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Murphy's Laws

February 22, 1995

During Wendell Murphy's 10 years as a legislator, the General Assembly passed a series of laws offering various advantages to hog producers, particularly corporate producers. Murphy voted "yes" on all those laws, and he had a hand in sponsoring some of them.


Senate Bill 488 -- Sales tax exemption

Sponsor:
Aaron W. Plyler; Harold W. Hardison, 12 others
Introduced:
May 8, 1985
Content:
Exempted from sales tax all materials used for repairing, building or
improving a structure used for housing, raising, or feeding livestock or
poultry, or for housing equipment necessary for these activities.
Ratified:
July 11, 1986.
Murphy vote:
Yes.
Effect:
Fiscal Research Division estimated tax loss to state and local
governments in 1985-86 at $737,550. Annual cost today, due to inflation,
sales-tax increases and hog-house building boom, would be substantially
higher.

Senate Bill 93 -- Gas tax exemption

Sponsor:
Aaron W. Plyler; Harold W. Hardison and six others
Introduced:
March 8, 1985
Content:
Cut the cost of gas burned by feed delivery trucks by 3 to 4 cents a
gallon. The rationale was that feed delivery trucks should not have to pay
highway use taxes on fuel burned while they were unloading.
Ratified:
July 9, 1985
Murphy vote:
Yes.
Effect:
The General Assembly's Fiscal Research Division estimated the cost of
this provision at $200,000 a year in fuel taxes.

House Bill 519 -- Inspection fee exemption

Sponsor:
Robert L. McAlister; Wendell H. Murphy; 14 others
Introduced:
April 9, 1987
Content:
Murphy proposed, and the House Appropriations Committee adopted, a
substitute that exempted the biggest of the hog corporations from paying the
12-cent state inspection fee on each ton of ingredients purchased for their
own use.
Ratified:
July 5, 1988.
Murphy vote:
Yes.
Effect:
General Assembly already had exempted ingredients purchased by
corporate hog and poultry farms and supplied to contract farmers who raise
their animals. This law exempts ingredients used by the big corporations to
feed hogs raised by their own employees.

Senate Bill 853 -- Sales tax exemption #2

Sponsor:
Harold W. Hardison
Introduced:
May 5, 1987
Content:
Eliminated sales tax on livestock and poultry house equipment and
equipment used in constructing the houses.
Ratified:
Aug. 12, 1987.
Murphy vote:
Yes.
Effect:
Fiscal Research Division estimated annual revenue loss for 1987-88 at
$200,000 to $225,000. Loss would be substantially higher now for three
reasons: the total state and local sales tax has increased to 6 percent from 4
percent; inflation, totaling 25 percent; and the explosive growth of the hog
industry.

Senate Bill 1645 -- Property tax exemption

Sponsor:
Dennis J. Winner; A.D. Guy
Introduced:
June 13, 1988
Content:
Eliminated local property taxes on feed used in the production of
livestock and poultry.
Ratified:
July 5, 1988.
Murphy vote:
Yes on amendment that eliminated the property tax on feed.
Effect:
Murphy's company owns several feed mills. The largest one, called "The
Chief," is able to grind 25 railroad cars of corn a day. According to a 1993
company publication it has storage capacity for about 1.6 million bushels of
corn worth more than $3 million. Inside the mill will be storage space for
4,000 tons of other ingredients plus storage space for 4,000 tons of feed.
this bill exempted all of those feed stuffs from property tax.

Senate Bill 148 -- Zoning exemption

Sponsor:
James D. Speed; Wendell H. Murphy; two others
Introduced:
Feb. 20, 1991.
Content:
The General Assembly had never allowed counties to zone a "bona
fide" farm, but it had not defined bona fide farm. This bill did that. It
said bona fide farm purpose included the production of livestock [swine] and
poultry.
Ratified:
May 6, 1991
Murphy vote:
Yes
Effect:
Counties may not use zoning authority to restrict hog farms.

Senate Bill 386 -- Weakened environmental penalties

Sponsor:
Dennis J. Winner and George B. Daniel; 16 co-sponsors.
Introduced:
April 1, 1991
Content:
When the bill was being considered by the Senate Committee on
Environment and Natural Resources Murphy asked for, and got, an amendment that
exempted poultry and hog farms, including his own.
Ratified:
June 26, 1991.
Murphy vote:
Yes.
Effect:
Murphy's amendment would have crippled the state's ability to penalize
hog farms that discharge hog manure into streams. A subsequent House amendment
imposed a $5,000 penalty.

Senate Bill 669 -- Provides lobbying money

Sponsors:
James D. Speed; 21 others.
Introduced:
April 17, 1991.
Content:
Allowed the N.C. Pork Producers Association Inc., with the permission
of pork producers, to collect a 1 cent a hog levy. That levy amounted to
$85,071 last fiscal year.
Ratified:
July 9, 1991
Murphy vote:
Yes.
Effect:
This provides the association with money that can be used to lobby
state legislators, fight lawsuits, and other purposes prohibited with money
derived from a federal checkoff.

House Bill 33 -- Hampers envrionmental efforts

Sponsor:
Vernon G. James; four co-sponsors
Introduced:
Feb. 3, 1993
Content:
Titled, "An act to allow the limited disclosure of veterinary
medical records in the Department of Agriculture,"this bill did just the
opposite -- it gave the department a way to deny access to its records.
Ratified:
March 10, 1993
Vote:
Murphy was out of office in 1993, but James E. Stocker, an executive of Murphy
Farms, opposed release of state agricultural records giving locations and
sizes of hog farms.
Effect:
State environmental researchers studying the effect of hog farms on
water quality have been blocked from obtaining and using agriculture
department records including information on hog farm sites and sizes.

Sources: General Assembly library; Department of Revenue; UNC Institute of Government; Department of Agriculture


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