Legislature(2011 - 2012)
2012-02-29 House Journal
Full Journal pdf2012-02-29 House Journal Page 1741 HB 118 The following, which was returned to second reading, was before the House with Amendment No. 1 moved and pending (page 1740): CS FOR HOUSE BILL NO. 118(FIN) "An Act relating to a tax credit for qualified research and development expenditures; and providing for an effective date." The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 118(FIN) Second Reading Amendment No. 1 YEAS: 10 NAYS: 25 EXCUSED: 5 ABSENT: 0 Yeas: Doogan, Gara, Gardner, Gruenberg, Guttenberg, Kawasaki, Kerttula, Miller, Petersen, Tuck 2012-02-29 House Journal Page 1742 Nays: Austerman, Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Herron, Holmes, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gara: Page 1, line 9: Delete "the taxable year" Insert "a taxable year ending before January 1, 2017," Page 2, following line 25: Insert a new bill section to read: "* Sec. 2. AS 43.20.047 is repealed January 1, 2024." Renumber the following bill section accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Pruitt objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 118(FIN) Second Reading Amendment No. 2 YEAS: 12 NAYS: 23 EXCUSED: 5 ABSENT: 0 Yeas: Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Kerttula, Miller, Petersen, Tuck Nays: Austerman, Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Herron, Johansen, Johnson, Keller, Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson 2012-02-29 House Journal Page 1743 Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Gardner: Page 2, following line 18: Insert a new subsection to read: "(f) The total amount of the credit authorized under this section for all taxpayers may not exceed $50,000,000 in a calendar year. The department may adopt regulations that provide the standards and procedures to prorate the amount of credit available to each taxpayer when the total amount of tax credits claimed by all taxpayers under this section for a calendar year exceeds $50,000,000." Reletter the following subsection accordingly. Representative Gardner moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Feige objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 118(FIN) Second Reading Amendment No. 3 YEAS: 10 NAYS: 25 EXCUSED: 5 ABSENT: 0 Yeas: Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Tuck Nays: Austerman, Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, Amendment No. 3 was not adopted. 2012-02-29 House Journal Page 1744 Amendment No. 4 was offered by Representative Gardner: Page 1, line 1, following "expenditures;" (title amendment): Insert "relating to information about research and development expenditures that must be provided in order to claim a qualified research and development tax credit for those expenditures;" Page 2, line 10, following "AS 43.20.011(e)": Insert ", for which information was not submitted in a report under (f) of this section," Page 2, following line 18: Insert a new subsection to read: "(f) A taxpayer shall file with the department before April 1 of the following year a statement, under oath, in a form prescribed by the department, giving, for each research and development expenditure that is the basis for a credit claimed under AS 43.20.047, a description of the expenditure and a general description of the purpose of the expenditure. Notwithstanding AS 40.25.100(a) and AS 43.05.230(a), information submitted under this subsection shall be published by the department on the department's Internet website and shall be disclosed to the legislature in a report submitted within 10 days after the convening of the next regular legislative session following the date a statement is filed under this section." Reletter the following subsection accordingly. Representative Gardner moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 118(FIN) Second Reading Amendment No. 4 YEAS: 10 NAYS: 25 EXCUSED: 5 ABSENT: 0 2012-02-29 House Journal Page 1745 Yeas: Doogan, Gara, Gardner, Gruenberg, Guttenberg, Kawasaki, Kerttula, Miller, Petersen, Tuck Nays: Austerman, Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Herron, Holmes, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Gruenberg: Page 1, line 10, following "chapter.": Insert "If the taxpayer is a member of an affiliated group, then the total amount of credits under this section may not exceed $10,000,000 for the affiliated group. In this subsection, "affiliated group" has the meaning given in AS 43.20.073." Representative Gruenberg moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Johnson objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 118(FIN) Second Reading Amendment No. 5 YEAS: 13 NAYS: 22 EXCUSED: 5 ABSENT: 0 Yeas: Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Munoz, Petersen, Seaton, Tuck Nays: Austerman, Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Pruitt, Saddler, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, Amendment No. 5 was not adopted. 2012-02-29 House Journal Page 1746 Amendment No. 6 was offered by Representative Gruenberg: Page 2, lines 12 - 18: Delete all material and insert: "(e) The department shall make an annual report to the legislature that states the number of taxpayers who claimed credits under this section and the total amount of credits granted to all taxpayers under this section in the immediately preceding year. (f) Notwithstanding AS 40.25.100 and AS 43.05.230(a), at the time the report is made to the legislature under (e) of this section, the department shall submit a confidential report to the legislature that states, for each taxpayer, the amount of credit granted, a description of each qualified research and development project for which the credit was granted, and the number of employees conducting the qualified research and development for which the credit was granted. Although the report submitted under this subsection must include information for each taxpayer that has been granted a credit under this section, the report may not include the name of a taxpayer." Reletter the following subsection accordingly. Representative Gruenberg moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Costello objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 118(FIN) Second Reading Amendment No. 6 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Kawasaki, Kerttula, Miller, Petersen, Tuck Nays: Austerman, Chenault, Costello, Dick, Fairclough, Feige, Foster, Herron, Holmes, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson 2012-02-29 House Journal Page 1747 Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Tuck: Page 2, following line 7: Insert a new subsection to read: "(d) At the time a return is filed under this chapter on which the credit under this section is claimed, the taxpayer shall submit a statement that includes a description of the research and development activities conducted that are attributable to the state and the qualified research and development expenditures for which credit is claimed. The statement submitted under this subsection must be verified by an independent certified public accountant licensed in the state." Reletter the following subsections accordingly. Representative Tuck moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Thompson objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 118(FIN) Second Reading Amendment No. 7 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Petersen, Tuck Nays: Austerman, Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Excused: Cissna, Gatto, Hawker, Neuman, Olson 2012-02-29 House Journal Page 1748 Gardner changed from "Nay" to "Yea". And so, Amendment No. 7 was not adopted. CSHB 118(FIN) was automatically in third reading. The question being: "Shall CSHB 118(FIN) pass the House?" The roll was taken with the following result: CSHB 118(FIN) Third Reading Final Passage YEAS: 23 NAYS: 12 EXCUSED: 5 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Dick, Fairclough, Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Nays: Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Petersen, Tuck Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, CSHB 118(FIN) passed the House. Representative Austerman moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 118(FIN) Third Reading Effective Date YEAS: 35 NAYS: 0 EXCUSED: 5 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson 2012-02-29 House Journal Page 1749 Excused: Cissna, Gatto, Hawker, Neuman, Olson And so, the effective date clause was adopted. Representative Lynn gave notice of reconsideration of the vote on CSHB 118(FIN).