Alabama 2025 Regular Session

Alabama House Bill HB46 Compare Versions

Only one version of the bill is available at this time.
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33 HB46
44 9RZHPBM-1
55 By Representative Oliver
66 RFD: Ways and Means Education
77 First Read: 04-Feb-25
88 PFD: 01-Oct-24
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1616 PFD: 01-Oct-24
1717 SYNOPSIS:
1818 Under existing law, a physician who qualifies as
1919 a rural physician in a small or rural community with a
2020 small or rural hospital is entitled to a tax credit of
2121 $5,000 each year for five years. This credit is
2222 repealed effective December 31, 2028.
2323 This bill would move up the repeal date of the
2424 existing rural physician income tax credit to end with
2525 the tax year ending on December 31, 2025, but would
2626 authorize a physician claiming the credit for the tax
2727 year ending on December 31, 2025, to claim the new
2828 physician income tax credit for the remainder of the
2929 five-year credit period if the physician qualifies
3030 under the new credit.
3131 This bill would further provide a new rural
3232 physician income tax credit effective for tax years
3333 beginning on or after January 1, 2026, for four years.
3434 The bill would further define the requirements
3535 for residence and the definition of a "rural
3636 community."
3737 The bill would require the Alabama Statewide
3838 Area Health Education Center Program Office to
3939 administer the program and to issue certificates to
4040 physicians who qualify for the tax credit.
4141 A BILL
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7171 A BILL
7272 TO BE ENACTED
7373 AN ACT
7474 Relating to state income tax credits for rural
7575 physicians; to designate Sections 40-18-130, 40-18-131,
7676 40-18-132, and 40-18-133, Code of Alabama 1975, as Division 1
7777 of Article 4A of Chapter 18 of Title 40, Code of Alabama 1975,
7878 and to move up the repeal of the income tax credit authorized
7979 for a rural physician under Division 1 to be effective
8080 December 31, 2025; to add Division 2 to Article 4A of Chapter
8181 18, Title 40, Code of Alabama 1975, to provide for a new rural
8282 physician income tax credit; to provide definitions; and to
8383 require the Alabama Statewide Area Health Education Center
8484 Program Office, in consultation with the State Board of
8585 Medical Examiners, to certify physicians who qualify for the
8686 new income tax credit.
8787 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
8888 Section 1.(a) Sections 40-18-130, 40-18-131, 40-18-132,
8989 and 40-18-133, Code of Alabama 1975, are designated as
9090 Division 1 of Article 4A of Chapter 18 of Title 40, Code of
9191 Alabama 1975.
9292 Section 2. Section 40-18-133, Code of Alabama 1975, is
9393 amended to read as follows:
9494 "§40-18-133
9595 (a) The Rural Physician Tax Credit ,under Division 1 of
9696 Article 4A, commencing with Section 40-18-130, Chapter 18, of
9797 Title 40, is repealed terminated effective December 31, 2028,
9898 unless extended by an act of the Legislature prior to that
9999 date for no more than five additional years 2025.
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129129 date for no more than five additional years 2025.
130130 (b) The repealing terminating of the incentives in
131131 subsection (a) shall only affect the availability of the tax
132132 credits after December 31, 2028, and shall not cause a
133133 reduction or suspension of any credits awarded on or prior to
134134 December 31, 20252028.
135135 Section 3. Division 2 of Article 4A, commencing with
136136 Section 40-18-134, is added to Chapter 18 of Title 40, Code of
137137 Alabama 1975, to read as follows:
138138 Division 2.
139139 §40-18-134
140140 It is the intent of the Legislature to institute
141141 programs that will make rural Alabama communities more
142142 competitive in the recruitment and retention of physicians and
143143 reduce inequities that rural communities have in the funding
144144 and recruitment of physicians.
145145 §40-18-134.1
146146 For the purposes of this division, the following words
147147 have the following meanings, respectively, unless the context
148148 clearly indicates otherwise:
149149 (1) PRACTICES MEDICINE. The practice of medicine or
150150 osteopathy as defined in Section 34-24-50.
151151 (2) RURAL COMMUNITY. According to the most recent
152152 federal decennial census, an area within a county having a
153153 population of 50,000 or less inhabitants, that is one of the
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155155 a. A municipality that has a population of 20,000 or
156156 less inhabitants.
157157 b. The unincorporated area of the county.
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187187 b. The unincorporated area of the county.
188188 (3) RURAL PHYSICIAN. A physician licensed to practice
189189 medicine in Alabama who lives in a rural community and
190190 practices medicine in a rural community.
191191 §40-18-134.2
192192 (a)(1) Except as provided in subdivision (2), for tax
193193 years beginning on or after January 1, 2026, and ending
194194 December 31, 2030, a physician qualifying as a rural physician
195195 under this division shall be allowed a credit against the tax
196196 imposed by Section 40-18-2, in the sum of ten thousand dollars
197197 ($10,000) per tax year. The tax credit under this subdivision
198198 may be claimed for not more than four tax years except as
199199 provided in subdivision (2).
200200 (2) No tax credit may be claimed under this division by
201201 a physician who previously claimed a rural physician tax
202202 credit under Division 1 prior to January 1, 2026, except a
203203 physician who claimed a tax credit under Division 1 for less
204204 than the five years authorized under Division 1 prior to
205205 January 1, 2025, and who is otherwise eligible to claim a
206206 credit under this division, may claim a tax credit under this
207207 division for the remainder of the five-year credit period
208208 previously authorized under Division 1.
209209 (3) No tax credit shall be allowed under this division
210210 by a physician who practiced in a rural community prior to
211211 January 1, 2026, unless on or after January 1, 2026, the
212212 physician returns to practice in a rural community after
213213 having practiced in a large or urban community or outside of
214214 Alabama for at least three years.
215215 (b) Prior to claiming a credit under this division, a
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245245 (b) Prior to claiming a credit under this division, a
246246 rural physician shall submit to the Alabama Statewide Area
247247 Health Education Center Program Office, or its successor,
248248 adequate information to substantiate that he or she qualifies
249249 for the income tax credit. The Alabama Statewide Area Health
250250 Education Center Program Office, upon review of the
251251 documentation from the rural physician, shall make the
252252 determination on whether the physician qualifies for the
253253 credit and shall issue a certificate to the qualifying
254254 physician. The certificate shall be submitted by the taxpayer
255255 at the time of filing the return. Failure to submit the
256256 required certificate to the Department of Revenue shall result
257257 in the automatic denial of the credit.
258258 (c) The Alabama Statewide Area Health Education Center
259259 Program Office shall submit an annual informational report to
260260 the Department of Revenue by January 31 of each year that
261261 lists all taxpayer issued certificates with information
262262 required by the department for credit certification.
263263 (d) Effective for tax years beginning January 1, 2026,
264264 and ending December 31, 2030, the Department of Revenue shall
265265 file an annual informational report in accordance with Section
266266 40-1-50 and rules adopted under that section, for physicians
267267 who receive the credit under this division.
268268 (e) The Department of Revenue shall adopt any rules
269269 necessary to implement and administer this division.
270270 (f) The Alabama Board of Medical Examiners shall assist
271271 the Alabama Statewide Area Health Education Center Program
272272 Office in verifying the eligibility of physicians applying for
273273 the credit.
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303303 the credit.
304304 (g) The Alabama Commission on the Evaluation of
305305 Services shall consult with the Alabama Statewide Area Health
306306 Education Center Program Office to develop performance metrics
307307 and other measures of success to include in the annual report
308308 required pursuant to subsection (d). During the 2030 fiscal
309309 year, this incentive shall undergo an evaluation by the
310310 Alabama Commission on the Evaluation of Services to determine
311311 whether the program is impacting the determined measures of
312312 success.
313313 (h) The Alabama Commission on the Evaluation of
314314 Services shall consult with the Alabama Statewide Area Health
315315 Education Center Program Office to develop the appropriate
316316 measures and methodology for conducting the needs assessment.
317317 Section 4. Division 1 of Article 4A of Chapter 18 of
318318 Title 40, Code of Alabama 1975, consisting of Sections
319319 40-18-130, 40-18-131, 40-18-132, and 40-18-133, is repealed.
320320 Section 5. This act shall become effective October 1,
321321 2025, except Section 4 shall become effective December 31,
322322 2025.
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