CSSB 120(EDC): "An Act relating to and extending education tax credits; providing for an effective date by amending the effective date of secs. 1, 2, and 21, ch. 61, SLA 2014; and providing for an effective date."
00 CS FOR SENATE BILL NO. 120(EDC) 01 "An Act relating to and extending education tax credits; providing for an effective date 02 by amending the effective date of secs. 1, 2, and 21, ch. 61, SLA 2014; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 21.96.070(a) is amended to read: 06 (a) A taxpayer is allowed a credit against the tax due under AS 21.09.210 or 07 AS 21.66.110 for contributions of cash or equipment accepted for 08 (1) [FOR] direct instruction, research, and educational support 09 purposes, including library and museum acquisitions, and contributions to endowment, 10 by an Alaska university foundation or by a nonprofit, public or private, Alaska two- 11 year or four-year college accredited by a national or regional accreditation association; 12 (2) [FOR] secondary school level vocational education courses, 13 programs, and facilities by a school district in the state; 14 (3) [FOR] vocational education courses, programs, and facilities by a
01 state-operated vocational technical education and training school; 02 (4) [FOR] a facility by a nonprofit, public or private, Alaska two-year 03 or four-year college accredited by a national or regional accreditation association; 04 (5) [FOR] Alaska Native cultural or heritage programs and educational 05 support, including mentoring and tutoring, provided by a nonprofit agency for public 06 school staff and for students who are in grades kindergarten through 12 in the state; 07 [AND] 08 (6) [FOR] education, research, rehabilitation, and facilities by an 09 institution that is located in the state and that qualifies as a coastal ecosystem learning 10 center under the Coastal America Partnership established by the federal government; 11 and 12 (7) the operation of a nonprofit organization dedicated to 13 promoting statewide academic achievement, including for student scholarships, 14 in an interdisciplinary curriculum in the subject areas of economics, science, 15 social science, literature, music, art, math, writing, speech, and interview skills. 16 * Sec. 2. AS 21.96.070(b) is amended to read: 17 (b) The amount of the credit is 18 (1) 50 percent of contributions of not more than $100,000; 19 (2) 100 percent of the next $200,000 of contributions; and 20 (3) 50 percent of the amount of contributions that exceed $300,000. 21 * Sec. 3. AS 21.96.070(d) is amended to read: 22 (d) A contribution claimed as a credit under this section may not 23 (1) be the basis for a credit claimed under another provision of this 24 title; and 25 (2) when combined with contributions that are the basis for credits 26 taken during the taxpayer's tax year under AS 43.20.014, AS 43.55.019, 27 AS 43.56.018, AS 43.65.018, AS 43.75.018, or AS 43.77.045, result in the total 28 amount of credits exceeding $5,000,000 [$1,000,000]; if the taxpayer is a member of 29 an affiliated group, then the total amount of credits may not exceed $5,000,000 30 [$1,000,000] for the affiliated group; in this paragraph, "affiliated group" has the 31 meaning given in AS 43.20.145.
01 * Sec. 4. AS 43.20.014(a) is amended to read: 02 (a) A taxpayer is allowed a credit against the tax due under this chapter for 03 contributions of cash or equipment accepted for 04 (1) direct instruction, research, and educational support purposes, 05 including library and museum acquisitions, and contributions to endowment, by an 06 Alaska university foundation, by a nonprofit, public or private, Alaska two-year or 07 four-year college accredited by a national or regional accreditation association, or by a 08 public or private nonprofit elementary or secondary school in the state; 09 (2) secondary school level vocational education courses, programs, and 10 facilities by a school district in the state; 11 (3) vocational education courses, programs, equipment, and facilities 12 by a state-operated vocational technical education and training school, a nonprofit 13 regional training center recognized by the Department of Labor and Workforce 14 Development, and an apprenticeship program in the state that is registered with the 15 United States Department of Labor under 29 U.S.C. 50 - 50c [29 U.S.C. 50 - 50b] 16 (National Apprenticeship Act); 17 (4) a facility by a nonprofit, public or private, Alaska two-year or four- 18 year college accredited by a national or regional accreditation association or by a 19 public or private nonprofit elementary or secondary school in the state; 20 (5) Alaska Native cultural or heritage programs and educational 21 support, including mentoring and tutoring, provided by a nonprofit agency for public 22 school staff and for students who are in grades kindergarten through 12 in the state; 23 (6) education, research, rehabilitation, and facilities by an institution 24 that is located in the state and that qualifies as a coastal ecosystem learning center 25 under the Coastal America Partnership established by the federal government; 26 (7) the Alaska higher education investment fund under AS 37.14.750; 27 (8) funding a scholarship awarded by a nonprofit organization to a 28 dual-credit student to defray the cost of a dual-credit course, including the cost of 29 (A) tuition and textbooks; 30 (B) registration, course, and programmatic student fees; 31 (C) on-campus room and board at the postsecondary institution
01 in the state that provides the dual-credit course; 02 (D) transportation costs to and from a residential school 03 approved by the Department of Education and Early Development under 04 AS 14.16.200 or the postsecondary school in the state that provides the dual- 05 credit course; and 06 (E) other related educational and programmatic costs; 07 (9) constructing, operating, or maintaining a residential housing 08 facility by a residential school in the state approved by the Department of Education 09 and Early Development under AS 14.16.200; 10 (10) childhood early learning and development programs and 11 educational support to childhood early learning and development programs provided 12 by a nonprofit corporation organized under AS 10.20, a tribal entity, or a school 13 district in the state, by the Department of Education and Early Development, or 14 through a state grant; 15 (11) science, technology, engineering, and math programs provided by 16 a nonprofit agency or a school district for school staff and for students in grades 17 kindergarten through 12 in the state; [AND] 18 (12) the operation of a nonprofit organization dedicated to providing 19 educational opportunities that promote the legacy of public service contributions to the 20 state and perpetuate ongoing educational programs that foster public service 21 leadership for future generations of residents of the state; and 22 (13) the operation of a nonprofit organization dedicated to 23 promoting statewide academic achievement, including for student scholarships, 24 in an interdisciplinary curriculum in the subject areas of economics, science, 25 social science, literature, music, art, math, writing, speech, and interview skills. 26 * Sec. 5. AS 43.20.014(b) is amended to read: 27 (b) The amount of the credit is 28 (1) 50 percent of contributions of not more than $100,000; 29 (2) 100 percent of the next $200,000 of contributions; and 30 (3) 50 percent of the amount of contributions that exceed $300,000. 31 * Sec. 6. AS 43.20.014(d) is amended to read:
01 (d) A contribution claimed as a credit under this section may not 02 (1) be the basis for a credit claimed under another provision of this 03 title; 04 (2) also be allowed as a deduction under 26 U.S.C. 170 against the tax 05 imposed by this chapter; and 06 (3) when combined with contributions that are the basis for credits 07 taken during the taxpayer's tax year under AS 21.96.070, AS 43.55.019, 08 AS 43.56.018, AS 43.65.018, AS 43.75.018, or AS 43.77.045, result in the total 09 amount of credits exceeding $5,000,000 [$1,000,000]; if the taxpayer is a member of 10 an affiliated group, then the total amount of credits may not exceed $5,000,000 11 [$1,000,000] for the affiliated group; in this paragraph, "affiliated group" has the 12 meaning given in AS 43.20.145. 13 * Sec. 7. AS 43.55.019(a) is amended to read: 14 (a) A producer of oil or gas is allowed a credit against the tax levied by 15 AS 43.55.011(e) for contributions of cash or equipment accepted for 16 (1) direct instruction, research, and educational support purposes, 17 including library and museum acquisitions, and contributions to endowment, by an 18 Alaska university foundation or by a nonprofit, public or private, Alaska two-year or 19 four-year college accredited by a national or regional accreditation association; 20 (2) secondary school level vocational education courses, programs, and 21 facilities by a school district in the state; 22 (3) vocational education courses, programs, equipment, and facilities 23 by a state-operated vocational technical education and training school, a nonprofit 24 regional training center recognized by the Department of Labor and Workforce 25 Development, and an apprenticeship program in the state that is registered with the 26 United States Department of Labor under 29 U.S.C. 50 - 50c [29 U.S.C. 50 - 50b] 27 (National Apprenticeship Act); 28 (4) a facility by a nonprofit, public or private, Alaska two-year or four- 29 year college accredited by a national or regional accreditation association; 30 (5) Alaska Native cultural or heritage programs and educational 31 support, including mentoring and tutoring, provided by a nonprofit agency for public
01 school staff and for students who are in grades kindergarten through 12 in the state; 02 (6) education, research, rehabilitation, and facilities by an institution 03 that is located in the state and that qualifies as a coastal ecosystem learning center 04 under the Coastal America Partnership established by the federal government; [AND] 05 (7) the Alaska higher education investment fund under AS 37.14.750; 06 and 07 (8) the operation of a nonprofit organization dedicated to 08 promoting statewide academic achievement, including for student scholarships, 09 in an interdisciplinary curriculum in the subject areas of economics, science, 10 social science, literature, music, art, math, writing, speech, and interview skills. 11 * Sec. 8. AS 43.55.019(b) is amended to read: 12 (b) The amount of the credit is 13 (1) 50 percent of contributions of not more than $100,000; 14 (2) 100 percent of the next $200,000 of contributions; and 15 (3) 50 percent of the amount of contributions that exceed $300,000. 16 * Sec. 9. AS 43.55.019(d) is amended to read: 17 (d) A contribution claimed as a credit under this section may not 18 (1) be the basis for a credit claimed under another provision of this 19 title; and 20 (2) when combined with contributions that are the basis for credits 21 taken during the taxpayer's tax year under AS 21.96.070, AS 43.20.014, 22 AS 43.56.018, AS 43.65.018, AS 43.75.018, or AS 43.77.045, result in the total 23 amount of credits exceeding $5,000,000 [$1,000,000]; if the taxpayer is a member of 24 an affiliated group, then the total amount of credits may not exceed $5,000,000 25 [$1,000,000] for the affiliated group; in this paragraph, "affiliated group" has the 26 meaning given in AS 43.20.145. 27 * Sec. 10. AS 43.56.018(a) is amended to read: 28 (a) The owner of property taxable under this chapter is allowed a credit 29 against the tax due under this chapter for contributions of cash or equipment accepted 30 for 31 (1) direct instruction, research, and educational support purposes,
01 including library and museum acquisitions, and contributions to endowment, by an 02 Alaska university foundation or by a nonprofit, public or private, Alaska two-year or 03 four-year college accredited by a national or regional accreditation association; 04 (2) secondary school level vocational education courses, programs, and 05 facilities by a school district in the state; 06 (3) vocational education courses, programs, and facilities by a state- 07 operated vocational technical education and training school; 08 (4) a facility by a nonprofit, public or private, Alaska two-year or four- 09 year college accredited by a national or regional accreditation association; 10 (5) Alaska Native cultural or heritage programs and educational 11 support, including mentoring and tutoring, provided by a nonprofit agency for public 12 school staff and for students who are in grades kindergarten through 12 in the state; 13 (6) education, research, rehabilitation, and facilities by an institution 14 that is located in the state and that qualifies as a coastal ecosystem learning center 15 under the Coastal America Partnership established by the federal government; [AND] 16 (7) the Alaska higher education investment fund under AS 37.14.750; 17 and 18 (8) the operation of a nonprofit organization dedicated to 19 promoting statewide academic achievement, including for student scholarships, 20 in an interdisciplinary curriculum in the subject areas of economics, science, 21 social science, literature, music, art, math, writing, speech, and interview skills. 22 * Sec. 11. AS 43.56.018(b) is amended to read: 23 (b) The amount of the credit is 24 (1) 50 percent of contributions of not more than $100,000; 25 (2) 100 percent of the next $200,000 of contributions; and 26 (3) 50 percent of the amount of contributions that exceed $300,000. 27 * Sec. 12. AS 43.56.018(d) is amended to read: 28 (d) A contribution claimed as a credit under this section may not 29 (1) be the basis for a credit claimed under another provision of this 30 title; and 31 (2) when combined with contributions that are the basis for credits
01 taken during the taxpayer's tax year under AS 21.96.070, AS 43.20.014, 02 AS 43.55.019, AS 43.65.018, AS 43.75.018, or AS 43.77.045, result in the total 03 amount of credits exceeding $5,000,000 [$1,000,000]; if the taxpayer is a member of 04 an affiliated group, then the total amount of credits may not exceed $5,000,000 05 [$1,000,000] for the affiliated group; in this paragraph, "affiliated group" has the 06 meaning given in AS 43.20.145. 07 * Sec. 13. AS 43.65.018(a) is amended to read: 08 (a) A person engaged in the business of mining in the state is allowed a credit 09 against the tax due under this chapter for contributions of cash or equipment accepted 10 for 11 (1) direct instruction, research, and educational support purposes, 12 including library and museum acquisitions, and contributions to endowment, by an 13 Alaska university foundation, by a nonprofit, public or private, Alaska two-year or 14 four-year college accredited by a national or regional accreditation association, or by a 15 public or private nonprofit elementary or secondary school in the state; 16 (2) secondary school level vocational education courses, programs, and 17 facilities by a school district in the state; 18 (3) vocational education courses, programs, and facilities by a state- 19 operated vocational technical education and training school; 20 (4) a facility by a nonprofit, public or private, Alaska two-year or four- 21 year college accredited by a national or regional accreditation association or by a 22 public or private nonprofit elementary or secondary school in the state; 23 (5) Alaska Native cultural or heritage programs and educational 24 support, including mentoring and tutoring, provided by a nonprofit agency for public 25 school staff and for students who are in grades kindergarten through 12 in the state; 26 (6) education, research, rehabilitation, and facilities by an institution 27 that is located in the state and that qualifies as a coastal ecosystem learning center 28 under the Coastal America Partnership established by the federal government; 29 (7) the Alaska higher education investment fund under AS 37.14.750; 30 (8) funding a scholarship awarded by a nonprofit organization to a 31 dual-credit student to defray the cost of a dual-credit course, including the cost of
01 (A) tuition and textbooks; 02 (B) registration, course, and programmatic student fees; 03 (C) on-campus room and board at the postsecondary institution 04 in the state that provides the dual-credit course; 05 (D) transportation costs to and from a residential school 06 approved by the Department of Education and Early Development under 07 AS 14.16.200 or the postsecondary school in the state that provides the dual- 08 credit course; and 09 (E) other related educational and programmatic costs; 10 (9) constructing, operating, or maintaining a residential housing 11 facility by a residential school approved by the Department of Education and Early 12 Development under AS 14.16.200; 13 (10) childhood early learning and development programs and 14 educational support to childhood early learning and development programs provided 15 by a nonprofit corporation organized under AS 10.20, a tribal entity, or a school 16 district in the state, by the Department of Education and Early Development, or 17 through a state grant; 18 (11) science, technology, engineering, and math programs provided by 19 a nonprofit agency or a school district for school staff and for students in grades 20 kindergarten through 12 in the state; [AND] 21 (12) the operation of a nonprofit organization dedicated to providing 22 educational opportunities that promote the legacy of public service contributions to the 23 state and perpetuate ongoing educational programs that foster public service 24 leadership for future generations of residents of the state; and 25 (13) the operation of a nonprofit organization dedicated to 26 promoting statewide academic achievement, including for student scholarships, 27 in an interdisciplinary curriculum in the subject areas of economics, science, 28 social science, literature, music, art, math, writing, speech, and interview skills. 29 * Sec. 14. AS 43.65.018(b) is amended to read: 30 (b) The amount of the credit is 31 (1) 50 percent of contributions of not more than $100,000;
01 (2) 100 percent of the next $200,000 of contributions; and 02 (3) 50 percent of the amount of contributions that exceed $300,000. 03 * Sec. 15. AS 43.65.018(d) is amended to read: 04 (d) A contribution claimed as a credit under this section may not 05 (1) be the basis for a credit claimed under another provision of this 06 title; and 07 (2) when combined with contributions that are the basis for credits 08 taken during the taxpayer's tax year under AS 21.96.070, AS 43.20.014, 09 AS 43.55.019, AS 43.56.018, AS 43.75.018, or AS 43.77.045, result in the total 10 amount of the credits exceeding $5,000,000 [$1,000,000]; if the taxpayer is a member 11 of an affiliated group, then the total amount of credits may not exceed $5,000,000 12 [$1,000,000] for the affiliated group; in this paragraph, "affiliated group" has the 13 meaning given in AS 43.20.145. 14 * Sec. 16. AS 43.75.018(a) is amended to read: 15 (a) A person engaged in a fisheries business is allowed a credit against the tax 16 due under this chapter for contributions of cash or equipment accepted for 17 (1) direct instruction, research, and educational support purposes, 18 including library and museum acquisitions, and contributions to endowment, by an 19 Alaska university foundation, by a nonprofit, public or private, Alaska two-year or 20 four-year college accredited by a national or regional accreditation association, or by a 21 public or private nonprofit elementary or secondary school in the state; 22 (2) secondary school level vocational education courses, programs, and 23 facilities by a school district in the state; 24 (3) vocational education courses, programs, and facilities by a state- 25 operated vocational technical education and training school; 26 (4) a facility by a nonprofit, public or private, Alaska two-year or four- 27 year college accredited by a national or regional accreditation association or by a 28 public or private nonprofit elementary or secondary school in the state; 29 (5) Alaska Native cultural or heritage programs and educational 30 support, including mentoring and tutoring, provided by a nonprofit agency for public 31 school staff and for students who are in grades kindergarten through 12 in the state;
01 (6) education, research, rehabilitation, and facilities by an institution 02 that is located in the state and that qualifies as a coastal ecosystem learning center 03 under the Coastal America Partnership established by the federal government; 04 (7) the Alaska higher education investment fund under AS 37.14.750; 05 (8) funding a scholarship awarded by a nonprofit organization to a 06 dual-credit student to defray the cost of a dual-credit course, including the cost of 07 (A) tuition and textbooks; 08 (B) registration, course, and programmatic student fees; 09 (C) on-campus room and board at the postsecondary institution 10 in the state that provides the dual-credit course; 11 (D) transportation costs to and from a residential school 12 approved by the Department of Education and Early Development under 13 AS 14.16.200 or the postsecondary school in the state that provides the dual- 14 credit course; and 15 (E) other related educational and programmatic costs; 16 (9) constructing, operating, or maintaining a residential housing 17 facility by a residential school approved by the Department of Education and Early 18 Development under AS 14.16.200; 19 (10) childhood early learning and development programs and 20 educational support to childhood early learning and development programs provided 21 by a nonprofit corporation organized under AS 10.20, a tribal entity, or a school 22 district in the state, by the Department of Education and Early Development, or 23 through a state grant; 24 (11) science, technology, engineering, and math programs provided by 25 a nonprofit agency or a school district for school staff and for students in grades 26 kindergarten through 12 in the state; [AND] 27 (12) the operation of a nonprofit organization dedicated to providing 28 educational opportunities that promote the legacy of public service contributions to the 29 state and perpetuate ongoing educational programs that foster public service 30 leadership for future generations of residents of the state; and 31 (13) the operation of a nonprofit organization dedicated to
01 promoting statewide academic achievement, including for student scholarships, 02 in an interdisciplinary curriculum in the subject areas of economics, science, 03 social science, literature, music, art, math, writing, speech, and interview skills. 04 * Sec. 17. AS 43.75.018(b) is amended to read: 05 (b) The amount of the credit is 06 (1) 50 percent of contributions of not more than $100,000; 07 (2) 100 percent of the next $200,000 of contributions; and 08 (3) 50 percent of the amount of contributions that exceed $300,000. 09 * Sec. 18. AS 43.75.018(d) is amended to read: 10 (d) A contribution claimed as a credit under this section may not 11 (1) be the basis for a credit claimed under another provision of this 12 title; and 13 (2) when combined with contributions that are the basis for credits 14 taken during the taxpayer's tax year under AS 21.96.070, AS 43.20.014, 15 AS 43.55.019, AS 43.56.018, AS 43.65.018, or AS 43.77.045, result in the total 16 amount of the credits exceeding $5,000,000 [$1,000,000]; if the taxpayer is a member 17 of an affiliated group, then the total amount of credits may not exceed $5,000,000 18 [$1,000,000] for the affiliated group; in this paragraph, "affiliated group" has the 19 meaning given in AS 43.20.145. 20 * Sec. 19. AS 43.77.045(a) is amended to read: 21 (a) A person engaged in a floating fisheries business is allowed a credit 22 against the tax due under this chapter for contributions of cash or equipment accepted 23 for 24 (1) direct instruction, research, and educational support purposes, 25 including library and museum acquisitions, and contributions to endowment, by an 26 Alaska university foundation, by a nonprofit, public or private, Alaska two-year or 27 four-year college accredited by a national or regional accreditation association, or by a 28 public or private nonprofit elementary or secondary school in the state; 29 (2) secondary school level vocational education courses, programs, and 30 facilities by a school district in the state; 31 (3) vocational education courses, programs, and facilities by a state-
01 operated vocational technical education and training school; 02 (4) a facility by a nonprofit, public or private, Alaska two-year or four- 03 year college accredited by a national or regional accreditation association or by a 04 public or private nonprofit elementary or secondary school in the state; 05 (5) Alaska Native cultural or heritage programs and educational 06 support, including mentoring and tutoring, provided by a nonprofit agency for public 07 school staff and for students who are in grades kindergarten through 12 in the state; 08 (6) education, research, rehabilitation, and facilities by an institution 09 that is located in the state and that qualifies as a coastal ecosystem learning center 10 under the Coastal America Partnership established by the federal government; 11 (7) the Alaska higher education investment fund under AS 37.14.750; 12 (8) funding a scholarship awarded by a nonprofit organization to a 13 dual-credit student to defray the cost of a dual-credit course, including the cost of 14 (A) tuition and textbooks; 15 (B) registration, course, and programmatic student fees; 16 (C) on-campus room and board at the postsecondary institution 17 in the state that provides the dual-credit course; 18 (D) transportation costs to and from a residential school 19 approved by the Department of Education and Early Development under 20 AS 14.16.200 or the postsecondary school in the state that provides the dual- 21 credit course; and 22 (E) other related educational and programmatic costs; 23 (9) constructing, operating, or maintaining a residential housing 24 facility by a residential school approved by the Department of Education and Early 25 Development under AS 14.16.200; 26 (10) childhood early learning and development programs and 27 educational support to childhood early learning and development programs provided 28 by a nonprofit corporation organized under AS 10.20, a tribal entity, or a school 29 district in the state, by the Department of Education and Early Development, or 30 through a state grant; 31 (11) science, technology, engineering, and math programs provided by
01 a nonprofit agency or a school district for school staff and for students in grades 02 kindergarten through 12 in the state; [AND] 03 (12) the operation of a nonprofit organization dedicated to providing 04 educational opportunities that promote the legacy of public service contributions to the 05 state and perpetuate ongoing educational programs that foster public service 06 leadership for future generations of residents of the state; and 07 (13) the operation of a nonprofit organization dedicated to 08 promoting statewide academic achievement, including for student scholarships, 09 in an interdisciplinary curriculum in the subject areas of economics, science, 10 social science, literature, music, art, math, writing, speech, and interview skills. 11 * Sec. 20. AS 43.77.045(b) is amended to read: 12 (b) The amount of the credit is 13 (1) 50 percent of contributions of not more than $100,000; 14 (2) 100 percent of the next $200,000 of contributions; and 15 (3) 50 percent of the amount of contributions that exceed $300,000. 16 * Sec. 21. AS 43.77.045(d) is amended to read: 17 (d) A contribution claimed as a credit under this section may not 18 (1) be the basis for a credit claimed under another provision of this 19 title; and 20 (2) when combined with contributions that are the basis for credits 21 taken during the taxpayer's tax year under AS 21.96.070, AS 43.20.014, 22 AS 43.55.019, AS 43.56.018, AS 43.65.018, or AS 43.75.018, result in the total 23 amount of the credits exceeding $5,000,000 [$1,000,000]; if the taxpayer is a member 24 of an affiliated group, then the total amount of credits may not exceed $5,000,000 25 [$1,000,000] for the affiliated group; in this paragraph, "affiliated group" has the 26 meaning given in AS 43.20.145. 27 * Sec. 22. Section 37, ch. 61, SLA 2014, as amended by sec. 40, ch. 101, SLA 2018, is 28 amended to read: 29 Sec. 37. Sections 1, 2, and 21, ch. 61, SLA 2014 [OF THIS ACT] take effect 30 January 1, 2031 [2025]. 31 * Sec. 23. This Act takes effect January 1, 2024.