SB 1149 — tax credit review; evaluation standard

SB1149 - 541R - H-Judiciary-ProposedS Ver   Fifty-fourth  Legislature                                                 JudiciarySenate Engrossed         State of Arizona Senate Fifty-fourth Legislature First Regular Session                                                  Session S.B.      SENATE BILL 1149       AN ACT   amending section 43‑221, Arizona Revised Statutes;

 relating PROPOSEDto HOUSEincome OFtax REPRESENTATIVEScredit AMENDMENTSreview. TO S.B.

1149  (Reference  to(TEXT proposedOF S/EBILL ALLENBEGINS amendmentON datedNEXT 3/22/19;PAGE)   Be it enacted by the Legislature of the State of Arizona:

2:37Section 1.  Section PM)43-221,  Arizona  Revised  Statutes, Pageis 14,amended line 17, after the second "school" insert "pursuant to titleread: 15, chapter 8, article 1.1" Amend title to conform     JOHN M.

ALLENSTART_STATUTE43-221.  Joint  legislative  income 1149ALLENtax Jcredit 03/26/2019review 11:51committee; AM H:

JS/lscommittee  termination  A.  The joint legislative income tax credit review committee is established consisting of the following members:

1.  Five members of the house of representatives ways and means committee who are appointed by the speaker of the house of representatives.  Not more than three appointees shall be of the same political party.

2.  Five members of the senate finance committee who are appointed by the president of the senate.  Not more than three appointees shall be of the same political party.

B.  The committee shall determine the original purpose of existing tax credits and establish a standard for evaluating and measuring the success or failure of the tax credits.  The standard for evaluating tax credits may include:

1.  The history, rationale and estimated revenue impact of the credit.

2.  Whether the credit has provided a benefit to this state including, for corporate tax credits, measurable economic development, new investments, creation of new jobs or retention of existing jobs in this state.

3.  Whether the credit is unnecessarily complex in the application, administration and approval process.

4.  Whether adequate protections are in place to ensure that the fiscal impact of the credit in future years will not substantially increase beyond projections available when the credit is evaluated.

C.  The committee shall review the individual and corporate income tax credits pursuant to the schedule prescribed in section 43‑222.  The committee shall use the joint legislative budget committee staff and may use the staff of the department of revenue and legislative council for assistance.

D.  After completing the review process, the committee shall determine whether the credit should be amended, repealed or retained.  If the credit is recommended to be retained or amended, the committee shall recommend that the credit be returned to the income tax credit review schedule prescribed in section 43‑222.  The next review year shall be the fifth full calendar year following the date the credit was reviewed.  The committee shall report its findings and recommendations to the president of the senate, the speaker of the house of representatives and the governor by December 15 of the year that the committee reviews the credit.  The committee shall provide a copy of the report to the director of the Arizona state library, archives and public records secretary of state.

E.  The committee established by this section ends on July 1, 2022 pursuant to section 41‑3103.

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