Legislative Bulletin

MARCH 16, 2001

Executive summary of the budget

Below are major extracts from the executive summary of the budget document that governor Easley submitted to the General Assembly:

The total recommended biennial state budget of $54,126.3 billion is supported from four primary sources of revenue which include: general funds ($29,952.1 billion), highway funds ($5,042.4 billion), federal funds ($14,784.0 billion) and other receipts which are generated by agencies ($4,347.8 billion).

In terms of total availability, the support is distributed as General Fund tax and non-tax revenue 55.4%; highway fund tax and non-tax revenue 9.3%; federal funds 27.3%; and agency receipts 8.0%. General fund availability is determined from: (1) the fiscal year ending credit balance, which is comprised of unexpended funds in agency budgets and overrealized revenues; (2) tax revenue, which is generated from payments made by taxpayers consistent with the various tax laws of North Carolina; and (3) non-tax revenue, which includes earnings from investment of state funds during the course of the fiscal year.

Accordingly, the Highway Fund and Highway Trust Fund are supported from tax and non-tax revenues available under law. The Highway Fund receives funding from three basic sources including: (1) three-fourths of the motor fuels tax collected; (2) licenses and fees; and (3) earnings on investment of the fund balance. The Highway Trust Fund is supported from four primary sources including: (1) one-fourth of the motor fuels tax collected; (2) sales and use tax on the sales of motor vehicles (currently in excess of $170 million); (3) title fees and registration fees; and (4) earnings on investment of cash balances. The use of the Highway Fund and Highway Trust Fund revenue is currently limited to transportation related activities, and the budgets of each are reflected in this document.

Contained in this document is Governor Easley’s proposal to balance the continuation budget for the 2001-2003 biennium while continuing to move North Carolina forward by focusing on education programs. The recommended continuation budget includes: enrollment growth for public schools and average annual salary adjustments totaling $65.5 million in 2001-2002 and $162.8 million in 2002-2003; funds to make payments as earned by public school teachers and staff under the ABCs Program estimated at $93.1 million in each year of the biennium; continued funding of the Clean Water Trust Fund at the current service level of $30 million in 2001-2002 and $70.0 million in 2002-2003; current spending levels for Smart Start at $256.7 million in each year of the biennium; $450 million in 2001-02 and $694 million in 2002-03 to address the increased cost of the Medicaid program for the biennium; and $150 million in 2001-02 and $200 million in 2002-03 to support increased costs in the State Health Plan for teachers and state employees. 

The North Carolina Economy
As the nation’s leading industrial state, the North Carolina economy has been impacted by the recession in the manufacturing and technology sectors. Over the twelve months ending January 2001, manufacturing employment has declined by a net 15,300 jobs. The State’s traditional industries continued their long-term slide, with textiles, apparel, and furniture losing 7,000, 3,500, and 500 jobs respectively.

However, the year 2000 national slowdown in manufacturing has further disbursed the employment declines to most of North Carolina’s emerging industries. Over the past year, transportation equipment employment fell by 2,800, while industrial machinery payrolls lost 700 jobs.

As has been the case for many years, the engine for new job creation in North Carolina continues to be the nonmanufacturing sector. After increasing by a healthy 3.5% in 1999, the growth rate in total nonmanufacturing jobs held steady at 3.6% during the past year. Since January 2000, over 110,000 new jobs were created in the nonmanufacturing sector, with two-thirds residing in services and government.

Despite the slowdown in housing activity, construction employment remains strong, increasing by 14,600 jobs, or 6.6%. Mergers and consolidations, along with the growing weakness in the U.S. economy, are hurting financial service providers in North Carolina. Employment growth in the Finance, Insurance, and Real Estate sectors has slowed to 2.8% from the 7.5% range experienced in the 1996 – 1998 period.

Another indicator of the relative harm imposed on the North Carolina economy by the national slowdown in industrial output has been the rapid rise in unemployment. After standing at 3.2% in January 2000, the State unemployment rate rose to 4.2% one year later, and now equals the U.S. average.

Despite the current gloominess, there are reasons for optimism looking forward. Monetary stimulus and the prospect for federal tax cuts (possibly retroactive), will spark an acceleration in consumer spending and new business investment, leading to robust economic growth in 2002.

As U.S. industrial production recovers, North Carolina will outpace the nation in relative economic performance in 2002 – 2003. The recovery of the housing market, along with the phased re-building from Hurricane Floyd, indicate a solid rebound in residential construction.

Specifically, OSBPM is projecting State total personal income (not adjusted for inflation) to grow by 5.5% in 2002 and 6.4% in 2003. The following chart displays U.S. and North Carolina personal income growth rates on a state fiscal year basis.

The factors underlying the General Fund tax revenue shortfall are a combination of a weakening State economy, along with a significant volume of unbudgeted tax refunds. Approximately $120 million of fiscal year 1999-2000 individual and business tax refunds were brought forward and paid in July and August 2001. Since these refunds were not budgeted in fiscal year 2000-01, the General Fund was put in an immediate deficit position.

Tax revenue was below the budget target in September 2000 as the first signs of a slowdown in the State economy were observed. At September 30, 2000, General Fund tax revenue was $166 below the forecast authorized by the 2000 Session of the General Assembly.

A second round of unbudgeted tax refunds occurred in the second quarter of 2000-01. On August 24, 2000, the North Carolina State Supreme Court issued an order denying the North Carolina Department of Revenue’s request for a review of a lower court decision which found in favor of the Chrysler Financial Corporation’s petition for a refund of protested privilege license payments. Subsequently, the department dropped its appeal of a similar lawsuit involving Ford Motor Credit. Combined, the cases involved refunds of taxes and interest of $58.7 million, which were paid in October and November 2000.

December and January are important months for General Fund tax collections since they include the sales tax receipts for the Christmas season as well as the final quarterly estimated payments by individuals and corporations. February is also important from the standpoint of individual income tax (IIT) refunds, which largely commence in February.

Focusing ahead this fiscal year, the expected flow of IIT refunds will make it more difficult to monitor the tax revenue shortfall situation during the remainder of 2000-01. Issuance of IIT refunds was abnormally slow in 1999-2000, to the point where approximately $100 million in refund liabilities were carried over into 2000-01.

The pace of refund processing accelerated noticeably in February 2001 compared to last year. One reason for this acceleration is that more taxpayers are utilizing electronic filing of the tax year 2000 returns. In February 2001, reported refunds increased to $320 million, up significantly from $208.5 million last year. Adjusted for the acceleration in IIT refunds, 2000-01 General Fund tax revenue stands at $373.5 million below the authorized forecast through the first eight months.

Based on the economic forecast discussed in Section II, OSBPM projects that the shortfall in tax revenue will increase to $460.8 million at June 30, 2001. The largest negative differences from the budget will occur in corporate income and sales taxes. As employment and wage growth continue, IIT withholding payments will not add to the overall shortfall. OSBPM does not expect a major problem in IIT final payments, although they are expected to fall below the authorized budget.

Herein lies the largest element of uncertainty during the remainder of 2000-01. Will IIT final payments decline in April 2001 as a result of declining stock prices in 2000 calendar year (CY)?  OSBPM subscribes to the theory outlined by Dr. Mark M. Zandi of Economy.com. Dr. Zandi believes that the volume of realized capital gains increased in tax year 2000 despite the stock market drop because many people took gains on stocks they had held for many years.

Allowing for increased stock market losses, the net budgetary impact in fiscal year 2000-01 may be positive. This opinion is buttressed by the recently released estimates of the Congressional Budget Office (CBO) showing 2000 CY capital gains realizations increased by 18%, down only slightly from the 22% increase estimated for 1999 CY. Offsetting for losses, CBO estimates that federal fiscal 2001 (mainly April 2001) receipts from capital gains will grow by 9%.

However, OSBPM recognizes that there are alternative opinions predicting much weaker outcomes for the nation in April 2001, which can not be dismissed. Additionally, the capital gains realizations and tax liabilities for North Carolina filers may differ from the national average. Regrettably, we will have to wait for a full accounting of the April 2001 State tax receipts to answer this important question.

A shortfall in income from Treasurer’s investments added to the overall revenue difficulties for 2000-01. Average monthly cash balances have been diminished by the slowdown in tax collections, along with the numerous settlements of lawsuits. Additionally, the rate of return on State investments is gradually falling with market interest rates. Currently, the estimate of investment earnings for 2000-01 is $178.8 million, or $35.2 million below the authorized budget. In total, the overall shortfall of General Fund tax and nontax revenue for 2000-01 is projected at $497.9 million by OSBPM.

The economic recovery is now projected to commence in the first quarter of 2001-02 and pick up speed during the year. Typically, early in the recovery, consumers make big-ticket purchases which were postponed during the economic slowdown. The unemployment rate will recede as the manufacturing sector improves. These are positive signs for General Fund tax revenue growth.

Adjusted for refund anomalies, OSBPM projects a moderate 5.6% rate of growth in tax revenue for 2001-02. By 2002-03, the economic recovery phase is winding down and the State economy is growing at a long-run trend rate. Bolstered by stronger corporate profits in 2002 CY, the rate of tax revenue growth accelerates to 6.2%.

Returning to the capital gains issue, CBO is currently projecting that capital gains realizations and the resulting tax receipts will become a less important source of federal revenue compared to the late 1990s. In their January 2001 federal budget outlook, CBO projects that capital gains realizations will be flat in 2001 CY and down by 5% in 2002 CY. The OSPBM General Fund forecast mirrors that projection.

Revenue Enhancements and Other Issues
On March 1, 2001, Governor Easley announced the formation of the North Carolina Efficiency and Loophole Closing Commission, which will be led by former Governors Jim Holshouser and Bob Scott and former State Treasurer Harlan Boyles. As part of their charge, the Commission will evaluate existing State tax expenditures to identify those which cannot be justified under our current economic condition. The Commission is expected to report their recommendations for closing “loopholes” in mid-April.

At present, it is assumed that the Commission’s recommendations will increase General Fund tax revenue by at least $150 million, beginning in 2001-02.  A recent analysis of accounts receivable by the Department of Revenue indicates that collectibles total $120 million. The department is currently increasing its efforts to collect these accounts receivable. The recommended budget for 2001-02 and 2002-03 includes an expected $18.0 million in additional annual revenue from these enhanced collections efforts.

Currently, the General Fund receives a $170 million annual transfer from the Highway Trust Fund. This transfer was established to compensate the General Fund for the loss in sales tax revenue on motor vehicles following the creation of Highway Use tax. In order to partially adjust the transfer for past inflation, it is recommended that the Highway Trust Fund transfer be permanently increased to $200 million in 2001-02. The State Inheritance Tax was repealed effective January 1, 1999. However, the State Estate Tax, which is equal to the state death tax credit allowed by the Federal Estate Tax Act, remains in effect. President Bush is expected to offer federal legislation which will phase-out the federal estate and gift taxes. Alternative proposals exist which would maintain the federal estate and gift taxes but increase the filing threshold (one proposal, eliminates the estate tax on estates below $4 million). Consequently, there is a strong likelihood of a change in the federal estate tax which will negatively impact North Carolina General Fund tax revenue. Until federal legislation is enacted, it is not possible to accurately determine the size or the timing of the effect on the State budget. Fortunately though, any change should not have a significant impact on the 2001-03 biennium. However, recognizing the potential loss in the “Inheritance Tax” (term still used by the Department of Revenue), OSBPM forecasts actual collections at somewhat less than the base line value. If significant changes in the federal wealth transfer tax system are enacted, the impact on the State General Fund (Inheritance as well as other taxes) will need to be fully evaluated.

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