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MINUTES OF THE

HOUSE REVENUE AND TAXATION

STANDING COMMITTEE

Room W135 - West Office Building, State Capitol Complex


                     February 19, 2007

MEMBERS PRESENT:     Rep. John Dougall, Chair
                Rep. Craig A. Frank, Vice Chair
                Rep. Roger Barrus                            
                Rep. Tim M. Cosgrove
                 Rep. Wayne A. Harper                      
                 Rep. Gregory H. Hughes
                Rep. Christine Johnson
                Rep. Bradley G. Last                 
                Rep. Roz McGee
                 Rep. Carol Spackman Moss                           
                 Rep. Merlynn T. Newbold                         
                Rep. Gordon E. Snow                 
                Rep. Carl Wimmer
                                 
MEMBERS ABSENT:      Rep. Ron Bigelow
                 Rep. Aaron Tilton                 

STAFF:            Bryant Howe, Assistant Director
                Rosemary Young, Secretary
                    
Note:    A list of visitors and a copy of handouts are filed with the committee minutes.

Rep. Frank called the meeting to order at 8:20 a.m.

MOTION:    Rep. Dougall moved to approve the minutes of the February 15, 2007 meeting. The motion passed unanimously with Rep. Cosgrove, Rep. Harper, Rep. Hughes, and Rep. Johnson absent for the vote.

H.B. 161    Corporate Franchise and Income Tax Credits Relating to Biodiesel or Syngas Production (Rep. M. Noel)

MOTION:    Rep. Barrus moved to delete in title and body H.B. 161 and replace it with 2nd Substitute H.B. 161. The motion passed unanimously with Rep. Cosgrove, Rep. Harper, Rep. Hughes, and Rep. Johnson absent for the vote.

Rep. Noel introduced the bill and explained it to the committee.

MOTION:    Rep. Wimmer moved to transmit the bill with a favorable recommendation. The motion passed unanimously with Rep. Harper absent for the vote.



S.B. 260    Property Tax - Definition of Goodwill (Sen. W. Niederhauser) (Rep. C. Frank)

Rep. Dougall assisted by Mark Buchi, Tax Review Commission, introduced the bill and explained it to the committee. Sen. Niederhauser assisted in answering questions. Commissioner Mark Johnson, Utah State Tax Commission spoke in favor of the bill.

MOTION:    Rep. Dougall moved to transmit SB260 with a favorable recommendation. The motion passed unanimously with Rep. Harper absent for the vote.

MOTION:    Rep. Dougall moved that SB 260 be placed on the consent calendar. The motion passed unanimously with Rep. Harper absent for the vote.

MOTION:    Rep. Dougall moved to saunter for two minutes. The motion passed by voice vote.

1st Sub. S.B. 13    Tax Credits for Alternate Power Generation (Sen. H. Stephenson) (Rep. M. Noel)

MOTION:    Rep. Dougall moved to substitute in title and body 1st Sub. S.B. 13 and replace it with 3rd Substitute S.B. 13, Tax Incentives for Alternate Power Generation, and to amend the bill as follows:

1.    Page 5, Lines 119 through 125 :    

             119          (iii) If a business entity sells a residential unit to an individual taxpayer before making
             120      a claim for the tax credit under this Subsection (2)(a), the business entity may:
             121          (A) assign its right
{   to this tax credit   } to the individual taxpayer; and

             122          (B) if the business entity assigns its right
{   to the tax credit   } to an individual taxpayer

             123      under Subsection (2)(a)(iii)(A), the individual taxpayer may claim the
{   tax credit as if the

             124      individual taxpayer had completed or participated in the costs of the residential energy system
             125      under Section 59-10-1014  
}
  payment allowed by Section 59-12-104.6       .


The motion passed unanimously with Rep. Harper, Rep. Hughes, Rep. McGee, and Rep. Newbold absent for the vote.

Rep. Noel and Sen. Stephenson assisted by Shelly Cordon-Teuscher, UPC Wind, introduced the bill and explained it to the committee. Chris Parker, Office of Legislative Research and General Counsel, spoke to the bill.



MOTION:    Rep. Wimmer moved to transmit 3rd Sub. S.B. 13 as amended with a favorable recommendation. The motion passed unanimously with Rep. Harper and Rep. McGee absent for the vote.

H.B. 415    Real Estate Related Transactions and Regulation (Rep. J. Dougall)


MOTION:    Rep. Dougall moved to substitute in title and body H.B. 415 and replace it with 1st Substitute H.B. 415. The motion passed unanimously with Rep. Harper and Rep. McGee absent for the vote.

Rep. Dougall assisted by Brian Brunson, Real Estate Broker, introduced the bill and explained it to the committee.

1st Sub. S.B. 171    Research Activities Tax Credit Amendments (Sen. H. Stephenson) (Rep. J. Dougall)

1st Sub. S.B. 171 was not heard in this meeting.

1st Sub. S.B. 203    Disclosure of Property Tax Information (Sen. H. Stephenson) (Rep. W. Harper)

1st Sub. S.B. 203 was not heard in this meeting.

1st Sub. S.B. 74    Penalties Relating to Taxes, Fees, or Charges (Sen. H. Stephenson) (Rep. J. Dougall)

1st Sub. S.B. 74 was not heard in this meeting.

MOTION:    Rep. Snow moved to adjourn. The motion passed with Rep. Cosgrove, Rep. Dougall, Rep. Frank, and Rep. Wimmer voting in opposition and Rep. Harper and Rep. McGee absent for the vote.

Rep. Frank adjourned the meeting at 9:30 a.m.






                            __________________________
                            Rep. John Dougall, Chair