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House | April 28, 2015 | Chamber | Finance

Full MP3 Audio File

I'd like to call this meeting house finance to order whether you are ready or not, we appreciate your being here. I would like to thank our sergeant at arms for all that you endure, Mr. Seals, Mr. Carl, Mr. Mclaken. Thank you for your kind patience with us today. We will start with the calendar and ladies and gentleman of the jury would like to have Representative Soccer and he will present house bill number 392. Thank you Mr. Chair I would like to tell the committee first that 392 is a local bill with new provisions in has any implications beyond the boundaries of Cumberland County. The public works commission in the city of Fayette Ville is truly one of a kind organisation within the state and that's because the way the city charter that was written in 1905 is set it up. It set the public works commission PWC to be in full control of the supervision and management the utilities yet the city retains full ownership Motion proper time I know it's a local bill I do believe it's the proper time please take the motion for the record motion in favor of this bill I don't have the bill number in front of me  but I will proceed to put House bill 392 Motion in favor, you heard the motion on the floor for further discussion if not all in favor say aye all opposed, my goodness motion carried, Thank you representative [xx] Thank you Mr Chairman thank you. Members of the committee we'd also like to recognize our pages, Miss Avery, Miss Sharkley, Miss Eves, thank you for being here today we appreciate what you're about to learn and thank you for your endurance as well. At this time we will have house bill 307, Zebulan Charter use of thieve, use of certain thieves. Representative Malon and Representative Jackson please present your bill. Thank you very much. Ladies and gentlemen house bill 307 [xx] used a certain fee as a local bill no more impact, it just gives them a little more flexibility with the money that they already have. Ask for your vote. Representative Stan, I'd like to move for favor report. You've heard the motion on the floor, any further discussion on the debate, if not say aye, all opposed motion carried, you've received a blessing from house finance today. Thank you at this time we'll have house bill 476, driver's license fee donate live. Representative Sachessin[sp?]. Thank you Mr. Chairman I endeavor to be as equally as short. And at this time pardon me for just one second, Representative Collin moves to have the PCS before us for discussion, all in favor say aye, Aye All opposed motion carried, thank you. Please proceed Thank you Mr chairman this is the drivers license donation. Donate live NC what it essentially does is allow DMV to put their website a click box that will allow you to donate $1 to donate life. [xx] for any questions Mr Chairman. Questions from the committee. Representative Leakey[sp?] I was not hearing you, I'm sorry. Representative [xx]. Thank you, gentlemen, Representative Stein, tell me about donate life just for a moment. Sure glad to this is the fund goes for organ donation. It's part of their management fund and so this fee would go toward that and it's simply adding additional dollars voluntarily if you want to online when you do the online renewal for your drivers license that would get to that cost. That very worthy cost. Thank you Yes sir Representative Hager that make motion appropriate time. It appears to be the appropriate time. Thank you Mr. Chair, I move for a unfavorable for PCS of house bill 476 unfavorable to the original. Members of the committee, you've heard the motion on the floor, any further discussion or debate, if not, all in favor say aye. Aye. All opposed? Motion carried, thank you. At this point of time we will stand in a short recess. And in a short recess will be hopefully in a little while until Representative Debraury comes back from a meeting that he's presenting a bill. Spend time to

enjoy each other's company Ladies and gentlemen we thank God we are going to call in and recess and Representative Jeter is going  to gracefully carry until something becomes tedious, and blows up the tracks, House Bill 739, Thank you Mr. Chair I don't have grace to do this. We'll make sure you are House Bill 739 is in essence current law allows cities to regulate forms of entertainment and original reasonable fee. This statute prohibits them from doing that regarding not the original intend of the law. The original intend of the law was amusement, joins those types of things. This bill is make it tailored to be specific to what it was intended and not how it's being used today staff might [xx] on this Well mentioning street joints didn't help it but Miss Griffin   It's accurate Miss Griffin.   You are correct that the current statute is sort of too fold, it allows cities to businesses and also it also allows him to prohibit those that might create some sort of public health and safety issues you, I believe that generally speaking most cities have used these regulatory statute for the types of businesses you have mentioned but the statute is potentially could be used in a broader sense Questions or comments from the committee Representative Leakey[sp?] Mr. Chair I wanted to ask I guess this should be some stuff for Mr. Bizle. What is the fiscal impact if any if there is this appeal, is there an impact on say Mecklenburg County? Mr Bizzle[sp?] Thank you Mr. Chairman, Representative Leaky there, what we did I'll ask the lead for information about the amount of fee revenue that cities received from this the business license fee and we did not get the enough responses to do a fiscal memo, we do have some responses and I can give you just sort of a feel for it. Charlotee for example generates a bout a $100, 000 from this fee rally, 50000 paying 25000 and they had about 12 other municipalities that responded with amounts of 12000 or less. That's very incomplete but hopefully it gives some idea of the amount generated. Representative Alexander. Thank you Mr. Chairman, representative Lookie was clarifying this morning and asked my question. Representative Sterm. If I look at this summary it says school government says you charge more than 10 or $20, it will probably be deemed to be unreasonable. This is one of those things that doesn't generate net revenue. it's a huge transactional cost for the purpose like some others, a good tax should cost maybe a half of percentage a quarter of 1% to collect, this one is costing about 100% of what you get to collect, so I'd say good riddance to it. Thank you, Representative Warren. Thank you Mr. Chair, just to make a motion at the appropriate time. Thank you, I'll be back to you, Representative Connie. Just to clarify I have

a question, can city you still use the, can they still charge the regular toy fees for a clear user fee where there's no cost? It's based on cost to provide the service and it's pure regulatory? Miss Griffin. Mr. Bizzle Representative Stein, can you offer some inside I would say it depends what the question is, like in the zoning development areas the various things that can be charged under statutes but not in general you can't charge for police, charge a fee for every time somebody calls a police or every time they call the fire department, let's say the question I think they're having trouble because it depends on the question Miss Griffin. We were just conferring, I think that it would prohibit a city from charging a fee under this particular statute, there may be other statutes that authorize them to charge other types of regulatory fees whether deal with parking and vehicles and inspection, but under this particular statute that allows cities to regulate and license businesses they will not be bale to charge the fees. Representative Sain, Thank you Mr. Chairman I just like to compliment representative Jitter on a another great presentation that was informative and gives us all the information that we need and leads us to where we need to go. Thank you We are doing the Representative Warren you recognize your motion. Thank you. It's my pleasure and an honor to, of course, make a motion for a favorable report the house bill 739. Members of the committee you have heard the motion on the floor. Any further discussion or debate? If not all in favor say aye, all oppose. Motion carried. Thank you and thank you Representative Jeter we may not be through with you yet members of the committee, we're going to take up now, last but not least, house bill 800 and at this time, Mr. Ronnie would you mind explaining the bill. Yes, it's a very ex-crucial bill the first two sections of I'm just kind of tracking through the summary the first two sections are just technical changes. Section three gives some statutory rules, I mean the Bill is about relationships between car dealers and manufacturers and so section one and two makes some tactical changes to existing outlaw. Section three puts some limitations on how much manufacturers can charge for tools they require their dealers to purchase. Section four tries to put more rules around working service, again it's almost like consumer protection between the manufacturers and the auto-dealers. Section five changes the retail rate calculation and again this is to do dealers in parts, predetermined conversations from manufacturers. Section 6, let's see. This has to do with compensation when a dealership has to store parts so they do, an example will be they do a warranty repair and the manufacturer wants him to hold the part so that the manufacturerer can look at it and so this says that the manufacturerer has to compensate the dealer and sets that rules for that relationship. The last section, section 7 is just a severability calls which is the language about any part of the is held to be invalid the rest of it is OK and that's all the bill does. Questions or comments from committee Representative Stam[sp?]. I'm just not reading fast enough I guess. What's the finance angle of this? I [xx] as it is in finance As opposed any other committee like policy committee of some kind. There's not reason that it would be required to be referred to finance.  Oh, and while

I think Representative [xxx] could you have the PCS for discussion, that might help us a little bit I certainly did, thank you thank you, all in favor say Aye, all opposed, motion carried. Thank you, that's probably explains why here in it's former life maybe it had a component that brought this to us Representative Hagar. I'd like to move this great experience [xxx] to a proper time I think the proper time is almost before us, Representative Buarn just for a question for the bill sponsor. So do you know where the North Carolina [xx] Association stands on this Bill? I have not spoken to them directly, I assume they're 100% in favor of, but I just feel that is guess work at this point. We have a representative from the Association who can bring us from darkness to light Thank you Mr. Chairman John Paul Akash on behalf of North Carolina Automobile Dealers Association. This is a  legislation that we had proposed and requested it's a working progress the sponsor had asked us to negotiate with the various manufacturers on this legislation and the various provisions that are in the bill now and that were taken out and so it's kind of a working progress and we pledged to him to continue the activiting and so we support the bill but it's in good faith, still something that's being worked out with the manufacturers if we'd like to bring back to the sponsor and to the committee, those changes at a future date.   Representative Sam I just don't know very much about it and I'm just wondering, if this goes direct to the floors of some other committees that would think it should've looked at this since it doesn't apparently have a finance. We'll have to ask [xx] He can sling shot it back wherever he wants it to go Members of committee we have a motion on the floor for Representative Hagar. Any further discussion? If not, all in favor say aye Aye All opposed, motion carries. Thank you ladies and gentlemen gentlemen, this meeting is adjourned.