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Senate | May 14, 2013 | Committee Room | Finance

Full MP3 Audio File

The family trust any itself, the lawyer , musicians and that the tough- gallon from the first of cargo today below that we have started an arm somewhere that the fed to the stand Monday a look at the center of staff, Cheryl A. Kessler and ,(SPEAKER CHANGES) and some as a catalyst and dollar all-star of tomorrow when she had some setbacks that in the amount of money for killing to the state convention center bomber that flow from this good social update about the love bug virus and then fled nine to Maryland, 31 AM GMT, from Henderson said compliant welcome hope you want to enjoy your weekend that the relieve off good something which even the few later on that dollar offers good day-and health bill for you for permitting them to women are just so does not represent the bell and search about five you please let his acquittal PCs or the strait of PCs selenium voted to approve PCs from the end, a coalition that we accept PCs to discussion of possible for it, the fortunes of the elevator said a group that when they're the PCs to a day and Michael and, as chairman of the committee by Seattle for a form of a deal with the facilities, you have to dissolve a minute to save the life of isolated talk about the defeat the latest whole issue that all of this bill passed the house of modern college will the two ms law said Palma house finance committee knoll wood four support the levy is a health bill 44 , when the facility establish a party program for the study operation away the facilities inside North Carolina this program will be implemented by the department of natural resources , still is not against development away energy by delta permitting processes to a whopper of the process forties-awaited the insight from protecting the continuation expansion of rebuttal military mission here in North Carolina?? (SPEAKER CHANGES) the problem with this issue became clear 2012 when Al estate developer sold FAA approval to the lower skill with any facility called a paid CIA project in Beaufort county _the cliff 50 foot waves of eyes look in the REC League level flight or else assume or Johnson they'll only that there can be bothering Holloway into projects are Carl economic planning phases of hostile 44 provides a place that the permit process where gainers division of energy McDonough L.a. Resources Whaley war with the North Carolina were no call it a place to turn away the way the development would conflict with military tryouts operations in them permits are clearly undisclosed slices been developing about after extensive meetings and input and they're all in the military of the government said bother with the military committees in message and was chairman of the sounds like a wonderful bill time in 4544, of making profit from 1/2 minutes and then the next 11 questions from the command a new way of questions and comments from the committee from doing that now we do have pupils from the form of the public and so we will give you two massive police if that's OK, and we will walk again with Elisa are two such a way as director of fund development Alembert care facility just a little like a north battle today as the DC then use a light, I use a gene that causes to defy a cell with the listener, yes thank you for a for Monday's feed them when Astride rector of economic development in the root for the all Marley C which Dennis Ashley is with the city and pass to take any malicious city impressed with tanks, Mary in the poorest the region ??....

The North Carolina, we do have a project to those that has already achieved FAA approval and as I read a bill that would be being sent to go from these are meeting the requirements from feeding the idea of what had in fact this would have lowered the bar area from being the 300 car when projects travel specification when the scanning the CMP ATT CMP nine conflict with any of the military, training flight path of week we spent a lot of time that the local level, dealing with chateau flicker and no waste in wetlands impact same impression are hearing ability is overwhelming from local support but if it were to pass it would bolster agriculture in our region or farmers would receive annual lease payments the $900,000 a year would still be able to form their land it would be if anything stabilize other business by providing a cash drain five academy of Pasco take alone would limit C750 $1000 a year and increase property taxes and put that in perspective Wal-Mart is now the largest taxpayer the party taxpayer in the past week a canny and the latest Raju to come to fruition, the patrol of the new rules would be the largest taxpayer in the county by a factor four-future that goes into place(SPEAKER CHANGES) I believe that raises the overall revenue tax base by 30 or 40% self defense as best as we agreed to build the policy essentially been in the last to the very last paragraph we're OK chief bill has already a G-eight and windows and that's why I am conflict under the bill deals with a week we would hope that if the party were to expire that that the that the provision in the tension remained intact thank you to know what,(SPEAKER CHANGES ) if I wanted to comment before we go along with more about them, but cannot let this channel will clearly as I say how to say this is important that all bases North Carolina, you get through the process of determining as the military continues to come back to turn the ball places to cut not good if you can't find a place in relevant and did they have been trying for a place is basis from an out this fall, do with the skills might have had lessons from a novel and, to continue trying to convey the mission said that the rest of the tension about Mr. David Bartlett five they were not by a lack of two potential but, representing more than likely to see much for review or a member of the of five referring to the North Carolina Civil War issue back story of a title represent those folks undersheriff Michael and concerned about the bill actually apply for support the bill but I think it needs some of improvements in two areas five of economic and normal, but the problem occurred informal processes that are not adequate systems home on the comic and Federal taxes, family and Carmel, category , one thing that can use that to change in my opinion, is that the testing a new city, by hiding nearby experts on my right ear muffs those selected by the league offers?? (SPEAKER CHANGES) why is there is a dangerous a second places that some lovely made five terrific job from the home testers to get the full faith and that should not be approved by Miller date is set from the day when project was to go through 1845 Federal protection act of process, and we can't tell offense two after the bodies of driving in the avenue story that the mail bomb in this tradition has been given the past two when projects all four home record kills from Lebanon taking on the company's core four collectors and such measures other ways but that, if they are to buy when Germans longer they either get past him the name: five even conceive of any of column 1:1 record, fuel, but when Germany and the California condor for instances for a very possibly the first indication of when, for the third thing is solid, economic impacts are unconcerned about that the cost of the signs ??....

we have a stated goal in the North Carolina statutes to encourage private investment in renewable energy and economic, and energy efficiency. I would like to see it say encourage private investment in economically competitive renewable energy and energy efficiency. Germany is the one country which has achieved our 12.5 percent goal of renewables from wind and solar. The cost, the electricity there now is 3 times what it costs us. We need to pay attention to that if we're going to remain competitive in the region with other states that don't have these kind of requirements. Thank you very much. [SPEAKER CHANGES]. Thank you, sir. Mr. Brad Ives, Assistant Secretary of DENR, you care to comment please, sir? [SPEAKER CHANGES]. Thank you very much, Mr. Chairman. DENR fully supports this bill. We've worked a lot to try and balance the needs of the military and environmental groups on one side with the needs of wind farm developers on the other hand. I think you've heard from the representative of the economic development group how important these projects can be. Especially for rural areas in North Carolina. We think what we've ended up with here is a very good proposal that allows wind farms to move forward, yet takes into account a lot of environmental and military concerns. So we are fully in support of the bill as it's been presented to this committee. Thank you very much. [SPEAKER CHANGES]. Thank you, sir. Attila Neme- Yes, sir. [SPEAKER CHANGES]. Thank you for allowing me to speak. [SPEAKER CHANGES]. Please, yes. Please state your name and who you represent. [SPEAKER CHANGES]. My name is Attila Nemecz, and I am with, on the board of Friends of Pocosin Lakes National Wildlife Refuge. I am in support of the bill, but there is one important change that I would like to see in it, and that would be to see an independent assessment of the wildlife concerns. As it stands right now, same as the other speaker had, that wind companies can cherry-pick data, and so they can take data from other parts of the country. At this point, we do not have any wind facilities in the coastal southeast at all, so comparable data is hard to come by. A few years ago Invenergy signed contracts with private farmers and had a project in place before the public was made aware of the project, The Pantego Wind Project. This massive project would have put 500 foot towers across 11,000 acres of farm land that were feeding grounds for wintering tundra swans and snow geese, and is also prime habitat for nesting bald eagles. Adjacent landowners were not informed of this because there was no federal money involved, there was no state permitting process involved, so there was no environmental review of the process. A thorough permitting process would prevent such mistakes in the future and would also prevent energy companies from investing a lot of money into a project that will then be taken off the table for environmental concerns. Thank you. [SPEAKER CHANGES]. Thank you, Mr. Nemecz. Mrs. Morris. Please identify yourself and pull the mic down a little bit so we can see who you are. There you go. [SPEAKER CHANGES]. Yes. I'm Doris Morris, the Vice-President from the Friends of Pocosin Lakes. Thank you from allowing me this time to speak. I'd also like to say that we are very much in favor of DENR being in control of getting a proper environmental impact study done for our state. We feel like they have a much stronger interest in protecting our state than a wind industry that comes in not really knowing what our surroundings are and what we have to offer, as to prime example, Pantego Wind Energy. This devastation here, between the bats, the water fowl, the bald eagles, and with the bat lost here is actually harmful for the farmers ?? Even though they would get the revenue, the bats would create a huge loss to the farmers from the insects that normally would be eaten by the bats. The farmers would have to be buying additional chemicals, which the Agriculture Department has put out a release saying how expensive this would really proceed further for our farmers, and they're already struggling as it is also. And then you also have the trickle-down effect on that. When the rain comes, then these chemicals are going into our waters and then we've got additional water pollution. So we would kindly appreciate any consideration that you would on amending this bill. Thank you again for your time. [SPEAKER CHANGES]. Thank you, Mrs. Morris. Senator Brown. Do you have a motion? [SPEAKER CHANGES]. I think Senator Apodaca made... [SPEAKER CHANGES]. Senator Apodaca, did you make that motion? I sincerely apologize. We have a motion by Senator Apodaca for a favorable report. All in favor, please say aye. Opposed, no. Ayes have it, motion carried. Thank you, gentlemen, very much. [SPEAKER CHANGES]. Thank you. Thank you, Members of Committee.

I certainly appreciate your work. The next bill we're going to hear today is a PCS Senate Bill 523 motion to hear the PCS by Senator Brock. All in favor say aye. Thank you Senator Rucho. [SPEAKER CHANGES] Thank you mister chairman and members of the finance committee. We had a discussion before about this bill and working with the department of revenue and a number of other folks regarding and trying to make this confusing piece of legislation a little simpler. What we do in PCS is we separate out the personal income tax from the remaining taxes and that is personal income tax from franchise, corporate and sales tax. For a person who does not file or fails to file which is a penalty, whether you owed or not owed a refund a refund is due is a 100 dollar flat fee. If the person is due a refund there is no additional cost and in reality the cost of letting the department of revenue sit on your money is more than sufficient. If it is owed taxes there is a 5% per month for a 10 month maximum failure to pay penalty. That is straight forward and solves the problem. The other part of the problem that has proven to be very difficult and challenging are there are a number of businesses especially in the sales tax area that do submit their sales tax money but never file their sales tax remittance slips and that poses a problem with the department of revenue because as long as that money is not tied with a the filed documents there's no ?? to distribute that money to the municipalities in the counties and therefore there will be a as in all of these taxes a failure to file penalty of 5% per month with a maximum of 25% that is on the franchise tax, corporate tax and sales tax. That should solve everyone's dilemma, that should clarify it so the department of revenue fully understands what their responsibility is and the same thing with the taxpayers. Mister chairman, the department of revenue is here and they may want to explain. [SPEAKER CHANGES] Thank you Senator Rucho. If we could have a brief explanation please from the department. [SPEAKER CHANGES] Tom Dixon I'm assistant secretary with the department of revenue. We came to the chair a few months ago with a problem where we have been administering the fail to file penalty for a number of years incorrectly and back in the 90's when we had a new computer system that system was programmed in essence to administer the fail to file penalty like a fail to pay penalty. That was a programming problem with that system and we have used that system for the past 18 years. We are now in the process of implementing a new computer system called TIMS many of you know about that system and have heard about it. The new system will have all 28 tax schedules that we administer in it and so when we became aware of the problem with the fail to file penalty and how it was being administered we approached the chair and explained the problem and how the current law would affect tax payers. We knew that there would be a significant adverse effect if it continued without legislative change. There has been much discussion about this and this bill I believe addresses much of that discussion in having a flat fee in carving out individual income tax and allowing the other tax schedules to continue to be administered as we administered them in the past. [SPEAKER CHANGES] Thank you sir. Yes sir do I hear a motion coming? [SPEAKER CHANGES] Yes sir I think it's a wonderful bill now. Senator Rucho doesn't pay his taxes anymore so it doesn't apply to him but to the rest of us that do I think it is more than fair. Favorable report. [SPEAKER CHANGES] Thank you Senator Apodaca. Motion has been made for a favorable report. All in favor please say Aye. Oppose no. Aye is habit. Thank you Senator Rucho.

Speaker: Our next looks like it is going to be Senator Brock, since he is up and jumping in line. Senate bill 269, just come forward at your leisure or pleasure sir and start. Representative: Thank you Mr. Chairman. Sorry, I thought my name was next on the agenda. Actually, I have an amendment to send forth. Speaker: Members, have their copy? Representative: They should, it is relatively simple. Speaker: Does Senator Apodaka have his laptop? Representative: He did not bring it, but if you look on page 1, section 3, it just changes the effective date to a date that is certain so everybody can get their ducks in a row. Cindy had a copy. Speaker: Would you like to….? Representative: The amendment is in your packed and it just makes certain that at the end of the fiscal year, so that you do not have to worry about prorating taxes at some point midyear. Speaker: Okay, Senator Brock do you want to discuss that any further or would we entertain a motion for the amendment? Representative: So moved. Speaker: Thank you Senator Tillman, we do not need a speech from you either. We will entertain that motion. [laughter]. So, all in favor please say aye [aye], opposed, no [silence]. The aye’s have it. Thank you sir. That’s the amendment, yeah. Senator Brock? Representative: Just like to …. This simply DNX’s the part of the airport that was annexed by the city many years ago, just to annex the airplane to get the tax revenue off of, since that time the city has not put any money into and if we get it back to where to the county has lowered taxes on the planes. Speaker: Thank you Senator Brock. Senator Tillman, without comment, I believe you move for a favorable report as amended. Thank you. All in favor please say aye [aye], opposed, no [silence]. The aye’s have it. Thank you Senator Brock. Representative: Thank you Mr. Chair, members of the committee. Speaker: Next we have senate bill 103. Senator Hartsville? Representative: This is a PCS. Do I hear a motion to accept a PCS? Speaker: All in favor please say aye [aye]. Thank you it passes, Senator Hartsville. Representative: Thank you present members, senate, the committee. We are getting all confused. The bill does essentially two things. You may or may not know what special assessment bonds are because, while they are available for a few years, they have not been used until fairly recently, largely because of the economy. There is a project in Southern Airdale County that is planning to use these but there is a current expiration on the availability of this bonding mechanism as of July 1st of this year. The bill does two things. It spells out an extension of that, or the committee substitute. It extends the sunset for two years. It also, more specifically, identifies the eligibility of the person in the area that can adopt the assessment. It identifies – it has to be a majority of property owners who own at least 2/3 of the property by value, of the property in the zone. It is a voluntary kind of thing. It is a supplemental assessment and is entered into. I will be glad to go into any of the specific – to answer any specific questions. Speaker: Thank you Senator Hartsville. Any questions from the committee? Hearing none, motion for a favorable report from Senator Tillman. All in favor please say aye [aye], opposed, no [silence]. The aye’s have it. Motion carries. Thank you sir. Don’t go anywhere. Do you not have another? Taking a senate pause here folks. Are you ready? Okay, let’s see we are going to senate bill 248, and we have an amendment. Is it in the packet? Okay. there is a motion to adopt the amendment. Any discussion? Those in favor please say aye [aye], opposed, no [silence]. Amendment passes… Representative: Mr. Chairman? I am a little concerned under rule 29, the chairman may have a conflict with this next bill, since he does not participate

Maybe Senator Rucho ?? to handle this. [SPEAKER CHANGES] Well I think I heard you say. Thank you for your concerns, Senator Apodaca. Senator Hartsell, please. [SPEAKER CHANGES] Well said, Senator Pate. The Financial implications of this bill, actually on the Health side it adds hearing aid specialists to a group that folks can chose. On the finance side, some of you may recall that we had what I call the Treaty of Versailles that was adopted in the last session which separated the hearing aid specialists from the audiologists. Not an inconsequential fight. However, now that they are separated, since there are fewer audiologists, they desire an increase in the fee. Which isn’t terribly surprising and they have requested this as at least for their license and so that’s what his bill does is it increases that and spells out in very nauseating detail, the application of the situation. [SPEAKER CHANGES] Questions or comments from the, Senator Hise has a motion for a favorable report as amended. [SPEAKER CHANGES] As amended. [SPEAKER CHANGES] Thank you, all those in favor please say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Oppose, no. Ayes have it. Thank you. Our final bill for the day is Senate Bill 463. Senator Woodard. Thank you, Senator Woodard. [SPEAKER CHANGES] Thank you, Mr. Chairman, ladies and gentlemen of the committee. Before you’s a statute that outlines the standards for jail dormitories of 64 beds. This bills will simply lower the threshold for such facilities from counties of 300,000 population to 250,000 population. I’d be happy to answer any questions. [SPEAKER CHANGES] Questions from the Committee? Senator Allran. [SPEAKER CHANGES] What effect does that have money wise? [SPEAKER CHANGES] There’s no affect at all on this. It simply moves the threshold down and allows currently 1 county is eligible, is in the 250,000-300,000threshold. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Follow up, it’s local funding. [SPEAKER CHANGES] Thank you, Senator Tillman. [SPEAKER CHANGES] Thank you, Mr. Chairman. I’ve noted that you put it in for counties with populations in excess of 250,000 and you’ve left out the other counties. Tell me why if it’s good for some it’s not for the others then. [SPEAKER CHANGES] This was a request from Durham county. Which falls in that. If there are other counties that would like to do that I’d certainly be amenable to lowering that threshold or doing away with the threshold. [SPEAKER CHANGES] Thank you, and we may come to you with an amendment to take care of some others. This is a public bill isn’t it? [SPEAKER CHANGES] That’s correct, this is a general statute so it had to be a public bill. So we’d be amenable to that maybe staff could help me. I think the concern of why this threshold was placed in there was for counties who may overextend their debt service if they wanted to have a larger facility. [SPEAKER CHANGES] ?? would you like to respond? [SPEAKER CHANGES] Staff, enlighten us a little bit on the debt limits of some of those counties and why we might be doing. [SPEAKER CHANGES] I actually don’t have that specific information about the debt limit, I can say it just applies to the larger counties at this point. It just applies to Wake, Mecklenburg, Cumberland, Guilford and Forsythe at this time. [SPEAKER CHANGES] Follow up, Mr. Chair? [SPEAKER CHANGES] I still haven’t heard a good explanation of why we’re doing the threshold this way and since debt limits and so forth don’t seem to be the factor involved here at least I’m not hearing that it is, the response from either or? [SPEAKER CHANGES] I’m not sure why the policy was adopted in the first place, why they limited it to just the large counties in the first place. What this do would increase the number of counties can use that. [SPEAKER CHANGES] Senator. Follow up. [SPEAKER CHANGES] Chairman, I won’t hold the bill up I want to make a motion for favorable, we’ll work on this if we need to I’ll check with a couple of them. [SPEAKER CHANGES] Thank you, Senator Tillman. Senator Hise? [SPEAKER CHANGES] May just be a technical question but the title of the bill says that counties that have an excess population of 250,000 inmates, and the bill itself says population of 250,000. I hope we do not have a county with more than 250,000 inmates. [SPEAKER CHANGES] In spite of the fact that it’s Senator Apodaca’s home county, it does not apply to Durham county I can assure you. That’s a typo.

Stuff that's in the second annual Martin won with the guise of minutes (SPEAKER CHANGES) and Senator McCain said losers of five award for alleged sexual is to insert a motion to a seven-, or the questions we do have a motion, and you have to have fun they will hold a null said calls while we are 5:00 AM trying to convince a cannon as MM at which is simply a man page 994 charities to worry and eighth to 7522 with added best of an emotional 20, it's got to take the motion 9957 who should have gotten them what are the discussion ?? (SPEAKER CHANGES) favorably say out of the goes no motion could go back to the original motion four video of the Mitchell bill has amended of us are from the idea I disappointed this is used in to save money more flexibility to save money and fish when applied to which they play for the county's 25 with save money for any of the county's and so one of our not that we don't have the same rule applies to everybody that again says the bill's sponsor on the one that I was initially a request for one county five I have a list of famous populations there or phone number and the more you do this picture: com, meaning control opponents are already a well I've probably of 20 deaths as somebody from of corrections to come in and offer somebody you can have no use of more now than I do actually begin today we have some wonderful Russians , do we have someone who has ever served, and the give-and-white film or the fact that it has set about as chairman of the faith of having they've in the jail for the delay that while counties that have come from five think this applies to new facilities O’Melveny bill, and may be a good thing or small cities; (SPEAKER CHANGES) in the past over overcrowding and such and I think that this would allow 140 foot sale for sending the case again, after the update-and that they share sale to a bank somebody said maybe we can find another answer out and personal before so we can move this along the paths cross over the edge of the eye of the group and love, a good legal motion that of the forcible: favor to say about half those no motion could go past 525. All this is a lead that today we have nothing on the calendar for Kaman however with crossover of five coming out please suspect and because we may need to call a meeting so please watch aura of computers in the consultant who listen up, the danger in action ??.....