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February 2, 2009
MEMBERS PRESENT: Rep. Todd Kiser, Chair
Rep. Gage Froerer, Vice Chair
Rep. Sheryl Allen
Rep. Tim M. Cosgrove
Rep. John Dougall
Rep. Susan Duckworth
Rep. Julie Fisher
Rep. Wayne Harper
Rep. Greg Hughes
Rep. Christine Johnson
Rep. Carol Spackman Moss
Rep. Merlynn T. Newbold
Rep. Stephen Sandstrom
Rep. Jennifer Seelig
Rep. Evan Vickers
MEMBERS ABSENT: Rep. Eric Hutchings
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. Kiser called the meeting to order at 8:09 a.m.
MOTION: Rep. Fisher moved to approve the minutes of the January 29, 2008 meeting. The motion passed unanimously with Rep. Dougall, Rep. Moss and Rep. Sandstrom absent for the vote.
H.B. 35 Nonrefundable Higher Education Tuition Credit (Rep. J. Dougall)
MOTION: Rep. Dougall moved to substitute H.B. 35 Nonrefundable Higher Education Tuition Credit with 1st Substitute H.B. 35 Higher Education Tax Credit and Contribution. The motion passed unanimously with Rep. Allen, Rep. Duckworth, Rep. Hughes, Rep. Johnson, Rep. Moss, Rep. Sandstrom and Rep. Seelig absent for the vote.
MOTION: Rep. Dougall moved to amend the bill as follows:
1. Page 10, Lines 284 through 289 :
284 (ii) If the taxpayer does not sign and return the account agreement by the date
specified
285
by the Utah Educational Savings Plan Trust
;
286
(A)
}
287
commission
}
taxpayer
without any interest or earnings
{
; and
}
.
288
(B) the commission shall remit the taxpayer's individual income tax refund
to the
289
taxpayer.
}
2. Page
10, Lines 290 through 296
:
290
(4) For the purpose of determining interest on an overpayment or refund under
Section
291
59-1-402
:
292
(a)
}
293
Educational Savings Plan Trust
; and
}
.
294
(b) if the Utah Educational Savings Plan Trust returns a contribution to the
commission
295
pursuant to Subsection (3)(c)(ii)(A), the return of the contribution shall be
considered the filing
296
of a return under Subsection
59-1-402
(4)(a).
}
The motion passed unanimously with Rep. Duckworth, Rep. Hughes, Rep. Johnson, Rep. Moss,
Rep. Sandstrom and Rep. Seelig absent for the vote.
Rep. Dougall assisted by Lynne Ward, Utah Educational Savings Plan Program Manager,
introduced the bill and explained it to the committee. Cecelia Foxley, United Way, and Dave
Buhler, Associate Commissioner for Public Affairs, Utah System of Higher Education, spoke in
favor of the bill. Steve Peterson, Utah School Boards Association, and Royce Van Tassell, Utah
Taxpayers Association, spoke against the bill.
MOTION: Rep. Froerer moved to transmit 1st Sub H.B. 35 as amended. The motion passed
with Rep. Cosgrove, Rep. Duckworth, Rep. Johnson, and Rep. Moss voting in opposition.
H.B. 70 Cigarette Tax Exemption Amendments (Rep. E. Vickers)
Rep. Vickers introduced the bill and explained it to the committee. Bruce Johnson, Utah State Tax
Commission, spoke in favor of the bill.
MOTION: Rep. Dougall moved to transmit H.B. 70 with a favorable recommendation. The
motion passed unanimously.
MOTION: Rep. Dougall moved that H.B. 70 be placed on the Consent Calendar. The motion
passed unanimously.
H.B. 71 Withholding Tax Amendments (Rep. E. Vickers)
Rep. Vickers introduced the bill and explained it to the committee. Bruce Johnson, Utah State Tax
Commission spoke in favor of the bill.
MOTION: Rep. Johnson moved to transmit H.B. 71 with a favorable recommendation. The
motion passed unanimously with Rep. Moss absent for the vote.
H.B. 76 Income Tax Credit for Military Retired Pay (Rep. S. Mascaro)
MOTION: Rep. Harper moved to amend the bill as follows:
1. Page
1, Lines 21 through 22
:
21
This bill
has retrospective operation
}
takes effect
for a taxable year
beginning on or after January 1,
22
2009
}
2010
.
2. Page
3, Lines 79 through 80
:
79
(4) The maximum amount of a tax credit a claimant may claim on a return for a
taxable
80
year, regardless of filing status, is the amount determined under Subsection
(1)
}
(2)
.
3. Page
3, Lines 85 through 87
:
85
Section 3.
Retrospective operation
}
Effective date
.
86
This bill
has retrospective operation
}
takes effect
for a taxable year
beginning on or after January 1,
87
2009
}
2010
.
The motion passed unanimously with Rep. Dougall and Rep. Moss absent for the vote.
Rep. Mascaro introduced amended H.B 76 and explained it to the committee. Royce Van Tassell,
Utah Taxpayers Association, spoke against the bill.
MOTION: Rep. Johnson moved to transmit H.B. 76 as amended with a favorable
recommendation. The motion passed unanimously with Rep. Dougall, Rep. Moss, and Rep.
Sandstrom absent for the vote.
H.B. 83 Property Tax Relief Programs (Rep. G. Froerer)
Rep. Froerer introduced the bill and explained it to the committee. Allison Rowland, Voices for
Utah Children, spoke in favor of the bill.
MOTION: Rep. Cosgrove moved to transmit H.B. 83 with a favorable recommendation. The
motion passed unanimously with Rep. Dougall, Rep. Moss, and Rep. Sandstrom absent for the vote.
MOTION: Rep. Johnson moved that H.B. 83 be placed on the Consent Calendar then withdrew
the motion .
H.B. 246 Property Tax - Residential Exemption (Rep. G. Froerer)
This bill was not heard in this meeting.
MOTION: Rep. Harper moved to adjourn. The motion passed unanimously with Rep. Dougall,
Rep. Moss, and Rep. Sandstrom absent for the vote..
Rep. Kiser adjourned the meeting at 9:26 a.m.
__________________________
Rep. Todd E. Kiser, Chair