Amended in Assembly May 1, 2013

Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 653

Introduced by Assembly Member V. Manuel Pérez

begin insert

(Coauthor: Assembly Member Gorell)

end insert begin insert

(Coauthor: Senator Galgiani)

end insert

February 21, 2013

An act to amend Section 13997.6 of, and to add Article 4.5 (commencing with Section 12097) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of, the Government Code, and to amend Sections 17052.12 and 23609 of, and to add Sections 6377, 17053.87, and 23687 to, the Revenue and Taxation Code, relating to economic development, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 653, as amended, V. Manuel Pérez. Economic development.

(1) The Economic Revitalization Act establishes the Governor’s Office of Business and Economic Development, also known as “GO-Biz,” to, among other duties, serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law establishes the California Economic Development Fund holding funds that, upon appropriation by the Legislature, GO-Biz may use for economic development purposes, as specified.

This bill would create the California Innovation Hub Program (iHub Program) within GO-Biz to create regional offices that would provide specialized counseling, training, and networking services to assist entrepreneurs establish and grow businesses for local and in-state job retention, creation, and future expansion. This bill would authorize GO-Biz, in collaboration with the Department of General Services, to identify unoccupied and underutilized real property owned or leased by the state, and use that real property to support the iHub Program, as specified. This bill would modify the California Economic Development Fund to be a continuously appropriated fund for the economic development purposes of GO-Biz, and in doing so, would make an appropriation.

(2) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes.

On and after January 1, 2014, this bill would exempt from those taxes the sale of, and the storage, use, or other consumption in this state of, tangible personal property, as defined, purchased for use by a qualified person, as defined, primarily in any stage of manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified.

(3) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit for certain research and development expenses, as provided.

This bill would, for taxable years commencing on and after January 1, 2014, increase the credit for research and development expenses, as provided.

This bill would, for taxable years beginning on or after January 1, 2014, allow a credit against those taxes for a qualified taxpayer, as defined, of 40% of the amount of a qualified contribution, as defined, made in that taxable year by a business entity to a postsecondary educational institution for curriculum or research leading to job opportunities in the private sector, or consultation services associated with the establishment of curriculum or research leading to job opportunities in the private sector, where the business entity and the postsecondary educational institution agree that there is a substantial potential for the future employment of students as a result of the contribution.

(4) This bill would provide that the provisions of this bill are severable.

(5) The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws.

Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions.

This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill.

begin insert This bill would provide that the sales and use tax exemption authorized by the bill does not apply to local sales and use taxes and transactions and use taxes. end insert

(6) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known, and may be cited, as the
California Innovation and Jobs Act.

SEC. 2.  

The Legislature hereby finds and declares:

(a) California, in the last 10 years, has declined from the sixth
largest economy in the world to the ninth, now behind Brazil.
During that time, manufacturing declined in California from 1.865
million jobs to 1.257 million jobs.

(b) California has experienced continual budget deficits
beginning with the “dot com” bust which occurred in 2000, and
has never fully recovered. Every year, the Legislature has had to
grapple with too few revenues to meet a continuing demand for
public services.

(c) The solution to California’s decline in its economic status,
and thus, lack of revenues, is not simply to cut the budget and raise
taxes. Instead, it lies in developing a long-term economic plan for
the state that envisions state government becoming a better working
partner to attract private sector capital to spur economic
development and job growth.

(d) California needs to compete globally. It needs to expand its
leadership as an exporter of goods. California needs to recognize
its biggest asset in combating a fatigued economy is its innovative
human capital; it needs to recognize that the private sector, through
the “Innovation Economy,” must be incentivized to reach new
heights and growth potential. State and local government need to
be the Innovation Economy’s partner and not a roadblock to
success.

(e) California is uniquely positioned to unleash its full economic
potential. We see on a daily basis the convergence of innovative
technologies being integrated into our daily lives that most
Californians take for granted, because these technologies were
invented and developed in California: new advancements in
biopharmaceuticals that improve people’s lives on a daily basis,
advancements in smart phone technology, and Internet Web sites
that allow Californians to be connected to the world have
predominately been developed in California.

(f) California needs to invest in the Innovation Economy by
eliminating roadblocks in state law and regulation and developing
a tax system that rewards capital expenditures in order to ensure
that the private sector will invest its financial capital in combination
with the intellectual capital that California has to offer through its
education system, in particular its universities.

SEC. 3.  

Article 4.5 (commencing with Section 12097) is added
to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government
Code, to read:

 

Article 4.5.  California Innovation Hub Program

 

12097.  

(a) The California Innovation Hub Program, also
known as the “iHub Program,” is established within the office.

(b) The iHub Program shall be under the authority of the
director.

begin insert

(c) The office shall set guidelines for approval, designation,
operation, reporting, and dedesignation of iHubs.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The office may designate specific regions throughout the
state as an begin delete Innovation Hub, also known as an “iHub,” end delete begin insert iHub end insert through
a competitive application process.

begin insert

(1) An eligible applicant shall be one or more of the following:

end insert begin insert

(A) A fully accredited institution of higher education.

end insert begin insert

(B) A private nonprofit corporation engaged in economic
development activities.

end insert begin insert

(C) A county or municipality in this state that has a preexisting
economic development department or program or both.

end insert begin insert

(D) A public economic development institution, including a
workforce investment board or an economic development
corporation.

end insert begin insert

(2) An applicant’s proposal for iHub designation shall include,
but shall not be limited to, all of the following information:

end insert begin insert

(A) A statement of purpose.

end insert begin insert

(B) A signed statement of cooperation and a description of the
roles and relationships of each entity involved in the partnership.

end insert begin insert

(C) A list of goals to be achieved with the designation of the
iHub.

end insert begin insert

(D) A list of iHub assets and resources.

end insert begin insert

(E) A focus area of the iHub, including industry sectors or other
targeted areas for development and growth.

end insert begin insert

(e) The office may designate an iHub for a term of not more
than five years. An iHub may reapply for a designation.

end insert begin insert

(f) (1) The iHub designation shall not be official until a
memorandum of understanding is entered into by the applicant
and the office. The memorandum of understanding shall include
goals and performance standards and other related requirements
as determined by the office.

end insert begin insert

(2) For an iHub designated by the office before January 1, 2014,
the iHub partnership shall have until September 1, 2014, to enter
into a memorandum of understanding with the office that meets
the requirements of this article.

end insert begin insert

(g) More than one iHub may be designated in an area to the
extent that there is a clear distinction between the focus area of
each iHub.

end insert begin delete

(d)

end delete

begin insert (h) end insert  An iHub shall, to the extent feasible, do begin delete all end delete begin insert one or more end insert of
the following:

(1) Work in collaboration with the activities of the office as its
primary statewide partner.

(2) Coordinate activities with the Employment Training Panel,
the California Workforce Investment Board, the California
Community Colleges Chancellor’s Office, the University of
California, the California State University, and other state and
local economic begin insert , business, end insert and workforce development programs.

(3) Provide assistance to the office relating to the attraction,
relocation, and expansion of businesses within the state and
international trade opportunities.

(4) Report to the office on the status of the state’s innovation
economy and provide general advice and support on policy issues
related to innovation, technology, entrepreneurship, and small
business assistance.

begin delete

(e)

end delete

begin insert (i) end insert  The duties of an iHub shall include, but not be limited to, all
of the following:

(1) Provide specialized one-on-one counseling and technical
assistance in the areas of entrepreneurial business planning and
management, financing, and marketing for small businesses with
the greatest potential for local and in-state job retention, creation,
and future in-state expansion.

(2) Provide expert business startup advice to entrepreneurs,
including, but not limited to, advising on the tools for starting a
business and how to access financing opportunities and other key
resources.

(3) Conduct business workshops, seminars, and conferences
with local partners, including, but not limited to, state universities,
community colleges, local governments, state and federal service
providers, private industry, workforce investment boards and
agencies, begin insert small business development centers, microenterprise
development organizations, end insert small business service agencies,
economic development organizations, and chambers of commerce.

(4) Provide services to link technology startups and businesses
to research and development institutions for the purposes of
transferring new technology to a new or an expanding business
sector, or accessing scientific knowledge and equipment.

begin insert

(j) An iHub shall annually report to the office on its progress
in meeting the goals and performance standards as described in
the memorandum of understanding with the office. The office shall
annually post the information from these reports on the office’s
Internet Web site and provide notice to the Governor and relevant
policy committees of the Legislature that the information is
available on the Internet Web site.

end insert

12097.1.  

(a) The office shall collaborate with the Department
of General Services to identify unoccupied and underutilized real
property owned or leased by the state that may be allowed by the
Constitution and other applicable laws to be used as provided in
this section by the iHub Program. Upon approval by the director,
identified property may be used by the iHub Program for purposes
including, but not limited to, assisting iHub regions to establish
proof of concept and research and development centers, incubators,
accelerators, and demonstration sites, thereby promoting and
enhancing the state’s innovation economy, entrepreneur
communities, and bringing economic, environmental, or social
value to the state.

(b) In lieu of a cash match, the fair market lease value of
nonoccupied or underutilized real property owned or leased by the
state as identified pursuant to subdivision (a) may be used as
in-kind matching funds to enhance an iHub proposal to increase
the likelihood of qualifying for federal funding opportunities.

12097.2.  

(a) In any year state owned or leased real property
is utilized pursuant to Section 12097.1, the office shall issue a
report to the Legislature by April 1 of the following year on the
use of the real property by office in relation to the activities and
performance goals of the iHub Program, in compliance with
Section 9795. The report shall also be posted on the office’s
Internet Web site.

(b) To the extent the information is available, the report pursuant
to subdivision (a) shall also include the number of businesses
assisted and the manner in which they were assisted, the number
of employees employed by the businesses, the number of jobs
created, the number of jobs retained, the industry sectors of the
businesses assisted, identification of the partnerships with state,
federal, and local agencies that led to increased entrepreneurial
and innovation-based economic activity, and the amount of federal
grant funding received by the iHubs during the reporting period.

SEC. 4.  

Section 13997.6 of the Government Code is amended
to read:

13997.6.  

(a) The California Economic Development Fund is
hereby created in the State Treasury for the purpose of receiving
federal, state, local, and private economic development funds, and
receiving repayment of loans or grant proceeds and interest on
those loans or grants.

(b) Notwithstanding Section 13340, moneys in the fund may
be expended by the Governor’s Office of Business and Economic
Development, without regard to fiscal year, to provide matching
funds for loans or grants to public agencies, nonprofit
organizations, and private entities, and for other economic
development purposes, consistent with the purposes for which the
moneys were received.

SEC. 5.  

Section 6377 is added to the Revenue and Taxation
Code, to read:

6377.  

(a) (1) On and after January 1, 2014, there are exempted
from the taxes imposed by this part the gross receipts from the sale
of, and the storage, use, or other consumption in this state of,
tangible personal property purchased for use by a qualified person
to be used primarily in any stage of the manufacturing, processing,
refining, fabricating, or recycling of tangible personal property,
beginning at the point any raw materials are received by the
qualified person and introduced into the process and ending at the
point at which the manufacturing, processing, refining, fabricating,
or recycling has altered property to its completed form, including
packaging, if required.

(2) The exemption established by this section shall not apply
to the gross receipts from the sale of, or the storage, use, or other
consumption of, any of the following:

(A) Tangible personal property that is used primarily in
administration, general management, or marketing.

(B) Consumables with a useful life of less than one year.

(C) Furniture or inventory or equipment used in the extraction
process, or equipment used to store finished products that have
completed the manufacturing process.

(b) For purposes of this section:

(1) “Fabricating” means to make, build, create, produce, or
assemble components or property to work in a new or different
manner.

(2) “Manufacturing” means the activity of converting or
conditioning tangible personal property by changing the form,
composition, quality, or character of the tangible personal property
for ultimate sale at retail or use in the manufacturing of a product
to be ultimately sold at retail. Manufacturing includes any
improvements to tangible personal property that result in a greater
service life or greater functionality than that of the original tangible
personal property. Manufacturing includes the generation of
electricity.

(3) “Primarily” means 50 percent or more of the time. For
purposes of subdivision (a), “primarily” means tangible personal
property used 50 percent or more of the time in an activity
described in subdivision (a).

(4) “Process” means the period beginning at the point at which
any raw materials are received by the qualified person and
introduced into the manufacturing, processing, refining, fabricating,
or recycling activity of the qualified person and ending at the point
at which the manufacturing, processing, refining, fabricating, or
recycling activity of the qualified person has altered tangible
personal property to its completed form, including packaging, if
required. Raw materials shall be considered to have been
introduced into the process when the raw materials are stored on
the same premises where the qualified person’s manufacturing,
processing, refining, fabricating, or recycling activity is conducted.
Raw materials that are stored on premises other than where the
qualified person’s manufacturing, processing, refining, fabricating,
or recycling activity is conducted, shall not be considered to have
been introduced into the manufacturing, processing, refining,
fabricating, or recycling process.

(5) “Processing” means the physical application of the materials
and labor necessary to modify or change the characteristics of
tangible personal property.

(6) “Qualified person” means either of the following:

(A) A person that is primarily engaged in those lines of business
classified in Industry Groups 3111 to 3399, inclusive, Industry
Group 5112, NAICS Industry 221119 or 541711 of the North
American Industry Classification System (NAICS) published by
the United States Office of Management and Budget (OMB), 2007
edition.

(B) An affiliate of a person described in subparagraph (A)
provided that the affiliate is a member of the qualified person’s
unitary group for which a combined report is required to be filed
under Article 1 (commencing with Section 25101) of Chapter 17
of Part 11.

(7) “Refining” means the process of converting a natural
resource to an intermediate or finished product.

(8) “Tangible personal property” includes, but is not limited to,
all of the following:

(A) Machinery and equipment, including component parts and
contrivances such as belts, shafts, moving parts, and operating
structures.

(B) All equipment or devices used or required to operate,
control, regulate, or maintain the machinery, including, without
limitation, computers, data processing equipment, and computer
software, together with all repair and replacement parts with a
useful life of one or more years therefor, whether purchased
separately or in conjunction with a complete machine and
regardless of whether the machine or component parts are
assembled by the qualified person or another person.

begin delete

(C) Tangible personal property used in pollution control that
meets or exceeds standards established by this state or any local
or regional governmental agency within this state.

end delete begin delete

(D)

end delete

begin insert (C) end insert  Special purpose buildings and foundations used as an
integral part of the manufacturing, processing, refining, or
fabricating process, or that constitute a research or storage facility
used during the manufacturing process. Buildings used solely for
warehousing purposes after completion of the manufacturing
process are not included.

begin delete

(E)

end delete

begin insert (D) end insert  Tangible personal property used in recycling.

(c) An exemption shall not be allowed under this section unless
the purchaser furnishes the retailer with an exemption certificate,
completed in accordance with any instructions or regulations as
the board may prescribe, and the retailer retains the exemption
certificate in its records. The exemption certificate shall contain
the sales price of the tangible personal property, the sale of, or the
storage, use, or other consumption of, which is exempt pursuant
to subdivision (a) and shall be furnished to the board upon request.

(d) Notwithstanding subdivision (a), the exemption provided
by this section shall not apply to any sale or use of tangible
personal property which, within one year from the date of purchase,
is either removed from California or converted from an exempt
use under subdivision (a) to some other use not qualifying for the
exemption or used in a manner not qualifying for exemption.

(e) If a purchaser certifies in writing to the seller that the tangible
personal property purchased without payment of the tax will be
used in a manner entitling the seller to regard the gross receipts
from the sale as exempt from the sales tax pursuant to this section,
and within one year from the date of purchase, the purchaser (1)
removes that tangible personal property outside California, (2)
converts that tangible personal property for use in a manner not
qualifying for the exemption, or (3) uses that tangible personal
property in a manner not qualifying for the exemption, the
purchaser shall be liable for payment of sales tax, with applicable
interest, as if the purchaser were a retailer making a retail sale of
the tangible personal property at the time the tangible personal
property is so removed, converted, or used, and the sales price of
the tangible personal property to the purchaser shall be deemed
the gross receipts from that retail sale. begin insert The purchaser shall notify
the State Board of Equalization within 90 days of: (1) taking the
tangible personal property out of state, (2) converting the tangible
personal property to an ineligible use, or (3) using the tangible
personal property in a manner not qualifying for the exemption. end insert

(f) The exemption established by this section shall apply to a
lease of tangible personal property classified as a “continuing sale”
or “continuing purchase” in accordance with Section 6006.1 or
6010.1, and to the rentals payable pursuant to such a lease, provided
the lessee is a qualified person and the tangible personal property
is used in an activity described in subdivision (a).

(g) At the time necessary information technologies and
electronic data warehousing capabilities of the board are
sufficiently established, the board shall determine an efficient
means by which qualified persons may electronically apply for,
and receive, an exemption certificate that contains information
that would assist them in complying with this part with respect to
the exemption established by this section.

begin insert

(h) Notwithstanding the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200)) and
the Transactions and Use Tax Law (Part 1.6 (commencing with
Section 7251)), the exemption established by this section shall not
apply with respect to any tax levied by a county, city, or district
pursuant to, or in accordance with, either of those laws.

end insert

SEC. 6.  

Section 17052.12 of the Revenue and Taxation Code
is amended to read:

17052.12.  

For each taxable year beginning on or after January
1, 1987, there shall be allowed as a credit against the “net tax” (as
defined by Section 17039) for the taxable year an amount
determined in accordance with Section 41 of the Internal Revenue
Code, except as follows:

(a) For each taxable year beginning before January 1, 1997, the
reference to “20 percent” in Section 41(a)(1) of the Internal
Revenue Code is modified to read “8 percent.”

(b) (1) For each taxable year beginning on or after January 1,
1997, and before January 1, 1999, the reference to “20 percent”
in Section 41(a)(1) of the Internal Revenue Code is modified to
read “11 percent.”

(2) For each taxable year beginning on or after January 1, 1999,
and before January 1, 2000, the reference to “20 percent” in Section
41(a)(1) of the Internal Revenue Code is modified to read “12
percent.”

(3) For each taxable year beginning on or after January 1, 2000,
the reference to “20 percent” in Section 41(a)(1) of the Internal
Revenue Code is modified to read “15 percent.”

(4) For each taxable year beginning on or after January 1, 2014,
and before January 1, 2015, the reference to “20 percent” in Section
41(a)(1) of the Internal Revenue Code is modified to read “18
percent.”

(5) For each taxable year beginning on or after January 1, 2015,
and before January 1, 2016, the reference to “20 percent” in Section
41(a)(1) of the Internal Revenue Code is modified to read “21
percent.”

(6) For each taxable year beginning on or after January 1, 2016,
and before January 1, 2017, the reference to “20 percent” in Section
41(a)(1) of the Internal Revenue Code is modified to read “24
percent.”

(7) For each taxable year beginning on or after January 1, 2017,
and before January 1, 2018, the reference to “20 percent” in Section
41(a)(1) of the Internal Revenue Code is modified to read “27
percent.”

(8) For each taxable year beginning on or after January 1, 2018,
the reference to “20 percent” in Section 41(a)(1) of the Internal
Revenue Code is modified to read “30 percent.”

(c) Section 41(a)(2) of the Internal Revenue Code shall not
apply.

(d) “Qualified research” shall include only research conducted
in California.

(e) In the case where the credit allowed under this section
exceeds the “net tax,” the excess may be carried over to reduce
the “net tax” in the following year, and succeeding years if
necessary, until the credit has been exhausted.

(f) (1) With respect to any expense paid or incurred after the
operative date of Section 6378, Section 41(b)(1) of the Internal
Revenue Code is modified to exclude from the definition of
“qualified research expense” any amount paid or incurred for
tangible personal property that is eligible for the exemption from
sales or use tax provided by Section 6378.

(2) For each taxable year beginning on or after January 1, 1998,
the reference to “Section 501(a)” in Section 41(b)(3)(C) of the
Internal Revenue Code, relating to contract research expenses, is
modified to read “this part or Part 11 (commencing with Section
23001).”

(g) (1) For each taxable year beginning on or after January 1,
2000:

(A) The reference to “3 percent” in Section 41(c)(4)(A)(i) of
the Internal Revenue Code is modified to read “one and forty-nine
hundredths of one percent.”

(B) The reference to “4 percent” in Section 41(c)(4)(A)(ii) of
the Internal Revenue Code is modified to read “one and
ninety-eight hundredths of one percent.”

(C) The reference to “5 percent” in Section 41(c)(4)(A)(iii) of
the Internal Revenue Code is modified to read “two and forty-eight
hundredths of one percent.”

(2) Section 41(c)(4)(B) shall not apply and in lieu thereof an
election under Section 41(c)(4)(A) of the Internal Revenue Code
may be made for any taxable year of the taxpayer beginning on or
after January 1, 1998. That election shall apply to the taxable year
for which made and all succeeding taxable years unless revoked
with the consent of the Franchise Tax Board.

(3) Section 41(c)(7) of the Internal Revenue Code, relating to
gross receipts, is modified to take into account only those gross
receipts from the sale of property held primarily for sale to
customers in the ordinary course of the taxpayer’s trade or business
that is delivered or shipped to a purchaser within this state,
regardless of f.o.b. point or any other condition of the sale.

(4) Section 41(c)(5) of the Internal Revenue Code, relating to
election of alternative simplified credit, shall not apply.

(h) Section 41(h) of the Internal Revenue Code, relating to
termination, shall not apply.

(i) Section 41(g) of the Internal Revenue Code, relating to
special rule for passthrough of credit, is modified by each of the
following:

(1) The last sentence shall not apply.

(2) If the amount determined under Section 41(a) of the Internal
Revenue Code for any taxable year exceeds the limitation of
Section 41(g) of the Internal Revenue Code, that amount may be
carried over to other taxable years under the rules of subdivision
(e); except that the limitation of Section 41(g) of the Internal
Revenue Code shall be taken into account in each subsequent
taxable year.

(j) Section 41(a)(3) of the Internal Revenue Code shall not apply.

(k) Section 41(b)(3)(D) of the Internal Revenue Code, relating
to amounts paid to eligible small businesses, universities, and
federal laboratories, shall not apply.

(l) Section 41(f)(6), relating to energy research consortium,
shall not apply.

SEC. 7.  

Section 17053.87 is added to the Revenue and Taxation
Code, to read:

17053.87.  

(a) For each taxable year beginning on or after
January 1, 2014, there shall be allowed to a qualified taxpayer as
a credit against the “net tax,” as defined in Section 17039, an
amount equal to 25 percent of the amount of a qualified
contribution that is made by a qualified taxpayer in that taxable
year.

(b) For purposes of this section, the following terms have the
following meanings:

(1) “Qualified contribution” means a monetary contribution by
a business entity to a begin insert regionally accredited end insert postsecondary
educational institution for curriculum or research leading to job
opportunities in the private sector, or consultation services
associated with the establishment of curriculum or research leading
to job opportunities in the private sector, where the business entity
and the postsecondary educational institution agree that there is a
substantial potential for the future employment of students as a
result of the contribution.

(2) “Qualified taxpayer” means a business entity that makes a
qualified contribution to a postsecondary educational institution.

(c) In the case where the credit allowed by this section exceeds
the “net tax,” the excess may be carried over to reduce the “net
tax” in the following taxable year, and succeeding begin insert nine end insert taxable
years if necessary, until the credit is exhausted.

(d) (1) The Franchise Tax Board may prescribe rules,
guidelines, or procedures necessary or appropriate to carry out the
purposes of this begin delete section. end delete begin insert section, including, but not limited to: end insert

begin insert

(A) Requiring the regionally accredited postsecondary institution
to provide the taxpayer with a tax credit certificate that the
taxpayer can use to document the contribution. The certificate
shall be on a form prescribed by the Franchise Tax Board.

end insert begin insert

(B) Requiring the regionally accredited postsecondary institution
to annually provide a list to the Franchise Tax Board of each
taxpayer that made a contribution and was issued a certificate
during the tax year. The list shall include the name of the taxpayer,
the taxpayer’s tax ID number, identification of the type of
curriculum or research to be developed, and the amount of money
contributed.

end insert begin insert

(C) Requiring the regionally accredited postsecondary
institution to retain a record of the contribution and use of the
funds for 10 years following the first year in which the institution
reported the contribution pursuant to subparagraph (B).

end insert

(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
any standard, criterion, procedure, determination, rule, notice, or
guideline established or issued by the Franchise Tax Board
pursuant to this section.

SEC. 8.  

Section 23609 of the Revenue and Taxation Code is
amended to read:

23609.  

For each taxable year beginning on or after January 1,
1987, there shall be allowed as a credit against the “tax” (as defined
by Section 23036) an amount determined in accordance with
Section 41 of the Internal Revenue Code, except as follows:

(a) For each taxable year beginning before January 1, 1997,
both of the following modifications shall apply:

(1) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “8 percent.”

(2) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “12 percent.”

(b) (1) For each taxable year beginning on or after January 1,
1997, and before January 1, 1999, both of the following
modifications shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “11 percent.”

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “24 percent.”

(2) For each taxable year beginning on or after January 1, 1999,
and before January 1, 2000, both of the following shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “12 percent.”

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “24 percent.”

(3) For each taxable year beginning on or after January 1, 2000,
both of the following shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “15 percent.”

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “24 percent.”

(4) For each taxable year beginning on or after January 1, 2014,
and before January 1, 2015, both of the following shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code shall not be modified.

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “29 percent.”

(5) For each taxable year beginning on or after January 1, 2015,
and before January 1, 2016, both of the following shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “25 percent.”

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “34 percent.”

(6) For each taxable year beginning on or after January 1, 2016,
and before January 1, 2017, both of the following shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “30 percent.”

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “39 percent.”

(7) For each taxable year beginning on or after January 1, 2017,
and before January 1, 2018, both of the following shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “35 percent.”

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “40 percent.”

(8) For each taxable year beginning on or after January 1, 2018,
both of the following shall apply:

(A) The reference to “20 percent” in Section 41(a)(1) of the
Internal Revenue Code is modified to read “40 percent.”

(B) The reference to “20 percent” in Section 41(a)(2) of the
Internal Revenue Code is modified to read “25 percent.”

(c) (1) With respect to any expense paid or incurred after the
operative date of Section 6378, Section 41(b)(1) of the Internal
Revenue Code is modified to exclude from the definition of
“qualified research expense” any amount paid or incurred for
tangible personal property that is eligible for the exemption from
sales or use tax provided by Section 6378.

(2) “Qualified research” and “basic research” shall include only
research conducted in California.

(d) The provisions of Section 41(e)(7)(A) of the Internal
Revenue Code shall be modified so that “basic research,” for
purposes of this section, includes any basic or applied research
including scientific inquiry or original investigation for the
advancement of scientific or engineering knowledge or the
improved effectiveness of commercial products, except that the
term does not include any of the following:

(1) Basic research conducted outside California.

(2) Basic research in the social sciences, arts, or humanities.

(3) Basic research for the purpose of improving a commercial
product if the improvements relate to style, taste, cosmetic, or
seasonal design factors.

(4) Any expenditure paid or incurred for the purpose of
ascertaining the existence, location, extent, or quality of any deposit
of ore or other mineral (including oil and gas).

(e) (1) In the case of a taxpayer engaged in any
biopharmaceutical research activities that are described in codes
2833 to 2836, inclusive, or any research activities that are described
in codes 3826, 3829, or 3841 to 3845, inclusive, of the Standard
Industrial Classification (SIC) Manual published by the United
States Office of Management and Budget, 1987 edition, or any
other biotechnology research and development activities, the
provisions of Section 41(e)(6) of the Internal Revenue Code shall
be modified to include both of the following:

(A) A qualified organization as described in Section
170(b)(1)(A)(iii) of the Internal Revenue Code and owned by an
institution of higher education as described in Section 3304(f) of
the Internal Revenue Code.

(B) A charitable research hospital owned by an organization
that is described in Section 501(c)(3) of the Internal Revenue Code,
is exempt from taxation under Section 501(a) of the Internal
Revenue Code, is not a private foundation, is designated a
“specialized laboratory cancer center,” and has received Clinical
Cancer Research Center status from the National Cancer Institute.

(2) For purposes of this subdivision:

(A) “Biopharmaceutical research activities” means those
activities that use organisms or materials derived from organisms,
and their cellular, subcellular, or molecular components, in order
to provide pharmaceutical products for human or animal
therapeutics and diagnostics. Biopharmaceutical activities make
use of living organisms to make commercial products, as opposed
to pharmaceutical activities that make use of chemical compounds
to produce commercial products.

(B) “Other biotechnology research and development activities”
means research and development activities consisting of the
application of recombinant DNA technology to produce
commercial products, as well as research and development
activities regarding pharmaceutical delivery systems designed to
provide a measure of control over the rate, duration, and site of
pharmaceutical delivery.

(f) In the case where the credit allowed by this section exceeds
the “tax,” the excess may be carried over to reduce the “tax” in
the following year, and succeeding years if necessary, until the
credit has been exhausted.

(g) For each taxable year beginning on or after January 1, 1998,
the reference to “Section 501(a)” in Section 41(b)(3)(C) of the
Internal Revenue Code, relating to contract research expenses, is
modified to read “this part or Part 10 (commencing with Section
17001).”

(h) (1) For each taxable year beginning on or after January 1,
2000:

(A) The reference to “3 percent” in Section 41(c)(4)(A)(i) of
the Internal Revenue Code is modified to read “one and forty-nine
hundredths of one percent.”

(B) The reference to “4 percent” in Section 41(c)(4)(A)(ii) of
the Internal Revenue Code is modified to read “one and
ninety-eight hundredths of one percent.”

(C) The reference to “5 percent” in Section 41(c)(4)(A)(iii) of
the Internal Revenue Code is modified to read “two and forty-eight
hundredths of one percent.”

(2) Section 41(c)(4)(B) shall not apply and in lieu thereof an
election under Section 41(c)(4)(A) of the Internal Revenue Code
may be made for any taxable year of the taxpayer beginning on or
after January 1, 1998. That election shall apply to the taxable year
for which made and all succeeding taxable years unless revoked
with the consent of the Franchise Tax Board.

(3) Section 41(c)(7) of the Internal Revenue Code, relating to
gross receipts, is modified to take into account only those gross
receipts from the sale of property held primarily for sale to
customers in the ordinary course of the taxpayer’s trade or business
that is delivered or shipped to a purchaser within this state,
regardless of f.o.b. point or any other condition of the sale.

(4) Section 41(c)(5) of the Internal Revenue Code, relating to
election of the alternative simplified credit, shall not apply.

(i) Section 41(h) of the Internal Revenue Code, relating to
termination, shall not apply.

(j) Section 41(g) of the Internal Revenue Code, relating to
special rule for passthrough of credit, is modified by each of the
following:

(1) The last sentence shall not apply.

(2) If the amount determined under Section 41(a) of the Internal
Revenue Code for any taxable year exceeds the limitation of
Section 41(g) of the Internal Revenue Code, that amount may be
carried over to other taxable years under the rules of subdivision
(f), except that the limitation of Section 41(g) of the Internal
Revenue Code shall be taken into account in each subsequent
taxable year.

(k) Section 41(a)(3) of the Internal Revenue Code shall not
apply.

(l) Section 41(b)(3)(D) of the Internal Revenue Code, relating
to amounts paid to eligible small businesses, universities, and
federal laboratories, shall not apply.

(m) Section 41(f)(6) of the Internal Revenue Code, relating to
energy research consortium, shall not apply.

SEC. 9.  

Section 23687 is added to the Revenue and Taxation
Code, to read:

23687.  

(a) For each taxable year beginning on or after January
1, 2014, there shall be allowed to a qualified taxpayer as a credit
against the “tax,” as defined in Section 23036, an amount equal
to 25 percent of the amount of a qualified contribution that is made
by a qualified taxpayer in that taxable year.

(b) For purposes of this section, the following terms have the
following meanings:

(1) “Qualified contribution” means a monetary contribution by
a business entity to a begin insert regionally accredited end insert postsecondary
educational institution for curriculum or research leading to job
opportunities in the private sector, or consultation services
associated with the establishment of curriculum or research leading
to job opportunities in the private sector, where the business entity
and the postsecondary educational institution agree that there is a
substantial potential for the future employment of students as a
result of the contribution.

(2) “Qualified taxpayer” means a business entity that makes a
qualified contribution to a postsecondary educational institution.

(c) In the case where the credit allowed by this section exceeds
the “tax,” the excess may be carried over to reduce the “tax” in
the following taxable year, and succeeding begin insert nine end insert taxable years if
necessary, until the credit is exhausted.

(d) (1) The Franchise Tax Board may prescribe rules,
guidelines, or procedures necessary or appropriate to carry out the
purposes of this begin delete section. end delete begin insert section, including, but not limited to: end insert

begin insert

(A) Requiring the regionally accredited postsecondary institution
to provide the taxpayer with a tax credit certificate that the
taxpayer can use to document the contribution. The certificate
shall be on a form prescribed by the Franchise Tax Board.

end insert begin insert

(B) Requiring the regionally accredited postsecondary institution
to annually provide a list to the Franchise Tax Board of each
taxpayer that made a contribution and was issued a certificate
during the tax year. The list shall include the name of the taxpayer,
the taxpayer’s tax ID number, identification of the type of
curriculum or research to be developed, and the amount of money
contributed.

end insert begin insert

(C) Requiring the regionally accredited postsecondary
institution to retain a record of the contribution and use of the
funds for 10 years following the first year in which the institution
reported the contribution pursuant to subparagraph (B).

end insert

(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
any standard, criterion, procedure, determination, rule, notice, or
guideline established or issued by the Franchise Tax Board
pursuant to this section.

SEC. 10.  

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

SEC. 11.  

Notwithstanding Section 2230 of the Revenue and
Taxation Code, no appropriation is made by this act and the state
shall not reimburse any local agency for any sales and use tax
revenues lost by it under this act.

SEC. 12.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to support the innovation and entrepreneurial activity
that is critical to the state’s economic growth and prosperity, it is
necessary that this act take effect immediately.