Legislature(2017 - 2018)SENATE FINANCE 532
03/26/2018 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB116 | |
| SB198 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 116 | TELECONFERENCED | |
| *+ | SB 198 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 116
"An Act relating to the insurance tax education
credit, the income tax education credit, the oil or
gas producer education credit, the property tax
education credit, the mining business education
credit, the fisheries business education credit, and
the fisheries resource landing tax education credit;
providing for an effective date by repealing the
effective dates of secs. 3, 5, 7, 10, 14, 16, 18, 21,
23, 25, 28, 30, 32, 35, 37, 39, 42, 44, 46, 49, 51,
53, and 55, ch. 92, SLA 2010, sec. 14, ch. 7, FSSLA
2011, secs. 15, 17, 19, 21, 23, and 25, ch. 74, SLA
2012, sec. 49, ch. 14, SLA 2014, secs. 37, 40, 43, and
46, ch. 15, SLA 2014, and secs. 26 and 31, ch. 61, SLA
2014; 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."
9:06:06 AM
SENATOR JOHN COGHILL, SPONSOR, introduced the legislation.
He stated that it was brought to his attention that the
credits would be eliminated over the upcoming year. He
noted that there was a benefit to the education community,
specifically the community colleges. He felt that the
connection between the university and communities was
important in reducing the unemployment rate in the state.
Co-Chair MacKinnon appreciated the effort to be available
in the meeting.
9:09:19 AM
CHAD HUTCHISON, STAFF, SENATOR JOHN COGHILL, discussed,
"Senate Bill 116, Education Tax Credit Bill" (copy on
file). He looked at slide 2, "This bill does the
following":
.notdef Extends the effective date for the repeal of the
education tax credits from December 31, 2018 to
January 1, 2025.
.notdef Ensures that the credits that exist in statute
today, will maintain until January 1, 2025 (instead of
narrowing in scope and decreasing in value on January
1, 2021).
Mr. Hutchison addressed slide 3, "Reminder: What are the
Education Tax Credits?":
.notdef Alaska's Education Tax Credit program allows private
businesses to make charitable contributions to support
education in Alaska.
.notdef Over the years, the list of those eligible to
receive cash donations from private businesses has
expanded. Private businesses can give cash to fund
facilities and programs.
.notdef The objective is to help the next generation.
Mr. Hutchison looked at slide 4, "What are we trying to
preserve?":
.notdefGenerally, the credit provision allowed for 50
percent of the annual contributions up to $100,000,
100 percent of the next $200,000, and 50 percent of
annual contributions beyond $300,000.
.notdefThe total credit per taxpayer, across all tax types
could not exceed $5 million.
Co-Chair MacKinnon wondered how that would affect an
individual tax payer. Mr. Hutchison replied that he would
address that in the presentation.
Mr. Hutchison highlighted slide 5, "Why are education tax
credits important?":
Education benefits directly. Students benefit and
become the future workforce.
They allow private industry to partner with education.
They allow a need to be filled, directly.
Mr. Hutchison addressed slide 6, "A few examples of
entities that can receive contributions":
.notdef Nonprofit, public or private, accredited Alaska two-
year or four-year college
s
.notdef AK public and private nonprofit elementary or
secondary schools and school districts
.notdef State-operated vocational technical education and
training schools
.notdef Nonprofit regional vocational training centers
.notdef Apprenticeship programs
.notdef Coastal ecosystem learning centers
.notdef The Alaska higher education investment fund
.notdef Native cultural programs
Mr. Hutchison highlighted slide 7, "Types of Taxes That Are
Affected":
.notdef Corporate Income Taxes - A corporate income tax on
Alaska taxable income which is based on federal
taxable income (with certain Alaska adjustments).
.notdef Fisheries Business Tax - Levied on persons who
process or export fisheries resources from Alaska. The
tax is based on the price paid to commercial fishers
or fair market value when there is not an arm's length
transaction. Fisheries business tax is collected
primarily from licensed processors and persons who
export fish from Alaska.
.notdef Fishery Resource Landing Tax - Levied on fishery
resources processed outside the 3-mile limit and first
landed in Alaska, or any qualified processed fishery
resource. The tax is primarily collected from factory
trawlers and floating processors. The tax is based on
the unprocessed value of the resource. The calculation
is determined by multiplying a statewide average price
(determined by the Alaska Department of Fish and Game
data) by the unprocessed weight.
Mr. Hutchison discussed slide 8, "Types of Taxes That Are
Affected":
.notdef Insurance Premium Tax All insurance companies are
required to pay premium tax on policies written on
Alaska risks under AS 21.09.210. From a collection
stand-point, the premium tax is collected similarly to
the corporate income tax. The credit is claimed
against the premium tax on the Annual Premium Tax
Report due March 1 of the year following the completed
calendar year. The report is filed electronically to
the Alaska Division of Insurance through a third party
vendor. The credit is to provide insurance companies
incentive to donate to Alaska educational
institutions.
.notdef Title Insurance Premium Tax The only difference
from the insurance premium tax is the type of
insurance company claiming the credit under AS
21.66.110. Examples include: Chicago Title Ins Co,
First American Title Ins Co, etc.
Mr. Hutchison addressed slide 9, "Types of Taxes That Are
Affected":
.notdef Mining License Tax Levied on mining net income and
royalties received on mining properties in Alaska.
Primary focus is on coal and hard rock mining.
.notdef Oil and Gas Production Tax - Levied on oil and gas
producers each calendar year from each lease or
property in Alaska. Minus any oil and gas that is
exempt, or which constitutes a landowner's royalty
interest.
.notdef Oil and Gas Property Tax An annual tax levied each
tax year on the full and true value of taxable
property
Senator von Imhof looked at slide 4 and slide 5, and noted
that they allowed the need to be filled directly. She asked
about the flow of money when a corporate wanted to make a
payment to an educational institution. Mr. Hutchison
replied that an corporation would use the receipt when they
filed their taxes.
9:15:42 AM
Co-Chair Hoffman queried the history of the how the credits
had worked since its inception. Mr. Hutchison stated that
there was a supplemental document in their packets, and
agreed to further conversations. He stated that there were
various contributions for vocational technologies. He
stated that there was an evolution of the credits since its
inception in 1987.
Co-Chair Hoffman wanted listeners to understand the success
of the program.
Co-Chair MacKinnon directed to the document in members'
files of the summary of the program.
Vice-Chair Bishop shared that he public service in
workforce development, and felt that the program was
extremely important.
Senator Micciche noted that in calendar year 2017, there
was $9.245 million contributed to the educational
institutions, with a claim of $6.289 million in credits. He
queried more information about what was listed under
"other." He supported the program, but felt that there were
some organizations that perhaps did not fit as well into
the educational institutions. Mr. Hutchison replied that
the document was from Department of Revenue (DOR) to
provide a basic understanding, and not the amounts given.
It was an executive summary of contributors and recipients.
9:20:53 AM
Senator Olson wondered how many entities that received the
proceeds from the tax credits were in Alaska. Mr. Hutchison
replied that the majority operated and conducted business
in Alaska. He stated that he agreed to provide further
information about their corporate offices.
Senator Olson noted that the Smithsonian was listed, and
wanted to know what other national endowments were
participating in the program. Mr. Hutchison replied that
there were some that were based outside of the state, but
most had a presence in the state.
Senator Stevens noted that the state was giving up some tax
revenue, with the hope for a better educational experience
for Alaskan students. He queried the expectations for the
future. Mr. Hutchison replied that the desire was to
maintain the program as it exists in statute.
Senator Stevens wondered whether industry would get
involved in the program. Senator Coghill replied that the
program was underutilized to some degree.
Senator Coghill stated that he had to leave for a meeting.
9:24:10 AM
Mr. Hutchison discussed the Sectional Analysis (copy on
file):
Section 1 LEGISLATIVE FINDINGS AND INTENT:
This section clarifies that the Legislature is
extending the effective date for the repeal of the
education tax credits from December 31, 2018 to
January 1, 2025.
In addition:
The intent is that the education tax credits will
remain as they appear in statute today until they are
repealed on January 1, 2025. Currently (even if the
effective date of repeal was extended to 2025) the
credits were on course to decrease in dollar value and
narrow in scope on January 1, 2021.
Complete legislative action, which ensures that the
repeal is extended to January 1, 2025 and that the
scope of the credits would remain beyond January 1,
2021 is proposed in this bill. The bill syncs all
credits as they exist in statute today to at least
January 1, 2025.
Section 2 - This portion of Senate Bill 116 (SB 116)
repeals multiple, old statutory provisions (pursuant
to legislative drafting guidelines).
SB 116 repeals the following sections:
A. Section 3, ch. 92, SLA 2010 Revised AS
21.89.070(a) which was later renumbered as AS
21.96.070(a). AS 21.96.070 is the insurance tax
education credit. Under AS 21.89.070(a), according to
Section 3, the credit was only allowed if a
contribution was given for instruction, research, and
educational support purposes, (including acquisitions
and contributions to the endowment) to the Alaska
university foundation, a two or four-year accredited
college, or for secondary school vocational education
courses. A tax payer was allowed a credit against the
tax due under AS 21.09.210 (tax on insurer) or AS
21.66.110 (annual tax on insurance premiums) for those
cash contributions.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 21.96.070(a)) was
found in Section 2, ch. 92, SLA 2010. Section 2
broadened the credit, and added specific language to
include contributions for facilities.
So, SB 116 continues its repeal of Section 3 and
allows Section 2 to remain. Section 2 contains
broadened verbiage. Failure to pass SB 116 would
narrow the scope of contributions, and what they can
be used for.
B. Section 5, ch. 92, SLA 2010 Revised AS
21.89.070(b) which was later renumbered as AS
21.96.070(b)(still the insurance tax education
credit). Under listed statute 21.89.070(b), according
to Section 5, the amount of the credit was the lesser
of the amount equal to 50 percent of contributions of
not more than $100,000 and 100 percent of the next
$100,000 of contributions OR 50 percent of the
taxpayer's tax liability under this title. In other
words: In practice, the maximum annual credit was
generally only $150,000.
Noteworthy: The change to the statute that exists
today (which is the renumbered AS 21.96.070(b)) was
found in Section 4, ch. 92, SLA 2010. Section 4
allowed for 50 percent of contributions up to
$100,000, 100 percent for the next $200,000, and 50
percent of contributions that exceed $300,000.
So, SB 116, if passed, continues its repeal of Section
5 and allows Section 4 to remain. That equates to
broader tax incentives for contributors.
C. Section 7, ch.92, SLA 2010 AS 21.89.070(d) was
eventually renumbered to AS 21.96.070(d).
AS 21.96.070 is the insurance tax education credit.
Under listed statute 21.89.070(d), according to
Section 7, a taxpayer was allowed a credit for cash
contributions to the Alaska university foundation, or
a two or four-year accredited college, or a vocational
related school district program, or vocational
training school. The credit could not have been
claimed under more than one provision of the title.
When combined with more claimed credits, the total
credit could not have exceeded $150,000.
Noteworthy: The change to the statute that exists
today (which is the renumbered AS 21.96.070(d)) was
found in Section 6, ch. 92 SLA 2010. Section 6 allowed
for a combined credit that may not exceed $5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
D. Section 10, ch.92, SLA 2010 AS 21.89.075(c) was
eventually renumbered to AS 21.96.075(c), which
allowed for an insurance tax credit for contributions
to the Alaska Fire Standards Council.
However, listed AS 21.89.075(c), under Section 10,
focused on ensuring that combined credits did not
exceed $150,000 total. To be precise, credit cannot
have been claimed under more than one provision under
the statute (education tax credit, income tax credit,
oil and gas tax credit, property tax credit, mining
tax credit, and fish tax credit) exceeding $150,000.
Noteworthy: The change in statute that exists today
(which has been renumbered to AS 21.96.075(c)), was
found in Section 9, ch. 92, SLA 2010. Section 9
allowed for a combined credit that may not exceed
$5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
E. Section 14, ch.92, SLA 2010 AS 43.20.014(a)
Income tax education credit Credit for cash
contribution to Alaska university foundation, or a two
or four-year accredited college, or a vocational
related school district program, or vocational
training school.
Noteworthy: The change to the statute that exists
today (which is also designated as AS 43.20.014(a))
income tax education credit was found in Section 13,
ch. 92, SLA 2010.
So, SB 116 repeals Section 14 and allows Section 13 to
remain. Section 13 added specific language to include
contributions for facilities. Failure to pass SB 116
narrows the scope of contributions, and what they can
be used for.
F. Section 16, ch. 92, SLA 2010 AS 43.20.014(b)
The amount of the income tax education credit was 50
percent of contributions up to $100,000, 100 percent
for up to the next $100,000.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.20.014(b)) was
found in Section 15, ch. 92, SLA 2010. Section 15
allowed for 50 percent of contributions up to
$100,000, 100 percent for the next $200,000, and 50
percent of contributions that exceed $300,000.
In other words: If SB 116 does not pass, the tax
credits shall be reduced back to the standards set in
Section 16.
G. Section 18, ch. 92, SLA 2010 AS 43.20.014(d)
Income tax education credit - Background:
Combined credits may not exceed $150,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.20.014(d)) was
found in Section 17, ch. 92, SLA 2010. Section 17
allowed for a combined credit that may not exceed
$5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
Section 21, ch. 92, SLA 2010 AS 43.55.019(a) Oil
and gas producer education credit The credit was
only allowed if a contribution was given for
instruction, research, and educational support
purposes, (including acquisitions and contributions to
the endowment) to the Alaska university foundation, a
two or four-year accredited college, or for secondary
school vocational education courses.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.55.019(a)) (Oil
and gas producer education credit) was found in
Section 20, ch. 92, 2010. Section 20 broadened the
credit, and added specific language to include
contributions for facilities. So, SB 116 continues its
repeal of Section 21 and allows Section 20 to remain.
Section 20 added specific language to include
contributions for facilities. Failure to pass SB 116
narrows the scope of contributions, and what they can
be used for.
H. Section 23, ch. 92 SLA 2010 AS 43.55.019(b) Oil
and Gas Producer Education Credit Amount of credit:
50 percent for contributions of not more than
$100,000. 100 percent of the next $100,000.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.55.019(b)) was
found in Section 22, ch. 92, SLA 2010. Section 22
allowed for 50 percent of contributions up to
$100,000, 100 percent for the next $200,000, and 50
percent of contributions that exceed $300,000.
In other words: If SB 116 does not pass, the tax
credits shall be reduced back to the lesser credit
amounts found in Section 23.
I. Section 25, ch. 92, SLA 2010 AS 43.55.019(d)
Oil and Gas Producer Education Credit May not claim
a credit if claimed under another provision. Can be
combined with other tax credits up to $150,000.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.55.019(d)) was
found in Section 24, ch. 92, SLA 2010. Section 24
allowed for a combined credit that may not exceed
$5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
J. Section 28, ch. 92, SLA 2010 AS 43.56.018(a)
Property tax education credit The credit was only
allowed if a contribution was given for instruction,
research, and educational support purposes, (including
acquisitions and contributions to the endowment) to
the Alaska university foundation, a two or four-year
accredited college, or for secondary school vocational
education courses.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.56.018(a))
(Oil and gas producer education credit) was found in
Section 27, ch. 92, 2010. Section 27 broadened the
credit, and added specific language to include
contributions for facilities. So, SB 116 repeals
Section 28 and allows Section 27 to remain. Section 27
is broader than Section 28. In Section 27, specific
language was added to include contributions for
facilities. Failure to pass SB 116 narrows the scope
of contributions, and what they can be used for.
K. Section 30, ch. 92, SLA 2010 AS 43.56.018(b)
Property tax education credit - Amount of credit: 50
percent for contributions of not more than $100,000.
100 percent of the next $100,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.56.018(b)) was
found in Section 29, ch. 92, SLA 2010. Section 29
allowed for 50 percent of contributions up to
$100,000, 100 percent for the next $200,000, and 50
percent of contributions that exceed $300,000.
In other words: If SB 116 does not pass, the tax
credits shall be reduced back to the standards set in
Section 30. L. Section 32, ch. 92, SLA 2010 AS
43.56.108(d) Property tax education credit - May not
claim a credit if claimed under another provision.
Background: Combined credits may not exceed $150,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.56.108(d)) was
found in Section 31, ch. 92, SLA 2010. Section 31
allowed for a combined credit that may not exceed
$5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
M. Section 35, ch. 92, SLA 2010 AS 43.65.018(a)
Mining business education credit - The credit was only
allowed if a contribution was given for instruction,
research, and educational support purposes, (including
acquisitions and contributions to the endowment) to
the Alaska university foundation, a two or four-year
accredited college, or for secondary school vocational
education courses.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.65.018(a))
Mining business education credit was found in
Section 34, ch. 92 2010. Section 34 broadened the
credit, and added specific language to include
contributions for facilities.
So, SB 116 repeals Section 35 and allows Section 34 to
remain. Section 34 is broader than Section 35. In
Section 34, specific language was added to include
contributions for facilities. Failure to pass SB 116
narrows the scope of contributions, and what they can
be used for.
N. Section 37, ch. 92, SLA 2010 AS 43.65.018(b)
Mining business education credit - Amount of credit:
50 percent for contributions of not more than
$100,000. 100 percent of the next $100,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.65.018(b)) was
found in Section 36, ch. 92, SLA 2010. Section 36
allowed for 50 percent of contributions up to
$100,000, 100 percent for the next $200,000, and 50
percent of contributions that exceed $300,000.
In other words: If SB 116 does not pass, the tax
credits shall be reduced back to the standards set in
Section 37.
O. Section 39, ch. 92, SLA 2010 - AS 43.65.018(d)) -
Mining business education credit May not claim a
credit if claimed under another provision. Background:
Combined credits may not exceed $150,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.65.018(d)) was
found in Section 38, ch. 92, SLA 2010. Section 38
allowed for a combined credit that may not exceed
$5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
P. Section 42, ch. 92, SLA 2010 AS 43.75.018(a)
Fisheries business education credit - The credit was
only allowed if a contribution was given for
instruction, research, and educational support
purposes, (including acquisitions and contributions to
the endowment) to the Alaska university foundation, a
two or four-year accredited college, or for secondary
school vocational education courses.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.75.018(a))
Fisheries business education credit was found in
Section 41, ch. 92, SLA 2010. Section 41 broadened the
credit, and added specific language to include
contributions for facilities. So, SB 116 continues its
repeal of Section 42 and allows Section 41 to remain.
Section 41 is broader than Section 42. In Section 41,
specific language was added to include contributions
for facilities. Failure to pass SB 116 narrows the
scope of contributions, and what they can be used for.
Q. Section 44, ch. 92, SLA 2010 AS 43.75.018(b)
Fisheries business education credit - Amount of
credit: 50 percent for contributions of not more than
$100,000. 100 percent of the next $100,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.75.018(b)) was
found in Section 43, ch. 92, SLA 2010. Section 43
allowed for 50 percent of contributions up to
$100,000, 100 percent for the next $200,000, and 50
percent of contributions that exceed $300,000.
In other words: If SB 116 does not pass, the tax
credits shall be reduced back to the standards set in
Section 44.
R. Section 46, ch. 92, SLA 2010 AS 43.75.018(d) -
Fisheries business education credit - May not claim a
credit if claimed under another provision. Background:
Combined credits may not exceed
$150,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.75.018(d)) was
found in Section 45, ch. 92, SLA 2010. Section 45
allowed for a combined credit that may not exceed
$5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
S. Section 49, ch. 92, SLA 2010 AS 43.77.045(a)
Fisheries resource landing tax education credit - The
credit was only allowed if a contribution was given
for instruction, research, and educational support
purposes, (including acquisitions and contributions to
the endowment) to the Alaska university foundation, a
two or four-year accredited college, or for secondary
school vocational education courses.
Noteworthy: The change to the statute that exists
today (which is also listed as AS 43.77.045(a))
Fisheries resource land tax education credit was
found in Section 48, ch. 92 2010. Section 48 broadened
the credit, and added specific language to include
contributions for facilities.
So, SB 116 continues its repeal of Section 49 and
allows Section 48 to remain. Section 48 is
substantially similarly to Section 49, however there
are variations in verbiage. Section 48 is broader. In
Section 48, specific language was added to include
contributions for facilities. Failure to pass SB 116
narrows the scope of contributions, and what they can
be used for. T. Section 51, ch. 92, SLA 2010 AS
43.77.045(b) Fisheries resource landing tax
education credit - Amount of credit: 50 percent for
contributions of not more than $100,000. 100 percent
of the next $100,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.77.045(b)) was
found in Section 50, ch. 92, SLA 2010. Section 50
allowed for 50 percent of contributions up to
$100,000, 100 percent for the next $200,000, and 50
percent of contributions that exceed $300,000.
In other words: If SB 116 does not pass, the tax
credits shall be reduced back to the standards set in
Section 51. These credits become narrower.
U. Section 53, ch. 92, 2010 AS 43.77.045(d)
Fisheries resource landing tax education credit - May
not claim a credit if claimed under another provision.
Background: Combined credits may not exceed $150,000.
Noteworthy: The change in the statute that exists
today (which is also listed as AS 43.77.045(d)) was
found in Section 52, ch. 92, SLA 2010. Section 52
allowed for a combined credit that may not exceed
$5,000,000.
In other words: If SB 116 is passed, the combined
credit will remain at the current $5,000,000 amount,
instead of reverting back to $150,000.
V. Section 55, ch. 92, 2010 Repeals outdated
statutes and previous definitions that were redundant
or unnecessary, including AS 21.06.110(9), AS
21.89.070(f), AS 21.89.075(f), AS 43.05.010(15), AS
43.20.014(f), AS 43.55.019(f), AS 43.56.018(f), AS
43.65.018(f), AS 43.75.018(f), and AS 43.77.045(f).
W. Section 14, ch. 7, FSSLA 2011 Repealed multiple
statutes as of Jan. 1, 2021 (went from 2014 to 2021).
a. AS 21.96.070(a)(4) Insurance tax education credit
Credit for cash contribution for a facility or
intercollegiate sports tournament, by an Alaska two-
year or four-year college.
b. AS 21.96.070(a)(5) Insurance tax education credit
Credit for cash contribution to a native cultural
program, K-12.
c. AS 21.96.070(a)(6) Insurance tax education credit
Credit for cash contribution to coastal ecosystem
learning center and related facilities/programs under
the Coastal America Partnership.
d. AS 43.20.014(a)(4) Income tax education credit
Credit for cash contribution for a facility by an
Alaska two-year or four-year college or elementary or
secondary school.
e. AS 43.20.014(a)(5) Income tax education credit
Credit for cash contribution to a native cultural
program, K-12.
f. AS 43.20.014(a)(6) - Income tax education credit -
Credit for cash contribution to coastal ecosystem
learning center and related facilities/programs under
the Coastal America Partnership.
g. AS 43.55.019(a)(4) Oil and gas producer education
credit Credit for cash contribution for a facility
or an intercollegiate sports tournament, by an Alaska
two-year or four-year college.
h. AS 43.55.019(a)(5) Oil and gas producer education
credit Credit for cash contribution to a native
cultural program, K-12.
i. AS 43.55.019(a)(6) Oil and gas producer education
credit Credit for cash contribution to coastal
ecosystem learning center and related
facilities/programs under the Coastal America
Partnership.
j. AS 43.56.018(a)(4) Property tax education credit
Credit for cash contribution for a facility or an
intercollegiate sports tournament, by an Alaska two-
year or four-year college.
k. AS 43.56.018(a)(5) Property tax education credit
Credit for cash contribution to a native cultural
program, K-12.
l. AS 43.56.018(a)(6) Property tax education credit
Credit for cash contribution to coastal ecosystem
learning center and related facilities/programs under
the Coastal America
Partnership.
m. AS 43.65.018(a)(4) Mining business education
credit Credit for cash contribution for a facility
by an Alaska two-year or four-year college or
elementary or secondary school.
n. AS 43.65.018(a)(5) Mining business education
credit Credit for cash contribution to a native
cultural program, K-12.
o. AS 43.65.018(a)(6) - Mining business education
credit - Credit for cash contribution to coastal
ecosystem learning center and related
facilities/programs under the Coastal America
Partnership.
p. AS 43.75.018(a)(4) Fisheries business education
credit - Credit for cash contribution for a facility
by an Alaska two-year or four-year college or
elementary or secondary school.
q. AS 43.75.018(a)(5) Fisheries business education
credit - Credit for cash contribution to a native
cultural program, K-12.
r. AS 43.75.018(a)(6) Fisheries business education
credit - Credit for cash contribution to coastal
ecosystem learning center and related
facilities/programs under the Coastal America
Partnership.
s. AS 43.77.045(a)(4) Fishery resources landing tax
education credit - Credit for cash contribution for a
facility by an Alaska two-year or four-year college or
elementary or secondary school.
t. AS 43.77.045(a)(5) - Fishery resources landing tax
education credit - Credit for cash contribution to a
native cultural program, K-12.
u. AS 43.77.045(a)(6) - Fishery resources landing tax
education credit - Credit for cash contribution to
coastal ecosystem learning center and related
facilities/programs under the Coastal America
Partnership.
In other words: If this portion of SB116 does not
pass, the above-mentioned broad education tax
contributions would narrow effective January 1, 2021.
X. Sections 15, 17, 19, 21, 23, and 25 of ch. 74, SLA
2012 take effect January 1, 2021.
Section 15, ch. 74, SLA 2012 AS 43.20.014(a)
Income tax education credit - Credit for contributions
given for instruction, research, and educational
support purposes, (including acquisitions and
contributions to the endowment) to the Alaska
university foundation, a two or four-year accredited
college, for secondary school vocational education
courses, for state-operated vocational technical
education and for contributions for the Alaskan higher
education investment fund under AS 37.14.750 (fund
makes grants and scholarships). Section 15 only lists
AS 43.20.014(a)(1-4).
Noteworthy: The current language found in statute,
pursuant to Section 14, ch. 74, SLA 2012, exists as AS
43.20.014(a)(1-7). This broader language includes
credit for contributions for facilities or
intercollegiate sports tournaments by nonprofit,
public or private Alaska colleges, Alaska Native
cultural programs, and educational/research/facilities
under the Coastal America Partnership.
In other words: If SB116 passes, Section 14, which is
broader, would remain. Section 15, which is narrower,
would be repealed.
Y. Section 17, ch. 74, SLA 2012 AS 43.55.019(a)
Oil and gas producer education credit Credit for
contributions given for instruction, research, and
educational support purposes, (including acquisitions
and contributions to the endowment) to the Alaska
university foundation, a two or four-year accredited
college, for secondary school vocational education
courses, for state-operated vocational technical
education and for contributions for the Alaskan higher
education investment fund under AS 37.14.750 (fund
makes grants and scholarships). Section 17 only lists
AS 43.55.019(a)(1-4).
Noteworthy: The current language found in statute,
pursuant to Section 16, ch.74, SLA 2012, exists as AS
43.55.019(a)(1-7). This broader language includes
credit for contributions for facilities or
intercollegiate sports tournaments by nonprofit,
public or private Alaska colleges, Alaska Native
cultural programs, and educational/research/facilities
under the Coastal America Partnership.
In other words: If SB116 passes, Section 16, which is
broader, would remain. Section 17, which is narrower,
would be repealed.
Z. Section 19, ch. 74, SLA 2012 AS 43.56.018(a)
Property tax education credit - Credit for
contributions given for instruction, research, and
educational support purposes, (including acquisitions
and contributions to the endowment) to the Alaska
university foundation, a two or four-year accredited
college, for secondary school vocational education
courses, for state-operated vocational technical
education and for contributions for the Alaskan higher
education investment fund under AS 37.14.750 (fund
makes grants and scholarships). Section 19 only lists
AS 43.56.018(a)(1-4).
Noteworthy: The current language found in statute,
pursuant to Section 18, ch.74, SLA 2012, exists as AS
43.56.018(a)(1-7). This broader language includes
credit for contributions for facilities or
intercollegiate sports tournaments by nonprofit,
public or private Alaska colleges, Alaska Native
cultural programs, and educational/research/facilities
under the Coastal America Partnership.
In other words: If SB116 passes, Section 18, which is
broader, would remain. Section 19, which is narrower,
would be repealed.
AA. Section 21, ch. 74, SLA 2012 - AS 43.65.018(a)
Mining business education credit - Credit for
contributions given for instruction, research, and
educational support purposes, (including acquisitions
and contributions to the endowment) to the Alaska
university foundation,
a two or four-year accredited college, for secondary
school vocational education courses, for state
operated vocational technical education and for
contributions for the Alaskan higher education
investment fund under AS 37.14.750 (fund makes grants
and scholarships). Section 21 only lists AS
43.65.018(a)(1-4).
Noteworthy: The current language found in statute,
pursuant to Section 20, ch.74, SLA 2012, exists as AS
43.65.018(a)(1-7). This broader language includes
credit for contributions for facilities or
intercollegiate sports tournaments by nonprofit,
public or private Alaska colleges, Alaska Native
cultural programs, and educational/research/facilities
under the Coastal America Partnership.
In other words: If SB116 passes, Section 20, which is
broader, would remain. Section 21, which is narrower,
would be repealed.
BB. Section 23, ch. 74, SLA 2012 AS 43.75.018(a)
Fisheries business education tax - Credit for
contributions given for instruction, research, and
educational support purposes, (including acquisitions
and contributions to the endowment) to the Alaska
university foundation, a two or four-year accredited
college, for secondary school vocational education
courses, for state-operated vocational technical
education and for contributions for the Alaskan higher
education investment fund under AS 37.14.750 (fund
makes grants and scholarships). Section 23 only lists
AS 43.75.018(a)(1-4).
Noteworthy: The current language found in statute,
pursuant to Section 22, ch.74, SLA 2012, exists as AS
43.75.018(a)(1-7). This broader language includes
credit for contributions for facilities or
intercollegiate sports tournaments by nonprofit,
public or private Alaska colleges, Alaska Native
cultural programs, and educational/research/facilities
under the Coastal America Partnership.
In other words: If SB116 passes, Section 22, which is
broader, would remain. Section 23, which is narrower,
would be repealed.
CC. Section 25, ch. 74, SLA 2012 AS 43.77.045(a)
Fisheries resource landing tax education credit -
Credit for contributions given for instruction,
research, and educational support purposes, (including
acquisitions and contributions to the endowment) to
the Alaska university foundation, a two or four-year
accredited college, for secondary school vocational
education courses, for state operated vocational
technical education and for contributions for the
Alaskan higher education investment fund under AS
37.14.750 (fund makes grants and scholarships).
Section 25 only lists AS 43.77.045(a)(1-4).
Noteworthy: The current language found in statute,
pursuant to Section 24, ch.74, SLA 2012, exists as AS
43.77.045(a)(1-7). This broader language includes
credit for contributions for facilities or
intercollegiate sports tournaments by nonprofit,
public or private Alaska colleges, Alaska Native
cultural programs, and educational/research/facilities
under the Coastal America Partnership.
In other words: If SB116 passes, Section 24, which is
broader, would remain. Section 25, which is narrower,
would be repealed.
DD. Section 49, ch. 14, SLA 2014 AS 43.55.019(a)
Oil and gas producer education credit Credit for
cash contribution for vocational education, VA post-
secondary education, non-profit regional training
center for Department of Labor, and an apprenticeship
program through department of labor. Section 49 only
lists AS 43.55.019(a)(1-4).
Noteworthy: The current language found in statute,
pursuant to Section 48, ch.14, SLA 2014, exists as AS
43.55.019 (a)(1-7). This broader language includes
credit for contributions for facilities or
intercollegiate sports tournaments by nonprofit,
public or private Alaska colleges, Alaska Native
cultural programs, and educational/research/facilities
under the Coastal America Partnership. In other words:
If SB116 passes, Section 48, which is broader, would
remain. Section 49, which is narrower, would be
repealed.
EE. Section 37, ch. 15, SLA 2014 AS 43.20.014(a)
Income tax education credit Credit for cash
contributions to private and public elementary school
or secondary school, for vocational education courses,
a nonprofit regional training center recognized by the
Department of Labor, an apprenticeship program for
Department of Labor, funding for a scholarship awarded
by a nonprofit organization to a duel-credit student,
for housing facility for the department of education,
children early learning programs, and nonprofit
organizations dedicated to education and public
service.
Section 37 only lists AS 43.20.014(a)(1-8).
Noteworthy: The current language found in statute,
pursuant to Section 36, ch.15, SLA 2014, exists as AS
43.20.014 (a)(1-12). It includes more credit
opportunities, such as allowing credit for
contributions to programs such as K-12 science,
technology, engineering, and math programs (STEM
programs). This broader language also includes credit
for contributions for facilities or intercollegiate
sports tournaments by nonprofit, public or private
Alaska colleges, Alaska Native cultural programs, and
educational/research/facilities under the Coastal
America Partnership.
In other words: If SB116 passes, Section 36, which is
broader, would remain. Section 37, which is narrower,
would be repealed.
FF. Section 40, ch. 15, SLA 2014 AS 43.65.018(a)
Mining business tax credit - Credit for cash
contributions to private and public elementary school
or secondary school, for vocational education courses,
a nonprofit regional training center recognized by the
Department of Labor, an apprenticeship program for
Department of Labor, funding for a scholarship awarded
by a nonprofit organization to a duel-credit student,
for housing facility for the department of education,
children early learning programs, and nonprofit
organizations dedicated to education and public
service.
Section 40 only lists AS 43.65.018(a)(1-8).
Noteworthy: The current language found in statute,
pursuant to Section 39, ch.15, SLA 2014, exists as AS
43.65.018 (a)(1-12). It includes more credit
opportunities, such as allowing credit for
contributions to programs such as K-12 science,
technology, engineering, and math programs (STEM
programs). This broader language also includes credit
for contributions for facilities or intercollegiate
sports tournaments by nonprofit, public or private
Alaska colleges, Alaska Native cultural programs, and
educational/research/facilities under the Coastal
America Partnership.
In other words: If SB116 passes, Section 39, which is
broader, would remain. Section 40, which is narrower,
would be repealed.
GG. Section 43, ch. 15, SLA 2014 AS 43.75.018(a) -
Fisheries business tax - Credit for cash contributions
to private and public elementary school or secondary
school, funding for a scholarship awarded by a
nonprofit organization to a duel-credit student, for
housing facility for the department of education,
children early learning programs, and nonprofit
organizations dedicated to education and public
service. Section 43 only lists AS 43.75.018(a)(1-8).
Noteworthy: The current language found in statute,
pursuant to Section 42, ch.15, SLA 2014, exists as AS
43.75.018 (a)(1-12). It includes more credit
opportunities, such as allowing credit for
contributions to programs such as K-12 science,
technology, engineering, and math programs (STEM
programs). This broader language also includes credit
for contributions for facilities or intercollegiate
sports tournaments by nonprofit, public or private
Alaska colleges, Alaska Native cultural programs, and
educational/research/facilities under the Coastal
America Partnership.
In other words: If SB116 passes, Section 42, which is
broader, would remain. Section 43, which is narrower,
would be repealed.
HH. Section 46, ch. 15, SLA 2014 AS 43.77.045(a)
Floating fisheries resource landing tax education
credit - Credit for cash contributions to private and
public elementary school or secondary school, funding
for a scholarship awarded by a nonprofit organization
to a duel-credit student, for housing facility for the
department of education, children early learning
programs, and nonprofit organizations dedicated to
education and public service. Section 46 only lists AS
43.77.045(a)(1-8).
Noteworthy: The current language found in statute,
pursuant to Section 45, ch.15, SLA 2014, exists as AS
43.77.045 (a)(1-12). It includes more credit
opportunities, such as allowing credit for
contributions to programs such as K-12 science,
technology, engineering, and math programs (STEM
programs). This broader language also includes credit
for contributions for facilities or intercollegiate
sports tournaments by nonprofit, public or private
Alaska colleges, Alaska Native cultural programs, and
educational/research/facilities under the Coastal
America Partnership.
In other words: If SB116 passes, Section 45, which is
broader, would remain. Section 46, which is narrower,
would be repealed.
II. Section 26, ch. 61, SLA 2014 These have already
been repealed above. But they are repealed again in
this provision. Sections 3, 5, 7, 10, 14, 16, 18, 21,
23, 25, 28, 30, 32, 35, 37, 39, 42, 44, 46, 49, 51,
53, and 55, ch. 92, SLA 2010, sec.14, ch.7, FSSLA
2011, and sec. 15, 17, 19, 21, 23, and 25, ch. 74, SLA
2012 are repealed.
JJ. Section 31, ch. 61, SLA 2014 Section 57, ch.92,
SLA 2010 (the Act takes effect Jan. 1, 2014)
as amended by sec. 15, ch.7, FSSLA 2011 (the Act takes
effect Jan. 1, 2021), and sec.32, ch.74, SLA 2012
(effective date Jan. 1, 2021), are repealed.
Section 3 Section 57, ch. 92, SLA 2010 (effective
date: 1-1-14); Section 15, ch 7, FSSLA 2011 (Effective
date: 1-1-21); Section 32, ch.74, SLA 2012 (effective
date: 1-1-21); Section 82, ch. 14, SLA 2014 (effective
1-1-21); and section 61, ch.15, SLA 2014(effective
date: 1-1-21) are repealed.
Section 4 Section 37, ch. 61, SLA 2014, is amended
to read: Section 1 (credit claimed every year in the
annual report), Section 2 (applies to tax payers that
pay tax) and Section 21 (AS 21.66.110(b) (insurance
tax education credit), AS 21.96.070 (tax on title
insurance premiums), AS 21.96.075(c)(2)(insurance tax
education credit), AS 43.05.010(15)(duties of
commissioner (report credit classes for calendar
year)), AS 43.20.014 (income tax education credit), AS
43.55.019 (oil and gas producer education credit), AS
43.56.018 (property tax education credit), AS
43.65.018 (mining business education credit), AS
43.75.018 (fish business education credit), AS
43.75.130(g)(refund to local government "tax revenue
collected"),
AS 43.77.045 (fisheries resource landing tax credits)
and AS 43.77.060(e)(revenue sharing "apply credit),
takes effect January 1, 2025.
In other words: The repeal of the educations tax
credits in their current statutory form, will take
place on January 1, 2025, instead of December 31,
2018.
Section 5 The Act is effective immediately.
9:26:02 AM
KEN ALPER, DIRECTOR, TAX DIVISION, DEPARTMENT OF REVENUE,
introduced himself.
Co-Chair MacKinnon stated that there were multiple
questions about the structure of the bill, and the
recommendations for change. She requested additional
information about the document with listed recipients of
the tax credit. She wondered whether the donors were
listed.
Mr. Alper stressed that the administration had no formal
position on the bill. He was available for information and
to provide clarification. He noted that there were three
changes in the bill. One change kept the program from an
outright sunset in December 2018. He stated that the tax
rates were supposed to change in 2021. He furthered that
there was an issue of what entities were qualified, and the
schedule for change. He noted that those issues were not
inherently linked to one another. He remarked that it was a
complex piece of legislation, because the education tax
credit was written in parallel in seven different places in
statute. He remarked that it could be offset against the
Fisheries Tax, Insurance Tax, etc. He stated that it
appeared in the tax statutes for each of those taxes as its
own section. He stressed that the language had been kept
almost consistent throughout the years. He noted that,
currently, it was an 83 percent tax credit. He shared that
there was a typical donation of $300,000 donation, which
was the maximum rate to receive the maximum benefit.
9:32:18 AM
Senator Stevens noted that the industry chose to where the
money would go, but there was a hope that the money would
have positive educational impact. He queried whether there
was a concern about the future of the program. Mr. Alper
replied in the negative, but felt that the statutory
language should be fixed, because of some ambiguities. He
remarked that there maybe should not be a preapproval
system, because of the added work to the department. He
stated that before the expansion of the tax credit in 2010,
it was capped at $150,000 per company. He remarked that
there was much less risk at that scale.
Senator Stevens surmised that the Department of Education
and Early Development (DEED) and school districts had no
input on the designation of the money. Mr. Alper replied
that he understood that potential recipients were working
closely with potential donors.
Senator von Imhof wondered whether companies were self-
serving, or was there a belief of a greater good with the
education credits. Mr. Alper replied that companies
sometimes donated to their own benefit, but that did not
necessarily indicate something bad, only looking out for
their own interests.
9:36:25 AM
Senator von Imhof felt that those educational contributions
were beneficial to the entire state.
Co-Chair MacKinnon noted that the University of Alaska
received several donations to complete the engineering
building in Fairbanks, she wondered whether that was
accurate. Mr. Alper did not know for certain, but
understood that there was an effort to seek donations for
that purpose.
Co-Chair MacKinnon wondered whether that was the reason for
the request of $2 million to $4 million for the operating
costs for that building. Mr. Alper replied that he did not
know, but felt that if Co-Chair MacKinnon said it, he
believed her.
Co-Chair MacKinnon felt that asking for donations that
might increase operating costs would result in projects
halting because of the lack of revenue to the state.
Senator von Imhof noted that the fiscal note showed a loss
of $6.8 million in 2020. Mr. Alper replied that the second
page of the fiscal note listed the total credits used in
2015, 2016, and 2017. She stated that the $6.8 million was
the average of those three numbers.
Senator von Imhof wondered how long the program had been in
place. Mr. Alper replied that the initial education tax
credit was passed in 1987, but had been adjusted since
then.
Senator von Imhof felt it was interesting that the fiscal
note showed a loss to the state of $6.8 million, when the
state had the program in place since 1987. She felt that
the money was going directing to state programs by going
directly to the universities and eliminating administrative
costs. She argued that it was a savings to the state. She
asserted that stated that the program would continue to
cost the state was disingenuous. She stressed that it was a
good program that went directly to the universities. She
felt that the fiscal note was inaccurate.
9:41:08 AM
Co-Chair MacKinnon queried the process by which the
university or donor received the benefit. Mr. Alper replied
that the tax payer or corporation would write a check to
the university in the amount of the donation; that would be
used in their tax calculation with a line on the tax form
for the education tax credit, subtract it, and remit taxes
for the difference. He stressed that it was not a credit
that was refundable or cashable; rather only used to
subtract from a company's taxes. He clarified that there
was no attempt to make a policy statement or be
disingenuous. He explained that the tax credit, per current
law, would sunset on December 31, 2018. In the absence of
any legislative action, the program would disappear in FY
20. He stated that the analysis determined what would
change versus current law.
Co-Chair MacKinnon she felt that it would create additional
revenue to the state.
Senator Micciche felt that it was important to review the
fiscal note, and he supported the fiscal note. He felt that
it was important to determine the difference of revenues
versus what would actually be contributed to the state. He
stressed that not all payouts were a direct state benefit.
He stated that he had many more questions that he would ask
offline. He remarked that there were several organizations
that fell under the "other" category, and felt that the
legislature should have input about where the money would
be going. He requested a break out of the impact of the
smaller historic rate. He shared that the "potential" cost
to the state might be much higher, and requested an
analysis of the fiscal note without the $5 million cap. Mr.
Alper replied that he had began that analysis. He stated
that all donations above the $300,000 would have no value.
9:45:32 AM
Co-Chair MacKinnon requested a graph to ten years prior
form the point of changing from $150,000 to $300,000. She
was concerned with the risk, as there was encouragement to
other tax payers to contribute more for particular
purposes.
Senator Micciche spoke in support of the program, but was
interested in "tightening" it up so some of the peripheral
programs were not included. He felt that it was important
understand the potential of including everyone.
Senator Stevens understood that there was some great work
with the funds, but expressed concern about how no one has
examined to determined whether the funds were for proper
educational services. He wanted to see some oversight of
the use of the funds. Mr. Alper stated that there should be
an annotated list of qualifying entities, with the twelve
statutory sections.
Co-Chair MacKinnon stressed that indirect expense was a
large cost to the state.
9:49:03 AM
SUSAN FOLEY, PRESIDENT, UNIVERSITY OF ALASKA FOUNDATION,
ANCHORAGE (via teleconference), spoke in support of the
legislation. She felt that the conversations were
substantial and difficult. She wanted to supplement her
previous written testimony with comments about remarks in
the meeting. She referenced Senator von Imhof's comments
about a slowing in donations. She discussed the University
of Alaska Foundation, which was the charitable arm of the
university, and accepted all charitable contributions. She
discussed different uses for donations. She discussed the
foundation's obligation to the use of funds and being in
line with donor's requests. The foundation charged a small
amount for managing the funds (1 percent on endowments and
5 percent on shorter term funds). The foundation reported
back to donors to communicate the benefits from the
donations. The programs being supported were "leveraged"
programs.
Co-Chair MacKinnon queried whether there was support of
opposition. Ms. Foley replied that she supported the bill.
9:55:53 AM
Senator Stevens surmised that a corporation could give a
donation to the university, but take it as a tax credit. In
return, they could give scholarships to only their members
or employees. Ms. Foley disagreed. She stressed that a
donor could not direct where the scholarships would be
awarded.
Co-Chair MacKinnon wondered whether the donor could direct
what they were giving scholarships for. Ms. Foley replied
in the affirmative.
Co-Chair MacKinnon surmised that one could give a
scholarship or women's studies or engineering, etc. Ms.
Foley agreed.
Senator Micciche wondered whether money could be given for
athletic programs. Ms. Foley replied in the affirmative,
and for narrow purposes for the University of Alaska.
Co-Chair MacKinnon hoped that Ms. Foley would be available
for questions. Ms. Foley obliged.
Co-Chair Hoffman wondered whether money could be given for
a specific community. Ms. Foley replied that there could be
permitted scholarships for recipients from particular
community, but Title IX must be followed to ensure that
scholarships were not granted on a discriminatory basis.
9:58:48 AM
TOMMY SHERIDAN, SILVER BAY SEAFOODS, CORDOVA (via
teleconference), spoke in support of the bill. He gave some
history of his company. He stated that funding through
education tax credits resulted in notable training
opportunities for Alaskan youth.
10:02:08 AM
MIKE SATRE, GOVERNMENT AND COMMUNITY RELATIONS MANAGER,
HECLA MINING, JUNEAU, understood the desire for tax credit
sunsets so the legislature could properly review the
credits. He felt that the education tax credits were
working, and he supported a clean extension of the tax
credits in order to continue to promote partnerships of
private industry with the educational system in order to
develop an Alaskan workforce.
10:06:35 AM
DOUG WALRATH, DIRECTOR, NORTHWEST ALASKA CAREER AND
TECHNICAL CENTER, NOME (via teleconference), spoke in
support of the bill with a sunset extension to 2025. He
remarked that tax credit contributions accounted for one-
third of the center's annual operating budget. He stated
that since 1009 there was active pursuit of industry
partnership.
Senator Olson expressed concern about the narrowing of
scope and decrease of value in 2021. He wondered whether
the bill would cause and increase or decrease of donor
contributions. Mr. Walrath replied that he was concerned
with any changes. He stated that approaching industry
partners with an incentive encouraged new partnerships with
industry.
Co-Chair MacKinnon CLOSED public testimony.
10:11:46 AM
Vice-Chair Bishop discussed the fiscal note.
Co-Chair MacKinnon announced that amendments were due the
upcoming Friday.
SB 116 was HEARD and HELD in committee for further
consideration.