California Assembly Bill AB248 Amended / Bill

 BILL NUMBER: AB 248AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 13, 2011 INTRODUCED BY Assembly Member Perea FEBRUARY 3, 2011  An act to add Chapter 13.5 (commencing with Section 93000) to Part 57 of Division 9 of Title 3 of the Education Code, relating to research facilities.   An act to add and repeal Section 17053.90 of the Revenue and Taxation   Code, relating to taxation, to take effect immediately, tax levy.  LEGISLATIVE COUNSEL'S DIGEST AB 248, as amended, Perea.  University of California: research facilities.   Personal income tax: physicians: qualified medical services.   The Personal Income Tax Law authorizes various credits against the taxes imposed by that law.   This bill would authorize a credit against those taxes for each taxable year beginning on or after January 1, 2012, and before January 1, 2017, in an amount equal to 25% of the value of qualified medical services, as defined, personally provided by a qualified taxpayer during the taxable year.   This bill would take effect immediately as a tax levy.   Existing law establishes the University of California, which is administered by the Regents of the University of California.   This bill would request the Regents of the University of California to manage high-tech research facilities for use by the University of California and private companies for research projects.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 17053.90 is added to the   Revenue and Taxation Code   , to read:   17053.90. (a) For each taxable year beginning on or after January 1, 2012, and before January 1, 2017, there shall be allowed as a credit against the "net tax," as defined in Section 17039, an amount equal to 25 percent of the value of qualified medical services personally provided by a qualified taxpayer during the taxable year. (b) For purposes of this section: (1) "Emergency medical services" has the same meaning as "emergency services and care" as that term is defined in subdivision (a) of Section 1317.1 of the Health and Safety Code. (2) "Local community clinic" means a community clinic or free clinic as defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of Section 1204 of the Health and Safety Code. (3) "Qualified medical services" means medical services provided by a qualified taxpayer free of charge or at a reduced rate at a local community clinic, or emergency medical services provided by a qualified taxpayer free of charge or at a reduced rate in an emergency department of a general acute care hospital licensed pursuant to Section 1250 of the Health and Safety Code. (4) "Qualified taxpayer" means a physician or surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California. (c) The amount of credit allowed to any qualified taxpayer by this section shall not exceed five thousand dollars ($5,000) per taxable year. (d) (1) The value of medical services provided shall be determined according to the usual, reasonable, and customary rate as described in Section 1300.71(a)(3)(B) of Title 28 of the California Code of Regulations. (2) In the case of medical services being provided at a reduced rate, the amount used to calculate the value of the qualified medical services provided shall be the difference between the value of the medical services provided, as determined by paragraph (1), and the reduced rate charged. (e) No other credit or deduction shall be allowed by this part for any amount for which a credit is claimed under this section. (f) The local community clinic or general acute care hospital, as described in this section, shall provide documentation to the qualified taxpayer regarding the value of services provided, as prescribed by this section. (g) If the credit allowed by this section exceeds the "net tax" for the taxable year, the excess may be carried over to reduce the "net tax" for the succeeding eight taxable years, or until the credit has been exhausted, whichever occurs first. (h) This section shall remain in effect only until December 1, 2017, and as of that date is repealed. However, any unused credit may continue to be carried forward, as provided in subdivision (g).   SEC. 2.   This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.   SECTION 1.   Chapter 13.5 (commencing with Section 93000) is added to Part 57 of Division 9 of Title 3 of the Education Code, to read: CHAPTER 13.5. HIGH-TECH RESEARCH FACILITIES 93000. The Regents of the University of California are requested to manage high-tech research facilities for use by the University of California and private companies for research projects.