ENROLLED 2015 Regular Session HOUSE BILL NO. 749 BY REPRESENTATIVE BURRELL 1 AN ACT 2 To amend and reenact R.S. 47:6105, to enact R.S. 47:6004(C), 6005(G), 6006(E), 3 6006.1(G), 6007(G), 6008(D), 6009(F), 6012(F), 6013(D), 6014(F), 6015(K), 4 6016.1(N), 6017(C), 6018(F), 6022(L), 6023(I), 6025(D), 6026(G), 6030(H), 5 6032(H), 6034(K), 6035(H), 6036(K), 6037(I), 6104(D), 6106(E), and 6107(C), and 6 to repeal R.S. 47:6005(D)(2), 6010, 6028, 6029, and 6033, relative to tax credits; to 7 require certain reviews and reports relative to tax credits; to terminate certain tax 8 credits; to provide for an effective date; and to provide for related matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 47:6105 is hereby amended and reenacted and R.S. 47:6004(C), 11 6005(G), 6006(E), 6006.1(G), 6007(G), 6008(D), 6009(F), 6012(F), 6013(D), 6014(F), 12 6015(K), 6016.1(N), 6017(C), 6018(F), 6022(L), 6023(I), 6025(D), 6026(G), 6030(H), 13 6032(H), 6034(K), 6035(H), 6036(K), 6037(I), 6104(D), 6106(E), and 6107(C) are hereby 14 enacted to read as follows: 15 §6004. Employer credit 16 * * * 17 C. Commencing no later than January 31, 2016, the House Committee on 18 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 19 review the credit authorized pursuant to the provisions of this Section to determine 20 if the economic benefit provided by such credit outweighs the loss of revenue 21 realized by the state as a result of awarding such credit. The House and Senate 22 committees shall make a specific recommendation no later than March 1, 2017, to 23 either continue the credit or to terminate the credit. Page 1 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 §6005. Qualified new recycling manufacturing or process equipment and/or service 2 contracts 3 * * * 4 G. Commencing no later than January 31, 2016, the House Committee on 5 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 6 review the credit authorized pursuant to the provisions of this Section to determine 7 if the economic benefit provided by such credit outweighs the loss of revenue 8 realized by the state as a result of awarding such credit. The House and Senate 9 committees shall make a specific recommendation no later than March 1, 2017, to 10 either continue the credit or to terminate the credit. 11 §6006. Tax credits for local inventory taxes paid 12 * * * 13 E. Commencing no later than January 31, 2016, the House Committee on 14 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 15 review the credit authorized pursuant to the provisions of this Section to determine 16 if the economic benefit provided by such credit outweighs the loss of revenue 17 realized by the state as a result of awarding such credit. The House and Senate 18 committees shall make a specific recommendation no later than March 1, 2017, to 19 either continue the credit or to terminate the credit. 20 §6006.1. Tax credits for taxes paid with respect to vessels in Outer Continental 21 Shelf Lands Act Waters 22 * * * 23 G. Commencing no later than January 31, 2016, the House Committee on 24 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 25 review the credit authorized pursuant to the provisions of this Section to determine 26 if the economic benefit provided by such credit outweighs the loss of revenue 27 realized by the state as a result of awarding such credit. The House and Senate 28 committees shall make a specific recommendation no later than March 1, 2017, to 29 either continue the credit or to terminate the credit. Page 2 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 §6007. Motion picture investor tax credit 2 * * * 3 G. Commencing no later than January 31, 2016, the House Committee on 4 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 5 review the credit authorized pursuant to the provisions of this Section to determine 6 if the economic benefit provided by such credit outweigh the loss of revenue realized 7 by the state as a result of awarding such credit. The House and Senate committees 8 shall make a specific recommendation no later than March 1, 2017, to either continue 9 the credit or to terminate the credit. 10 §6008. Tax credits for donations made to assist playgrounds in economically 11 depressed areas 12 * * * 13 D. Commencing no later than January 31, 2016, the House Committee on 14 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 15 review the credit authorized pursuant to the provisions of this Section to determine 16 if the economic benefit provided by such credit outweighs the loss of revenue 17 realized by the state as a result of awarding such credit. The House and Senate 18 committees shall make a specific recommendation no later than March 1, 2017, to 19 either continue the credit or to terminate the credit. 20 §6009. Louisiana Basic Skills Training Tax Credit 21 * * * 22 F. Commencing no later than January 31, 2016, the House Committee on 23 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 24 review the credit authorized pursuant to the provisions of this Section to determine 25 if the economic benefit provided by such credit outweighs the loss of revenue 26 realized by the state as a result of awarding such credit. The House and Senate 27 committees shall make a specific recommendation no later than March 1, 2017, to 28 either continue the credit or to terminate the credit. 29 * * * Page 3 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 §6012. Employer tax credits for donations of materials, equipment, advisors, or 2 instructors 3 * * * 4 F. Commencing no later than January 31, 2016, the House Committee on 5 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 6 review the credit authorized pursuant to the provisions of this Section to determine 7 if the economic benefit provided by such credit outweighs the loss of revenue 8 realized by the state as a result of awarding such credit. The House and Senate 9 committees shall make a specific recommendation no later than March 1, 2017, to 10 either continue the credit or to terminate the credit. 11 §6013. Tax credits for donations made to public schools 12 * * * 13 D. Commencing no later than January 31, 2016, the House Committee on 14 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 15 review the credit authorized pursuant to the provisions of this Section to determine 16 if the economic benefit provided by such credit outweighs the loss of revenue 17 realized by the state as a result of awarding such credit. The House and Senate 18 committees shall make a specific recommendation no later than March 1, 2017, to 19 either continue the credit or to terminate the credit. 20 §6014. Credit for property taxes paid by certain telephone companies; fund 21 * * * 22 F. Commencing no later than January 31, 2016, the House Committee on 23 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 24 review the credit authorized pursuant to the provisions of this Section to determine 25 if the economic benefit provided by such credit outweighs the loss of revenue 26 realized by the state as a result of awarding such credit. The House and Senate 27 committees shall make a specific recommendation no later than March 1, 2017, to 28 either continue the credit or to terminate the credit. 29 §6015. Research and development tax credit 30 * * * Page 4 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 K. Commencing no later than January 31, 2016, the House Committee on 2 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 3 review the credit authorized pursuant to the provisions of this Section to determine 4 if the economic benefit provided by such credit outweighs the loss of revenue 5 realized by the state as a result of awarding such credit. The House and Senate 6 committees shall make a specific recommendation no later than March 1, 2017, to 7 either continue the credit or to terminate the credit. 8 * * * 9 §6016.1 Louisiana New Markets Jobs Act; premium tax credit 10 * * * 11 N. Commencing no later than January 31, 2016, the House Committee on 12 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 13 review the credit authorized pursuant to the provisions of this Section to determine 14 if the economic benefit provided by such credit outweighs the loss of revenue 15 realized by the state as a result of awarding such credit. The House and Senate 16 committees shall make a specific recommendation no later than March 1, 2017, to 17 either continue the credit or to terminate the credit. 18 §6017. Tax credits for certain expenses paid by economic development corporations 19 * * * 20 C. Commencing no later than January 31, 2016, the House Committee on 21 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 22 review the credit authorized pursuant to the provisions of this Section to determine 23 if the economic benefit provided by such credit outweighs the loss of revenue 24 realized by the state as a result of awarding such credit. The House and Senate 25 committees shall make a specific recommendation no later than March 1, 2017, to 26 either continue the credit or to terminate the credit. 27 §6018. Tax credits for purchasers from "PIE contractors" 28 * * * 29 F. Commencing no later than January 31, 2016, the House Committee on 30 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall Page 5 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 review the credit authorized pursuant to the provisions of this Section to determine 2 if the economic benefit provided by such credit outweighs the loss of revenue 3 realized by the state as a result of awarding such credit. The House and Senate 4 committees shall make a specific recommendation no later than March 1, 2017, to 5 either continue the credit or to terminate the credit. 6 * * * 7 §6022. Digital interactive media and software tax credit 8 * * * 9 L. Commencing no later than January 31, 2016, the House Committee on 10 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 11 review the credit authorized pursuant to the provisions of this Section to determine 12 if the economic benefit provided by such credit outweigh the loss of revenue realized 13 by the state as a result of awarding such credit. The House and Senate committees 14 shall make a specific recommendation no later than March 1, 2017, to either continue 15 the credit or to terminate the credit. 16 §6023. Sound recording investor tax credit 17 * * * 18 I. Commencing no later than January 31, 2016, the House Committee on 19 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 20 review the credit authorized pursuant to the provisions of this Section to determine 21 if the economic benefit provided by such credit outweigh the loss of revenue realized 22 by the state as a result of awarding such credit. The House and Senate committees 23 shall make a specific recommendation no later than March 1, 2017, to either continue 24 the credit or to terminate the credit. 25 * * * 26 §6025. Tax credit for Louisiana Citizens Property Insurance Corporation assessment 27 * * * 28 D. Commencing no later than January 31, 2016, the House Committee on 29 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 30 review the credit authorized pursuant to the provisions of this Section to determine Page 6 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 if the economic benefit provided by such credit outweighs the loss of revenue 2 realized by the state as a result of awarding such credit. The House and Senate 3 committees shall make a specific recommendation no later than March 1, 2017, to 4 either continue the credit or to terminate the credit. 5 §6026. Cane River heritage tax credit 6 * * * 7 G. Commencing no later than January 31, 2016, the House Committee on 8 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 9 review the credit authorized pursuant to the provisions of this Section to determine 10 if the economic benefit provided by such credit outweighs the loss of revenue 11 realized by the state as a result of awarding such credit. The House and Senate 12 committees shall make a specific recommendation no later than March 1, 2017, to 13 either continue the credit or to terminate the credit. 14 * * * 15 §6030. Solar energy systems tax credit 16 * * * 17 H. Commencing no later than January 31, 2016, the House Committee on 18 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 19 review the credit authorized pursuant to the provisions of this Section to determine 20 if the economic benefit provided by such credit outweighs the loss of revenue 21 realized by the state as a result of awarding such credit. The House and Senate 22 committees shall make a specific recommendation no later than March 1, 2017, to 23 either continue the credit or to terminate the credit. 24 * * * 25 §6032. Tax credit for certain milk producers 26 * * * 27 H. Commencing no later than January 31, 2016, the House Committee on 28 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 29 review the credit authorized pursuant to the provisions of this Section to determine 30 if the economic benefit provided by such credit outweighs the loss of revenue Page 7 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 realized by the state as a result of awarding such credit. The House and Senate 2 committees shall make a specific recommendation no later than March 1, 2017, to 3 either continue the credit or to terminate the credit. 4 * * * 5 §6034. Musical and theatrical production income tax credit 6 * * * 7 K. Commencing no later than January 31, 2016, the House Committee on 8 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 9 review the credit authorized pursuant to the provisions of this Section to determine 10 if the economic benefit provided by such credit outweighs the loss of revenue 11 realized by the state as a result of awarding such credit. The House and Senate 12 committees shall make a specific recommendation no later than March 1, 2017, to 13 either continue the credit or to terminate the credit. 14 §6035. Tax credit for conversion of vehicles to alternative fuel usage 15 * * * 16 H. Commencing no later than January 31, 2016, the House Committee on 17 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 18 review the credit authorized pursuant to the provisions of this Section to determine 19 if the economic benefit provided by such credit outweighs the loss of revenue 20 realized by the state as a result of awarding such credit. The House and Senate 21 committees shall make a specific recommendation no later than March 1, 2017, to 22 either continue the credit or to terminate the credit. 23 §6036. Ports of Louisiana tax credits 24 * * * 25 K. Commencing no later than January 31, 2016, the House Committee on 26 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 27 review the credit authorized pursuant to the provisions of this Section to determine 28 if the economic benefit provided by such credit outweigh the loss of revenue realized 29 by the state as a result of awarding such credit. The House and Senate committees Page 8 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 shall make a specific recommendation no later than March 1, 2017, to either continue 2 the credit or to terminate the credit. 3 §6037. Tax credit for "green job industries" 4 * * * 5 I. Commencing no later than January 31, 2016, the House Committee on 6 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 7 review the credit authorized pursuant to the provisions of this Section to determine 8 if the economic benefit provided by such credit outweigh the loss of revenue realized 9 by the state as a result of awarding such credit. The House and Senate committees 10 shall make a specific recommendation no later than March 1, 2017, to either continue 11 the credit or to terminate the credit. 12 * * * 13 §6104. Child care expense tax credit 14 * * * 15 D. Commencing no later than January 31, 2016, the House Committee on 16 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 17 review the credit authorized pursuant to the provisions of this Section to determine 18 if the economic benefit provided by such credit outweighs the loss of revenue 19 realized by the state as a result of awarding such credit. The House and Senate 20 committees shall make a specific recommendation no later than March 1, 2017, to 21 either continue the credit or to terminate the credit. 22 §6105. Child care provider tax credit 23 A. There shall be a credit against any Louisiana individual or corporation 24 income tax or corporation franchise tax for a child care provider refundable as 25 provided for in R.S. 47:6108. The tax credit shall be an amount based upon the 26 average monthly number of children who either participate in the Child Care 27 Assistance Program administered by the office of children and family services in the 28 Department of Children and Family Services or who are foster children in the 29 custody of the Department of Children and Family Services, and who are attending 30 a child care facility or facilities operated by the child care provider, multiplied by an Page 9 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 amount which shall be based upon the quality rating of each child care facility 2 operated by the child care provider as follows: 3 Quality Rating of Child Care FacilityTax Credit Per Eligible Child Attending 4 Five star $1,500 5 Four star $1,250 6 Three star $1,000 7 Two star $750 8 One star or nonparticipating facility0 9 B. Commencing no later than January 31, 2016, the House Committee on 10 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 11 review the credit authorized pursuant to the provisions of this Section to determine 12 if the economic benefit provided by such credit outweighs the loss of revenue 13 realized by the state as a result of awarding such credit. The House and Senate 14 committees shall make a specific recommendation no later than March 1, 2017, to 15 either continue the credit or to terminate the credit. 16 §6106. Credit for child care directors and staff 17 * * * 18 E. Commencing no later than January 31, 2016, the House Committee on 19 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 20 review the credit authorized pursuant to the provisions of this Section to determine 21 if the economic benefit provided by such credit outweighs the loss of revenue 22 realized by the state as a result of awarding such credit. The House and Senate 23 committees shall make a specific recommendation no later than March 1, 2017, to 24 either continue the credit or to terminate the credit. 25 §6107. Business-supported child care 26 * * * 27 C. Commencing no later than January 31, 2016, the House Committee on 28 Ways and Means and the Senate Committee on Revenue and Fiscal Affairs shall 29 review the credit authorized pursuant to the provisions of this Section to determine 30 if the economic benefit provided by such credit outweighs the loss of revenue Page 10 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 749 ENROLLED 1 realized by the state as a result of awarding such credit. The House and Senate 2 committees shall make a specific recommendation no later than March 1, 2017, to 3 either continue the credit or to terminate the credit. 4 Section 2. R.S. 47:6005(D)(2), 6010, 6028, 6029, and 6033 are hereby repealed in 5 their entirety. 6 Section 3. This Act shall become effective upon signature by the governor or, if not 7 signed by the governor, upon expiration of the time for bills to become law without signature 8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 9 vetoed by the governor and subsequently approved by the legislature, this Act shall become 10 effective on the day following such approval. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 11 of 11 CODING: Words in struck through type are deletions from existing law; words underscored are additions.