ARIZONA STATE LEGISLATURE
Forty-ninth Legislature – First Regular Session
JOINT LEGISLATIVE INCOME TAX CREDIT REVIEW COMMITTEE
Minutes of Interim Meeting
House Hearing Room 5 -- 1:00 p.m.
Chairman Murphy called the meeting to order at 1:08 p.m. and attendance was noted by the secretary.
Members Present
Senator Jim Waring, Co-Chairman Representative Richard A. Murphy, Co-Chairman
Senator Ken Cheuvront Representative Jack Brown
Senator Ron Gould Representative Tom Chabin
Representative Michele Reagan
Representative Steven Yarbrough
Members Absent
Senator Pamela Gorman
Senator Richard Miranda
Presentation by Joint Legislative Budget Committee Staff on Income Tax Credits on the 2009 Review Schedule
Hans Olofsson, Joint Legislative Budget Committee (JLBC), gave a presentation on the income tax credits on the 2009 Review Schedule (Attachments 1 and 2):
Senator Cheuvront stated that no job creation is tied to the Agricultural Water Conservation System Tax Credit and wondered why a subsidy is provided for purchase of equipment when the resource is limited anyway and the tax credit is probably used to pay for second purchases of equipment. He said as the amount of agriculture diminishes and usage of the tax credit increases, it appears to be counterintuitive.
Representative Brown remarked that it is difficult to obtain details on the tax credits unless a certain number of claims are made and there should be a better way to provide a credit to stimulate an activity. He is a rancher and he did not know about any of these tax credits nor has he participated in any to his knowledge. He added that the Healthy Forest Enterprise Tax Credit may be needed because something needs to be done to thin out trees.
Co-Chairman Murphy acknowledged that lack of information is a problem. He stated that if an entity is going to take a tax credit, its books should be open at least to a limited extent so legislators are able to find out who took a tax credit and the amount.
The Members agreed to recommend elimination of the Agricultural Pollution Control Equipment Tax Credit and the Agricultural Water Conservation System Tax Credit.
Referring to the Healthy Forest Enterprise Tax Credit, Co-Chairman Murphy noted that not much data is available, but this tax credit may create jobs and perform a useful function.
Mr. Olofsson advised that the minimum requirement is at least three companies in order for the Arizona Department of Revenue to be able to release information, so the seven claimants in 2008 exceed the requirement.
Co-Chairman Murphy suggested that if the Committee Members wish to continue the Healthy Forest Enterprise Tax Credit, the recommendation should include a provision in statute requiring disclosure of the tax credit information.
Representative Chabin recalled that when the tax credit was created the intent was that industries could be developed to harvest the small diameter trees that cause forest fires to become very volatile. A $1,500 tax credit is provided if an employee remains with the company for three years, which is happening, and the theory was that an employee making $15,000 or $20,000 would generate more than that in taxes. He said he believes the employer is required to provide health benefits so the employee is not a burden to taxpayers, i.e., eligible for the Arizona Health Care Cost Containment System. He endorsed Co-Chairman Murphy’s recommendation relating to transparency.
Senator Waring moved that the Committee recommend elimination of the Agricultural Pollution Control Equipment Tax Credit and the Agricultural Water Conservation System Tax Credit. The motion carried by a roll call vote of 8-0-0-2 (Attachment 3).
Representative Chabin moved that the Committee recommend that the Healthy Forest Enterprise Tax Credit be continued, leaving the credit on the Income Tax Credit Review Schedule for review again in 2014, require performance measures to be enhanced (as noted on page 12 of the JLBC Report [Attachment 2]), and that those who take advantage of the tax credit waive the confidentiality statute specific to the tax credit portion of their tax return. The motion carried by a roll call vote of 5-3-0-2 (Attachment 4).
Without objection, the meeting adjourned at 1:50 p.m.
_______________________________
Linda Taylor, Committee Secretary
December 11, 2009
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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JOINT LEGISLATIVE INCOME TAX
CREDIT REVIEW COMMITTEE
December 10, 2009
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