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House | June 4, 2015 | Committee Room | Loval Government

Full MP3 Audio File

I will can this leaving or the local government cleaning to order as I would like to recognized such as arms young they? There must demined we appreciate your visit. Today we appreciate how the judicial legislature and I would also like you to recognise our pages in a way that we can go Michael Cany has spoken more we console from wait tunnel spite more has spoken more. There are network from [xx] Tell us much than speak more [xx] are you sure I heard that is the correctly from Kiyuku Cani[sp] much by the representative pleasure The Appeary from way carry spite the representative Paul Stern and crucial ready from Kiyuku Cani[sp] the representative passive here some. The first on your  agenda senate bill 46 has been withdrawn at the request of the sponsor and we'll hear that on a later day. Next item on the agenda is for senate bill 139 title 10 is silver/packing ordinances, senator Davis is here to present the bill. Senator Davis the floor is yours to present your bill sir. for the opportunity and thank you ladies and gentlemen of the committee, my first bill senate bill 139 the town of silver packing ordinances they have a problem especially with employees with businesses downtown parking in the area where it should be reserved for tourists and this is just a way for them to enforce the packing ordinances that they already have. It enables them to put wheel locks on habitual offenders and I ask for your support and be glad to answer any questions that may Are there any questions or comments by any member of the committee, representative Floyd? There will be a time Mr. Chair, he's falling [xx] thoughts sir, representative Loebke. Thank you Mr. Chairman, just really quickly over here, I'm just looking at the bill, what's the definition of habitual?   Senator Davis. That would be somebody who has more than parking violation for what is it, period of 90 days. The use of rear axle is permitted for vehicle parked in a public, vehicle area for which there is one or more outstanding, unpaid and overdue parking ticket for a period of 90 days. Follow up? So for one parking ticket you get towed? Senator Davis They may do that, they are going to use discretion this is just a way to take care of these habitual offenders for the follow up this is just for the follow up. I think this is pretty  broadly drafted and it really ought to be a little timed up {xx} and then to be able to tow somebody on one unpaid ticket it just seems they are hush just like that, thank you. Do you like to speak on that Well this is at the request of town is over and again they want tourist coming to their town they just want to take care of these offenders, so I don't worry about them being taht would run people the tourist people that shop downtown away and that is not certainly their intention do you have a question to the committee by the members of the committee Representative local. Mr chair they say something that we do really need to do it at this level they cannot be handled at local blood sugar level senator Paris. That's correct and there are many other many other mistakes that use to mechanism to take care of these habitual offenders. Follow up?  It requires state legislation. Representative [xx]? Any other questions or comments to the member of committee, representative Floyd?   [xx] before last year had a similar one because we had 2000 and $300 in unpaid parking tickets, and then similar to this in order to prevent these individuals from just parking without worrying about paying the fines so that we all lawfully discouraged it in our downtown area and here when we look at the bill it says, I think it says, it's one or more outstanding unpaid, that's how I see it, one or more outstanding unpaid. Correct.

Alright sir, any other question or comments by any member of the committee? Hearing none, is their anyone from the public that would like to speak on the proposed bill, seeing none. Representative Pendleton I believe now is your appropriate time Alright there's a motion before us for a favor report to Senate Bill 139 in discussion before we vote? Hearing none all in favour say aye, all oppose say nay. Pass your announcement senator that will receive a favor report. Thank you Mr. Chairman the members next item on the agenda is senate bill 140 title Lake Santilat. Santilat, the last t is silent because [xx] tax authorization Senator Davis will be presenting the bill. Senator Davis the floor is yours to present the bill. Thank you Mr. Chairman, and members this is just a louse would allow Lake Santeetlah to have an [xx] tax of 3% it's within North Carolina and meets the North Carolina statutes and there is no opposition of the county or Gran county has no objective to this so I just ask. We are going to use is the money as outlined in state statute. Thank you sir, and there's a referral to the Finance Committee, Representative Warren. Just for appropriate time sir. Thank you sir, if you hold that phone are there any other question or comments by any member of the committee? Seeing none. Is there anyone from the pallor that would like to speak concerning the proposed bill, hearing none. Representative Warren. Thank you Mr. Chair, move to a favorable report for Senate Bill 140 with a referral of finance. Thank you sir that is a motion before us. Any discussion before we vote? Hearing none those in favor say aye? All oppose say no [XX] Thank you Mr. Chairman, and members appreciate your conduct. Thank you The next item in the agenda is senate bill 304 as a request of the bill sponsor Senator Jackson that will be pulled at a later day. The next item on the agenda is senate bill 142 I understand in terms of counting civic center commission I understand to represent the cycle will be presenting that bill on behalf of senator the in court, now the floor is yours to present the bill. Thank you Mr chair. This bill comes to us requested by the like county commissioners. What it does is that it reduces the civic center commission membership from 16 to nine. I hesitate to say that its simple, but I cant tell you that it doesn't affect any of the county. I can tell you that the county commissioners and spoilers everybody that who can sits on that commission is in support of this, there's no known oppositions to this bill. Are there any questions or comments by any member of the committee? Representative Floyd? at the appropriate time. Thank you sir, if you'll hold that thought. Any other comments or questions by any member of the committee? Hearing none, is anyone from the public that would like to speak on the proposed bill? Seeing none, I forgot who, Representative Floyd announce your appropriate time Sir.  I move for favorable report of House Bill 142, does it have a referral? No Sir, I'm not aware of a referral get straight to the floor. Any discussion before we vote? Hearing none, all in favor say aye. Aye, All opposed say no. The passage enact thank you representative Syco[sp], Thank you Mr. Chair, members of committee last item on the agenda is Senate Bill 682 entitled Modify Sunset regarding contingent audits. Representative Brody will be presenting the bill on that for senator Gunn and senator Clark, and it is a recurral[sp] to the Finance Committee, representative Bolak the floor is yours to present the bill. Thank you, Mr Chairman, and I would also say that this is a Senate bill, there was a house companion bill HB542 that was identical to the Senate bill myself and representative Socker were two of the sponsors. In 2012 legislation went into effect to prevent the North Carolina Department of Revenues, the Treasures office and local governments from doing contingencies fee audits of citizens. The way a contingency fee audit would work, third party company would come in, audit citizen records, issue a bill and then the the government would seek to enforce it. That was perceived as being somewhat of a conflict of interest because the power of the government was being invested in someone who had a financial interest in finding as many things to tax possible,  It sort of was a harkening back to the tax farming described in

the Old Testament which was why Matthew as a tax collector, was shown as the redemptive power of the new religion, that even a tax collector could be saved. This varies from contingency fees, such as attorneys were charged, where the attorney, is paid commensurate with what they do for the client who is the weak person, and needs the representation. After the bill, audits by third parties were still allowed on a per hour basis, or a fee basis, but not on a basis of how much tax liability they could discover. So that, you got a professional best interest like you would get with a CPA for example or a surveyor. There was a two year sunset put into the county city portion, this bill simply eliminates it sunset expiration date, and the current law will remain in effect going forward, audits have continued to be handled. I had both the metro mayors and the leguminous [XX] in my office for over an hour yesterday we had a lot to discuss of tax but it was about redistribution and of all the things that they are talking to me about this isn't even on the [xx] so Mr chairman and the appropriate time I would like to make a favorable report with report findings. Thank you, is there any member of the committee has any question or comment is there any one from the public that will like to speak concerning the proposed bill he has made a motion for favouring report that will report to various committee to [xx] discuss before we wind up on that motion [xx] say I say nei than you representative [xx] we hereby adjourn.