GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   D

HOUSE DRH50898-MC-268E  (05/06)

 

 

 

Short Title:        Extend Various Economic Incentives Sunsets.

(Public)

Sponsors:

Representatives Owens and Gibson (Primary Sponsors).

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT TO EXTEND THE SUNSET OF VARIOUS ECONOMIC INCENTIVES and to provide an enhanced incentive for jobs in high unemployment counties.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 105-129.16D(d) reads as rewritten:

"§ 105-129.16D.  Credit for constructing renewable fuel facilities.

(d)        Sunset. - This section is repealed effective for facilities placed in service on or after January 1, 2011.2014."

SECTION 2.  G.S. 105-129.16E(d) reads as rewritten:

"§ 105-129.16E.  Credit for small business employee health benefits.

(d)        Sunset. - This section expires for taxable years beginning on or after January 1, 2010.2014."

SECTION 3.  G.S. 105-129.16F(b) reads as rewritten:

"§ 105-129.16F.  Credit for biodiesel producers.

(b)        Sunset. - This section is repealed for taxable years beginning on or after January 1, 2010.2014."

SECTION 4.  G.S. 105-129.75 reads as rewritten:

"§ 105-129.75.  Sunset.

This Article expires January 1, 2011,2014, for rehabilitation projects for which an application for an eligibility certification is submitted on or after that date."

SECTION 5.  G.S. 105-129.82(a) reads as rewritten:

"(a)       Sunset. - This Article is repealed effective for business activities that occur on or after January 1, 2011.2014."

SECTION 6.  G.S. 105-163.015 reads as rewritten:

"§ 105-163.015.  Sunset.

This Part is repealed effective for investments made on or after January 1, 2011.2014."

SECTION 7.  G.S. 105-164.14 reads as rewritten:

"§ 105-164.14.  Certain refunds authorized.

(a1)      Passenger Plane Maximum. - An interstate passenger air carrier is allowed a refund of the net amount of sales and use tax paid by it in this State on fuel during a calendar year in excess of two million five hundred thousand dollars ($2,500,000). The "net amount of sales and use tax paid" is the amount paid less the refund allowed under subsection (a) of this section. A request for a refund must be in writing and must include any information and documentation the Secretary requires. A request for a refund is due within six months after the end of the calendar year for which the refund is claimed. The refund allowed by this subsection is in addition to the refund allowed in subsection (a) of this section. This subsection is repealed for purchases made on or after January 1, 2011.2014.

(l)         Aviation Fuel for Motorsports Events. - A professional motorsports racing team or a motorsports sanctioning body is allowed a refund of the sales and use tax paid by it in this State on aviation fuel that is used to travel to or from a motorsports event in this State, to travel to a motorsports event in another state from a location in this State, or to travel to this State from a motorsports event in another state. For the purposes of this subsection, a "motorsports event" includes a motorsports race, a motorsports sponsor event, and motor sports testing. A request for a refund must be in writing and must include any information and documentation the Secretary requires. A request for a refund is due within six months after the end of the State's fiscal year. Refunds applied for after the due date are barred. This subsection is repealed for purchases made on or after January 1, 2011.2014.

.…"

SECTION 8.  G.S. 105-129.81 is amended by adding a new subdivision to read:

"§ 105-129.81.  Definitions.

The following definitions apply in this Article:

(11a)    High unemployment county. - For the taxable years ending on December 31, 2011, and December 31, 2012, a county that has an unemployment rate equal to or greater than one hundred twenty-five percent (125%) of the State average unemployment rate, as determined by the Secretary of Commerce annually in the development tier ranking published pursuant to G.S. 143B-437.08.

.…"

SECTION 9.  G.S. 105-129.87(a) reads as rewritten:

"(a)       Credit. - A taxpayer that meets the eligibility requirements set out in G.S. 105-129.83 and satisfies the threshold requirement for new job creation in this State under subsection (b) of this section during the taxable year is allowed a credit for creating jobs. The amount of the credit for each new job created is set out in the table below and is based on the development tier designation of the county in which the job is located. If the job is located in an urban progress zone or an agrarian growth zone, the amount of the credit is increased by one thousand dollars ($1,000) per job. In addition, if a job located in an urban progress zone or an agrarian growth zone is filled by a resident of that zone or by a long-term unemployed worker, or if a job is located in a high unemployment county, the amount of the credit is increased by an additional two thousand dollars ($2,000) per job.

Area Development Tier                    Amount of Credit

Tier One                                             $12,500

Tier Two                                                 5,000

Tier Three                                                  750"

SECTION 10.  Sections 8 and 9 of this act are effective for taxable years beginning on or after January 1, 2010.  The remainder of this act is effective when it becomes law.