, the aged. Many families live on inadequate incomes.
Sections of our State are awaiting to move out economically and in- dustrially. They want and need roads and community facilities to hasten the day.
Thousands living in North Carolina today will celebrate the year 2000 — the advent of a new century. We need to make the wisest use of our re- sources. We need a unified effort. We need to modernize and streamline government.
North Carolina has always met the challenge. We have felt no resistance to progressive change. In fact, we have sought it and we have benefited by it.
The people of North Carolina have elected you and me to see that the State does what clearly must be done if we are to meet the challenge of the year 2000. We must act now to put the essentials of a good life within reach of every citizen.
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INTERGOVERNMENTAL RELATIONS
At this moment, there seems to be little doubt that the biggest challenge of the next decade will be a struggle to improve our environment.
It will be an effort to conserve and better utilize our natural resources. There will be a great concern to halt air and water pollution; an attempt to banish hunger and an effort to remove blight.
Communities will seek more public facilities to stimulate economic and industrial development. Roads and streets, thoroughfares and rapid transit systems will be built to move people and commerce and hopefully make transportation and travel more safe.
At a time when all levels of government are experiencing unprecedented demands for services, we must recognize that all governmental goals are interrelated.
Only by close, coordinated interaction with the Federal Government and with local governments can the State achieve its goals of better govern- ment for all its people. Only through partnership with the State can local governments provide the services its citizens demand.
One of the highest priorities during this session and the next four years should be efforts to build an effective working partnership between all levels of government.
I believe we will see efforts during the next four years to place greater responsibility on the State, particularly in the State's relationships with local governments.
There are many areas where a better partnership is needed if the State, the cities, the towns and the counties are going to meet the needs of North Carolinians where they live, work and play.
In our urban areas, there are problems of income and housing that only the State and municipalities can solve together. There are problems as well in rural areas, and, in many respects, the needs of North Carolina are greater in the rural areas.
I will ask for your support in developing programs that will build a partnership between the State and the communities.
Among these programs will be a request, later in this session, for a new department of State government. It will be established for the primary purpose of aiding and assisting local governments to meet local needs.
It will not be the most expensive program — in terms of appropriations — that you and I will be asked to undertake during this session and the next four years.
The nucleus for such a department already exists within the State. What is needed now is to bring together in one place — hopefully under one roof — and under one administration already existing services which are relevant to modern problems of community life.
Not only will my proposed department actively aid communities, it will in the long-run increase efficiency in State government. It will be a service organization whereby the full resources of the State can be called upon by communities for assistance within the entire spectrum of community problems.
1969] SENATE JOURNAL 31
Let me stress: it will be a service organization and not a regulatory agency. The department will be staffed by individuals — many of whom are already employed by the State although others will be needed — who have ideas and know how in housing, community redevelopment, economic de- velopment, local taxation and capital planning, land use and development, local and regional planning and recreation planning.
In addition to technical assistance, this department, will reap some tangible benefits to the State. It will become an important link in Federal- State and local programs. It will strengthen the hand of every local government in making full and intelligent use of all available assistance programs.
State Government must be strengthened, particularly in its relation to the Federal Government. I intend to work with the Governors of other states to enable the states to have a stronger voice and a greater influence in the Federal system.
We will go to Washington to solicit our fair share and we will not over- look any program. Many assistance programs go untapped, even though they are available to us, simply because we have not made a maximum effort.
To enable the State to take advantage of worthwhile programs that may come along during the biennium, I will request a reserve fund for matching grants. This will be a sum of money set aside to be used, upon the approval of the Advisory Budget Commission, for matching Federal grants in which the State feels it should participate.
PUBLIC EDUCATION
Today, more than at any time in our history, North Carolina has the opportunity, challenge and responsibility of providing a full educational opportunity for every child in the public schools — as well as every child who should be in our classrooms.
The opportunity and the task that confronts all of North Carolina is finding the means of implementing and financing a new adventure in public education.
During the past twelve months, more than 500 North Carolinians repre- senting all areas of the State and the major groups involved in public education have studied and proposed for our State the goal of a child well taught.
In the broadest sense, this goal means that every boy and girl will learn how to live and how to make a living. That is what education is all about.
State and local governments must be committed to providing the re- sources that are needed to close the gaps in our public school system. Local governments must take the initiative to see that a comprehensive education is available to every child.
In many areas this means the merger of school districts and the con- solidation of schools. It means in some cases that local governments must do a better job of financing school programs. At the State level our ad- ministrative structure must assure a bold, unified endeavor in public education.
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The task ahead of us is a big one, but we must begin. I am recommending to you:
First, that you firmly establish the State Board of Education as the policy formation agency for public education and that the Board be given the power to appoint the Superintendent of Public Instruction. In addition, — the Board should be given the authority to adopt criteria for merging school districts and to consolidate schools to achieve sound educational programs in all areas of the State.
Second, that financial support of public education be recognized as a cooperative State, local and Federal effort, and that local units be en- couraged to provide basic minimum participation. I endorse the principle of State incentive funds to match local funds which are committed beyond the basic program.
Third, North Carolina must make some major alterations in its in- structional program if it is to offer a truly meaningful education to every child.
As a top priority we must see that every child has a good beginning in his educational career. A poor beginning often shows up later in low marks, dropouts and juvenile delinquency. I recommend that you extend public education to five-year olds. We should begin with an initial effort extended over a period of several years to serve all kindergarten age children in the State.
I will recommend increased appropriations to offer occupational guidance and training to more students than are currently being reached in our vocational programs.
Vocational training needs to be stressed and strengthened in the middle grades, for it may offer many young people their best means of preparing for effective competition in the job market. I may also provide invaluable incentive for potential dropouts to stay in school.
Means should be sought to attract more students who need special in- ducement into a diversified vocational program. Too few of our schools now have student bodies large enough to justify a strong program. Still, effective programs can become a reality by school consolidation or other means of offsetting the handicap of small school units.
Fourth, nothing is more important to our goal of a child well taught than the quality of teacher provided. Our schools must be staffed with competent, dedicated people. We must take meaningful strides toward paying teachers the national salary average.
In return for higher salaries, we will expect a renewed dedication from all teachers. At the same time, we must seek solutions to reducing heavy classroom loads.
Fifth, transportation for school children with special needs and a more flexible transportation service to accommodate special programs is needed.
Further, public school bus transportation should be extended to include urban and suburban children. As long as the State assumes responsibility for school transportation, with all tax payers supporting it, this service should not be limited to rural children who live more than one and one-half miles from school.
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HIGHER EDUCATION
Higher education is another area which must have sustained support. The needs in higher education are many.
Attention must be given to strengthening faculty salaries in all State- supported institutions. There is the pressing need to train more people in the medical and medically related areas and to upgrade library facilities at all institutions of higher learning.
The role of the traditionally Negro institutions must be expanded in the years ahead and special attention given to salaries and remedial assistance in these institutions.
Although I have said many times that not all young people can or should attend a college or university, there are many who should but are not doing so. A relatively low percentage of our students now continue their education beyond the high school.
To effectively reach them will require an expansion of the campuses of our existing institutions of higher learning.
Our university must grow physically as the demand increases. But I feel there is a limit in the student population of a given campus which should not be surpassed for effective administration and instruction. Never- theless, if we follow the philosophy of making a university education available to academically qualified students, it is inevitable that the campus expand. I believe the wise course is for this expansion to occur in other areas of the state. For this reason, I favor the extension of the university system to include Wilmington and Asheville-Biltmore Colleges.
Privately supported colleges and universities play an important role in the total higher education program in North Carolina. These institutions educate many students, the cost of which would otherwise have to be borne by the state. Yet, many of the church-related, non-tax supported in- stitutions face financial hardships.
I recommend, as does the recent study on higher education, a special study to consider a state-wide student assistance program.
COMMUNITY COLLEGES, TECHNICAL INSTITUTES
I cannot over-emphasize the importance of the community colleges and technical institutes to our overall program of post-high school training. The fifty institutions in this system have grown rapidly, this year enrolling more than 189,000 students. They have done a remarkable job in both technical and vocational instruction and college parallel programs.
It is through these institutions that we can make a greater effort to reach more people — both adults and high school graduates.
In the technical institutes and community colleges, greater emphasis should be placed on vocational opportunities. Programs should be broadened in this area. They should be developed in coordination with occupational education in the public schools. And this training should be made more relevant to the economy of the State. The emphasis should be on the skills demanded by industry, especially the better-paying industrial and service jobs.
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LAW AND JUSTICE
Preserving civil peace has always been recognized as the first responsi- bility of government. A government that is unable to afford to all of its citizens the security of person and property is not likely to be able to do much else for them.
Today, we are faced with an increase in the old and familiar varieties of crime as well as the growth of organized crime and large scale civil disorders.
The task of the State is this: to maintain public order while upholding the rule of law and pursuing the goal of justice for all citizens. In addition to maintaining order, the State must insure that justice embraces the fair treatment of individuals; and fair treatment must extend to all aspects of life insofar as it is within the Government's authority to assure it.
We must deal effectively with all aspects of law and justice. My im- mediate proposals include:
First, the prompt establishment of a police information network which is designed to link the State, national and all local law enforcement agencies willing to participate, in a high-speed, computerized network for the collection, organization and retrieval of information on crime and criminals.
Second, bills to strengthen the authority of local government in dealing promptly and effectively with civil disorders.
Third, legislation to state clearly the authority and responsibilities of the administrators of our public educational institutions to deal promptly and effectively with those who attempt to disrupt the normal operation of those institutions and disrupt the educational process.
Fourth, insistence on the equality of treatment of all citizens in their dealings with the agencies of the law, and on the equality of protection of all persons and their property.
Fifth, explore the Courts Commission recommendation for the initiation of a public defender system in some areas of the State.
Sixth, strengthen substantially the State Bureau of Investigation by providing more funds for manpower and modern equipment.
On a longer range basis, we must develop a coordinated plan for train- ing of all law enforcement officers in the State and urge local governments to take advantage of these programs.
More effective training of enforcement personnel can be accomplished by utilizing fully existing training programs and facilities. At the same time, we should consider the development of a police academy, especially to assure the best training facilities and program possible for our State law enforcement agencies.
I believe there are benefits to be derived from combining the prison, probation and paroles departments into a comprehensive correction and rehabilitation system. Such a department could give the leadership to increase our efforts to rehabilitate prisoners, especially juvenile offenders. I recommend this proposal be studied carefully by a commission appointed by this General Assembly.
1969] SENATE JOURNAL 35
GOOD NEIGHBOR COUNCIL
Understanding and cooperation among- the races are essential. While these must be the concern of government generally, we will continue to need for sometime a State agency whose main purpose is the improvement of racial relations in the State.
Therefore, I recommend that the Good Neighbor Council be continued and that the functions now performed by the Chairman be divided between a part-time Chairman of the Council and a full-time Director employed by the Council. The late David Coltrane gave the Council real meaning — a significance of purpose. He served as both Chairman and Director, per- forming both of these tasks well. I am asking that these roles now be divided and strengthened.
I am asking for a full-time Director and staff because I feel that the role of the Good Neighbor Council should become more than one of mediating disputes. The Council should examine State and local governmental practices in employment and in the provision of services. It should encourage the removal of any inequities found, reporting to the Governor periodically on problems encountered.
The Council should continue to encourage and aid the formation of local good neighbor councils and should help mediate racial crises on the in- vitation of troubled communities.
Finally, recognizing that actions speak louder than words, I believe that nothing will strengthen the confidence of minorities more surely than a voice in government. We will set an example by appointing more members of minorities to State boards and positions, and urge authorities at both State and local levels to follow a similar policy.
TRANSPORTATION
Transportation and roads continue to be a pressing need in the State. It has been estimated that we would need to spend $4.7 billion dollars in the next twenty years to develop the transportation system that is needed to stay abreast of economic growth as well as to curb the rising death and injury rate on our highways.
In the area of highways and transportation, we must be ambitious in our thinking and in our actions — as costly as such a program will be and as pressing as are other programs that demand the State's attention and resources.
I will propose changes in the structure and composition of the State Highway Commission. I favor increasing the Commission's membership. A larger commission can better communicate with the people and will be more responsive to the needs of the people. Highway divisions now serve up to fourteen counties. It's difficult for a commission to effectively serve so large an area.
I am concerned that in the areas of highways and transportation that we use wisely the large capital outlays that will be needed and that whatever we do now and in the next decades will meet the needs of a growing and changing State.
We should think boldly in terms of constructing an arterial system that will move people and commerce through our centers of .economic growth
36 SENATE JOURNAL [Session
and that will link these urban centers with less populated areas of the State that would benefit economically by improved transportation.
Let us remember, too, that people on our coast use the channels and inlets as roadways. We should give more attention to water transportation. A clear and open channel means as much as a highway to people who depend on the sea for their income.
We must look toward the development of our airports, particularly local airports which are so essential to full industrial development in our State. This is one area in which we can work closely with the Federal Government to get some of our federal tax dollars back into North Carolina. It again underscores the need to strengthen the role of the State in federal matters.
STATE EMPLOYEES
All of us who are or have been employers know that demanding dedica- tion of our employees is only part of the story. A devoted, hard-working employee is an employee who is adequately paid and who has the benefits that have become a part of the modern, industrial society.
The State can be no different from the business employer. Its employees must have adequate salaries which reflect the rising costs of living. Neither should State employees be expected to conduct State business on a per diem which is inadequate to meet expenses incurred.
I favor salary increases and, in addition, an increase in the per diem allowance for both in-state and out-of-state travel.
I will ask you to appropriate funds to provide for time and one-half pay for those employees who perform emergency services to protect life, health and safety of the public.
The General Assembly should study the feasibility of establishing a longevity and cost-of-living index in the salary schedule of State em- ployees. Under the present system, State employees can receive general pay increases only once each two years. The cost of living has increased eight per cent since the last general pay increase in 1967.
I favor changes in the State employees retirement program, and will recommend new benefits, which will not require additional appropriations.
Finally, I believe a commission should be established to study various hospitalization plans and medical benefits for State employees — benefits that would be in keeping with the current cost of hospital services. This study should be directed toward specific recommendations for a hospital insurance proposal.
NATURAL RESOURCES
I have stated time and again that I want this administration to be known for its concern with planning for the future of North Carolina. Thousands of North Carolinians now living will see the advent of the year 2000 celebrated as the turn of the century.
In these future years, all of North Carolina's resources must be con- served and utilized so that the fullest benefit will accrue to all of our citizens. We must see to it, as we plan for the future, that the great bounties with which God has blessed this land are not wasted, misused or destroyed.
1969] SENATE JOURNAL 37
One of these great gifts of nature is the majestic and mysterious Atlantic Ocean washing our shores. The Atlantic Ocean and our inland waters are frontiers where lie natural resources as yet untapped. With the new em- phasis being placed throughout the world on the scientific study of seas, oceans and water resources, I believe that the State must join in the intensive search for answers to the problems and potentials of the ocean and rivers.
This administration will move to a position of leadership in the field of marine science. We will look for ways to determine how the sea can yield more food; how our coastline can be protected from winds and tides; what mineral resources can be tapped from these depths and how the beaches and shorelines can be conserved.
We will continue to support programs designed to insure that all of our natural resources are conserved and that waste and pollution are stopped.
HEALTH AND WELFARE
Our State institutions and agencies in the public health and welfare fields should be commended for their past work. They must have sustained, and in many cases, increased support to stay abreast of increasing patient and case loads.
There are new programs which the State must implement if we are to stay abreast of the needs and the services which are becoming available through the assistance of the State and Federal governments. Foremost among these, in terms of the costs involved, will be the implementation of Title 19 of the Social Security Act, commonly known as Medic-aid.
The mandatory date for states to implement this program and benefit from Federal funds which provide hospital and doctor care, home health and nursing services and medicines for several categories of the indigent, is January 1, 1970.
It is essential that North Carolina implement this program, which has been recommended in the budget now before you.
MENTAL HEALTH
We need to strengthen our program of mental health care, remembering we should never lag in our support for those who are not so fortunate so as to be able to help themselves.
I support programs that will aid mentally retarded children. We should establish a diagnostic center to pinpoint in infancy the mentally retarded child.
I believe one of the most critical problems in the next decade and longer will be the shortage of trained manpower in the mental health professions.
Of course, the shortage of trained manpower is not limited to the mental health profession. We must work on programs to increase adequate per- sonnel in all the health related fields.
CULTURAL AFFAIRS
North Carolina has long been recognized for its cultural achievements and its concern for the fine arts. We were the first state to finance art
38 SENATE JOURNAL [Session
purchases, to support outdoor drama and to appropriate funds for a theater building. We have a school for the Performing Arts and a fine Symphony Orchestra which brings good music to thousands of children and adults throughout the state each year.
To enhance our cultural development 1 feel the state should lend en- couragement and, where possible, assistance to cultural programs on the local level. More historic sites need to be restored and preserved. Heritage and tradition are important to a people and it will mean even more to us in the future.
PARKS AND RECREATION
In the last third of this century, we will find more people earning more money. They will have greater mobility and more leisure time. Experts have predicted that the wise utilization of leisure time will be one of the great challenges of the future.
Thus we must continue to provide for adequate recreational programs and areas, and to gradually expand our park system after thorough feasi- bility studies.
In this regard, I feel the citizens of North Carolina are justified in their interest in a major zoological park as a recreation, education, research and conservation facility.
I would like to see North Carolina develop a state zoo, and I recommend that you give careful consideration to the necessary enabling legislation to get it started.
LIABILITY INSURANCE RATES
For some time, I have been concerned about the costs of automobile insurance rates, delays in settling claims and the litigation time and costs involved. Many other of our citizens share this concern. I think something can be done about liability insurance and its costs, and I believe it is possible for North Carolina to lead the way in seeking ways to halt spiraling rates.
This complex problem involves not only rising prices of automobiles and automobile parts, but our accident rate, the costs of settling claims and the amount of litigation required.
I urge the General Assembly to appoint a blue ribbon commission to study this entire area and the problems that contribute to it, and to make recommendations as to what action is needed to make our highways safer and insurance costs lower.
SENIOR CITIZENS
Our Senior Citizens are valuable assets. They have given of their talents to help North Carolina grow and prosper. Many have much yet to offer in terms of experience and knowledge.
Our citizens over sixty-five years should be granted some tax relief so they can live more comfortably in retirement. Too many are hard pressed financially to make ends meet on a fixed income with ever increasing living costs.
1969] SENATE JOURNAL 39
In my budget message, I will present a tax rebate plan for your con- sideration. It will be a significant gesture of the State's compassion for its senior citizens.
Because of the limitations of your time, I have not touched on all the matters that will be the concern of my administration. Indeed, I have not gone into great detail about the programs I have proposed.
Whenever it seems appropriate, therefore, I will relay to you additional proposals for your consideration during this session. I will express my views from time to time on matters that come before this distinguished Body that affect our State and our people.
Mr. President, Mr. Speaker, my program is geared to developing the good life for all North Carolinians. It is designed to carry out the four broad goals stated in my inaugural address on January 3.
I believe it is a sound, sensible program. Moreover, it will bring greater dividends in the future to all of us.
During this session of the General Assembly, we must plan to provide the essentials of a good life. Indeed, a realistic plan for the future can be the start of a better life — a powerful thrust forward on the endless road of progress.
The progress we make depends on our working together — carefully and creatively — to build a sturdy and constructive program to strengthen North Carolina and her people.
Let the result of our labors give true meaning and purpose to our noble motto: "Esse Quam Videri".
Upon motion of Senator McGeachy, the Joint Session is dissolved, and pursuant to his motion heretofore made, the Senate stands adjourned to meet tomorrow at 12 M.
EIGHTH DAY
Senate Chamber, Thursday, January 23, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules announces that he has examined the Journal of yesterday and finds the same correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President grants leave of absence to Senator Dent for today.
The President extends the courtesies of the floor to former Senator Buchanan of Henderson County, and to Mrs. Sara James, wife of Senator W. D. James of Richmond County.
Upon motion of Senator James, the President extends the courtesies of the galleries to three seventh grade homerooms of the Hamlet Junior High School, Hamlet, and to their teachers, and to Mrs. Nancy Neal, President of the Young Democrats Club of Richmond County.
40 SENATE JOURNAL [Session
Upon motion of Senator McGeachy, the following additional rules are adopted:
Rule 59 (d) While the General Assembly is in session, the Sergeant-at- Arms of the Senate shall be the custodian of, and responsible for, all personal property that is assigned to the Senate during any session of the General Assembly, and shall have the responsibility for the placement of said property in the Senate area of the Sate Legislative Building, subject to the approval of the Committee on Rules. At the termination of the Session, or within thirty days thereafter, the Sergeant-at-Arms shall pre- pare and deliver an inventory of all property belonging to the Senate to the Principal Clerk of the Senate. The Sergeant-at-Arms, with the ap- proval of the Committee on Rules, shall request the proper State agency to purchase necessary office furnishings and personal property needed for the operation of the Senate.
Rule 59 (e) While the General Assembly is in session, the Sergeant-at- Arms shall be responsible to the Senate for all maintenance, installations, repairs and necessary work to the physical plant, to the telephones and utilities, and to all personal and real property, in the Senate area of the State Legislative Building, subject to the approval of the Committee on Rules.
Rule 60. The Principal Clerk of the Senate shall employ all necessary employees and clerks required to carry out the duties of his office. The Principal Clerk shall have supervision and control, and shall assign such duties and powers as he shall direct to his employees and clerks.
Rules 60-69, inclusive, are renumbered Rules 61-70, inclusive.
Rule 71. — Administrative rules and regulations involving Senate em- ployees.— All administrative rules, regulations and orders involving all in- dividuals employed to perform duties for the Senate, other than those appointed by the Principal Clerk and the Sergeant-at-Arms, shall be first approved by the Committee on Rules.
Rules 70, 71, 72 and 73 shall be renumbered Rules 72, 73, 74 and 75.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on Judiciary No. 1: Senators Ellis, Chairman; Allsbrook, Vice Chairman; Gurganus, Vice Chairman; Bailey, Bryan, Burney, Currie, Mc- Geachy, Nielson, Penn, L. Warren of Wayne, S. Warren of Sampson.
Committee on Judiciary No. 2: Senators Boger, Chairman; Folger, Vice Chairman; Staton, Vice Chairman; Briggs, Edwards, Kirby, Patterson, Reed, Robinson, Sapp, J. White of Cleveland.
Committee on Education: Senators Evans, Chairman; Bowles, Vice Chair- man; S. Warren of Sampson, Vice Chairman; Allen, Bagnal, Flaherty, Henley, James, Johnson, Norton, Patterson, Staton, Wilkie.
INTRODUCTION OI< BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
1969] SENATE JOURNAL 41
By Senators Nielson and Bagnal: S. B. 20, a bill relating to the Forsyth County Peace Officers' Association.
Referred to Committee on Local Government.
By Senator Ellis: S. B. 21, a bill to rewrite Chapter 630, Session Laws of 1967, so as to provide for the at large nomination and election of members of the board of education of Onslow County.
Referred to Committee on Education.
By Senator Poovey: S. B. 22, a bill to amend Article VI of the Constitu- tion of North Carolina, so as to permit members of the Armed Forces of the United States to vote, regardless of age, while serving outside the United States or its possessions.
Referred to Committee on Constitution.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions, which are read the first time and disposed of, as follows:
H. J. R. 21, a resolution honoring the memory of an active and gracious lady, Mrs. 0. Max Gardner.
Referred to Committee on Rules.
H. J. R. 27, a joint resolution honoring the life and memory of J. Wilbur Bunn, former member of the General Assembly.
Upon motion of Senator Bailey, the rules are suspended and the resolu- tion is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her outstanding service as executive director of the North Carolina Mental Health Association.
Passes its second and third readings and is ordered enrolled.
Upon motion of Senator Rauch, the Senate adjourns to meet tomorrow morning at 10:00 o'clock.
NINTH DAY
Senate Chamber, Friday, January 24, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator Moore for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his
42 SENATE JOURNAL [Session
motion the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senator Penn, the President extends the courtesies of the galleries to Mr. Lee Farmer and a Political Science Class from Elon College.
The President extends the courtesies of the galleries to Mrs. Hayes White, Mrs. William Propst and to Master Sims Propst who is made an honorary page of the Senate.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on Mental Health: Senators Penn, Chairman; Larkins, Vice- Chairman; Allsbrook, Coggins, Evans, Flaherty, James, Joyner, Poovey, Scott, V. White of Pitt, Wilkie.
Committee on Public Health: Senators James, Chairman; Evans, Vice- Chairman; Henley, Vice-Chairman; Boger, Johnson, Joyner, Norton, Poovey.
Committee on Public Welfare: Senators Gurganus, Chairman; Evans, Vice-Chairman; Allen, Bowles, Henley, James, Joyner, Larkins, Murrow, West.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Ellis: S. B. 23, a bill to authorize joint appeals from the several boards of equalization and review to the State Board of Assess- ments.
Referred to Committee on Judiciary No. 1.
By Senator Dent: S. B. 24, a bill to appropriate annually the sum of $3,000.00 to the North Carolina Rhododendron Festival on Roan Mountain in Mitchell County during the next biennium.
Referred to Committee on Appropriations.
Upon motion of Senator Robinson, the Senate adjourns to meet tomorrow morning at 9:30 o'clock, at which time only Public Local bills will be con- sidered, and adjournment will be until Monday evening at 8:00 o'clock.
TENTH DAY
Senate Chamber, Saturday, January 25, 1969.
The Senate meets pursuant to adjournment, and in the absence of Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins to the Chair, who calls the Senate to order and presides during the Session.
Prayer is offered by Mrs. Ellis Marsh of Raleigh, North Carolina.
Senator Bailey for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion
1969] SENATE JOURNAL 43
the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senator Bailey, the Senate adjourns to meet Monday evening at 8:00 o'clock.
ELEVENTH DAY
Senate Chamber, Monday, January 27, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules announces that the Journal of Saturday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the floor to the Honorable J. C. Pittman of Sanford, a member of the Senate in the 1937 Session and President Pro Tempore of the Senate in the 1949 Session.
The President extends the courtesies of the floor to former Senator Vinson Bridgers of Edgecombe County, and to former Representative Emmett W. Burden of Bertie County.
The President extends the courtesies of the galleries to Mrs. J. Russell Kirby, wife of Senator Kirby of Wilson County, and to Mrs. J. Marvin Johnson and Miss DeLane Johnson, the wife and daughter of Senator Johnson of Johnston County.
The President grants leave of absence to Senators Bowles and Dent for tonight.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on University Trustees: Senators Bowles, Chairman; Currie, Vice Chairman; Bryan, James, McGeachy, Murrow, Nielson, Rauch, Sapp, Saunders, Wood.
Committee on Correctional Institutions and Law Enforcement: Senators Maxwell, Chairman; Scott, Vice Chairman; Allsbrook, Bailey, Gurganus, Larkins, Murrow, West.
Committee on Personnel and Employment Programs: Senators Patterson, Chairman; Rauch, Vice Chairman; Briggs, Evans, Moore, Poovey, Robinson, Saunders.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions which are read the first time and disposed of, as follows:
44 SENATE JOURNAL [Session
H. J. R. 28, a joint resolution honoring the Statesville Senior High School Band.
Upon motion of Senator Joyner, the rules are suspended and the resolu- tion is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
Upon motion of Senator Rauch, the Senate adjourns to meet tomorrow at 12 M.
TWELFTH DAY
Senate Chamber, Tuesday, January 28, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senator Flaherty, the President extends the courtesies of the galleries to Mr. B. W. Sweat of Caldwell County.
Senator McGeachy for the Committee on Rules submits the following amendments to Senate Rule 34:
Amend Rule 34, line 7, by changing the numeral "15" to "16", which will make the sentence read as follows: "Membership on standing committees shall consist of not more than sixteen or less than eight Senators, in- cluding the Chairman and Vice-Chairman who shall be designated by the President."
Further amend Rule 34, line 14, by changing the numeral "7" to "8" which will make the sentence read as follows: "No Senator shall hold membership on more than eight standing committees unless the Committee on Rules provides otherwise."
Upon motion of Senator McGeachy, the amendments to Rule 34 are adopted.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on Alcoholic Beverage Control: Senators Currie, Chairman; L. Warren of Wayne, Vice-Chairman; Briggs, Harrington, MacLean, Max- well, Nielson, Reed, S. Warren of Sampson, West, J. White of Cleveland, Wood.
Committee on Insurance: Senators Edwards, Chairman; Allen, Vice- Chairman; Allsbrook, Bagnal, Briggs, Burney, Currie, Ellis, Flaherty, Henley, James, Kirby, Rauch, S. Warren of Sampson.
1969] SENATE JOURNAL 45
Committee on Public Utilities: Senators Saunders, Chairman; Bailey, Vice-Chairman; Allen, Bryan, Dent, Harrington, Penn, Rauch, Scott, Staton, L. Warren of Wayne, Wilkie.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
S. J. R. 11, a joint resolution honoring the memory of an active and gracious lady, Mrs. 0. Max Gardner.
H. J. R. 16, a joint resolution recognizing the East Rutherford High School Band.
H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her outstanding service as executive director of The North Carolina Mental Health Association.
H. J. R. 27, a joint resolution honoring the life and memory of J. Wilbur Bunn, former member of the General Assembly.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senators Rauch and J. White of Cleveland: S. B. 25, a bill to rewrite General Statutes 115-125 relating to the condemnation of land for school purposes so as to increase the maximum size of such sites to fifty acres.
Referred to Committee on Judiciary No. 1.
By Senators Ellis and Burney: S. B. 26, a bill to establish the North Carolina Underwriting Association so as to provide a method whereby adequate fire and extended coverage insurance may be obtained in the beach and coastal areas of North Carolina.
Referred to Committee on Insurance.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions, which are read the first time, and disposed of as follows:
H. J. R. 39, a joint resolution honoring the memory of a distinguished servant of the people of North Carolina, Dr. Fredrick P. Brooks.
Upon motion of Senator V. White of Pitt, the rules are suspended and the resolution is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
Upon motion of Senator V. White of Pitt, H. J. R. 38 is ordered spread upon the Journal.
H. J. R. 39, a joint resolution honoring the memory of a distinguished servant of the people of North Carolina, Dr. Fredrick P. Brooks.
WHEREAS, Fredrick P. Brooks of Greenville, who was a native of Kinston, North Carolina, has practiced the art and science of medicine in
46 SENATE JOURNAL [Session
the City of Greenville for the past thirty-five years in a most dedicated manner; and
WHEREAS, he was a former member of the medical faculty of the University of North Carolina; and
WHEREAS, Dr. Fredrick P. Brooks is survived by a lovely wife and distinguished family; and
WHEREAS, he was the father of the Honorable John C. Brooks, the first and present Administrative Officer of this 1969 General Assembly:
NOW THEREFORE, be it resolved by the House, the Senate concurring: that in the death of Dr. Fredrick P. Brooks, the State of North Carolina has sustained the loss of an outstanding citizen and physician, and that a copy of this Resolution be spread upon the minutes of both the Senate and House of Representatives, and that a copy of this Resolution be duly certified by the Secretary of State and transmitted by him to the family of Dr. Fredrick P. Brooks, and that this Resolution shall become effective upon its adoption.
Upon motion of Senator Scott, the Senate adjourns to meet tomorrow at 12 M.
THIRTEENTH DAY
Senate Chamber, Wednesday, January 29, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Walter D. Volz, President of the Raleigh Ministerial Association, and Pastor of Our Saviour Lutheran Church, Raleigh.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the galleries to Mr. James T. Luman and Mr. George R. Uzzell, Jr. of the Greensboro Police Department. Mr. Uzzell is the son of the late George R. Uzzell of Rowan County, a long time member of the House of Representatives.
The President grants leave of absence to Senator Norton for today, and to Senator Currie for tomorrow, January 30, 1969.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on Highway Safety: Senators Wood, Chairman; Johnson, Vice-Chairman; Penn, Vice-Chairman; Flaherty, Griffin, Maxwell, Poovey, West, V. White of Pitt.
Committee on Libraries: Senators Coggins, Chairman; MacLean, Vice- Chairman; Allen, Bagnal, Dent, Joyner, Larkins, Scott, V. White of Pitt.
1969] SENATE JOURNAL 47
Committee on Public Roads: Senators Harrington, Chairman; Maxwell, Vice-Chairman; Robinson, Vice-Chairman; Allsbrook, Gurganus, Henley, Murrow, Norton, Reed, Saunders, West, Wood.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senators Bowles and Rauch: S. B. 27, a bill to amend General Statutes 18-85 so as to increase the surtax on liquor from two percent (2(A) to twelve percent (12c/c).
Referred to Committee on Finance.
By Senator J. White of Cleveland: S. B. 28, a bill removing county exemptions from certain General Statutes.
Referred to Committee on Local Government.
By Senator J. White of Cleveland: S. B. 29, a bill authorizing the qualified voters of the several cities and towns of the State to amend their corporate charters concerning the mode of selection of the Governing Board.
Referred to Committee on Local Government.
By Senator J. White of Cleveland: S. B. 30, a bill granting ordinance- making authority to counties.
Referred to Committee on Local Government.
By Senator J. White of Cleveland: S. B. 31, a bill authorizing the board of county commissioners of the several counties of the State to fix their compensation.
Referred to Committee on Local Government.
By Senator J. White of Cleveland: S. B. 32, a bill to allow the governing bodies of the several cities and towns of the State to fix their own com- pensation.
Referred to Committee on Local Government.
By Senator Flaherty: S. B. 33, a bill to amend General Statutes 105-345 relating to ad valorem property tax penalties and discounts in the town of Drexel.
Referred to Committee on Local Government.
By Senator Bailey: S. B. 34, a bill to amend various sections of the General Statutes to take into account the existence of the Court of Appeals.
Referred to Committee on Courts and Judicial Districts.
By Senator MacLean: S. B. 35, a bill to amend General Statutes 113-120.3 to increase penalty for mutilation, destruction of posted signs.
Referred to Committee on Agriculture.
By Senator MacLean: S. B. 36, a bill to amend General Statutes 153-10.1 to authorize the board of county commissioners of Robeson County to regulate garbage disposal.
Referred to Committee on Local Government.
By Senator Boger: S. B. 37, a bill to grant zoning authority outside the city limits to the town of Mount Pleasant in Cabarrus County.
48 SENATE JOURNAL [Session
Referred to Committee on Local Government.
By Senator Dent: S. B. 38, a bill to provide that police officers of the city of Asheville shall not be required to reside within the city limits.
Referred to Committee on Local Government.
By Senator Folger: S. B. 39, a bill to amend Chapter 302 of the Session Laws of 1967, by changing and enlarging the membership of board of directors and increasing benefits payable under the supplementary pension fund for firemen in the town of Mount Airy.
Referred to Committee on Local Government.
By Senators Scott and L. Warren of Wayne: S. B. 40, a bill to exempt the North Carolina Symphony Society, Incorporated, from certain privilege license taxes.
Referred to Committee on Finance.
By Senators L. Warren of Wayne and Scott: S. B. 41, a bill to amend General Statutes 135-1 so as to make permanent employees of the North Carolina Symphony Society, Incorporated, eligible for membership in the Teachers' and State Employees' Retirement System.
Referred to Committee on Personnel and Employment Programs.
By Senator Ellis: S. B. 42, a bill to amend General Statutes 20-279.21 relating to motor vehicle liability policies so as to provide that default judgments taken against insureds shall not be used as a basis for judgment against an insurer unless such insurer has had reasonable notice of the pendency of suit against its insured and an opportunity to defend.
Referred to Committee on Insurance.
Upon motion of Senator J. White of Cleveland, the Senate adjourns to meet tomorrow morning at 11 :45 o'clock.
FOURTEENTH DAY
Senate Chamber, Thursday, January 30, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Donald Myers, Pastor, First Baptist Church of Reidsville.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Senator J. White of Cleveland presents to the Senate "The Generation", a group from the First Baptist Church of Shelby under the direction of Mr. Van H. Ramsey, who present a short musical program.
The President extends the courtesies of the galleries to Mrs. James M. Harper, Jr., a recent candidate for the office of Lieutenant Governor of North Carolina.
Upon motion of Senators Bowles and Edwards, the courtesies of the galleries are extended to Mr. Jake Froleich, Chairman, to Mrs. Paul Gil-
1969] SENATE JOURNAL 49
more, Vice-Chairman, and to the entire Guilford County Democratic Execu- tive Committee, who are visiting Raleigh to celebrate "Guilford County Day".
The President extends the courtesies of the galleries to Mrs. Jessamine Bowles and to Mr. John Bowles, the wife and brother of Senator Bowles of Guilford County.
The President extends the courtesies of the galleries to Mrs. Edward F. Griffin, wife of Senator Griffin of Franklin County, and to Mrs. Mark Lindsey, the sister of Senator James of Richmond County.
Upon motion of Senator West, the courtesies of the galleries are ex- tended to Mr. H. Bueck, Superintendent of Macon County Public Schools, and Mrs. Bueck, and to Mr. Peter Yonce, an exchange student from Holland accompanying them.
Upon motion of Senators Bailey and Coggins, the courtesies of the galleries are extended to the seventh grade of Our Lady of Lourdes School, Raleigh, and to their teacher, Mrs. Linda Venuto.
The President grants leave of absence to Senator Moore for tomorrow, Friday, January 31, 1969.
Upon motion of Senator McGeachy, S. B. 2, a bill to establish a system of youth councils that will provide the youth of North Carolina an op- portunity to develop leadership skills and become responsible citizens, is taken from the Committee on Rules and re-referred to the Committee on State Government.
Upon motion of Senator McGeachy, S. B. 7, a bill to protect children through licensing of day-care facilities and other limited regulations, is taken from the Committee on Rules and re-referred to the Committee on Judiciary No. 2.
Upon motion of Senator McGeachy, S. B. 15, a bill to incorporate and establish the central North Carolina school for the deaf, is taken from the Committee on Rules and re-referred to the Committee on Education.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on Higher Education: Senators Kirby, Chairman; Boger, Vice Chairman; Coggins, Vice Chairman; Burney, Currie, Dent, Folger, Harring- ton, MacLean, Maxwell, Nielson, Poovey, Rauch, L. Warren of Wayne, V. White of Pitt.
Committee on State Government: Senators Henley, Chairman; Griffin, Vice Chairman; Dent, Edwards, Ellis, Evans, Flaherty, Patterson.
Committee on Wildlife: Senators Moore, Chairman; V. White of Pitt, Vice Chairman; Bryan, Folger, Harrington, McGeachy, Poovey, Penn, S. Warren of Sampson.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
50 SENATE JOURNAL [Session
H. J. R. 28, a joint resolution honoring the Statesville Senior High School Band.
H. J. R. 39, a joint resolution honoring the memory of a distinguished servant of the people of North Carolina, Dr. Fredrick P. Brooks.
REPORTS OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their place on the Calendar, as follows:
By Senator J. White of Cleveland, for the Committee on Local Govern- ment:
S. B. 3, a bill amending Chapter 151 of the General Statutes so as to authorize constables to serve criminal and civil process, and authorizing county commissioners to fix the salaries of constables, with a favorable report.
Upon motion of Senator Bailey, the bill is re-referred to the Committee on Courts and Judicial Districts.
S. B. 9, a bill to repeal Chapter 338 of the Session Laws of 1963 relating to the boundary lines of the Lenoir School Administrative Unit, with a favorable report, as amended.
Upon motion of Senator J. White of Cleveland, the amendment offered by the Committee is adopted.
Upon motion of Senator Flaherty, the rules are suspended and the bill, as amended, is placed upon its immediate passage.
The bill, as amended, passes its second and third readings and is ordered engrossed and sent to the House of Representatives.
By Senator Bailey, for the Committee on Courts and Judicial Districts:
S. B. 5, a bill to make certain technical and clarifying amendments to General Statutes Chapter 9, "jurors", with a favorable report.
By Senator Evans, for the Committee on Education:
S. B. 21, a bill to rewrite Chapter 630, Session Laws of 1967, so as to provide for the at large nomination and election of members of the board of education of Onslow County, with a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator J. White of Cleveland: S. B. 43, a bill authorizing the board of commissioners of any county to modify the composition and mode of election of the board.
Referred to Committee on Local Government.
By Senator J. White of Cleveland: S. B. 44, a bill to fix a uniform schedule of fees to be charged by the register of deeds throughout North Carolina.
Referred to Committee on Local Government.
By Senator MacLean: S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 14-134.1 so as to increase penalty for violations.
1969] SENATE JOURNAL 51
Referred to Committee on Judiciary No. 2.
By Senators James, Burney, J. White of Cleveland and Ellis: S. B. 46, a bill to authorize and make uniform the procedure making a gift of all or part of a human body after death for specified purposes.
Referred to Committee on Public Health.
By Senators Staton and Joyner: S. B. 47, a bill to amend Chapter 24-10 of the General Statutes relating to seven percent interest on residential loans so as to permit seven percent interest on certain church building and improvement loans.
Referred to Committee on Banking.
By Senator Robinson: S. B. 48, a bill to make it a felony for a person to remove a child from this State when a court has awarded custody to another person.
Referred to Committee on Judiciary No. 2.
By Senators Nielson, Briggs, West, Wilkie and Flaherty: S. B. 49, a bill to alter the salary schedules and to increase the salaries of public school classroom teachers and other public school special service personnel.
Referred to Committee on Appropriations.
By Senator Poovey: S. B. 50, a bill to amend Article VI of the Constitu- tion of North Carolina so as to lower the minimum voting age, and to impose contractual obligations.
Referred to Committee on Constitution.
By Senator Saunders: S. J. R. 51, a joint resolution honoring the life and memory of Wilbur Hoke Currie, former member of the General Assembly.
Upon motion of Senator Saunders, the rules are suspended and the resolution is placed upon its immediate passage.
Passes its second and third readings and is ordered sent to the House of Representatives by special messenger.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives transmitting the following bills and resolutions, which are read the first time and disposed of as follows:
H. B. 24, a bill to extend the immunity for reporting cancer to employees of physicians, pathologists, hospitals and other medical facilities.
Referred to Committee on Public Health.
Upon motion of Senator Bowles, the Senate adjourns to meet tomorrow morning at 10:00 o'clock.
FIFTEENTH DAY
Senate Chamber, Friday, January 31, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
52 SENATE JOURNAL [Session
Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the Senate.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President thanks the pages and pagettes for their services in the Senate this week.
APPOINTMENTS
The President announces the appointment of the following standing committees:
Committee on Banking: Senators S. Warren of Sampson, Chairman; Ellis, Vice Chairman; Bagnal, Vice Chairman; Bailey, Bowles, Coggins, Currie, Dent, Folger, Kirby, MacLean, Moore, Sapp, Saunders, L. Warren of Wayne, Wood.
Committee on Manufacturing, Labor and Commerce: Senators Staton, Chairman; Rauch, Vice Chairman; Coggins, Currie, Flaherty, Griffin, Har- rington, Larkins, MacLean, Murrow, Wilkie.
REPORTS OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their places on the Calendar, as follows:
By Senator J. White of Cleveland, for the Committee on Local Govern- ment:
S. B. 39, a bill to amend Chapter 302 of the Session Laws of 1967, by changing and enlarging the membership of board of directors and in- creasing benefits payable under the supplementary pension fund for fire- men in the town of Mount Airy, with a favorable report.
S. B. 33, a bill to amend General Statutes 105-345 relating to ad valorem property tax penalties and discounts in the town of Drexel, with a favorable report
S. B. 37, a bill to grant zoning authority outside the city limits to the city limits to the town of Mount Pleasant in Cabarrus County, with a favorable report, as amended.
Upon motion of Senator J. White of Cleveland, the amendment offered by the Committee is adopted.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Wilkie: S. B. 52, a bill to amend General Statutes 20-11, General Statutes 20-88.1 and General Statutes 115-202 to provide for night driving experience for students in the driver education courses.
Referred to Committee on Highway Safety.
1969] SENATE JOURNAL 53
By Senator J. White of Cleveland: S. B. 53, a bill to permit a referendum in municipalities concerning the sale of alcoholic beverages.
Referred to Committee on Alcoholic Beverage Control.
By Senator Bailey: S. B. 54, a bill to raise the salary or per diem of certain officials of the General Court of Justice.
Referred to Committee on Appropriations.
By Senator McGeachy: S. B. 55, a bill to amend Chapter 120 of the General Statutes so as to establish the Legislative Intern Program Council, and to enable such council to promulgate and adopt a plan for legislative interns and further providing for the funding of such program.
Referred to Committee on Rules.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 21, a bill to rewrite Chapter 630, Session Laws of 1967, so as to provide for the at large nomination and election of members of the board of education of Onslow County.
Passes its second and third readings and is ordered sent to the House of Representatives.
S. B. 5, a bill to make certain technical and clarifying amendments to General Statutes Chapter 9, "Jurors".
Passes its second and third readings and is ordered sent to the House of Representatives.
Upon motion of Senator Robinson, the Senate adjourns to meet tomorrow morning at 9:30 o'clock, at which time only Public Local bills will be con- sidered, and adjournment will be until Monday evening at 8:00 o'clock.
SIXTEENTH DAY
Senate Chamber, Saturday, February 1, 1969.
The Senate meets pursuant to adjournment, and in the absence of Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins to the Chair, who calls the Senate to order and presides during the Session.
Prayer is offered by Mr. Bob Farrington of Raleigh.
Senator Bailey for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senator Bailey, the Senate adjourns to meet Monday evening at 8 o'clock.
54 SENATE JOURNAL [Session
SEVENTEENTH DAY
Senate Chamber, Monday, February 3, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the Senate.
Senator McGeachy for the Committee on Rules announces that the Journal of Saturday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the galleries to Boy Scout Troop No. 202 of Merry Oaks, and to Mr. W. A. Wood, Scoutmaster.
The President grants leave of absence to Senator Dent for tonight and to Senator Currie for tonight and tomorrow, February 4, 1969.
enrolled bills
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
S. J. R. 51, a joint resolution honoring the life and memory of Wilbur Hoke Currie, former member of the General Assembly.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Allsbrook: S. B. 56, a bill to amend General Statutes 20-7 (f) so as to reward safe drivers by eliminating the requirement for taking written and road tests when applying for renewal of operator's license.
Referred to Committee on Highway Safety.
By Senator Allsbrook: S. B. 57, a bill to authorize the Supreme Court of North Carolina to receive and answer certificates as to state law from federal courts.
Referred to Committee on Judiciary No. 1.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives transmitting the following bills and resolutions, which are read the first time, and disposed of as follows:
H. B. 32, a bill to modify the motor vehicle restrictions pertaining to passing at railroad intersections.
Referred to Committee on Highway Safety.
H. B. 36, a bill to amend the charter of the city of Mount Holly so as to create a City Council consisting of five members.
Referred to Committee on Local Government.
1969] SENATE JOURNAL 55
H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959, relating to the issuance of pistol permits, so as to make the same applicable to Haywood County.
Referred to Committee on Local Government.
H. J. R. 70, a joint resolution expressing the gratitude of the General Assembly to Mrs. Annie E. Cooper for her services to the State.
Upon motion of Senator Moore, the rules are suspended and the resolu- tion is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 33, a bill to amend General Statutes 105-345 relating to ad valorem property tax penalties and discounts in the town of Drexel.
Passes its second and third readings and is ordered sent to the House of Representatives.
S. B. 37, a bill to grant zoning authority outside the city limits to the town of Mount Pleasant in Cabarrus County.
Passes its second and third readings as amended, and is ordered en- grossed and sent to the House of Representatives.
S. B. 39, a bill to amend Chapter 302 of the Session Laws of 1967, by creasing benefits payable under the supplementary pension fund for fire- changing and enlarging the membership of Board of Directors and in- men in the town of Mt. Airy.
Passes its second and third readings and is ordered sent to the House of Representatives.
Upon motion of Senator Edwards, the Senate adjourns to meet tomorrow at 12 M.
EIGHTEENTH DAY
Senate Chamber, Tuesday, February 4, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the floor to former Senators Adam Whitley of Johnston County and Fred Royster of Vance County.
Upon motion of Senators Coggins and Bailey, the courtesies of the galleries are extended to Mrs. Joseph Brennan and a group of children from the New Bern Avenue Day Care Center, Raleigh.
56 SENATE JOURNAL [Session
Upon motion of Senator Allen, the courtesies of the galleries are ex- tended to the seventh grade of Rogers-Herr Junior High School of Durham and their teacher, Miss Vicki Joyner.
The President grants leave of absence to Senator Staton for today, and to Senator Wood for tomorrow, February 5, 1969.
APPOINTMENTS
The President announces the following change in appointments to stand- ing committees:
Senator Burney is removed from the Committee on Judiciary No. 1 and appointed to the Committee on Judiciary No. 2.
REPORTS OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their place on the Calendar, as follows:
By Senator Ellis, for the Committee on Judiciary No. 1:
S. B. 23, a bill to authorize joint appeals from the several boards of equalization and review to the State Board of Assessments, with a favor- able report.
By Senator McGeachy, for the Committee on Rules:
S. B. 55, a bill to amend Chapter 120 of the General Statutes so as to establish the Legislative Intern Program Council, and to enable such council to promulgate and adopt a plan for legislative interns and further pro- viding for the funding of such program, with a favorable report, as amended.
Upon motion of Senator McGeachy, the amendment offered by the Com- mittee is adopted.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator James: S. B. 58, a bill to give the members of the police departments of all cities, towns and municipalities in Richmond County the authority to make arrests and serve criminal process in the territories outside the corporate limits for a distance of two and one-half miles.
Referred to Committee on Local Government.
By Senator Burney: S. B. 59, a bill to provide for an additional resident judge in the fifth judicial district.
Referred to Committee on Courts and Judicial Districts.
By Senator Burney: S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance of joint bank accounts with right of survivorship.
Referred to Committee on Judiciary No. 2.
By Senator Burney: S. B. 61, a bill to rewrite and clarify the statutory limitation-upon-right to perform autopsy.
Referred to Committee on Judiciary No. 2.
1969] SENATE JOURNAL 57
By Senator Edwards: S. B. 62, a bill to amend the income tax laws so as to permit the deduction of small contributions to political campaigns.
Referred to Committee on Judiciary No. 2.
By Senator Folger: S. B. 63, a bill amending General Statutes 105-4, relating to inheritance tax exemptions, so as to provide that the exemp- tions for surviving husbands shall be the same as for surviving wives.
Referred to Committee on Finance.
By Senator Boger: S. B. 64, a bill to amend General Statutes 1-239 so as to permit waiver of notice by attorneys of record in certain cases.
Referred to Committee on Judiciary No. 2.
By Senator Poovey: S. B. 65, a bill to require each township to include at least one election precinct but to allow additional precincts to encompass territory from more than one township.
Referred to Committee on Election Laws.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives transmitting the following bills and resolutions, which are read the first time and disposed of as follows:
H. B. 23, a bill authorizing the board of education of Greene County to convey property to the board of commissioners of Greene County.
Referred to Committee on Local Government.
H. B. 25, a bill to fill the vacancy on the Columbus County Board of Education and to appoint a member to said board.
Upon motion of Senator Robinson, the rules are suspended and the bill is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
H. B. 17, a bill relating to the election of members of the Anson County Board of Education so as to decrease the number elected in 1972 from three to two and to increase the number elected in 1974 from one to two.
Referred to Committee on Local Government.
H. J. R. 74, a joint resolution honoring the life and memory of Franklin Wills Hancock, Jr., former member of the General Assembly of North Carolina and the United States House of Representatives.
Upon motion of Senator Griffin, the rules are suspended and the resolu- tion is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
House of Representatives, Tuesday, February 4, 1969.
Mr. President:
It is ordered that a message be sent your Honorable Body requesting the return for further consideration by the House of Representatives of H. B. 17, a bill to be entitled an act relating to the election of members of the Anson County Board of Education so as to decrease the number elected
58 SENATE JOURNAL [Session
in 1972 from three to two and to increase the number elected in 1974 from one to two.
Respectfully,
Jo Ann Smith, Principal Clerk
Upon motion of Senator Boger, H. B. 17, a bill relating to the election of members of the Anson County Board of Education so as to decrease the number elected in 1972 from three to two and to increase the number elected in 1974 from one to two, is taken from the Committee on Local Government and returned to the House of Representatives.
Upon motion of Senator Saunders, the Senate adjourns to meet tomorrow at 12 M.
NINETEENTH DAY
Senate Chamber, Wednesday, February 5, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the galleries and the floor to former Senator Don Matheson of Orange County and Mrs. Matheson.
Upon motion of Senator Rauch, the President extends the courtesies of the galleries to Mr. Duke England, County Manager of Gaston County, and to Mrs. Rose Forrest of Gastonia.
Upon motion of Senator Penn, the President extends the courtesies of the galleries to the Honorable Russell Newman, President of the North Carolina Association of County Commissioners.
The President grants leave of absence to Senator James for tomorrow, February 6, 1969, and to Senator Currie for today and the remainder of the week.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 70, a joint resolution expressing the gratitude of the General Assembly to Mrs. Annie E. Cooper for her services to the State.
H. J. R. 74, a joint resolution honoring the life and memory of Franklin Wills Hancock, Jr., former member of the General Assembly of North Carolina and the United States House of Representatives.
H. B. 25, an act to fill the vacancy on the Columbus County Board of Education and to appoint a member to said Board.
1969] SENATE JOURNAL 59
REPORTS OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their place on the Calendar, as follows:
By Senator James, for the Committee on Public Health:
H. B. 24, a bill to extend the immunity for reporting cancer to employees of physicians, pathologists, hospitals and other medical facilities, with a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Burney: S. B. 66, a bill to correct several separate state board, commission and committee authorization acts to conform to General Statutes 138-5 with regard to the amount of per diem payments authorized for members.
Referred to Committee on Judiciary No. 2.
By Senator Burney: S. B. 67, a bill to authorize the dedication of streets in partition proceedings.
Referred to Committee on Judiciary No. 2.
By Senator James: S. B. 68, a bill to amend General Statutes 18-39(3), so as to provide funds to the North Carolina Department of Mental Health for education, research, treatment and rehabilitation of alcoholics and mentally ill persons, and to provide facilities.
Referred to Committee on Mental Health.
By Senators J. White of Cleveland and James: S. B. 69, a bill to amend General Statutes 58-254.4 and Chapter 57 of the General Statutes relating to group accident and health insurance policies, so as to prohibit the ap- plication of coordination of benefits or nonduplication provisions as be- tween spouses separately insured under group policies.
Referred to Committee on Insurance.
By Senator Staton: S. B. 70, a bill to amend North Carolina General Statute 127-106.1, relating to the power of arrest of members of the North Carolina National Guard or state defense militia, for the purpose of grant- ing members of the North Carolina National Guard or state defense militia with immunity from criminal or civil prosecution for any acts done in the performance of their duties during time of public disaster or crisis.
Referred to Committee on Veterans and Military Affairs.
By Senator Dent: S. B. 71, a bill to amend Chapter 121, Private Laws of 1931, to provide for the election of the City Council of the city of Asheville, and solicitor and judge of police court.
Referred to Committee on Local Government.
By Senator MacLean: S. B. 72, a bill to amend the North Carolina Seed Law so as to provide an alternative method for collecting funds under said Act.
Referred to Committee on Agriculture.
60 SENATE JOURNAL [Session
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 23, a bill to authorize joint appeals from the several boards of equalization and review to the State Board of Assessments.
Passes its second and third readings and is ordered sent to the House of Representatives.
S. B. 55, a bill to amend Chapter 120 of the General Statutes so as to establish the Legislative Intern Program Council, and to enable such Council to promulgate and adopt a plan for legislative interns and further pro- viding for the funding of such program.
The bill, as amended, passes its second and third readings and is ordered engrossed and sent to the House of Representatives.
Upon motion of Senator Gurganus, the Senate adjourns to meet tomorrow at 12 M.
TWENTIETH DAY
Senate Chamber, Thursday, February 6, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Most Reverend Vincent S. Waters, Bishop of the Roman Catholic Diocese of Raleigh.
Senator Moore for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senators Joyner and Poovey, the courtesies of the galleries are extended to the Public Speaking Class of Maiden High School, Maiden, and to their teacher, Mr. Lanny Shelton.
Upon motion of Senators Henley and McGeachy, the courtesies of the galleries are extended to one hundred pupils from the seventh grade of the J. W. Coon School of Cumberland County, and to their teacher, Mr. Fred Hall.
Upon motion of Senator Flaherty, the courtesies of the galleries are extended to Mr. Lewis Price, Lenoir City Manager, Mr. Charles Poovey, Assistant City Manager of Lenoir, and to Mr. Melvin Holmes, Caldwell County Manager.
Upon motion of Senator Wilkie, the courtesies of the galleries are ex- tended to Mr. Curtiss Russ, publisher of The Waynesville Mountaineer and Highway Commissioner for the Fourteenth Division.
Upon motion of Senator V. White of Pitt, the President extends the courtesies of the galleries to the Reverend Willis W. Wilson of Winterville, President of the North Carolina Free Will Baptist Convention and 1969 Free Will Baptist Minister of the Year; to the Reverend David Hansley,
1969] SENATE JOURNAL 61
General Secretary of the Free Will Baptist Convention; and to the Reverend Cedric Pierce, Jr., Pastor of Black Jack Church, Greenville.
The President extends the courtesies of the galleries to Mr. Carl Renfro of Wilson, a member of the State Highway Commission.
Upon motion of Senators Boger and Patterson, the courtesies of the galleries are extended to Superior Court Judge Walter E. Brock of Wadesboro.
The President grants leave of absence to Senator Bailey for today, and to Senators Joyner, Gurganus, Evans and MacLean for tomorrow, February 7, 1969.
The President recognizes Senator Saunders who was voted "The Most Admired Man in Moore County" in an election sponsored by The Sandhill Citizen and The Robbins Record, weekly newspapers published in Moore County.
REPORTS OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their place on the Calendar, as follows:
By Senator J. White of Cleveland, for the Committee on Local Govern- ment:
S. B. 20, a bill relating to the Forsyth County Peace Officers' Association, with a favorable report, as amended.
H. B. 23, a bill authorizing the board of education of Greene County to convey property to the board of commissioners of Greene County, with a favorable report.
By Senator Ellis, for the Committee on Judiciary No. 1:
S. B. 25, a bill to rewrite General Statutes 115-125 relating to the con- demnation of land for school purposes so as to increase the maximum size of such sites to fifty acres, with a favorable report.
By Senator J. White of Cleveland, for the Committee on Loval Govern- ment:
H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959, relating to the issuance of pistol permits, so as to make the same applicable to Haywood County, with a favorable report.
By Senator Boger, for the Committee on Judiciary No. 2:
S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 14-134.1 so as to increase penalty for violations, with a favorable report, as amended.
S. B. 61, a bill to rewrite and clarify the statutory limitation upon right to perform autopsy, with a favorable report.
S. B. 64, a bill to amend General Statutes 1-239 (b) so as to permit waiver of notice by attorneys of record in certain cases, with a favorable report.
S. B. 66, a bill to correct several separate state board, commission and committee authorization acts to conform to General Statutes 138-5 with regard to amount of per diem payments authorized for members, with a favorable report, as amended.
62 SENATE JOURNAL [Session
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Scott: S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person temporarily residing outside North Carolina to renew an operator's license by mail.
Referred to Committee on Highway Safety.
By Senator Rauch, Coggins, Ellis, Penn, Henley and Bowles: S. B. 74, a bill to amend Article 2 of Chapter 20 to provide for suspension of opera- tor's license of provisional licensee for dropping out of school.
Referred to Committee on Highway Safety.
By Senator Burney: S. B. 75, a bill to permit written declarations in lieu of oaths before an officer.
Referred to Committee on Judiciary No. 2.
By Senator Burney: S. B. 76, a bill to provide for instruments to secure future advances and future obligations.
Referred to Committee on Judiciary No. 2.
By Senator Burney: S. B. 77, a bill to amend the laws relating to mechanics and materialmen's liens.
Referred to Committee on Judiciary No. 2.
By Senator Burney: S. B. 78, a bill to correct certain errors in the General Statutes.
Referred to Committee on Judiciary No. 2.
By Senators Ellis, Staton and Gurganus: S. B. 79, a bill to increase from $5,000 to $15,000 the civil jurisdiction of the district court division of the General Court of Justice.
Referred to Committee on Courts and Judicial Districts.
By Senator McGeachy: S. J. R. 80, a joint resolution inviting His Ex- cellency, the Governor, to address a Joint Session of the Senate and House of Representatives at 12:30 p.m., Wednesday, February 12, 1969.
Upon motion of Senator McGeachy, the rules are suspended and the resolution is placed upon its immediate passage.
Passes its second and third readings and is ordered sent to the House of Representatives.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives transmitting the following bills and resolutions, which are read the first time and disposed of as follows:
H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis.
Referred to Committee on Rules.
H. J. R. 91, a joint resolution honoring the life and memory of John Wesley Umstead, Jr.
Upon motion of Senator Wood, the rules are suspended and the resolu- tion is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
1969] SENATE JOURNAL 63
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 24, a bill to extend the immunity for reporting cancer to employees of physicians, pathologists, hospitals and other medical facilities.
Upon motion of Senator Allsbrook, consideration of the bill is postponed until tomorrow, February 7, 1969.
Upon motion of Senator Larkins, the Senate adjourns to meet tomorrow morning at 10:00 o'clock.
TWENTY-FIRST DAY
Senate Chamber, Friday, February 7, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President grants leave of absence to Senator Dent for today and to Senator Johnson for Monday, February 10, 1969.
APPOINTMENTS
The President announces the appointment of the following standing committee:
Committee on Election Laws: Senators Norton, Chairman; Kirby, Vice- Chairman; Boger, Bowles, Briggs, Ellis, James, Moore, Nielson, Scott.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions, which are read the first time and disposed of as follows:
H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance Norman.
Referred to Committee on Rules.
H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, former legislator.
Referred to Committee on Rules.
H. J. R. 103, a joint resolution opposing the Federal Communications Commission's regulation prohibiting cigarette advertising on radio and television.
Upon motion of Senator Kirby the rules are suspended and the bill is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
64 SENATE JOURNAL [Session
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 20, a bill relating to the Forsyth County Peace Officers' Association.
Upon motion of Senator J. White of Cleveland, the amendment offered by the Committee is adopted.
The bill, as amended, passes its second and third readings and is ordered engrossed and sent to the House of Representatives.
S. B. 25, a bill to rewrite General Statutes 115-125 relating to the con- demnation of land for school purposes so as to increase the maximum size of such sites to fifty acres.
Passes its second and third readings and is ordered sent to the House of Representatives.
S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 14-134.1 so as to increase penalty for violations.
Upon motion of Senator Boger the Committee amendments are adopted.
Upon motion of Senator Boger consideration of the bill is postponed until Monday, February 10, 1969.
S. B. 61, a bill to rewrite and clarify the statutory limitation-upon-right to perform autopsy.
Passes its second and third readings and is ordered sent to the House of Representatives.
S. B. 64, a bill to amend General Statutes 1-239 (b) so as to permit waiver of notice by attorneys of record in certain cases.
Passes its second and third readings and is ordered sent to the House of Representatives.
S. B. 66, a bill to correct several separate state board, commission and committee authorization acts to conform to General Statutes 138-5 with regard to the amount of per diem payments authorized for members.
Upon motion of Senator Boger the Committee amendment is adopted.
The bill, as amended, passes its second and third readings and is ordered engrossed and sent to the House of Representatives.
H. B. 23, a bill authorizing the board of education of Greene County to convey property to the board of commissioners of Greene County.
Passes its second and third readings and is ordered enrolled.
H. B. 24, a bill to extend the immunity for reporting cancer to employees of physicians, pathologists, hospitals and other medical facilities.
Passes its second and third readings and is ordered enrolled.
H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959, relating to the issuance of pistol permits, so as to make the same applicable to Haywood County.
Passes its second and third readings and is ordered enrolled.
Upon motion of Senator Allsbrook, the Senate adjourns to meet tomorrow morning at 9:30 o'clock, at which time only Public Local bills will be con- sidered, and adjournment will be until Monday evening at 7:30 o'clock.
1969] SENATE JOURNAL 65
TWENTY-SECOND DAY
Senate Chamber, Saturday, February 8, 1969.
The Senate meets pursuant to adjournment, and in the absence of Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins to the Chair, who calls the Senate to order and presides during the Session.
Prayer is offered by Mrs. Annie Jo Howell of Raleigh.
Senator Poovey, for the Committee on Rules, announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senator Poovey, the Senate adjourns to meet Monday evening at 7:30 o'clock.
TWENTY-THIRD DAY
Senate Chamber, Monday, February 10, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules announces that the Journal of Saturday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President recognizes and extends the courtesies of the galleries to Mr. B. H. Byerly and Dr. J. H. Byerly of Sanford, Dr. and Mrs. Claude Byerly of Siler City, Mr. and Mrs. Charles T. Byerly and Dr. and Mrs. Charles T. Byerly, Jr. and children of Durham, members of the family of the late S. Ray Byerly, who served as Principal Clerk of the Senate from 1937 to 1967, inclusive.
The President grants leave of absence to Senators Harrington and Patterson for tonight.
REPORT OF COMMITTEE
Senator McGeachy for the Committee on Rules recommends that Rule No. 32 be amended as follows:
By changing the title "Committee on Rules" to "Committee on Rules and Operation of the Senate."
Upon motion of Senator McGeachy, the recommendation of the Committee on Rules is adopted.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
66 SENATE JOURNAL [Session
H. J. R. 91, a joint resolution honoring the life and memory of John Wesley Umstead, Jr.
S. J. R. 80, a joint resolution inviting His Excellency, the Governor, to address a Joint Session of the Senate and House of Representatives at 12:30 p.m., February 12, 1969.
H. J. R. 103, a joint resolution opposing the Federal Communications Commission's regulation prohibiting cigarette advertising on radio and tele- vision.
S. B. 21, an act to rewrite Chapter 630, Session Laws of 1967, so as to provide for the at-large nomination and election of members of the board of education of Onslow County.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senators Staton and Allsbrook: S. J. R. 81, a joint resolution com- memorating the life and memory of S. Ray Byerly.
Upon motion of Senator Staton, the rules are suspended and the resolu- tion is placed upon its immediate passage.
Passes its second and third readings and is ordered sent to the House of Representatives by special messenger.
Upon motion of Senator Staton, S. J. R. 81, a joint resolution com- memorating the life and memory of S. Ray Byerly, is ordered spread upon the Journal, as follows:
S. J. R. 81, a joint resolution commemorating the life and memory of S. Ray Byerly.
WHEREAS, S. Ray Byerly was born in Lee County, North Carolina, on the 21st day of June, 1903, and died unexpectedly at the age of 64 years on the 5th day of November, 1967, after a lifetime of unselfish and dis- tinguished service to his native County of Lee and State of North Carolina; and
WHEREAS, Mr. Byerly was a graduate of Wake Forest College and the Wake Forest Law School; and
WHEREAS, Mr. Byerly was an outstanding member of the Lee County Bar and the North Carolina Bar Associations; and
WHEREAS, Mr. Byerly served as Judge of the Lee County Recorders Court for 18 years; and
WHEREAS, Mr. Byerly was an active member of the First Baptist Church of Sanford and gave freely of his time and talents in numerous community projects; and
WHEREAS, Mr. Byerly was Principal Clerk of the Senate of the State of North Carolina continuously from 1937 until the time of his death on the 5th day of November, 1967; and
WHEREAS, Mr. Byerly was highly regarded as a parliamentarian and contributed immeasurably to the work of the State Senate; and
WHEREAS, by his untiring and devoted public service to the North Carolina Senate, Mr. Byerly contributed immeasurably to the constructive progress of the State of North Carolina; and
1969] SENATE JOURNAL 67
WHEREAS, in the death of Mr. Byerly, the State of North Carolina has suffered the loss of an outstanding citizen, attorney and public servant; and
WHEREAS, the Senate wishes to record its appreciation of his life and his contribution to this body and to the State of North Carolina and to express its sympathy to his family:
NOW, THEREFORE, be it resolved by the Senate, the House of Repre- sentatives concurring:
Section 1. That in the death of S. Ray Byerly the State of North Caro- lina and Lee County have lost an outstanding' public servant, an eminently able parliamentarian, and an outstanding, useful, loyal citizen.
Sec. 2. That the Senate has sustained an incalculable loss.
Sec. 3. That the General Assembly does hereby express its apprecia- tion of S. Ray Byerly as a devoted public servant and citizen, and does hereby extend its sympathy to his family for the loss of its distinguished member.
Sec. 4. That this Resolution shall become a part of the Public Record of the 1969 Session of the General Assembly, and a copy shall be duly certified by the Secretary of State and forthwith transmitted to the family of Mr. Byerly.
Sec. 5. That this Resolution shall become effective upon its adoption.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions, which are read the first time and disposed of, as follows:
H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487 of the Session Laws of 1967, to fix the organization meeting of the city council.
Referred to Committee on Local Government.
H. B. 56, a bill to make the eight year statute of limitations on ad valorem tax refunds contained in General Statutes 105-405.1 applicable in Cumberland County and Fayetteville by repealing Chapter 676 of the Session Laws of 1959.
Referred to Committee on Local Government.
H. B. 64, a bill to amend General Statutes 143-117 relating to payment of costs by patients at certain state institutions so as to include the North Carolina Sanatorium System.
Referred to Committee on Public Health.
H. B. 76, a bill amending General Statutes 47-17.1 so as to require that certain papers and documents registered in Pitt County show thereon the name of the draftsman.
Referred to Committee on Local Government.
H. B. 77, a bill amending General Statutes 30-15 so as to increase the year's allowance of a surviving spouse to two thousand dollars.
Referred to Committee on Judiciary No. 1.
68 SENATE JOURNAL [Session
H. J. R. 105, a joint resolution honoring the memory of Benjamin Eagles Fountain, former legislator.
Upon motion of Senator V. White of Pitt, the rules are suspended and the resolution is placed upon its immediate passage.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 14-134.1 so as to increase penalty for violations.
Upon motion of Senator Boger, consideration of the bill is postponed until Wednesday, February 12, 1969.
Upon motion of Senator Burney, the Senate adjourns to meet tomorrow at 12 M.
TWENTY-FOURTH DAY
Senate Chamber, Tuesday, February 11, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules and Operation of the Senate announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
The President extends the courtesies of the galleries to Mr. J. Marse Grant, Editor of The Biblical Recorder, and to a group of Baptist editors and executive secretaries from thirty states of the Southern Baptist Con- vention.
Upon motion of Senators Bagnal and Nielson, the President extends the courtesies of the galleries to one hundred eighty high school students from Winston-Salem under sponsorship of the Winston-Salem Urban League, together with their sponsors, Misses Ruth Harris and Johnnie Booker and Mr. Benjamin Henderson.
Upon motion of Senator West, the President extends the courtesies of the floor to the Honorable Mary Faye Brumby, former member of the Senate and former member of the House of Representatives.
Upon motion of Senator Griffin, the President extends the courtesies of the galleries to the Honorable W. L. Lumpkin of Louisburg, a former member of the Senate.
Upon motion of Senators Saunders and James, the President extends the courtesies of the galleries to sixty-six seventh graders of the North Davidson Junior High School, Lexington, and to their teacher, Mrs. Mildred S. Hill, whose son Eddie is serving as a Senate page this week.
1969] SENATE JOURNAL 69
The President announces the appointment of a committee comprised of Senators Harrington and Penn to escort the Governor to a Joint Session of the Senate and House of Representatives on Wednesday, February 12, 1969.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
S. B. 9, an act to repeal Chapter 338 of the Session Laws of 1963 re- lating to the boundary lines of the Lenoir school administrative unit.
H. B. 23, an act authorizing the board of education of Greene County to convey property to the board of commissioners of Greene County.
H. B. 24, an act to extend the immunity for reporting cancer to em- ployees of physicians, pathologists, hospitals and other medical facilities.
H. B. 40, an act amending Chapter 1073 of the Session Laws of 1959, relating to the issuance of pistol permits, so as to make the same applicable to Haywood County.
REPORTS OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their place on the Calendar, as follows:
By Senator Claude Currie, for the Committee on Alcoholic Beverage Control:
Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter 413 of 1963 Session Laws, relating to the Town of Morganton Board of Alcoholic Beverage Control, so as to increase the share of net profits allocable to finding alcoholism causes and cures and to broaden scope of activities authorized therefor and for other purposes, with an unfavorable report as to bill, favorable as to committee substitute bill.
Upon motion of Senator Currie the substitute bill is placed on today's Calendar.
By Senator Bailey, for the Committee on Courts and Judicial Districts:
S. B. 34, a bill to amend various sections of the General Statutes to take into account the existence of the Court of Appeals, with a favorable report, as amended.
By Senator Boger, for the Committee on Judiciary No. 2:
S. B. 62, a bill to amend the income tax laws so as to permit the de- duction of small contributions to political campaigns, with a favorable report, as amended.
Upon motion of Senator Boger the bill is re-referred to Committee on Finance.
S. B. 75, a bill to permit written declarations in lieu of oaths before an officer, with a favorable report, as amended.
70 SENATE JOURNAL [Session
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senators Burney and Evans: S. B. 82, a bill directing the State Board of Education to conduct a study as to the feasibility of introducing into the public school system curriculum instruction in the environment and natural resources and appropriating funds for said study.
Referred to Committee on Education.
By Senators Rauch and Coggins: S. B. 83, a bill to amend General Statutes 20-179 relating to punishment for driving while under the in- fluence of intoxicating liquor or narcotic drugs to mandatorily require, upon conviction, active sentences of imprisonment for not less than five days and allowing the trial judge to specify the dates and days to be served.
Referred to Committee on Highway Safety.
SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES
The following message is received from the House of Representatives:
House of Representatives, Tuesday, February 11, 1969.
Mr. President :
It is ordered that a message be sent your Honorable Body with the information that pursuant to S. R. 80, "A Joint Resolution inviting His Excellency, the Governor, to address a Joint Session of the Senate and House of Representatives at 12:30 p.m., Wednesday, February 12, 1969." The Speaker has appointed on the part of the House of Representatives to serve with a like Committee of the Senate, Messrs. Church, Carson, Collins and Ridenour.
Respectfully,
Jo Ann Smith, Principal Clerk
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter 413 of 1963 Session Laws, relating to the Town of Morganton Board of Alcoholic Beverage Control, so as to increase the share of net profits allocable to finding alcoholism causes and cures and to broaden scope of activities authorized therefor and for other purposes.
Upon motion of Senator Currie the Committee Substitute is adopted.
Upon motion of Senator Allen, the Senate adjourns to meet tomorrow at 12 M.
1969] SENATE JOURNAL 71
TWENTY-FIFTH DAY
Senate Chamber, Wednesday, February 12, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Norris L. Fellows, Pastor of Northgate Presbyterian Church, Durham.
Senator McGeachy for the Committee on Rules and Operation of the Senate announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
enrolled bills
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 105, a joint resolution honoring the memory of Benjamin Eagles Fountain, former legislator.
S. J. R. 81, a joint resolution commemorating the life and memory of S. Ray Byerly.
REPORTS of COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their place on the Calendar, as follows:
By Senator J. White of Cleveland, for the Committee on Loval Govern- ment:
H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487 of the Session Laws of 1967, to fix the organization meeting of the city council, with a favorable report.
H. B. 56, a bill to make the eight year statute of limitations on ad valorem tax refunds contained in General Statutes 105-405.1 applicable in Cumberland County and Fayetteville by repealing Chapter 676 of the Session Laws of 1959, with a favorable report.
H. B. 76, a bill amending General Statutes 47-17.1 so as to require that certain papers and documents registered in Pitt County show thereon the name of the draftsman, with a favorable report.
S. B. 30, a bill granting ordinance-making authority to counties, with an unfavorable report as to bill, favorable report as to Committee substitute bill.
Upon motion of Senator J. White of Cleveland, the bill is placed upon today's Calendar.
By Senator Edwards, for the Committee on Insurance:
S. B. 42, a bill to amend General Statutes 20-279.21 relating to motor vehicle liability policies so as to provide that default judgments taken against insureds shall not be used as a basis for judgment against an
72 SENATE JOURNAL [Session
insurer unless such insurer has had reasonable notice of the pendency of suit against its insured and an opportunity to defend, with a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senator Allsbrook: S. J. R. 84, a joint resolution creating the Com- mission on Reorganization of State Government.
Referred to Committee on State Government.
By Senators Allsbrook and Edwards: S. B. 85, a bill to amend the motor vehicles law with regard to notation of security interests on titles so as to conform to the uniform commercial code.
Referred to Committee on Judiciary No. 1.
By Senator James: S. B. 86, a bill to increase and fix tuition fees for nonresident students in certain state institutions of higher education.
Referred to Committee on Higher Education.
By Senator James: S. B. 87, a bill to amend General Statutes 160-181.2 so as to include the city of Hamlet in the extraterritorial jurisdiction for zoning purposes.
Referred to Committee on Local Government.
By Senator Folger: S. B. 88, a bill to authorize the qualified voters of the town of Mount Airy to determine whether or not alcoholic beverage control stores shall be established in said town and to prescribe the disposition of the net profits thereof.
Referred to Committee on Alcoholic Beverage Control.
By Senator Staton: S. B. 89, a bill to amend Chapter 614, Session Laws of 1965, and General Statutes 153-9(17) relating to notice of closing of streets in the city of Sanford.
Referred to Committee on Local Government.
By Senators Bailey and Coggins: S. B. 90, a bill to amend Chapter 989, Session Laws of 1967, to clarify election procedures in annexed areas.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter 413 of 1963 Session Laws, relating to the Town of Morganton Board of Alcoholic Beverage Control, so as to increase the share of net profits allocable to finding alcoholism causes and cures and to broaden scope of activities authorized therefor and for other purposes.
Passes its second and third readings and is ordered sent to the House of Representatives.
S. B. 30, a bill granting ordinance-making authority to counties.
Upon motion of Senator J. White of Cleveland, the Committee Substitute is adopted, and the bill remains upon the Calendar.
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S. B. 34, a bill to amend various sections of the General Statutes to take into account the existence of the Court of Appeals.
Upon motion of Senator Bailey, the amendment offered by the Com- mittee is adopted.
The bill, as amended, passes its second and third readings and is ordered engrossed and sent to the House of Representatives.
S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 14-134.1 so as to increase penalty for violations.
Upon motion of Senator MacLean, the bill is re-referred to the Com- mittee on Judiciary No. 2.
S. B. 75, a bill to permit written declarations in lieu of oaths before an officer.
Upon motion of Senator Boger, the amendment offered by the Committee is adopted.
The bill, as amended, passes its second and third readings and is ordered engrossed and sent to the House of Representatives.
SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES
The following message is received from the House of Representatives:
House of Representatives, February 12, 1969. Mr. President :
It is ordered that a message be sent your Honorable Body with the information that pursuant to S. R. 80, "A Joint Resolution inviting His Excellency, the Governor, to address a Joint Session of the Senate and House of Representatives at 12:30 P.M., February 12, 1969," the House of Representatives stands ready to receive the Senate in Joint Session at the hour appointed.
Respectfully,
Jo Ann Smith, Principal Clerk
Upon motion of Senator McGeachy, the Senate recesses to meet in Joint Session with the House of Representatives for the purpose of receiving the Governor's Budget Message, and upon his motion upon dissolution of the Joint Session, the Senate stands adjourned to meet tomorrow at 12 M.
JOINT SESSION
The Senate is received by the members of the House of Representatives standing, and the Joint Session is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
The President recognizes Senator Harrington, who presents His Ex- cellency, Governor Robert W. Scott, who delivers the following address:
Mr. President, Mr. Speaker, Members of the General Assembly of North Carolina :
The Executive Budget Act requires the Governor of North Carolina to come before the General Assembly to present a recommended budget for the coming biennium.
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The proposed budget must, by law, be balanced with respect to income and expenditures. This requirement is wise and it has saved us many headaches and helped us to avoid many pitfalls. It has been a big factor in maintaining fiscal responsibility. It has enabled us to enjoy the highest credit rating available to state governments, something that few other states can claim. The "balanced budget" requirement of our law must not be altered.
I appear before you today to report that the government of North Carolina is financially sound in every respect. Revenues have exceeded expenditures during the past eighteen months. Careful budgeting by the 1967 General Assembly and prudent spending during the current biennium will enable us to anticipate a credit general fund balance on June 30, 1969 of approximately $127,431,000.
It should be stated clearly that this is not a surplus. The sum represents receipts over expenditures and reversion of unexpended appropriated funds. It will be carried forward into the coming biennium and has already been included in the construction of the recommended budget.
On your desks when this General Assembly convened you found four budget documents: the "A" Budget, representing the money needed to maintain current programs at their present level of operation; the "B" Budget, representing the requests and recommendations to improve and expand current programs and to establish new programs; the "C" Budget, representing requests and recommendations for specific capital improve- ments; and the Budget Summary, which also contains the budget state- ments.
The budget recommendations presented to you on January 15 are those of the administration of my predecessor, Governor Moore. It was compiled by the Advisory Budget Commission after many hours of hearing testimony by state agencies and visits to state institutions and facilities throughout North Carolina. A tremendous amount of time and effort by the Advisory Budget Commission, the Budget Division staff, the previous Director of Administration and administrators of state agencies have gone into the making of that budget and I commend them for it.
The budget process in North Carolina is cumbersome and slow, but I doubt that there is a state budget anywhere that is more carefully scrutinized and analyzed than ours. The taxpayer of North Carolina can rightfully feel that their tax dollar is very carefully weighed before being appropriated.
I commend the "A" budget to you and recommend its adoption.
The General Fund "B" budget requests totaled more than $523,910,452 as state agencies sought money to expand present programs or to initiate new ones.
The recommendations found in the "B" budget, however, totaled only $173,444,097. This was a great disappointment to many. But the recom- mendations represented the best judgment of the previous administrations in appropriating the estimated available funds, including the anticipated general fund credit balance of $127,431,000.
I have examined carefully this proposed "B" budget. Department heads have talked with me and my staff of their needs.
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I have received much correspondence from citizens who have expressed concern for certain items which were not included.
After careful review, I conclude that the recommendations found in the "B" budget can be justified and are very much needed. Therefore, I commend those recommendations to you and urge their adoption.
But I find that additional appropriations are essential to the progress of our State.
We cannot turn our backs on the times, nor can we simply mark time and allow the measure of our advance to slip away from us. Most important of all, however, we cannot forfeit our future.
We must indeed make a greater investment in that future; first, by as- suring good health, both physical and mental, for all our people and especially for our children.
Second, we must provide a greater economy potential for our people, especially the young who are potential dropouts rather than self-supporting citizens. And third, we need to give great help to our communities so they may go forward in peace and harmony.
To this end I am asking that expanded programs in mental health be initiated, that a rejuvenated vocational education program be provided in the middle grades in our schools; that a Department of Community Affairs be created to give assistance to community development; and that our Good Neighbor Council be enlarged and given sufficient funds in prospective programs in human relations.
I will have more to say about these and other programs later in this message, because these are steps that must be taken to protect our invest- ment in the future of North Carolina.
CAPITAL IMPROVEMENTS
The general fund "C" budget, often called the "bricks and mortar" budget, recommends that a total $55,957,082 be allocated for capital ex- penditures. This does not, of course, meet nearly all the needs of our State which is growing rapidly. Again, however, it represents the best judgment for the wise use of available funds by the previous administration. I recommend the adoption of the "C" budget recommendations.
The total requests from all sources by all agencies for capital improve- ments is $400,005,999. The "C" budget recommends an appropriation from all funds of $89,636,082, leaving a balance of unmet needs of $310,369,917.
We cannot realistically meet all of these needs, even with a capital improvements bond issue.
As much as I would like to get on with the building of many new facilities for our educational institutions, mental hospitals and other needed service agencies, I do not recommend a capital improvements bond issue at this time.
The current bond market and interest rates present a very difficult situation for a new bond issue. Interest rates have reached all-time peaks for the past fifty years and are currently holding at that level. The cost to the State for a bond issue would likely be the highest in our history. Hopefully, interest rates will not exceed their present level and, before the
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next General Assembly meets, will recede somewhat. Perhaps a bond issue can be considered at that time.
You will recall that the General Assembly of 1967 appropriated in excess of $110 million from the general fund for capital improvements which did not include over 75 million dollars from self-liquidating, federal and other funds. Much of this construction is still going on and the buildings are yet to be used. Further, I am convinced that many of our institutions of higher education can make more efficient use of their classroom space.
I do ask, however, that you add to the "C" budget from the general fund the sum of $2,500,000 for capital improvements. This money would be used to provide buildings and equipment to treat mentally retarded infants, house the School of Allied Health Professions at East Carolina University and a livestock and poultry disease diagnostic laboratory.
There are many more capital improvements which are very much needed and which can be justified, but I do not feel that these can be funded from general fund revenues. The pressing needs of our colleges and universities, the medical school at Chapel Hill, our mental institutions, prison system, parks and all the others can only be met by a capital improvements bond issue which, in all honesty and with great reluctance, I cannot recommend at this time.
I return now to a consideration of the "B" budget — the budget that pro- vides for new programs and the improvement of current programs.
The thrust of my administration will be to look to the future and prepare for it. This will require sharp emphasis upon comprehensive long-range planning. It will require efforts now to assist local governments in finding ways to meet their increasing complex problems.
The core of this program will be a new department of state government to provide expanded service to local governments. It is not intended to be a regulatory agency but one that will assist our counties and towns, particu- larly the smaller ones without the needed staff or budget, to plan for the future and to get the maximum benefit from the multitude of federal funds available.
The nucleus of this department already exists in our state government. By the pulling together into one department those programs already existing, there will be a net reduction in the number of separate agencies, something that is to be highly desired.
I consider the establishment of this Department of Local Affairs to be a high priority item.
I recommend that state employees under the State Personnel Act be given an average 10 percent salary increase on a graduated scale, with those in the lower salary range receiving a greater percentage than those in the higher range. To me, the "across the board" principle is not always equitable.
Comparable salary increases should also go to those not under the State Personnel Act, such as school bus mechanics, extension service secretaries, etc.
Much has been said about bringing teacher salaries up to the national average. That is my goal. But it cannot be accomplished entirely during
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this biennium. Instead, the goal of a national average for our teachers must come in two steps, one in this biennium and one in the next.
The current "B" budget recommends a salary increase of 5% in 1969 and another 5% in 1970. I am recommending that this figure be doubled to ten and ten. This will require $50,633,565 over and above that presently recommended. I believe that is all the State can afford at the moment.
We must remember that it is exceedingly difficult for us to pay the national average for our professional educational people when our citizens, who must foot the bill, do not have anywhere near the national average personal income from which to pay taxes.
Further, when we speak of increasing educational salaries, we are talking about almost 45 percent of the General Fund budget for teachers alone.
Nevertheless, we must reach the goal during this administration. This recommended increase will bring it within our grasp two years hence.
While we are on this subject of teacher salaries, I suggest that when we reach the national average figure, that there be a method devised to pay an educator according to his worth. Many are better than average. Others are below. It doesn't seem equitable that they all be paid the same. The better teachers are penalized and the poor ones are subsidized and the child in the classroom is the victim of the system.
I am recommending a salary increase of eight percent the first year and an additional eight percent the second year of the biennium for faculty salary increases at our institutions of higher learning. This will cost about $7,500,000 in addition to the present recommendations for this group of employees.
For faculty salary increases in our community college system, I am recommending eight percent the first year and eight percent the second year of the biennium, which will cost over $3,000,000 beyond the "B" budget recommendations.
I feel it is only fair to provide school bus transportation for children who live in urban areas just as we have had for rural students for many years. All parents, regardless of where they live, pay the cost of our school transportation system.
Further, I believe it is imperative that we provide school bus trans- portation for special education systems — those who must travel to another school to attend classes for the emotionally disturbed, the educable mentally retarded and the physically handicapped.
Therefore, I am recommending that $3,298,552 be appropriated for urban student school transportation and an additional $735,847 be appropriated to provide school bus transportation for handicapped children.
School dropouts continue to be a serious problem in our educational pro- gram. It is a definite factor in our low per capita income. Somehow we must find the means to interest our children in continuing their education.
A comprehensive program of occupational education for children in the middle grades will be a giant step toward reducing the school dropout problem. Adding more teachers to already existing vocational programs will not solve this problem. We cannot implement this program all at once,
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but we can begin. A workable course of study and plans to implement it are presently underway in the Department of Public Instruction.
Therefore, I recommend that the sum of $4,000,000 be set aside in a reserve fund to be held in the Budget Division to be released to the De- partment of Public Instruction when the plan is ready to implement.
I further urge that the State Board of Education re-examine the entire vocational education program to this end that our students may be offered a wider variety of opportunities in this area. I am concerned that the student receives vocational training, industrial training and occupation guidance in keeping with a modern North Carolina and that we prepare him for life in his future rather than in our present.
Expanded programs for retarded children and mental health generally will require about $2,310,000 additional appropriations.
A major need in North Carolina today is to strengthen the hand of our law enforcement agencies. This can be done to some extent by tightening up and clarifying the criminal laws in our State.
With a growing population, however, and the increased incidence of crime, especially the use of drugs among our young people, it is urgent that we provide better equipment and more manpower for our law enforcement agencies.
To improve our efforts in law and justice in North Carolina, I am recommending that $3,025,000 be appropriated in this general area. These funds will be used primarily to implement the Police Information Network (PIN) linking all of our law enforcement agencies together, and more manpower and better equipment for the State Bureau of Investigation.
The Governor's Coordinating Council on the Aging has completed a comprehensive study on the problems and needs of our elder citizens in North Carolina. I commend this report to you.
Inasmuch as the state provides no benefits to senior citizens in the low income brackets, those who need assistance the most, I am recommending that a tax refund of $25.00 be given to all persons 65 years of age or older who have income of less than $3,000 annually. This program will result in a loss to the general fund of $16,000,000 for the biennium.
There are many single people today who cannot qualify for a head of household exemption, but who are maintaining a house or apartment for themselves. This is an inequitable tax. I recommend, therefore, that single people be granted state income tax exemptions equal to those presently receiving the $2,000 exemptions. This will result in a net loss from the general fund for the biennium of $5,000,000.
Other additions to the "B" budget recommendations that I propose in- clude funds to upgrade and strengthen the Good Neighbor Council, provide a beginning for a State zoo, funds to match anticipated Federal grants in the new area of marine sciences and for soil and water conservation pro- grams. This will call for $3,515,000 additional money.
The additions to the "B" budget that I have recommended add up to slightly over $92,000,000.
Add to this the $21,000,000 loss in general fund revenue from tax relief recommendations and the $2,500,000 for capital improvements, and we have
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the grand total of $115,865,665 in additional revenues needed for our General Fund.
An additional $5,000,000 will be required from the highway fund to meet the salary increases proposed for state employees generally, but whose salary comes from highway revenues.
TAX RECOMMENDATIONS
I recommend to this General Assembly that the money to implement my recommendations to you be provided from the following sources. All figures are for the biennium.
An additional 10 percent tax on liquor which will yield $26,000,000.
An increase in the tax rate on beer by 1.5 cents per bottle over six ounces but less than 12 ounces and equivalent rates on other quantities with the State to retain all additional revenue. This will yield $15,000,000.
A tax on cigarettes at the rate of five cents per package of twenty will yield $50,000,000.
A tax on cigars of two cents each will yield $7,000,000.
An increase of one-half of one percent in all rates on insurance premiums will yield $10,000,000.
An increase in the sales tax on motor vehicles, boats and locomotives from the present 1.5 percent to 2 percent with the maximum remaining at $120 will yield $8,500,000.
An increase in bank excise tax rates from the present 4.5 percent to 6 percent will yield $1,000,000.
An increase by one-fourth in the rates at which Building and Loan Associations are taxed will yield $1,000,000.
These recommended sources and rates will provide $118,500,000 for the General Fund.
The enactment of these recommendations will meet my recommended additional General Fund expenditures and provide a cushion of over $2,500,000.
HIGHWAY FUND
We must have more money for road construction and maintenance. Costs for both maintenance and new construction have risen sharply, at a far greater rate than our highway revenues. In addition, the increasing oper- ating costs of the Department of Motor Vehicles, including the adding of highway patrolmen, continues to drain away funds that most people believe are available for roads.
Most of the requests, verbally and by mail, coming to my office are pleas from our citizens to improve our roads, both primary and secondary.
A thorough study by a commission named by Governor Moore reveals that under our present system of financing highway costs, there will be no money left from state funds for new construction by 1974.
I repeat, we must have money for roads.
Therefore, I strongly recommend that motor fuel taxes be increased by two cents per gallon and that license taxes on automobiles, trucks and other vehicles be increased by one-fourth.
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The motor fuel tax will provide $88,000,000 and the increase in license fees will yield $21,000,000 for a total income to the Highway Fund of $109,000,000 for the biennium.
I point out that this figure would yield more funds for the highway de- partment during my administration than the $200 million secondary road bond issue passed during my father's administration. Of course, it will not go nearly as far because of inflation, higher engineering requirements and also, these funds will not be earmarked for secondary roads alone.
Now, let me comment with respect to my recommendations for a tax on cigarettes.
First of all, I would not have recommended a cigarette tax if I had any reason to believe that such action would hurt the tobacco warehouse- man or the tobacco manufacturer, and especially the tobacco grower.
It will not, and anyone who thinks it through knows it will not.
First of all, we are talking about only two percent of the flu-cured tobacco grown in North Carolina.
This amount is sold in the State, whereas 98 percent of the crop is sold elsewhere and is already taxed.
A five cent tax on two percent of the crop is not going to affect sales.
Tobacco prices are supported by the Federal Government. There is a floor underneath tobacco prices, so they will not be reduced and the farmer will not be hurt.
I honestly feel that our failure to levy a cigarette tax has hurt our relations with other states and particularly with Congressmen and Senators from other states.
We must remember it is these people who have the power to destroy the tobacco price support program and impose restrictions on the ad- vertising of cigarettes.
Such action at the Federal level would seriously harm the tobacco in- dustry and directly reduce income to tobacco growers, warehousemen and manufacturers.
My friends in the tobacco industry, and there are many, would be best advised, in my honest opinion, to concentrate their energies in Congress to save the price-support program and prevent the band of cigarette advertising, which is clearly a very real danger in this session of Congress.
My only regret in recommending a cigarette tax to this distinguished Body is that when I campaigned for this office, I said I was opposed to such a tax.
But I also stated that if it became necessary to meet the essential needs of our State, then I would seek the necessary revenue.
It has been said that when confronted with the facts, "a wise man will change his mind, but a fool never changes his."
Since assuming my responsibilities as Governor, I have been confronted with facts — facts supporting the overwhelming needs of our State, not nearly all of which can be met even if we levied a tax of ten cents per pack.
So I make this recommendation with no apology, but only with ex- planation.
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I am man enough to stand before you to say I have found it necessary to change my earlier opinion.
My responsibility to the entire state transcends the desire to assist an industry.
Finally, I believe it is time to destroy the myth that tobacco is king in North Carolina.
Income from livestock and poultry already exceeds that of tobacco.
True, it is very important to our economy and will be for as long as man wants to enjoy a smoke. But tobacco must not dominate our thinking to the detriment of our progress.
Now I would like to comment on the sharing of state collected revenue with local governments, specifically the sales tax.
I am opposed to the State collecting an additional sales tax, which now includes food, and giving it back to local governments to spend.
Many local governments do need financial assistance. Some do not.
I feel strongly that every local government should first utilize their existing revenue sources before turning to the State for more unrestricted funds. I am not convinced that the majority of our local governments have made full use of their available resources.
Further, in many cases, more efficient use of the local government tax dollar can be achieved by consolidating county and city governments, con- solidating school administrative units and the sharing of services among counties.
Many counties have glaring exemptions or inequities in their ad valorem tax structure.
I caution you, the members of this General Assembly, to protect from further erosion the revenue sources available to the State.
You must provide future administrations with the means of financing the expanding needs of a growing State.
It is poor business to erode the tax sources of the State, knowing full well that the demand for state services will increase in the immediate future.
There is every reason to believe that the pressure for revenue will be just as great or greater on future General Assemblies as it is upon us here today.
Let me remind you, too, that the State of North Carolina already pro- vides many services and much money for local government.
The State constructs and maintains all roads and streets except those streets not on the state highway system.
Many of the major city thoroughfares are on this system. In addition, incorporated municipalities receive Powell Bill funds to aid in street im- provements and construction.
Most people believe the State receives the intangible tax, and we are constantly urged to eliminate this tax, but this 17 million dollars goes back to local government with only a small service charge for the actual cost of collection.
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On July 1, 1969 the municipal share of the utilities franchise tax will increase from the present three-fourths of one percent to two percent.
This will be one-third of the total 6 percent that the State levies. This means that 4 million, 950 thousand dollars will go back to municipalities in the first year of the upcoming biennium.
On July 1, 1970, the municipal share of this tax will go to 3 percent or one-half of the State's levy of 6 percent.
Thus, in the second year of the biennium 9 million, 650 thousand dollars will be returned to local governments — money that once would have been available to the State.
The State pays educational personnel admittedly not enough, but we provide the base. We provide the school buses and pay the drivers.
Many small towns receive technical services such as planning assistance.
The Local Government Commission and the Institute of Government render great service to local governments.
All these services and more are being provided already by the State and my proposed Department of Local Affairs will give even greater assistance.
So, do not labor under the illusion that the State does not assist local governments, because it does in many ways.
I have stated many times that local governments must be strengthened. I still hold that view.
But they can be strengthened best by changes in the law to allow more home rule, consolidation of services, merging of governmental units, broader local taxing powers, and more technical and long-range planning assistance by the State.
Government cannot sit off in a special place — untouched, unscarred by the rising cost before us in our daily lives. It cannot command such an isolated position. We must meet its demands, just as we rise to meet the demands in our personal lives. We must respond realistically to govern- ment's potential. When we do, we are responding to the people.
For us not to take our place in what our State must do, we would be negligent in meeting the responsibilities that the people have placed in us. In turn, I want to do what I can to make our State more responsive to the evident needs of our people — needs which can be met in the frame- work of reasonable thought and action.
I believe you feel the same way. I have strong confidence that the people will recognize our good intent, our mission, and our goals in the cooperative and constructive spirit that has marked our State in the past.
As Governor, I welcome reaction of our people to what I have proposed; for what we are doing must always be viewed to be in the public's interest.
And as I seek this public expression, I only ask that the people look constructively and devotedly to our State. I ask them and you to consider what our State is now, what it should be and what it can be if we face our problems and show courage and corrective efforts in doing our best for those who look to us to do our best — meaning all the people of our State.
This budget, then, is open for appraisal by you and by the people. In turn, I can see that if all of us face it and deal with it and make our decisions through it, North Carolina certainly will be served well.
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I am sure you know that I would not assume to tell you what to do or where to levy taxes that will produce the additional money needed to render these vital services to the people.
I have mentioned several sources and types of tax levies. These I recommend as a result of careful and thoughtful study; these are sug- gested by me for your consideration along with other sources and types which you may wish to consider.
The decision as to where the money comes from is your decision. Your best judgment will be acceptable to me. I urge you to levy such taxes as in your judgment will be fair, reasonable, and sufficient to provide for the urgent needs of the people of our State. I earnestly make these recom- mendations and suggestions to you, and they are made without reservation.
I close with a quote from the famed jurist and poet, Oliver Wendell Holmes: "I find the great thing in the world is not so much where we stand as in what direction we are moving. To reach the port — we must sail sometimes with the wind and sometimes against it; but we must sail and not drift nor lie at anchor."
Upon motion of Senator McGeachy, the Joint Session is dissolved, and pursuant to his motion heretofore made the Senate stands adjourned to meet tomorrow at 12 M.
TWENTY-SIXTH DAY
Senate Chamber, Thursday, February 13, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.
Senator McGeachy for the Committee on Rules and Operation of the Senate announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senators Allsbrook and V. White of Pitt, the President extends the courtesies of the galleries to the Honorable Leonidus Hux, Chairman of the Halifax County Democratic Executive Committee, and other distinguished citizens of Halifax County, including Messrs. James Twisdale, P. C. Milliken and Milton Read.
Upon motion of Senator Penn, the President extends the courtesies of the galleries to the Honorable and Mrs. Russell Newman of Reidsville. Mr. Newman is President of the North Carolina Association of County Commissioners.
The President extends the courtesies of the galleries to Captain Norman Sawvag, Assistant Professor, Air R.O.T.C, at the University of North Carolina at Chapel Hill, and to Messrs. Maurice Stocks and Ronald Payne accompanying him.
The President recognizes Senator Dent who presents David Lawrence Putnam of Asheville, who was elected Outstanding Boy Scout of the Year by the twelve Boy Scout councils of North Carolina.
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The President appoints Senator Dent to escort David to the well of the Senate where he delivers a short address.
REPORTS OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their titles, together with the reports accompanying them, and take their place on the Calendar, as follows:
By Senator J. White of Cleveland, for the Committee on Local Govern- ment:
S. B. 31, a bill authorizing the board of county commissioners of the several counties of the State to fix their compensation, with a favorable report, as amended.
By Senator Boger, for the Committee on Judiciary No. 2:
S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 14-134.1 so as to increase penalty for violations, with a favorable report, as amended.
S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance of joint bank accounts with right of survivorship, with a favorable report.
By Senator Wood, for the Committee on Highway Safety:
S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person temporarily residing outside North Carolina to renew an operator's license by mail, with a favorable report.
H. B. 32, a bill to modify the motor vehicle restrictions pertaining to passing at railroad intersections, with a favorable report.
By Senator Boger, for the Committee on Judiciary No. 2:
S. B. 78, a bill to correct certain errors in the General Statutes, with a favorable report, as amended.
By Senator Ellis, for the Committee on Judiciary No. 1:
H. B. 77, a bill amending General Statutes 30-15 so as to increase the year's allowance of a surviving spouse to two thousand dollars, with a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as follows:
By Senators Edwards, Moore, McGeachy and Rauch: S. B. 91, a bill to amend Chapter 115 of the General Statutes relating to the transportation of pupils residing within a municipality assigned to public schools within the same municipality and to make appropriations therefor.
Referred to Committee on Appropriations.
By Senator West: S. B. 92, a bill to provide compensation for the mem- bers of the county board of commissioners of Jackson County.
Referred to Committee on Local Government.
By Senator James: S. B. 93, a bill to provide for the closing of any establishment declared to be a public nuisance in Richmond County.
Referred to Committee on Local Government.
1969] SENATE JOURNAL 85
By Senators MacLean and Evans: S. B. 94, a bill to appropriate addi- tional funds to maintain, improve, stimulate, increase and expand local public library facilities and operations in the State of North Carolina.
Referred to Committee on Libraries.
By Senators Burney, Staton, Patterson, Reed, Robinson, Briggs, Sapp, J. White of Cleveland, Folger, Kirby, Bryan, Harrington, McGeachy, Edwards and Ellis: S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages recoverable for death by wrongful act.
Referred to Committee on Judiciary No. 2.
By Senator MacLean: S. B. 96, a bill appropriating funds to the North Carolina Department of Agriculture to eradicate and control the sweet potato weevil in North Carolina.
Referred to Committee on Agriculture.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES
A message is received from the House of Representatives, transmitting the following bills and resolutions, which are read the first time and disposed of, as follows:
S. B. 23, a bill to authorize joint appeals from the several boards of equalization and review to the State Board of Assessments, for concurrence in the House amendment.
Upon motion of Senator Ellis the Senate concurs in the House amendment and the bill is ordered enrolled.
H. B. 22, a bill to improve and provide public schools of a higher standard for the residents of Scotland Neck in Halifax County, to establish the Scotland Neck City Administrative Unit, to provide for the administra- tion of the public schools in said administrative unit, to levy a special tax for the public schools of said administrative unit, all of which shall be subject to the approval of the voters in a referendum or special election.
Referred to Committee on Finance.
H. B. 69, a bill to amend Chapter 160 of the General Statutes to provide that policemen and firemen who are non-residents may be employed.
Referred to Committee on Judiciary No. 1.
H. B. 96, a bill to amend Chapter 48 of the General Statutes to permit changing the name of an adopted person who is twenty-one or more years of age.
Referred to Committee on Judiciary No. 2.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
Committee Substitute for S. B. 30, a bill granting ordinance-making authority to counties.
Upon motion of Senator Bailey consideration of the bill is postponed until Thursday, February 20, 1969.
S. B. 42, a bill to amend General Statutes 20-279.21 relating to motor vehicle liability policies so as to provide that default judgments taken
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against insureds shall not be used as a basis for judgment against an insurer unless such insurer has had reasonable notice of the pendency of suit against its insured and an opportunity to defend.
Upon motion of Senator Ellis the Committee amendment is adopted.
The bill, as amended, passes its second and third readings and is ordered engrossed and sent to the House of Representatives.
H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487 of the Session Laws of 1967, to fix the organization meeting of the city council.
Passes its second and third readings and is ordered enrolled.
H. B. 56, a bill to make the eight year Statute of Limitations on ad valorem tax refunds contained in General Statutes 105-405.1 applicable in Cumberland County and Fayetteville by repealing Chapter 676 of the Session Laws of 1959.
Passes its second and third readings and is ordered enrolled.
H. B. 76, a bill amending General Statutes 47-17.1 so as to require that certain papers and documents registered in Pitt County show thereon the name of the draftsman.
Passes its second and third readings and is ordered enrolled.
Upon motion of Senator Penn, the Senate adjourns to meet tomorrow morning at 10:00 o'clock.
TWENTY-SEVENTH DAY
Senate Chamber, Friday, February 14, 1969.
The Senate meets pursuant to adjournment, and is called to order by Lieutenant Governor H. Patrick Taylor, Jr.
Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the Senate.
Senator McGeachy for the Committee on Rules and Operation of the Senate announces that the Journal of yesterday has been examined and found to be correct, and upon his motion the reading of the Journal is dispensed with and it stands approved as written.
Upon motion of Senators Bailey and Coggins, the courtesies of the galleries are extended to a seventh grade class from Leroy Martin Junior High School, Raleigh, and to their teacher, Mrs. Ann Kennedy.
The President extends the courtesies of the galleries to Mrs. Vernon White, wife of the Senator from Pitt County.
The President grants leave of absence to Senator Flaherty for today.
enrolled bills
The Enrolling Clerk reports the following bills and resolutions properly enrolled, and they are duly ratified and sent to the office of the Secretary of