BILL NUMBER: AB 248	AMENDED
	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.