JUNE 11, 2004

ISSUE No. 6

2004 SHORT SESSION
Published every Friday during legislative sessions exclusively for NCCBI members

No tax hikes or cuts on the table
as budget battle moves to the Senate


The budget battle shifted to the Senate this week after the House wrapped up its deliberations Tuesday with a 95-18 final vote on its $15,849,844,954 spending plan. Observers expect the Senate will tinker with the House blueprint but not push for wholesale changes. Senate leaders hope to have their version of the budget out for a floor vote by the end of next week, which would keep the legislature on track to adopt a spending plan by the start of the new fiscal year on July 1.

The House budget bill, H 1414 2004 Appropriations Act-1, doesn’t raise any taxes or cut any, either. It doesn’t include Gov. Mike Easley’s proposal to cut corporate taxes for small businesses by exempting their first $20,000 in income from the tax. The House plan increases state spending by about $350 million over current levels, with more than half of the additional outlays earmarked for education. Most other details about the budget were as previously reported (see June 4 Bulletin).

Several charts at the end of this newsletter provide a line-item view of the House budget. Of note, the House budget
provides a flat $1,000-a-year raise for state employees and an average 2.3 percent raise for public school teachers. It includes $59 million to reduce third-grade classes to 18 pupils and funds another 1,000 slots for the More at Four prekindergarten program, two of Easley’s pet projects.

Some Republicans again criticized the budget on grounds that it relies heavily on revenue -- Rep. Paul Stam (R-Wake) put the figure at nearly $1 billion -- that will disappear next year, including the additional half-cent state sales tax and the 8.25 percent state income tax on highly compensated individuals.  Advocates for the poor complained that the budget cuts $16 million from childcare subsidies.
 
“I commend the House for their action to protect education,” said Easley. “We have made great progress over the past three years toward eliminating the achievement gap, and this plan provides the resources to continue that progress. We will continue to work with the legislature through this budget process to provide a final plan that reflects North Carolina values and meets the needs of all our citizens. This budget is still a work in progress and, traditionally, there are oversights that will be corrected as the House and Senate come together on a final package.”

The House passed the budget after considering 13 amendments and rejecting most of them, including one by Rep. Stephen LaRoque (R-Lenoir) that would have transferred control of the Global TransPark to the state Commerce Department. It went down 75-44. Another failed amendment would have removed a 7 percent increase for community college tuition and eliminated the $1,000 pay raise for the governor, Council of State members and state department heads (see chart on page 9 for salaries of top state officials).

House Speakers Richard Morgan and Jim Black said the lopsided vote adopting the budget is proof that their power-sharing coalition is holding steady.


Key Senate panel endorses money for One North Carolina Fund
T
he Senate is poised to follow the lead of the House and give Gov. Mike Easley $20 million in emergency funding for the One North Carolina Fund, so-called “walking around money” he can use to close important economic development deals. The Senate Appropriations Committee on Thursday favorably reported S 1169 Emergency Funding for One NC & NEIT.-AB (Dalton), the companion measure to a House bill that easily passed that chamber on May 24. Both measures also include $4.1 million for a community college worker-training fund.

Legislative Actions

Senate OKs $520 million measure to buy land for parks
T
he Senate gave third-reading approval Thursday to legislation that would allow the state to borrow up to $520 million to purchase private land for state parks or to protect military bases from development. S 1064 Finance Parks and Heritage, which was approved by a vote of 35-9, would authorize the Clean Water Management Trust Fund to issue up to $350 million in debt; the Parks and Recreation Trust Fund, $105 million in debt; and the Natural Heritage Trust Fund, $65 million, to buy land. The debt would be created through certificates of participation, which require no voter approval. The money would be repaid through a portion of funds already generated by the deed stamp tax and a portion of revenues from specialized license plates. Supporters say North Carolina needs at least $65 million to buy nearly 20,000 acres immediately to create two new state parks, protect Lake James in Burke County and insulate Camp Lejeune and Fort Bragg.

 The House Finance Committee on Tuesday favorably reported S 1063 Eliminate IRB Wage Standard (Hartsell), a measure that would eliminate the wage standard in the use of industrial revenue bonds.  Under current law, companies using IRBs, which offer below-market interest rates, to purchase land and equipment must pay wages at 10 percent above the local county average. The bill’s sponsor, Sen. Fletcher Hartsell (R-Cabarrus) said manufacturing companies and economic recruiters say the standard is difficult to meet because the bonds often go to companies that can’t afford to pay wages above the going rate. The measure, which already has passed the Senate, now goes to the full House for consideration.

 The House Education Committee voted 20-14 Tuesday to pass a resolution authorizing the General Assembly to consider a bill that capping out-of-state student enrollment at UNC System campuses at 18 percent. The bill, H 1540 Enabling Resolution/UNC/Out-Of-State Students, would not apply to the N.C. School of the Arts in Winston-Salem.

 The Senate gave second- and third-reading approval Wednesday to S 1223 Health Insurance Innovations Commission. A companion bill, H 1463, received second-reading approval Wednesday in the House.

 The Senate gave second- and third-reading approval Wednesday to S 1219 Dry Cleaning Solvent Cleanup Act Amendments, and sent the measure to the House.

 The House Transportation Committee on Wednesday favorably reported a bill that would allow North Carolina drivers to go 13 years between visits to the DMV if they renew their licenses online. The measure, H 1394 8-Year Drivers License/Internet DL Renewal, now goes to the full House for consideration. Under the measure, the five-year license renewal for most adult drivers would be extended to eight years. Drivers with relatively clean traffic records and no recent additional restrictions on their license could then renew online for another five years.

 
State Government

Penalties assessed, collected by Labor Department fall sharply
T
he amount of penalties assessed by the N.C. Department of Labor against employers dropped by about half in the past two years and the amount of penalties collected plunged by about two-third, according to a year-end report recently issued by Labor Commissioner Cherie Berry, as indicated in the chart below:

DOT activates ‘smart work zone’ on I-40 near Winston-Salem
The N.C. DOT has finished installing sensors under the pavement on I-40 in Forsyth and Davie counties to detect traffic conditions and relay real-time information to message boards that will alert motorists of alternate routes and delays. Known as a smart work zone, it is the first in the state west of I-95. When delays occur, the traffic messages and delay times are displayed on the message boards in five-minute increments. If delays reach more than 25 minutes, motorists are advised to take a detour route, which is displayed on the message board.  Since 2002, the DOT has implemented smart work zones in Cumberland, Johnston, Nash, and Halifax counties.

Names in the News

Ballance resigns from Congress; special election eyed
Cong. Frank Ballance (D-1st) resigned his seat in Congress Tuesday, saying the myasthenia gravis neuromuscular disorder has is suffering prevents him from carrying out his duties. Ballance, 62, was diagnosed with the condition in February. Gov. Mike Easley said he would consult with the state Board of Elections before calling a special election, as required by the U.S. Constitution and state law to fill a vacancy in the U.S. House. Ballance was elected to the U.S. House in 2002, after former U.S. Rep. Eva Clayton retired from the seat she had held for a decade. Five Democrats, including former state Supreme Court Justice G.K. Butterfield of Wilson, and two Republicans, have filed to seek Ballance's seat.

 Dr. Aldona Wos, a Greensboro physician and one of President Bush's chief North Carolina fund-raisers, will be the Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Estonia. Wos, 49, is Bush's state finance co-chair. Dr. Wos currently serves on the United States Holocaust Memorial Council. In addition, she also serves as a member of the United Way of Greater Greensboro Board of Directors. Earlier in her career, Dr. Wos served as a consultant for The Port Authority of New York and New Jersey and maintained a private medical practice for eight years in New York, New York. She earned her M.D. from the Warsaw Medical Academy.

 Dr. Robert Bridges, former Wake County schools superintendent and an education and management consultant, was named the fourth recipient of the Jay Robinson Leadership Award given jointly by the Public School Forum and Wachovia Corp.  Dr. Bridges, the first chair of the Raising Achievement and Closing Gaps Commission, is credited with moving North Carolina forward in its effort to close the achievement gaps among diverse student populations.  Commenting on the award Phil Kirk, chairman emeritus of the State Board of Education and chair of the Forum’s Jay Robinson Award Committee, said, “Bob Bridges, like Jay Robinson, waded in waters few wish to enter. He was clear in his message as chair of the Raising Achievement and Closing Gaps Commission that, ‘if we are going to close achievement gaps, we must change the way we do business in the village.’ His statement serves as a lasting theme for North Carolina’s statewide initiative.” 

 Pam Wortham was named deputy state treasurer and director of the Financial Operations Division for the Department of State Treasurer. Wortham is only the second woman to be named a deputy treasurer.  As CFO for the department, Wortham will oversee the state’s banking operations and well as departmental accounting and fiscal operations. Treasurer Richard Moore appointed Janice Burke the first female deputy treasurer in 2003.   

 

Economic Development

Wire and cable maker expands in Tarboro
Superior Essex Inc. (SESX) said it would expand its facilities in Tarboro, creating 130 new jobs and about $9 million investment for the state. Superior Essex, one of the largest wire and cable manufacturers in the world, is the first recipient of a Job Development Investment Grant (JDIG) in a Tier 1 rural county. The company manufactures and supplies copper and fiber optic communications wire and cable products to telephone companies, distributors and system integrators. Officials said the expansion would generate a cumulative gross state product value of about $1 billion and produce a positive cumulative net state revenue impact of $45.8 million. Headquartered in Atlanta, Superior Essex has 16 manufacturing facilities in the United States, Mexico and the United Kingdom that employ about 3,000 people. Since locating in Tarboro in 1999, Superior Essex has invested $23 million. They employ 235 people. Tarboro operations include a 300,000-square-foot building, a warehouse and maintenance. New positions include opportunities for product testers, machine operators, maintenance and management and will have an average salary of $28,800 per year. Under the terms of the agreement, a 10-year grant will be established. For each year in which the company meets the required performance targets, the state will provide a grant equal to 60 percent of the personal state withholding taxes derived from the creation of new jobs. If the company creates the jobs called for under the agreement and sustains them for 10 years, the agreement could yield maximum benefits to the company of as much as $930,000 over the life of the grant.

Pergo Inc. said it would spend $36 million expanding its laminate flooring manufacturing facility in Garner and create 86 new jobs. The company will receive $100,000 in One N.C. Funds, as well as support from Wake Tech Community College, the Town of Garner and Progress Energy. Pergo has 227 in North Carolina and its North America corporate headquarters in Raleigh.

The Raleigh-Durham-Chapel Hill area ranks third in the nation in biotechnology, according to a study by the Milken Institute, behind San Diego and Boston. The Triangle also was ranked fourth spot in life sciences, including pharmaceuticals and medical devices.


NCCBI News

Executive Committee holds retreat
The NCCBI Executive Committee held an all-day meeting Wednesday to review and update the association’s internal and external priorities. Chair Barry Eveland hosted the meeting at IBM in Research Triangle Park. Executive Committee members used laptop computers to contribute their input during discussion on issues, and their thoughts were displayed on screen for others to read. After several hours of discussion, the leaders agreed to continue NCCBI’s focus on government efficiency, lower taxes and strengthened economic development programs. The Executive Committee also re-dedicated itself to improving services to members.

Seated on the left side of the table in the picture above, from left, are Graham Denton of Charlotte, the Bank of America executive and second vice chair of the association; Duke Power executive Ellen Ruff of Charlotte; Sara Lee executive Jerry Cook; Stephen Miller of Asheville, the Biltmore Co. executive and first vice chair of NCCBI; and former chair John McNairy of Kinston. Seated on the right side of the table, from left, are Eveland, NCCBI President Phil Kirk, and Mary Clara Capel of Troy, the Capel Inc. executive. Other executive committee members attending the session included R.V. Owens of Nags Head, Robert Stolz of Charlotte, Steve Stroud of Raleigh, Jordy Whichard of Greenville, Paul Wiles of Winston-Salem, and Smedes York of Raleigh.


Kirk addresses high school graduates
"Business people tell me frequently that they are looking for employees who can work together, people who can get along with each other, and people who can communicate effectively both verbally and in writing," NCCBI President Phil Kirk told the graduating class at East Rowan High School on May 28. "It is through co-operation, not conflict, that you will achieve your greatest successes." Kirk, a graduate of East, said, "You can do anything you wish to do, have anything you wish to have, and be anything you wish to be. You don't know what you can really do until you try. All you have to do is to act on your dreams." He encouraged the seniors at East and also during a baccalaureate speech to Enloe High School students in Raleigh to "use your ability.  Don't let life be a passive experience. Take the time to reach out to those in need. Take the time to serve others. Stand up for what you believe in and become a volunteer."

How the House voted on third reading for H 1414 2004 Appropriations Act-1

Total Votes: 113   Ayes: 95   Noes: 18   Not: 5   Exc. Absent: 2   Exc. Vote: 0

Ayes:    Reps. Adams, Alexander, Allen, B., Allen, L., Baker, Barbee, Barnhart, Bell, Black, Bonner, Bordsen, Bowie, Brubaker, Carney, Church, Clary, Coates, Cole, Crawford, Culp, Culpepper, Cunningham, Daughtridge, Decker, Dickson, Earle, Eddins, England, Farmer-Butterfield, Fisher, Fox, Frye, Gibson, Gillespie, Glazier, Goforth, Goodwin, Gorman, Grady, Hackney, Haire, Harrell, Hill, Hilton, Holliman, Howard, Hunter, Insko, Jeffus, Johnson, C., Johnson, L., Jones, Justus, Kiser, LaRoque, Lewis, Lucas, McAllister, McComas, McGee, McLawhorn, Mitchell, Moore, Morgan, Munford, Nye, Owens, Parmon, Pate, Preston, Rapp, Ray, Ross, Sauls, Saunders, Setzer, Sexton, Sherrill, Starnes, Steen, Stiller, Sutton, Tolson, Walker, Warner, Warren, Weiss, West, Williams, A., Williams, K., Wilson, C., Wilson, G., Womble, Wright, Yongue
Noes:    Reps. Allred, Blackwood, Blust, Capps, Creech, Daughtry, Dockham, Ellis, Gulley, Holmes, Luebke, McHenry, McMahan, Rayfield, Rhodes, Stam, Walend, Wood


Details of the House budget

General Fund availability statement

 

 

 

 

 

 Unappropriated Balance from FY 2003-2004

$145,664,254

 

  Emergency Appropriation

(24,100,000)

 

  Projected Reversions from FY 2003-2004

198,300,000

 

  Projected Overcollections from FY 2003-2004

150,000,000

 

Beginning Unreserved Credit Balance

469,864,254

 

  Credit to Savings Reserve Account

(117,466,064)

 

  Credit to Repairs and Renovation Reserve

(100,000,000)

 

Adjusted Beginning Unreserved Credit Balance

252,398,190

 

Revenues Based on Existing Tax Structure

14,716,866,500

 

Nontax Revenues

 

 

  Investment Income

86,020,000

 

  Judicial Fees

136,730,000

 

  Disproportionate Share

100,000,000

 

  Insurance

53,900,000

 

  Other Nontax Revenues

261,517,607

 

  Highway Trust Fund Transfer

242,586,830

 

  Highway Fund Transfer

16,166,400

 

Subtotal Nontax Revenues

896,920,837

 

Total General Fund Availability

15,866,185,527

 

Adjustments to Availability:  2004 Session

 

 

Internal Revenue Code Conformity

(2,600,000)

 

Tobacco Payments Decline-Tobacco Trust Fund

(5,000,000)

 

Tobacco Payments Decline-Health/Wellness Trust Fund

(5,000,000)

 

Adjustment to 911 Wireless Fund

(3,720,573)

 

Reserve for Tax Law Revisions

(2,950,000)

 

Transfer from Fire Safety Loan Fund

250,000

 

Transfer from Veteran's Home Trust Fund

500,000

 

Transfer from IT Services Internal Service Fund

2,180,000

 

Subtotal Adjustments to Availability:  2004 Session

(16,340,573)

 

Revised General Fund Availability for 2004-2005 Fiscal Year

15,849,844,954

 
 

 

 

 

 

Change in appropriations from current budget levels
Amounts in parentheses indicate a reduction in funding from the current fiscal year  

 

 

Education

 

Community Colleges System Office

$28,407,571

Department of Public Instruction

127,395,755

University of North Carolina System

46,548,176

 

 

Health and Human Services

 

Department of Health and Human Services

 

Office of the Secretary

(7,440,839)

  Division of Aging

3,681,000

  Division of Blind Services/Deaf/HH

(30,000)

  Division of Child Development

1,925,000

  Division of Education Services

10,873

  Division of Facility Services

(450,000)

  Division of Medical Assistance

(81,879,913)

  Division of Mental Health

(10,713,000)

  Division of Public Health

4,696,000

  Division of Social Services

(5,011,948)

  Division of Vocation Rehabilitation

(1,479,294)

Total

(96,692,121)

 

 

Natural and Economic Resources

 

Department of Agriculture and Consumer Services

 75,538

Department of Commerce

 

  Commerce

1,161,000

  Commerce State-Aid

1,750,000

  NC Biotechnology Center

5,000,000

  Rural Economic Development Center

144,000

Department of Environment and Natural Resources

 

  Environment and Natural Resources

(218,339)

Department of Labor

364,216

 

 

Justice and Public Safety

 

Department of Correction

(11,444,276)

Department of Crime Control and Public Safety

3,414,793

Judicial Department

7,760,075

Judicial Department - Indigent Defense

10,500,000

Department of Justice

361,923

Dept. of Juvenile Justice/Delinquency Prevention

2,326,114

 

 

General Government

 

Department of Administration

2,448,330

Office of Administrative Hearings

90,476

Department of State Auditor

(200,000)

Office of State Controller

(99,429)

Department of Cultural Resources

5,622,311

Roanoke Island Commission

(32,731)

State Board of Elections

1,472,412

General Assembly

(779,579)

Office of the Governor

 

  Office of the Governor

(99,037)

  Office of State Budget and Management

148,427

  OSBM - Reserve for Special Appropriations

350,000

Department of Insurance

 

  Insurance

4,062,654

  Insurance - Volunteer Safety Workers' Comp.

(1,734,000)

Office of Lieutenant Governor

0

Department of Revenue

(2,161,737)

Rules Review Commission

(3,185)

Department of Secretary of State

(110,389)

Department of State Treasurer

 

  State Treasurer

424,708

  State Treasurer – Fire/Rescue Squad Retirement

370,000

 

 

Transportation

 

Department of Transportation

(228,056)

 

 

Reserves, Adjustments And Debt Service

 

Reserve for Compensation Increases

237,900,000

State Health Plan Reserve

(7,800,000)

Escheats Fund Repayment - Global Transpark

  19,654,487

Retirement System Payback

16,000,000

Salary Adjustment Fund

(376,576)

Job Development Incentive Grants Reserve

4,000,000

Senate Bill 100 Compliance

(11,813,949)

Mental Health, Developmental Disabilities and

 

  Substance Abuse Services Trust Fund

8,500,000

Debt Service

 

  General Debt Service

(83,648,480)

  Federal Reimbursement

460,432

 

 

Total Current Operations - General Fund

 $320,024,666

 Who Makes the Most?

Salaries of top state officials now and with proposed $1,000 raise, ranked by total income

 
  Office

Current Salary

With Raise

State Controller

$130,078

$131,078

State Chief Information Officer

130,000

131,000

Chairman, Employment Security Commission

129,913

130,913

Governor 

118,430

119,430

Chief Justice, Supreme Court

118,430

119,430

Chairman, Utilities Commission

116,405

117,405

Associate Justice, Supreme Court

115,336

116,336

Chief Judge, Court of Appeals

112,452

113,452

Judge, Court of Appeals

110,530

111,530

Judge, Senior Regular Resident Superior Court

107,527

108,527

Administrative Officer of the Courts

107,527

108,527

Lieutenant Governor

104,523

105,523

Attorney General

104,523

105,523

Secretary of State

104,523

105,523

State Treasurer

104,523

105,523

State Auditor

104,523

105,523

Superintendent of Public Instruction

104,523

105,523

Agriculture Commissioner

104,523

105,523

Insurance Commissioner

104,523

105,523

Labor Commissioner

104,523

105,523

Commissioner of Banks

104,523

105,523

Members of the Utilities Commission

104,523

105,523

Judge, Superior Court

104,523

105,523

Secretary of Administration

102,119

103,119

Secretary of Correction

102,119

103,119

Secretary of Crime Control and Public Safety

102,119

103,119

Secretary of Cultural Resources

102,119

103,119

Secretary of Commerce

102,119

103,119

Secretary of Environment and Natural Resources

102,119

103,119

Secretary of Health and Human Services

102,119

103,119

Secretary of Juvenile Justice / Delinquency Prevention

102,119

103,119

Secretary of Revenue

102,119

103,119

Secretary of Transportation

102,119

103,119

State Personnel Director

102,119

103,119

Assistant Administrative Officer of the Courts

98,216

99,216

Director, Museum of Art

95,240

96,240

Chief Judge, District Court

94,912

95,912

Chairman, Alcoholic Beverage Control Commission

92,946

93,946

Commissioner of Motor Vehicles

92,946

93,946

Judge, District Court

91,909

92,909

Executive Dir., NC Agricultural Finance Authority

90,470

91,470

Chairman, Parole Commission

84,871

85,871

Members of the Parole Commission

78,356

79,356

Executive Director, Agency for Public Telecomm.

78,356

79,356

 

 

 


 

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