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Senate | September 21, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order, sergeant at arms will close the doors, members will go to their seats, members and guests will please silent all electronic devices leading Senate in prayer is Reverend Peter Milner, senate chaplain, all members and guests will please stand. Let's bow our heads and pray. Lord and father of all creation we come to you and we thank you for gathering us. We thank you for setting all things in order, we thank you that it's your very nature to do that. You order beautiful creation, you take delight in that, now help us to remember that you aren't just sovereign over the plants and the leaves, you don't stop with creation, you order all things. You number our days, you number our hours, you fix your eyes on us your servants. And I pray that you will comfort, comfort your people, with this reality as in Jesus name we pray. Amen. Senator Page is recognized for a motion. Thank you Mr. President. The journal of Friday September 18th 2015 has been examined and is found to be correct. I move that the senate dispense with the reading of the journal and that it stand approved as written. Without objection, the journal for September 18th 2015 stands approved as written. Members leaves of the absence are granted for Senator Birmingham Brock, Newton, Belinger and Tillman. Members there is no nurse of the day today, so you're pretty much on your own, unless you're sitted next to one of our vetnerians, and then it's pretty much Mr. President. Senator Apodaca, for what purpose do you rise? Mr. President, House Bill 527, first bill on the calendar of the night. So we can get off to a fast start. Let's move that to the end of tonight's calendar please. Mr. President. That objection so ordered. Senator Rucho for what purpose do you rise? Sending forward a Finance Committee report. Send forward your report. Clerk will read. Senator Rucho for the Finance Committee, submits for passage House Bill 850 committee substitute number one, Eastern ban of Turkey, law enforcement, favorable house bill 539, unfavorable law as to bill but favorable as to senate committee substitute bill, title. Charter school funding. House bill 679 unfavorable as to bill but favorable to senate committee substitute bill title. UNC self liquidating projects. House bill 526 committee substitute number one favorable as to committee substitute number one but favorable as to senate committee substitute bill title Stanfield annexation locus be an excession. House bill 531 committee substitute number one unfavorable as for substitute bill number one

but favorable as to senate committee substitute bill title. Authorize Wayne County occupancy city tax. House bill 698 committee substitute number one unfavorable as to committee substitute bill number one but favorable as to senate committee substitute bill. Title New title, Baby Carlie Nugent Bill house bill 912 committee substitute number one, unfavorable committee substitute bill number one, but favorable senate committee substitute bill. [xx] Taxation of tribal land and tobacco products. Senate bill 647 unfavorable committee substitute bill number two, but favorable committee substitute bill number three. Members all our bills are just read in from the finance committee calendar Those who are ready to go to our calendar we'll start with the public bills, sent bill 279 before we read.   Sent bill 279 and then qualifications practice of pacts counselling. Third bill was recognized. Thank you Mr. President, members of the senate, this bill came back to us with a whole lot of changes in it, and I ask that you have vote and the act concur. Further discussion or debate? Hearing on question before the senate is the motion to concur in the house committee substitute senate bill 279 all in favor of the motion will vote aye, all opposed will vote no. The bills sponsor ask that you vote no five seconds be allowed for the voting, clerk will record the voting. 0 having voted in the affirmative and 43 in the negative Blue no 0 having voted in the affirmative and 44 in the negative, the motion is defeated and the house will be so notified. Conference report for adoption second reading roll call house bill 117 clerk will read. House bill 117 in search for peace to act  Senator Gunn is recognized to explain the motion. Thank you Mr president yes we have a great North Carolina peace act in front of you I would like to thank all the conferees for their hard to work and I really do think we put together a tremendous package that was worth a wait, there are seven areas I'm going to go through this as quickly as I can and then I'd be glad to answer any questions that I probably can't answer anyway. Part one is on the JD modification, it's going from 15 to 20 million, that will be spend 80% in the first part of the year, 50% and the secondary is a rollover provision. In addition to that there is a mega site provision that would add an additional 15 million for a mega site Sahayog project of 550 million and/or 1750 jobs. We have changed some of the reporting requirements and qualifications depending on your tear for each of those.

Part two has to do with the one NC this does not hurt anybody it's good for the whole state of North Carolina but it does help some of of rural communities by giving a three to one match, three state dollars to one local it will be a two for one for tier two and a one to one for tier three. The data center infrastructure act this is a bill that was filed at the beginning of the session that market has changed though you'll still have the big capital needs but what we have found is large data centers are now being divided up by tenants, and multiple users so we have changed some of the thresholds to get that sales tax exemption. Part four is a little more complicated sales tax related to aviation as you know we had the sunset on the interstate passengers air carriers we were actually going to expand what was existing effected January 1st 2016, the bill would exempt from sales tax, fuel sold to an interstate air business for use in a commercial aircraft. What that means is any  has broadened that to mean any commercial aircraft that is operating in our state will now receive that exemption. Now, for the common user just the private user, they will be still subject to the gasoline and jet fuel sales of 7%, however, just is like we do in our highway trust fund and where we take the money that is collected and put it back into our roads and all those things appropriate and they're going to pay this tax that we put that back to the municipal airports so that they can improve, repair and maintain their existing offices facilities, also effective October 1st, the bill will increase the sale tax rates on aircraft and tax qualified jet engines at our general rate of 4.75 with the maximum cap of 2500 mainly what this would do, is make us competitive to some of our manufacturers and jet engine and aircraft with our competitive states around us. There is an exemption now for motor vehicle service contract from sales tax as you remember we were taxing the service contracts for motor vehicles as you know in the budget we now are going to tax those services and those parts so there's really no need now for the service contracts themselves to be taxed. We also have extended the sales tax preference for motorsports parts and fuels this did not change it just extended to the year 2020, and finally the Department of Revenue has come to us and this is one of their high priorities for the year. This is the same bill that was originally in the Senate Bill 605 that passed here 46 to nothing, it allowed the department to be able to use additional information to enhance tax compliance efforts through the use of [xx] and to more effectively monitor and detect tax fraud. I'll be more than happy to answer any questions. Thank you once again to the conferees and I appreciate your support. Further discussion or debate? Senator Ford for what purpose you rise? See if Senator Gunn will yield for questions? Senator Gunn do you yield? I do. He yields. Thank you very much Mr. President. Senator Gunn, since [xx] is self funding, why do we have a cap? And if you take a look at our competing neighbors in other states either they don't have a cap or their cap is much larger. What my concern is that with the limited amount of jdec[sp?] money available, we are asking counties to compete with one another in a particular calendar year understanding that [xx] is self funding. The way I would answer that, thank you Senator Ford is [xx] is one of the tools in the tool box that we have in the state of North Carolina, not one single state can ever come up with the perfect formula. By raising an additional $5 million making it so we can go everywhere including Charlotte there is no exemption on that. The fact that we are looking at things moving forward, that healthy corporate rate, healthy single cells, obviously workforce development. I think quite frankly we have put together for the State of North Carolina an incredibly effective package and I think we can always go back and look at jaydec[sp?] just like we did this time, but I think for the time being I think with the input from all the stake holders we have had including the department of commerce, house of senate I think we are at a number that we should be able to attract business. Further discussion or debate. Mr President. [xx] for what purpose do you rise?

I do agree this is a very, to debate the bill. Sorry you have the floor. I do agree that this is an important bill and it's another direction in helping tax reform but to talk with Senator Ford a tax reform is trying to get rid of corporate welfare Senator Ford, and that JDEG is corporate welfare at its best and so what we try to do is find a way of finding a limit cap on it for the time being but continue moving the income tax and the corporate tax down as we could, so I hope you understand because I know you are strong supporter of stopping corporate welfare. Further discussion or debate. Hearing none, the question before the Senate is the motion to adopt the conference report to house bill 117. All in favor will vote aye, all oppose will vote no, five seconds will be allowed for the voting clerk to record the vote. Robert, aye 44 having voted in the affirmative and none in the negative the motion passes it's current reading, and will remain on the calendar. Members house bill 527 which is a bill that was placed on the end on the calendar as an abundance of caution we are going to vote that as a roll call bill, it doesn't show that on the calendar, but we are going to vote it as the roll call bill. So second reading roll call house bill 527 the clerk will read. House bill 527 [xx] local act. Senator McInnis is recognized. Thank you Mr president and ladies and gentlemen of the senate. I have an amendment that I like to bring forward and I believe it's already on the dash board. Clerk will read. Senator McInnis moves to amend the bill. Senator McInnis is recognized to explain the amendment. The amendment is purely technical in nature it just clarifies a couple of things, and also with the mayor of one particular election, and that's pretty much it very technical nothing. of substance in there other than technical changes. I ask for your support. Further discussion or debate on amendment one hearing none the question before the senate is the passage of amendment one to the senate committee substitute house bill 527. All in favor will vote aye opposed vote no. Five seconds be allowed for the voting the clerk will record the vote. Berger aye, 44 having voted in the affirmative and none in the negative the amendment passes and the bill is back before you Senator McInnis is recognized to explain the bill. Thank you Mr president again this is a bill that allow all the municipal areas of Stanly County North Carolina to hold their election in even numbered of years versus the current method of odd number of years this will be a significant savings to the county of Stanly also there's a portion in this bill that goes along clarifies both for county as being part of different rule and also the city of Roley to be able to sell certain assets and I do ask for your positive vote, I'll be glad to answer any question. Further discussion or debate? hearing none the question before the Senate is the passage of Senate committee substitute to house bill 527, all in favour will vote aye who don't vote no know five seconds be allowed for the voting clerk to record the vote. listen to Clark all. 44 having voted in the affirmative and none in the negative, the amendment will be engrossed and the bill will remain on the count. Introduction of pages will the pages come around for their introduction Pages serving at the chamber this week, Thomas Bar, Wennidy, Christian Beard Goldsboro, Emily Bray, Sanford, Jordan Chawk, Riley, Hannah Collin, Cary, Luke Finley,

Apex, Max Forest Riley, Anna Gregory, Ashboro, Anna Hobby, Riley, Blaine Hill, Apex, Ann Stager Kaycha, Cary Noah Curvey Riley, Anna Livingston Riley, Malcolm Livingston Riley, Malcom Livingston Riley, Maisy Meridus, Wake Forest, Hailey Picket, Riley Erin Prensno, Ashboro Shaster done. Avangale Way, Ashborough, Joshua Way Ashborough And we want to thank the pages for their willingness to come and serve the senate this week we hope you enjoy your week and I expect that you will be in position to teach your members many things that they don't already know. So thank you. Notices and announcements. Senator Pate for what purpose do you rise? Announcement of conferees. You have the floor. Senator Berger has appointed the following conferees on senate bills 279 amend qualifications practise of counselling Chair Senator Barefoot, members Senator Daniel, Senator Sanders, Senator Newton, Senator Curtis and Senator Krawiec. further notices or announcements the further bills has come before the senate? Hearing none Senator Payton is recognized for a motion. Thank you Mr President, I move that the senate be now adjourned subject of the standard stipulations set forth in the senate rule 24.1. The ratification of bills, the appointment conferees to receive a conference reports and committee reports and to receive of house messages to reconvene on Tuesday September 22nd 2015 at 2 pm. The motion is that the senate do now adjourn subject to the stipulations stated by Senator pate to reconvene on Tuesday September 22nd, 2015 at 2 PM seconded by Senator Ford all in favor will say aye, aye all opposed no, the ayes have it and the senate stands adjourned.