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Senate | May 29, 2013 | Committee Room | Finance

Full MP3 Audio File

First thing first, I'll introduce our pages. Thomas Mcbrayer. Senator Allran. Andrew Scott. Senator Nesbitt. Brian Clark. Senator Jenkins. Harrison Freelick. Senator Wade. Logan Brooks. Senator Soucek. Henry Disinclair I think i'm misprounce that. Senator Tarte. And Lily Turlington. Senator Jackson. Thanks very much. We hope your visit here at the general assembly is pleasant and if you have any questions any of the senators will be delighted to chat with you and any of the issues. We want you to be as knowledgeable and have as much fun as we can have here. Also we wouldn't operate efficiently as we would without our good sergeant at arms and we have ?? Sheryle, Ken Kirby, Hen Louis, And Donna Blake. Thanks folks, you've been very helpful to us as always. People of the audience, if there are folks that would like to speak on any of these bills there is a sign up sheet at the podium out there. You will need to sign up, it'll be for two minutes. That being said I am going to call house bill 710, Water Utility Recovery. Representative Hagar And members of the house when you hear the speak, would you please let us know who will cover this bill on the floor for you. So that we can be sure that it will be explained accordingly. Representative Hagar.[SPEAKER CHANGES] Mr Chairman. Will you also have them let us know when they'll be hearing our bills in the house.[SPEAKER CHANGES] We don't wait for an answer on that senator Apodaca.[SPEAKER CHANGES] May I address that. [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES] I will do all I can to help you guys out. [SPEAKER CHANGES] Alright so we have house bill, house bill 710. Go forward. [SPEAKER CHANGES] Thank you mr. Chairman. This bill is basically, the summary as exactly what the bill does. It allows the ?? committee to establish a mechanism for whats called a third party water and sewer utilities. Section 1 qualifies the existing practice of commission regarding the pastor of bulk increases. Section 2 provides incentives to accelerate the investment in improvement in water and sewer services. And thats pretty much what it does. Now it does have some mechanism protections and only allow certain percentage increase utilities commission on either side can either deny it or modify or improve the rate increase. It allows the water utility to make some improvements in whats called a secondary condition such as water quality water taste it if fully supported by utilities commission and public staff. With that mr chairman I'll take any questions or comments. [SPEAKER CHANGES] Members of the committee Do we have any questions for representative Hagar? I've got a motion for favorable report for house bill 710 from senator Apodaca. Any questions/comments? Seeing none all in favor please say aye. All opposed nay, the aye's have it. Who's gonna cover that bill for you representative Hagar? [SPEAKER CHANGES] I'm gonna talk to senator Newton. [SPEAKER CHANGES] Senator Newton. [SPEAKER CHANGES] Thank you [SPEAKER CHANGES] Thank you sir. Representative Howard, house bill 60, transfer of Indian cultural center property. I have a PCS. Good. I have a motion from senator Brock that PCS for house bill 60 being brought forward for discussion. All in favor please say aye. All opposed nay. Aye's have it. Representative Howard if you would be kind enough to share your thoughts. Microphone. [SPEAKER CHANGES] How's that? It's really a very simple bill. This bill came from the program evaluation division and the findings were that we would terminate two leases. One lease between the state and North Carolina Indian Cultural Center Inc. And for the Indian cultural center property. And the lease between the state of North Carolina and the Lumbee land development incorporated for the maintenance of riverside golf course. There's four parcel of lands there and I hope that you can identify them on the map. The bill recommends that the 386 acres which is parcel member 1 be sold. And parcel 2 3 and 4 be given to the Deener for river access and for parts. And that;s basically what the bill does Mr chairman. [SPEAKER CHANGES] Senator Apodaca. Question? [SPEAKER CHANGES] Yes if I may. This is...

continuation of what we did was it last year during the ?? of these problems[SPEAKER CHANGES]yes sir,it is[SPEAKER CHANGES]I think this is a good move I move in favor of a good report[SPEAKER CHANGES]okay[SPEAKER CHANGES]I think you're the finest woman in this building[SPEAKER CHANGES]you just like her cookie I am jealous actually Senator McKissick question[SPEAKER CHANGES]Thank you Senator Richfield, Representative Hall it's my understanding they're certain Native Americans groups or tribes that are in favor of this bill and there are others who oppose it perhaps you can shed a little light on that cause I know I got some calls last night and this morning saying they just found out that is was going to be on the calendar today and they were concern cause they wouldn't have a chance to get here now I really don't have a bone in this but at the same time if when I hear that their two different fractions and I'm not sure what all the depth, nature, and magnitude those concerns are my tendency is to want at least give them a chance to be heard[SPEAKER CHANGES]we have a couple of speakers on this Senator McKissick they be the ones that address those gross concerns to you[SPEAKER CHANGES]thank you Senator[SPEAKER CHANGES]Senator I think that the best of both worlds are here we entered into a non?? release with the Indian cultural center and unfortunately it has not develop to be like they had intended there is little or no maintenance there is no security there's no one really taking care of the property it has burned the copper has been removed it's in a real bad state right now however if you will look at the bill there's two options on sale in Lot number one the first option is to offer it to the Indian Lumbee Tribal Administration and if they are not able to purchase it or choose not to purchase it then in goes to public sale so we've tried to compromise the best we can with rather bad situation[SPEAKER CHANGES]quick follow-up[SPEAKER CHANGES]follow-up I notice that in the bill and I wasn't quite certain why it was structured that way are the Lumbees one of the groups that support the bill[SPEAKER CHANGES]depends on what member you want to talk to[SPEAKER CHANGES]I see[SPEAKER CHANGES]that's questionable there's seven tribes this was the Indian Cultural Center and it was a make up of seven various tribes and that was the focus, the vision and then some of those tribes and I think I'm saying this on the safe side some of those tribes don't necessarily get along well with some of the others then within the Lumbee group you have the same situation it's just not a good environment[SPEAKER CHANGES]last follow-up[SPEAKER CHANGES]last follow-up the Lumbee's did not exercise that option and it's pretty clearly spelled out with restrictive covenant (??:3:27-:3:30)appraisal will be done and I thought those were all thoughtful provisions[SPEAKER CHANGES]what do you consider a viable option that the Lumbee that another one of these groups [SPEAKER CHANGES]it's offered to the public so anyone can come in and buy it at that time thank you[SPEAKER CHANGES]thank you[SPEAKER CHANGES]??Senator Walters a question[SPEAKER CHANGES]Thank you Mr. Chair and I just want to thank Representative Howard for a job well done with the public evaluations and Senator Hartsell this property is located in the Robinson County which is in the heart of my district and there are fifty-five thousand Lumbee Indians in the Native American tribe I had a very extensive conversation with Chief Brooks on Thursday and the tribe is in support of this ??bill sixty Representative Howard has said in the past today it's in dis-repair you can't get on the property most of the time the gates are locked so it's not open to the public today my understanding does not have general liability insurance which violates the lease immediately we have exposure to the state and I like to see us move forward with

...well, I think it's a great direction to give the Lumbee tribe the opportunity to buy and then after that, it goes to the public after it's appraised. I think it's the best move that we can make with this property this time. [SPEAKER CHANGES] Thank you. Any additional questions from the committee? Seeing none, I'm going to ask, David Harris asked if he could speak on House Bill 60. Mr. Harris, please come to the podium. Identify yourself and you have two minutes. [SPEAKER CHANGES] Good afternoon, everybody. My name is David Harris, I'm an attorney in Durham. It's good to see you again, Representative Howard. I met you down in Maxton. I represent the North Carolina Indian Cultural Center Board. I come to you to speak against this bill. When you look back at the history, and I may add, too, because of the short notice for the committee hearing, there will be, my clients will be speaking rather than you all, rather than myself. You've received several e-mails from me, which attached to those e-mails were letters from chiefs and leaders of three other tribes, maybe four other tribes, in North Carolina who stated strong opposition to this bill. And the reason for that is that the center, when it was established and when the lease was set up in 1994, the cultural center was to celebrate the heritage of all American Indian tribes in North Carolina, not just one tribe. Now, it presupposed money would come in from private sources. One major private source fell through due to interference by one of the State agencies and you'll also note there's been two lawsuits. One of your bills was struck down by Judge Fox. An effort to actually replace the board by the Commissioner on Indian Affairs was struck down by an administrative law judge. And I have to ask the question to everyone, thank you, how can you comply with the terms of an agreement when the person you've entered into the contract with keeps getting in your way? Now, there are thousands of volunteers working, money being spent out of people's individual pockets, to make this property work. I urge you to go down there and see it for yourselves before voting. Thank you. [SPEAKER CHANGES] Thank you, Mr. Harris. I also have on House Bill 60 Reggie Holly. Mr. Holly, identify yourself, please. You might have to hold it down. [SPEAKER CHANGES] Can you hear me now? [SPEAKER CHANGES] Yes, sir. I can. [SPEAKER CHANGES] Thank you, Mr. Chairman. Manager at ?? all of the other leaders who've been engaged in this process. It's been an ongoing process. ?? evaluation committee has done decided whether the building be disposed of ?? gone down and visit to the site. What we have here today is a ?? lawful process. I speak on behalf of the Lumbee tribe as their ?? and they're trusting you today ?? encourage ??. [SPEAKER CHANGES] OK. Thank you. I have nobody else from the audience? Senator Walters? [SPEAKER CHANGES] May I ask a follow up question? [SPEAKER CHANGES] One follow up question. [SPEAKER CHANGES] To Senator Hartsell, if I may. [SPEAKER CHANGES] OK. [SPEAKER CHANGES] Senator Hartsell, I think you had the opportunity to go down and visit the Indian Cultural Center. Would you explain to us what you saw. The gentleman recommended that folks go down and visit. [SPEAKER CHANGES] First, I'll be glad to answer that note. First, the entire program evaluation committee and staff had an opportunity to go visit the site and did, in fact, visit the site as a group some time last fall. What you see is the result of some of that work that they did. I was not on that trip, but I separately, about two months ago, went to the site, met with the Lumbee Chief and went down to the site to take a look at it myself. I, in combination with the Lumbee Chief, could not get into the site. But what we could see was the site was in extraordinary disrepair even from the exit. It is incumbent on us...

Lillian reach a leased me a complicated process could lease to do something and this is an effort to do that in the command of the time taken by the ocean by an ocean today at the back of the family: IDC as of six D unable to the original until any additional comments and questions seem too, but this one, this chair defrauded this at a public bailout would require seven -272726 report showed that a context of the setup of the two sides any of us, (SPEAKER CHANGES) and that notion that he's a democrat from the DC is about 6:00 PM table the regional bell of the PCI half of those that I suspect was going to come together the full three became very good that such Heights and this is seven began two of them into the game and a friend of mine to destroy them opportunity like this, stress Belen that Cosmo 252 OK by Dashiell transfer would you be kind enough to explain that those ages 2 to 90 members of the senate committee on finance the skills rather straightforward buildup that goes into peals a bill that was adopted year 2009 of a rise in the city that shall take 5% of gross revenues generated by the public enterprise and republish those dollars for the sidewalk and street with a year as long as it's connected 28 on that line extension or wireline repair, essentially , the German missed him a lesson from table to four by seven got this message that , said discussion of age, Mississippi ,(SEAKER CHANGES) as a quick question as is to let chili vs. C and FOS fisher starting his second leave this in delegation that the general assembly representing ball today show listed as a clean this will be from this chance at it that the FBI acted more revealing the city that folded after that, I would say that they do not know this for people they cannot wait until the script so the city that followed a day, set CD requesting that they're not in ways that full of years with the ability to stand Monday that the delegation to join the geisha supports the section that would magically any additional questions I have a motion for family put 1-252 I also have someone speaking to students at it again if I sell fun house bill 252 decades that Mr. Objects or direction to sue national that has some assume authenticated as soon as four does not favor this bill of sale senate passes to win 2000 and that is,(SPEAKER CHANGES) will follow up to two extra pass to double sessions earlier , sold in two installments for a publisher bill said regulated of batter payments and Alisa say could charge for water pistol was enacted offset the fact that the say this was not allowed to charge residents outside the city more than a charge residents in the city and soul of this allow the city to do this for cinema today was to use 5% of our revenue funds in connection with work that had begun with streets and sidewalks in connection with more projects of the CSU System of the callers and economic development tools, there are obvious thing and then not be allowed to four and use this will hurt economic development in the area, also reckon, minus the committee of the house bill 488 which is passed this legislature earlier this session of takes the water system away from Ashland essentially you are a small farming areas that was the only distill the way of Manila and today is the alleged site that's impossible that the city of 40 inclusion of section two of this bill ??........

If you do pass it because that allows the city to complete the [??] road project which is very important for providing water and road access to the soccer complex there. Thank you Chairman [Speaker Changes] OK. Thank you very much. We have a motion from Senator Apodaca for favorable report on House bill 252. Any additional questions. Seeing None, All in favor Please say Aye. All Oppose No, Ayes have it. Rep Moppet who is going to handle it on the floor for you. Sorry, we couldn’t give a better senator. OK. On that house bill 545 modified Henderson county Occupancy Tax, Rep McGrady Welcome [Speaker Changes] Thank you Mr Chairman. This is a bill that simply repeals a 1% allocation to the Vagapon school of Drama, which is the flat Rock play house and makes a tactical change. We had an occupancy tax bill late year . This is a correction and a change in that and to my knowledge there is no opposition to the bill. [Speaker Changes] Alright I have got a favorable report from Senator Wade on House bill 545. Question from Senator Brown. [Speaker Changes] Yes Chair. How will the dollars be allocated now. The occupancy tax dollars. [Speaker Changes] There is a travel and tourism development authority that allocates the money. The county hasn’t actually bumped up to the 6%, it’s still down to 5%. [Speaker Changes] OK any additional questions. Senator Apodaca [Speaker Changes] Thank you Mr Chairman. Mr McGrady, your predecessor liked this bill. [Speaker Changes] I believe she has no opposition to this in this form [Speaker Changes] Follow up [Speaker Changes] Follow up [Speaker Changes] Will this make her happy. [Speaker Changes] I have not been able to keep Caroline Justice completely happy at all points in time. Nor have you. [Speaker Changes] It Should be the end of the conversation. Alright I have a favorable report for house bill 545 from Senator Wade modified Henderson County Occupancy tax. All in favor Please say Aye . Oppose No. Ayes got it. [Speaker Changes] Senator Apodaca will have this on the floor, despite his vote. [Speaker Changes] Excuse me Rep McGrady, who is going to handle that one for you? [Speaker Changes] Senator Apodaca despite his vote [Speaker Changes] Ok Alright. Now you have got House bill 671. Mills River [Speaker Changes] Thank you Mr Chairman . Mills River De-Annexation . This is a voluntary de-annexation Mills river is recently incorporated. [Speaker Changes] I have a motion from Senator Newton that we have a favorable report for House bill 671. Additional questions. Seeing none All in favor please say Aye . Oppose No. Ayes have it. Senator McGrady Excuse me Rep McGrady . Thank you very much. [Speaker Changes] Thank you [Speaker Changes] OK. Thanks for visiting us. Alright , we have Rep Turner. We are talking about House bill 32 increase years allowance. [Speaker Changes] Thank you Mr Chairman and members of the committee. Rep Hurley was held up in another meeting. So I am here in her stead. This is a simple bill House bill 32 to increase the years allowance in her states. As a former caucus of your court we do have some people that call in and say , they want their state to pay them their years allowance. But that‘s not what this is about. There is no money from the state involved. This is when a spouse passes away, then the remaining spouse can claim $30,000 rather than $20,000 protected that usually in these days that sometime means a car. [Speaker Changes] Rep Turner we have a favorable report for House bill 32 from Senator McKissick. Any additional comments or questions. Yes Senator. [Speaker Changes] Thank you Mr Chair. I am curious were there summaries or you did not want to increase the children’s or dependent’s support from 5 up or was there summaries that were focused here. [Speaker Changes] Mr Chairman [Speaker Changes] Yes Madam, Please Answer the Question [Speaker Changes] Generally it’s the spouse who has difficulty handling managing their assets up to that limit and the children limit seems to be a generous amount. [Speaker Changes] Senator Barringher. Is that OK. All right.

No additional questions, do we have motion for the report, all in favor please say ‘aye’. [SPEAKER CHANGE] “Aye”. [SPEAKER CHANGE] All opposed ‘ne’. The “Ayes” have it. [INAUDIBLE BACKGROUND TALK] Alright we do have House Bill 449 Representative Starnes welcome. It’s always a please to see you Representative. [LAUGHTER IN BACKGROUND] Ok we have House Bill 449 State contracts, please share your knowledge with us. [SPEAKER CHANGE] Thank you Mr. Chairman, ladies and gentlemen of the committee. House Bill 449 is an attempt to assist our State’s furniture manufacturers by making it easier for them to sell furniture right here at home in the State of North Carolina. Despite the competition of off-shore manufacturers we still have a healthy and thriving furniture industry that employs thousands of North Carolinians. Manufacturers are constantly looking for new markets in which to sell their furniture. The State of North Carolina is a major market for institutional and office furniture. We purchase millions of dollars of furniture every year. Sadly, many of our manufacturers are missing out on the opportunity to bid for state contracts because of difficulty in having their products placed on the QPL or Qualified ??? [SPEAKER CHANGE] Senator Cook, you have a question or comment? [SPEAKER CHANGE] Yes I do, I move for a favorable report [SPEAKER CHANGE] We have a favorable report from Senator Cook on House Bill 449. [SPEAKER CHANGE] Mr. Chairman, I think I’ve seen Representative Starnes before two Senator Committees today I just…reaching out really seems to be helping him and working well with our colleagues in the other chamber. [SPEAKER CHANGE] Alright we have a favorable report for House Bill 449 state contacts, furniture from Senator Cook. Any additional comments or questions? Seeing none, all in favor please say ‘aye’. [SPEAKER CHANGE] “Aye”. [SPEAKER CHANGE] All opposed ‘ne’. Aye’s have it. Representative Starnes who would you like to…[SPEAKER CHANGE] Senator Soucek will handle this. [SPEAKER CHANGE] Very good. [SPEAKER CHANGE] Thank you. [SPEAKER CHANGE] Alight, you have a nice day. And I’m sure we have another Senate Committee for you this afternoon. Alright, I think this is our last bill of the day, House Bill 788, Representative Catlin, and we have Water Sewer Authority rate flexibility. [SPEAKER CHANGE] Thank you Mr. Chairman and my senate friends. This is a bill to allow public utility authorities the flexibility for water resource protection and mitigation. Basically during the winter time when there’s excess flow capacity, one of the benefits here is that they can use the water for aquifer storage to prevent saltwater intrusion and they can also use it for surficial storage for aquifer recharge it is not a local bill but it does have a significant impact on ??? County. Long term our river allocations are decreasing so this would give us the flexibility to protect the weather resources and store excess water during the low flow season to protect those resources and water is going to be our new gold so I’d appreciate your support. [SPEAKER CHANGE] Mr. Chairman move to…oh, Senator Brown has motion for favorable report on House Bill 788, water sewer authority rate flexibility. Any comments, questions? Seeing none all in favor please say ‘aye’. [SPEAKER CHANGE] “Aye”. [SPEAKER CHANGE] All opposed ‘ne’. Aye’s have it. Representative Catlin who would you like to run that bill for you? [SPEAKER CHANGE] I’ve asked my senator, Senator Goolsby to handle this. [SPEAKER CHANGE] Alright, members of the committee we’ve gone through our work today I thought very well. Thank you for your attention. We will have a meeting tomorrow morning at Senate Finance same room 10am. Stay tuned for the announcement. Thanks very much and meeting’s adjourned.

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