Budget Accord Sends Session Rushing Toward Adjournment

With just two days before the end of the fiscal year, House and Senate leaders compromised on the remaining items in dispute between their spending plans for the budget year starting July 1 and made plans to adjourn soon after the July 4th holiday. It's the second year in a row lawmakers completed a budget on time after a string of missed deadlines.

The breakthrough came Thursday just a day after the Senate's lead budget conferee, Appropriations Co-chair Fountain Odom (D-Mecklenburg) said the chambers were “at loggerheads” over pay raises for state employees, how much money to set aside for environmental protection and how to protect against an imminent surge in state employees health plan costs.

They split the baby on raising state workers' pay. The House wanted 5 percent, the Senate proposed 3 percent and they settled on 4.2 percent -- a 2.2 percent COLA and a 2 percent “career growth” increase. Plus they will get a one-time $500 bonus that will cost about $90 million, but next budget year that amount is earmarked as a hedge against rising costs in the state health plan.

Other compromises: As the Senate proposed, the deal forgives the loan the state gave to the N.C. Railroad last year to buy out private shareholders, plus it allows the NCRR to keep the $11 million it earns in annual lease payments from CSX but it must use the money for track improvements. The House was willing to forgive $11 million of the loan. The House dropped its plan to cut $2.7 million from UNC Hospitals and the Senate agreed to restore $3.3 million cut it made in funding for a program to help school systems hire central office staff.

The compromise deal was officially presented to the conference committee late Friday morning and was on track to reach the full House and Senate later in the afternoon, with 12 hours to spare before the end of the fiscal year. Tidying up the session will take a few more days. House Speaker Jim Black (D-Mecklenburg) thought they would wrap up the week of July 10. He and Senate President Pro Tem Marc Basnight (D-Dare) set a schedule that calls for legislators to take Monday off and come back for a brief session on Tuesday, the 4th.

The big push toward adjournment will start Wednesday, the 5th, when committee chairmen will start indefinitely postponing, and thereby killing, hundreds of pieces of pending legislation. By next week's issue of the Legislative Bulletin, we should have a clearer picture of exactly what bills passed and which didn't. Watch for that wrap-up edition.

Wicker Says Goodbye to the Senate
Family comes first, Lt. Gov. Dennis Wicker (left) said Wednesday when he announced that he wouldn't be around to preside over the final days of the short session because of his family's vacation plans. Wicker, who has presided over the Senate for the past eight years, was soundly defeated by Attorney General Mike Easley in the Democratic gubernatorial primary. He said his son, who attends a year-round school in Lee County, will be starting school July 12, and the next several days was the only time the whole family could get away for vacation. Here are some of the comments he made in his official goodbye to the Senate: "Thanks to you and others before you, we are moving ahead and are known as a state that is reaching out and leading the country in progress. What I want you to know is that today, I am as optimistic and excited about our state as I have ever been." He received a standing ovation from senators and the gallery.

House Panel Approves New Tax Credits for Brownfields
The House Finance Committee on Tuesday amended and favorably reported a bill creating a tax credit for owners of brownfields. The measure, H 1639 Brownfields Tax Incentive, sponsored by Sen. Fountain Odom (D-Mecklenburg), says a brownfield will be have 90 percent of its value excluded from local property taxes during the first year of the project, declining to a 10 percent exclusion during the fifth year. This measure creates a partial tax exemption for the first five taxable years for property in any brownfields agreement reached with the state Department of Environment and Natural Resources after July 1, 2000. The qualified property under this agreement includes abandoned, idled, or underused property, at which expansion or redevelopment is hindered by potential state or locally mandated remediation of environmental contamination. Under a brownfields agreement, the state provides the prospective developer with a covenant not to sue, contingent upon the developer conducting actions outlined in the agreement, including the cleanup of environmental contamination, prevention of future contamination, and modifications that would maximize benefit for the public. There are currently three completed brownfields agreements and six agreements signed and pending. Seventeen other brownfields applications have been filed.DENR staff believe that the tax incentive will serve as an effective means of attracting additional brownfields site developers, as well as providing an incentive for pending agreements to proceed at a more rapid pace. The tax exemption only extends to the tax appraised value of qualifying improvements upon the site, not the value of the entire site. DENR staff and county tax assessors have said the additional property tax revenue provided by improvements to brownfield sites will be far greater than the combined tax loss over the five-year partial exemption period. The Senate Finance Committee on Tuesday also approved these bills:

* S 1544 Tourist Directional Sign Program, sponsored by Sen. Linda Garrou (D-Forsyth), a Senate-passed bill intended to help the state's travel and tourism industry by erecting more highway signs directing tourists to various attractions. It directs the state DOT to erect the signs but limits placement of them to highways other than fully controlled access highways and to rural areas in and around municipalities with population less than 25,000. The measure received second-reading approval by the full Senate on Wednesday.

* S. 1318 Amend Bill Lee Act Tier Designations, sponsored by Sen. Walter Dalton (D-Rutherford), a Senate-passed bill that amends existing law to provide that a Tier 2 county may not be redesignated as a higher-numbered enterprise tier area until it has been an in its enterprise tier one area for at least two consecutive years. The measure received second-reading approval by the full Senate on Wednesday.

* S. 1381 Reallocate Water Bond Funds, sponsored by Sen. John Kerr (D-Wayne), a Senate-passed bill which transfers some of the $800 million in water and sewer bonds approved by voters in 1998 from loans into grants for some small towns.

House Panel Approves Rural Internet Access Authority
The House Ways & Means Committee on Tuesday favorably reported a Senate-passed bill, S. 1343 Rural Internet Access Authority sponsored by Sen. Eric Reeves (D-Wake), creating a new state agency by that name to help bring high-speed Internet access service to rural areas of the state. The Microelectronics Center of North Carolina, a private concern originally started with state grants, has offered to give $30 million to the Rural Internet Access Authority, money it gained from the sale of a spin-off.Names in the News

Cherokees Go on War Path Over Ban on Video Poker Machines
The Senate on Tuesday voted 44-4 to pass a bill outlawing video poker machines and other video games of chance in the state. But the Senate quickly backtracked Wednesday and recalled the bill from the House when leaders of the Eastern Band of Cherokee Indians, which has the machines in the casino on its reservation, showed up in town to protest. Senate President Pro Tem Marc Basnight said he never intended to harm the Cherokees. The bill was rewritten to allow the Cherokees to continue operating video power machines. Another amendment says it won't be illegal to manufacture and assemble video poker machines in the state because there is one already doing that here. The measure, S. 1542 Video Poker Machines Illegal, originally would have limited to three the number of video poker machines that any one establishment could have, but was rewritten in committee to specify a complete ban. Officials estimate there are more than 20,000 machines already in use in the state. Interest in video poker machines arose because South Carolina has banned the machines, and legislators worried that the machines would be moved across the state line. As amended, the measure sponsored by Sen. Allen Wellons (D-Johnston), gives businesses until Dec. 1 to remove the machines. Cherokee leaders told Basnight that the ban would cost the tribe $50 million a year in lost revenue.


Bill Lee Act Changes Expected To Be Signed Into Law
The Senate on Tuesday gave final approval to a House-passed bill revising the state's major economic development law to extend tax credits to a Gaston County manufacturing plant and a Midway Airlines maintenance facility at Raleigh-Durham International Airport. Gov. Jim Hunt is expected to sign the measure into law shortly. The measure, H. 1560 Modify Bill Lee Act, sponsored by Rep. Gordon Allen (D-Person), gives Buckeye Technologies 17 years instead of 12 to carry forward investment credits for a $100 million plant that will produce diapers and feminine hygiene products. The measure also subjects companies seeking grants from the Industrial Recruitment Competitiveness Fund to a wage test and extend the maximum state low-income housing tax credit for four years in 26 counties that were impacted by Hurricane Floyd.


Charlotte Quick-Take Condemnation Bill Advances
The House on Wednesday gave final approval to a bill giving Charlotte quick-take condemnation authority to speed develop of an industrial park on Wilkinson Boulevard, a major road from Charlotte-Douglas Airport into downtown. The measure, H. 1647 Charlotte Economic Development Quick Take sponsored by Rep. Ed McMahan (R-Mecklenburg), attracted opposition but was passed on a 65-46 vote. The measure is supported by the Charlotte Mecklenburg Development Corp., a non-profit venture formed by the Charlotte Chamber of Commerce, the city and the county. They initially asked for condemnation authority over 450 to 500 acres, but that was reduced to 200 acres because of opposition from property owners.The House on Wednesday also approved a Senate-passed bill, S. 1263 Charlotte Wheel Locks Allowed, sponsored by Sen. Charles Dannelly (D-Mecklenburg), which authorizes police in the Queen City to use the Denver boot.


Toll Roads Bill Gets Sidetracked
Hoping to salvage the measure from likely defeat, the House Finance Committee brought back up legislation to allow the first toll roads in the state, including ones owned by private developers, but amended the measure to specify that only one private toll road could be built as a demonstration project. Further, the state wouldn't be able to use its imminent domain power to condemn land for a private toll road, the revised version of the bill, H. 1630 Toll Roads, says after it was favorably reported Wednesday by the committee. House leaders said they had weakened the bill as much as possible to overcome opposition. Senate leaders said that, without condemnation powers, the measure would be useless.


New Laws on the Books

* H 133 Exempt Bill Disabled Veteran Vehicles. Exempts from property tax modified motor vehicles owned by disabled veterans who are eligible for federal special equipment allowances. Effective for taxes imposed for taxable years beginning on or after July 1, 2000.

* H 1326 Dry-Cleaning Solvent Cleanup Amendments. Designates the state sales tax revenue from dry-cleaning and laundry services to the dry-cleaning solvent cleanup fund; increases the state sales tax on dry-cleaning solvents; amends the dry-cleaning solvent cleanup act of 1997 to repeal the requirement of financial responsibility for dry-cleaning facilities and wholesale dry-cleaning solvent distribution facilities; allows the Environmental Management Commission to enter into contracts with private contractors for assessment and remediation activities at dry-cleaning facilities and wholesale dry-cleaning solvent distribution facilities; directs the secretary of Environment and Natural Resources to study the use of dry-cleaning solvents in North Carolina. Different sections of the act become law at various times. The remainder of the act is effective June 26, 2000.

* H 1573 Health Care Facility/Continuing Care Retirement Center Tax Exempt. Clarifies the property tax treatment of a health care facility undertaken by the Medical Care Commission pursuant to the Health Care Facilities Finance Act and extends the sunset on the property tax exemption for continuing care retirement centers. Section 1 of the act becomes effective Oct. 1, 2000 and applies to bonds or notes issued on or after that date. Section 2 becomes effective July 1, 2000. The remainder of the act is effective June 26, 2000.

* H 1545 Excise Tax On Timber Contracts. Clarifies that the excise tax on conveyances applies to timber deeds and contracts for the sale of standing timber. Effective July 1, 2000.

* H 1577 Bullhead Mountain State Natural Area. Authorizes the addition of bullhead mountain state natural area to the state parks system, as recommended by the environmental review commission. Effective June 22, 2000.


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