House of Representatives State of Utah




         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL

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Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029         February 29, 2012

Madam Speaker:

    The Revenue and Taxation Committee recommends S.B. 23, LIFE SCIENCE AND TECHNOLOGY TAX CREDIT AMENDMENTS, by Senator C. Bramble, be replaced, reports a favorable recommendation on 1st Sub. S.B. 23, LIFE SCIENCE AND TECHNOLOGY TAX CREDIT AMENDMENTS, with the following amendments, and, due to unknown fiscal impact, recommends the substitute be referred to the Rules Committee pending completion of a fiscal note:

1.    Page 10, Lines 283 through 292 :    

             283          (2) For fiscal year 2011-12 only, the office may issue a total of $1,300,000 in tax credit
             284      certificates in accordance with this part.
             285          (3) (a) If the total amount of tax credit certificates the office issues in a fiscal year is
             286      less than the amount of tax credit certificates the office may issue under this part in a fiscal
             287      year, the office may issue the remaining amount of tax credit certificates in a fiscal year after
             288      the fiscal year for which there is a remaining amount of tax credit certificates.
             289          (b)

{   If   }        Except as provided in Subsection (3)(c), if       the total amount of tax credit certificates the office issues in a quarter of a fiscal

             290      year is less than the amount of tax credit certificates the office may issue under this part in that
             291      quarter, the office may issue the remaining amount of tax credit certificates in a quarter after
             292      the quarter for which there is a remaining amount of tax credit certificates.
  (c) For fiscal year 2011-12 only, if the total amount of tax credit certificates the office issues in fiscal year 2011-12 is less than the amount of tax credit certificates the office may issue in tax credit certificates under Subsection (2), the office:

(i) may issue the remaining amount of tax credit certificates in a fiscal year after fiscal year 2011-12; and


(ii) is not required to allocate the tax credit certificates to any particular quarter.  


2.    Page 11, Lines 325 through 330 :    

             325          (1) (a) Except as provided in Subsection 63M-1-2903 (3)(b), for each quarter of a fiscal
             326      year
  after fiscal year 2011-12       , the office shall allocate:

             327          (i) 25% of the total amounts made available for allocation in accordance with Section
             328      63M-1-2903 for the tax credits under Sections 59-7-614.6 and 59-10-1109 ; and
             329          (ii) 25% of the amounts made available for allocation in accordance with Section
             330      63M-1-2903 for the tax credit under Section 59-10-1025 .



1.    Page 2, Lines 44 through 46 :    

             44          (f) "Qualifying agreement" means an agreement under Subsection 63M-1-2908 that
             45      includes a provision for an eligible business entity to make new capital expenditures of at least
             46     
{   $750 million   }        $1 billion       in the state.



2.    Page 12, Line 361 through Page 13, Line 367 :    

             361          (c) for the seven taxable years immediately following the last of the two taxable years
             362      described in Subsection (1)(b) if:
             363          (i) the agreement with the office described in Section 63M-1-2908 includes a provision
             364      that the tax credit applicant will make new capital expenditures of at least
{   $750 million   }        $1 billion       in the

             365      state; and
             366          (ii) the tax credit applicant makes new capital expenditures of at least
{   $750

million   }        $1 billion       in


             367      the state in accordance with the agreement with the office described in Section 63M-1-2908 .

    Respectfully,

    Patrick Painter
    Committee Chair
Voting: 12-0-4
7NA SB0023.HC1.wpd 2/29/12 9:42 am phildean/PVD RLR/PVD


Bill Number
Action Class
Action Code

*SB0023S01*
*H*
*HCRSUBAMD*

SB0023S01
H
HCRSUBAMD