Tax on
Professional Services Unlikely
Stimulus Money for Yadkin Bridge?
Stimulus Audit Finds Dollars Unspent
Stimulus
Dollars For Restoration and Sedimentation Projects
Governor Perdue Announces 2010 Agenda
Last week the Joint House and Senate Finance Committee listened to a two hour presentation from Legislative fiscal staffers focused on broadening the sales tax base by levying a tax on additional services. Broadening the sales tax base is being seriously considered in an effort to decrease North Carolina’s dependence on the personal income tax and as a way to lower the overall sales tax rate on all services. Currently North Carolina taxes 35 services – at the low end of the 50 states that tax services.
The personal income tax, which makes up over half of the state’s revenue from taxes (56.4%) is very volatile making the revenue base more vulnerable in bad times. And, although sales tax (27.9%) is a more stable source of revenue than the income tax, it is also growing more volatile due to legislated exemptions i.e., food, changes in consumption patterns and cross border shopping. In order to keep the sales tax income at 1/3 of the base, the tax would have to increase or the number of services taxed would need to be broadened. Only 11 states have a higher sales tax rate than North Carolina.
The presentation focused on the impact of major categories of services being subjected to the tax including a very broad category of amusements to include tickets to events, personal property repair and maintenance, personal services and pet care, etc. as well as a tax on professional services. The data seemed to support the premise that services consumed mostly by households and individuals would be the most advantageous way to broaden the base rather than services consumed primarily by business.
For Professional Services which includes land surveying, accounting, bookkeeping, legal, architectural, engineering, dentists, doctors, labs and out of hospital nursing, the information presented indicated that MOST TAX EXPERTS DO NOT RECOMMEND TAXING PROFESSIONAL SERVICES BECAUSE THEY ARE PRIMARILY CONSUMED BY BUSINESS – OR A BUSINESS TO BUSINESS TRANSATION. This is considered to be inconsistent with the purpose of the sales tax and can lead to tax pyramiding. Other reasons for not considering a tax on professional services are that it may create an unlevel playing field for small businesses and corporations that have multiple offices in other states can simply source the service to the state that’s not going to tax it creating competitive disadvantage for in-state business. Only 5 other states impose a sales tax on architectural and engineering services – which were combined in this presentation.
The revenue impact of taxing architectural and engineering services is $62.3 million to the State and $26.2 million Local. Medical and Dentistry Services had, by far, the highest revenue impact at $700.7 million to the State and $295.0 million Local. However, staff pointed out that that because government was a large consumer of medical and dentistry services through the Medicaid and Medicare programs, the venue would be quite a big lower.
Senator Clark Jenkins made the same case for architectural and engineering services. Because government is a large consumer of architectural and engineering services, the revenue impact from taxing these services could also be far lower as the sales tax would not apply to services purchased by government. The tax on architectural and engineering services brought in the least amount of revenue than any of the other services in this category.
Because the committee did not get an opportunity to ask many questions during the lengthy presentation, it is too early to determine if taxing additional services will be considered during the upcoming legislative session that begins in May. However, based on the information presented, it appears unlikely that a tax on professional services is a threat now or anytime in the near future.
Stimulus Money for Yadkin Bridge?
Secretary of Transportation Gene Conti says word on the state's application to receive $300 million in federal stimulus money to replace an Interstate 85 bridge should come in the next two to three weeks. Conti, in an interview with The Insider on Thursday, said pending actions in Washington point to a decision in late January or February, although he is far from certain of how the decision will go. The state's request for funding to replace the aging bridge over the Yadkin River is among $57 billion in requests nationally for the discretionary transportation grants. Only $1.5 billion of the discretion grants will be awarded. Conti, though, said even without full funding for the project, a proposed second federal stimulus bill might help with its construction as well. "We're going to continue to work all the angles," Conti said. The Department of Transportation has classified the existing bridge over the river as structurally deficient and functionally obsolete. The state is also awaiting a decision from federal transportation officials on money for high-speed rail projects, including upgrading rails lines from Raleigh to Charlotte and Raleigh to Richmond. Conti sounded optimistic that discretionary awards to help pay for those projects would be forthcoming.(THE INSIDER, 1/15/10).
Stimulus Audit Finds Dollars Unspent
The state health and commerce departments need to do a better job overseeing the spending of federal stimulus dollars, state Auditor Beth Wood said in two reviews released Tuesday. In the state Department of Commerce, auditors found that the State Energy Office "has not received or expended any funds" from the $76 million in federal stimulus dollars it was awarded. Auditors found that the office had not updated updated its monitoring procedures for recipients of federally funded energy-related grants. In response, the agency says it has hired an internal auditor to perform that function. And only $3.1 million of the $131.9 million the state received to weatherize homes has been spent. Meanwhile, four other programs in the commerce department, awarded a total of $91.8 million, have received and spent only $23 million. In their review of the state Department of Health and Human Services, auditors found eleven programs overseen by the department that have spent only $23 million of the combined $308 million they have received. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
State agencies are required to account for federal recovery dollars separately from their routine allocations, Wood spokesman Dennis Patterson said. The purpose of the new series of audits, he added, is to ensure departments have adequate procedures to account for the flow of federal money. "We want oversight procedures in place that work," he said. Overall federal stimulus dollars received in North Carolina as of Dec. 10 totaled $7.45 billion, or $217 in funding per capita, public journalism Web site ProPublica reported. The N.C. per capita number was below the national average of $237 in statewide funding per capita, according to the group. ProPublica, in an effort to track the stimulus, updated its data with fresh information from Recovery.gov, the government's stimulus Web site. In addition, ProPublica says it researched "thousands of records the feds didn't include" to calculate its own figures.(Lee Weisbecker, TRIANGLE BUSINESS JOURNAL, 1/13/10).
Stimulus Dollars For Restoration and Sedimentation Projects
North Carolina is getting more than $6 million in federal stimulus money to reduce the chances of wildfires, help with the longleaf pine restoration projects and prevent sedimentation near forests from entering waterways, according to state officials. Brian Haines, a spokesman for the Division of Forest Resources, said the state is getting about $4.6 million from the American Recovery and Reinvestment Act of 2009 for fire hazard reduction. "It will result in actually saving taxpayers money," Haines said. It will accomplish that by making wildfires less likely, he said. Some estimates suggest that a 2008 wildfire in the eastern North Carolina counties of Hyde, Tyrrell and Washington cost $20 million. Some of the money will also be used to purchase equipment needed to clear brush that could fuel fires from the forests, Haines said. The division will also get $1.7 million to help pay for the Regional Longleaf Pine Restoration project at Bladen Lake Forest. "The longleaf pine at one time covered land from Virginia to eastern Texas," Haines said. The tree has been a big part of the state's and nation's economy, he said, helping in ship building. At the Bladen Lake Forest, foresters are trying to establish 700 acres for the tree's restoration.(Barry Smith, FREEDOM NEWSPAPERS, 1/13/10).
Gov. Bev Perdue on Wednesday announced her major policy priorities for the coming year – jobs and the economy, education, setting government straight, and keeping communities safe. Gov. Perdue’s goals in each of these areas will help North Carolina emerge from the economic recession stronger than before. Governor Perdue outlined her initiatives during speeches to the Charlotte Chamber and the Greensboro Partnership this week.
For Gov. Perdue, keeping and growing jobs in North Carolina is her No.1 priority – and she recognizes the need for North Carolina to focus its economic development efforts not only on large companies, but also on the small businesses that make up 98% of all state businesses.
During her address, she announced the launch of a statewide small business initiative called Biz Boost. Biz Boost will help small businesses apply for credit, work on staffing, manage cash, and reduced costs. It will give small businesses access to the same kind of outside talent that big businesses often use to help them adapt and grow. The initiative has been successfully piloted already in Charlotte and will be replicated statewide through the Department of Commerce and the NC Small Business and Technology Development Center (SBTDC).
Also, Gov. Perdue announced that during the spring legislative session she will propose tax incentives for small businesses that are born in North Carolina – create jobs in North Carolina – and stay in North Carolina.
“We must grow our own jobs and invest in our own businesses. We must strengthen the heart and soul of North Carolina’s economy: innovation and small business,” said Gov. Perdue.
In addition to her economic agenda, Gov. Perdue set out her agenda for education and government reform.
• Career and College –
Ready, Set, Go! will refocus our state’s public schools on a
single goal: every student, no matter where he or she live in North
Carolina, must graduate from high school with what it takes to
succeed in a career, in a two- or four-year college or technical
training.
•
Setting Government
Straight: Strengthening ethics policies, zero-tolerance for unethical
and illegal behavior, eliminating outdated programs and fighting
waste, fraud and abuse including cracking down on Medicaid fraud.
•
Keeping Communities Safe: continue taking steps to reform and
strengthen public safety.
“I pledge to take reform to the next level. We will set government straight by cracking down on corruption — strengthening ethics — and fighting waste, fraud and abuse,” said Perdue. “We will set government straight by tightening our belts and doing more with less — just like families and businesses are doing.”
Published by NCFEF Election News – January 14, 2010
At
a recent meeting with business leaders coordinated by the North
Carolina Free Enterprise Foundation, newly elected Senate Majority
Leader Martin Nesbitt (D-Buncombe) made no bones about the fact that
his top priority for 2010 is maintaining a Democratic majority in the
state Senate. Nesbitt expressed confidence that the Senate Democratic
Caucus could hold its 10-seat margin over Republicans, bolstered by
the fundraising prowess of Senate President Pro Tempore Marc Basnight
(D-Dare), who Nesbitt referred to as "the best political
fundraiser" he had ever seen.
Many longtime
political experts, however, are suggesting that 2010 could provide
the GOP its best opportunity to wrest control of the Senate chamber
for the first time since Reconstruction. Marginal approval ratings
for President Obama (48 percent according to both Public Policy
Polling (PPP) and the Civitas Institute) and low approval ratings for
N.C. Gov. Beverly Perdue (27 percent according to PPP and 32 percent
according to Civitas Institute) indicate substantial voter
dissatisfaction. The current state of the economy certainly is not
helping the situation and is unlikely to improve enough by the
November 2010 General Election to measurably improve public
sentiment.
With that in mind, we thought it would be an
opportune time to take a look at the 10 most competitive state Senate
races in 2008 and how they are shaping up for 2010. Without a doubt,
these districts are top targets for both Democrats and Republicans.
In each of these 10 seats, the 2008 victor won with less than 55
percent of the vote.
Senate District 5: The 2010
election for freshman Sen. Don Davis (D-Greene) is likely to resemble
his 2008 contest, since old rival, former Rep. Louis Pate (R-Wayne),
is seeking a rematch. Sen. Davis won the seat and replaced long-time
Sen. John Kerr (D-Wayne) with 52.9 percent of the vote. While this
district is, and will likely remain, competitive, it has a marked
Democratic lean. President Barack Obama (D), U.S. Senator Kay Hagan
(D) and Gov. Beverly Perdue (D) all won here in 2008. One data point
that may give Sen. Davis pause is the fact that less than 10 percent
of the district's voters reside in Greene County, Sen. Davis's home
county, while over 90 percent of voters live in the district's two
other counties, Pitt and Wayne.
Senate District 8 (OPEN
SEAT): Sen. R.C. Soles (D-Columbus) won this race in 2008 with 48.7
percent of the vote against Republican Bettie Fennell who captured
45.8 percent and Libertarian Rachel Joiner Merrill who took 5.5
percent. Sen. Soles, who has been indicted for shooting a man who
allegedly tried to break into his house, has announced that he will
not seek reelection in 2010. Democrats maintain a voter registration
advantage here, but voter performance is more representative of a
swing district. In 2008 voters overwhelmingly supported John McCain
(R) for President but stood behind Kay Hagan (D) for U.S. Senate and
Beverly Perdue (D) for Governor. Fennell is already campaigning, and
rumors are circulating that former Democratic Rep. David Redwine may
throw his hat in the ring. Redwine's candidacy would be particularly
attractive to Democrats, not only because of his political
experience, but also because he hails from Brunswick County, which
holds more than half the district's voters. Fennell resides in
Columbus County.
Senate District 9 (OPEN SEAT): Sen.
Julia Boseman (D-New Hanover) won her third term in this Senate seat
in 2008 when she bested Republican challenger Michael Lee by
capturing 51.7 percent of the vote. After Boseman announced that she
was not running in 2010, Republican candidates Lee and fellow
attorney Thom Goolsby quickly initiated their campaigns. No
Democratic challenger has made a formal announcement. Republican
voter registration in District 9 is at 34.2 percent (close to the 35
percent registration level that generally represents a level playing
field for Republicans), but it is the higher-than-average number of
unaffiliated voters at 27.5 percent that makes this race a toss up.
John McCain (R) beat President Obama by one-and-a-half points here in
2008, while Kay Hagan (D) handily won, and Beverly Perdue (D) topped
Pat McCrory (R) by two points.
Senate District 12:
Freshman Sen. David Rouzer (R-Johnston) narrowly defeated popular
Democrat Kay Carroll in what many considered to be one of the
anomalies of 2008 due to the closeness of this race. District 12
became an open seat when former Sen. Fred Smith left the Senate to
run for Governor. Although GOP candidates for president, U.S. Senate
and governor all won with 15-point margins or more in District 12,
Rouzer only beat Carroll with 51.9 percent of the vote. While the
right Democrat could give Rouzer a run for his money, the 38.4
percent Republican registration of this district suggests that a
Democratic victory here would be unlikely.
Senate
District 15: Sen. Neal Hunt (R-Wake) beat Republican-turned-Democrat
Chris Mintz in 2008 with 52.8 percent of the vote to earn his third
term in the Senate representing District 15. In this competitive Wake
County seat, voter registration currently stands at 36.4 percent
Democrat and 36.4 percent Republican, while 27.1 percent of voters
are unaffiliated. Marquee match-ups in this district are almost
always nail-bitters. President Obama (D) won here with 50.2 percent
of the vote, Kay Hagan (D) with 49.7 percent, and Pat McCrory (R)
with 52.3 percent.
Senate District 24: Sen. Tony
Foriest (D-Alamance) represents a district that has seen, and will
undoubtedly continue to see, very close elections. In 2008 Sen.
Foriest won reelection to his second term with 52.5 percent of the
vote over challenger Rick Gunn, who has announced plans for a rematch
this year. Democrats hold a notable voter registration advantage
here, but historic voter performance makes this a swing district. In
2008, John McCain (R) won this district with 53.3 percent of the
vote, while both Kay Hagan (D) and Beverly Perdue (D) narrowly
defeated their Republican opponents.
Senate District 43
(OPEN SEAT): In 2008, Sen. David Hoyle (D-Gaston) was the only
Democrat on the General Election ballot in Gaston County who captured
more votes than his Republican opponent (non-partisan races
excluded). He barely defeated Republican challenger Kathy Harrington
with 51.5 percent of the vote. Hoyle has announced that he will
retire at the end of 2010 after serving nine terms in the Senate.
Both Harrington and current Rep. Wil Neumann (R-Gaston) have
expressed their intentions to run for this Republican-leaning seat.
Republican voter registration in the district stands at 37.9 percent,
making this the most likely Senate seat to switch from Democrat to
Republican in 2010, especially considering that Democrats will not
enjoy the advantage of incumbency.
Senate District 45:
The fact that Sen. Steve Goss (D-Watauga) took 53.9 percent of the
vote in this district is impressive given Republican voter
registration here is 43.7 percent, compared to only 32.5 percent for
Democrats. In the 2008 Presidential, U.S. Senate, and gubernatorial
elections, Republican candidates won by at least 10 percentage
points, and in some cases much more. Sen. Goss, who hails from
Watauga County, home to 40 percent of the district's voters, is now
serving his second term in the Senate, demonstrating his ability to
get elected in District 45. He currently has only one announced
challenger, Republican Dan Soucek, a retired Army pilot who works
with Samaritan's Purse.
Senate District 46: Sen. Debbie
Clary (R-Cleveland) won her first term in the state Senate in 2008
with 50.5 percent of the vote after serving seven terms in the state
House. She defeated Democrat Keith Melton in an open seat formerly
held by current Lt. Gov. Walter Dalton (D). Republican registration
is at 32 percent, and Republicans easily won here in the 2008 races
for President and Governor, and Elizabeth Dole (R) bested Kay Hagan
(D) by a narrow margin for U.S. Senate.
Senate District
47: After see-sawing back and forth between Republicans and
Democrats, Sen. Joe Sam Queen (D-Haywood) was able to hold District
47 for his second consecutive term, and third term overall, in 2008.
He beat a familiar foe, former Sen. Keith Presnell, with 53.6 percent
of the vote. Sen. Queen's election was one of the bright spots for
Democrats in a district where Republicans won races for President,
U.S. Senate, Governor, and most other statewide offices. Geography
may play a larger role in this district than others due to the fact
the 47th District includes all or part of six mountain counties
(Avery, Haywood, Madison, McDowell, Mitchell, and Yancey). Sen. Queen
hails from the most populous part of the district, Haywood County,
which contains 31 percent of the district's voters. At last count,
three Republicans are vying to challenge Sen. Queen in this toss up
district.
For more information on these and other
races, visit NCFEF’s Election's Page at www.ncfef.org.