23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10, the department may obligate not more than $15,000,000 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $26,000,000 under the subprogram except as provided in sub. (5).
SECTION 11. 23.0917 (4) (d) 2. of the statutes is amended to read:
23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.
SECTION 12. 23.0917 (4) (d) 2m. of the statutes is created to read:
23.0917 (4) (d) 2m. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may not obligate more than $14,000,000 in each fiscal year for local assistance.
SECTION 13. 23.0917 (12) of the statutes is amended to read:
23.0917 (12) EXPENDITURES AFTER JUNE 30, 2010 2020. If the remaining bonding authority for a subprogram under sub. (3) or (4) on June 30, 2010 2020, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.
SECTION 14. 23.092 (1) of the statutes is renumbered 23.092 (1m).
SECTION 15. 23.092 (1b) of the statutes is created to read:
23.092 (1b) In this section, "nonprofit conservation organization" has the meaning given in s. 23.0955 (1).
SECTION 16. 23.092 (2) of the statutes is amended to read:
23.092 (2) For each area designated under sub. (1) (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.
SECTION 17. 23.092 (4) of the statutes is amended to read:
23.092 (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement except as provided in s. 23.096 (2m).
SECTION 18. 23.094 (3m) of the statutes is amended to read:
23.094 (3m) LIMITS. A Except as provided in s. 23.096 (2m), a grant under sub. (3g) may not exceed 50% of the acquisition costs for the land or the easement.
SECTION 19. 23.0953 of the statutes is created to read:
23.0953 Grants to counties for land acquisition. (1) In this section, "nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).
(2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department shall establish a program from the appropriation under s. 20.866 (2) (ta) to make grants to counties to acquire land for nature-based outdoor recreation. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from the subprogram under s. 23.0917 (3).
(3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.
(4) A county unit may not convert the land or the rights in the land acquired using grant moneys awarded under this subsection to a use that is inconsistent with the type of nature-based outdoor recreation for which the grant was awarded without the approval of the natural resources board.
SECTION 20. 23.096 (2) (b) of the statutes is amended to read:
23.096 (2) (b) A Except as provided in sub. (2m), a grant awarded under this section may not exceed 50% of the acquisition costs of the property.
SECTION 21. 23.096 (2m) of the statutes is created to read:
23.096 (2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply:
(a) That the property is uniquely valuable in conserving the natural resources of the state.
(b) That delaying or deferring the acquisition until 50 percent of the acquisition costs are procured by the nonprofit conservation organization is not reasonably possible.
(c) That sufficient bonding authority remains in the amount set aside under s. 23.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation organizations that meet the matching requirement under sub. (2) (b).
SECTION 22. 23.1985 of the statutes is amended to read:
23.1985 Acquisition of certain public lands. Beginning in fiscal year 2006-07 and ending in fiscal year 2009-10 2019-20, from the appropriation under s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that may be obligated only to acquire land from the board of commissioners of public lands under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a fiscal year under this section, the department may obligate those nonobligated moneys in a subsequent fiscal year under this section in addition to the amounts the department is required to set aside for that subsequent fiscal year. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram under s. 23.0917 (3).
SECTION 23. 30.24 (4) of the statutes is amended to read:
30.24 (4) LIMIT ON GRANTS. A Except as provided in s. 23.096 (2m), a grant awarded under this section or under s. 23.096 to protect bluffs may not exceed 50% of the acquisition costs.
SECTION 24. 30.277 (5) of the statutes is amended to read:
30.277 (5) CONTRIBUTION BY GOVERNMENTAL UNIT MATCHING CONTRIBUTIONS. To Except as provided in s. 23.096 (2m) to be eligible for a grant under this section, at least 50% of the acquisition costs for land or of the project costs shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under s. 20.370 or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty) or (tz).
(End)
LRB-1410LRB-1410/3
JK:kjf:jf
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0309 - Bioindustry tax credits
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Taxation
Income taxation
Under this bill, a person may claim an income and franchise tax credit equal to 25 percent of the amount that the person paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 71.05 (6) (a) 15. of the statutes is amended to read:
71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3p), (3s), (3t), (3w), (5b), (5d), and (5e), (5f), and (5h), (5i), and (5j) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).
****NOTE: This is reconciled s. 71.05 (6) (a) 15. This SECTION has been affected by drafts with the following LRB numbers: 1410/2, 1502/1, 1822/1, and 0724/1.
SECTION 2. 71.07 (5j) of the statutes is created to read:
71.07 (5j) ETHANOL AND BIODIESEL FUEL PUMP CREDIT. (a) Definitions. In this subsection:
1. "Biodiesel fuel" has the meaning given in s. 168.14 (2m) (a).
2. "Claimant" means a person who files a claim under this subsection.
3. "Motor vehicle fuel" has the meaning given in s. 78.005 (13).
(b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel.
(c) Limitations. 1. The maximum amount of the credit that a claimant may claim under this subsection in a taxable year is an amount that is equal to $5,000 per installed or retrofitted pump that is used as the basis for the credit claimed under par. (b).
2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.
(d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.
SECTION 3. 71.10 (4) (gc) of the statutes is created to read:
71.10 (4) (gc) Ethanol and biodiesel fuel pump credit under s. 71.07 (5j).
SECTION 4. 71.21 (4) of the statutes is amended to read:
71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3p), (3s), (3t), (3w), (5b), (5e), (5f), (5g), and (5h), (5i), and (5j) and passed through to partners shall be added to the partnership's income.
****NOTE: This is reconciled s. 71.21 (4). This SECTION has been affected by drafts with the following LRB numbers: 1410/2, 1502/1, 1822/1, and 0724/1.
SECTION 5. 71.26 (2) (a) of the statutes is amended to read:
71.26 (2) (a) Corporations in general. The "net income" of a corporation means the gross income as computed under the Internal Revenue Code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c) 7., the amount of the credit under s. 71.28 (3) that the taxpayer added to income under this paragraph at the time that the taxpayer first claimed the credit plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), (3n), (3p), (3t), (3w), (5b), (5e), (5f), (5g), and (5h), (5i), and (5j) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the Internal Revenue Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned, or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).
****NOTE: This is reconciled s. 71.26 (2) (a). This SECTION has been affected by drafts with the following LRB numbers: 1410/2, 1502/1, 1822/1, and 0724/1.
SECTION 6. 71.28 (5j) of the statutes is created to read:
71.28 (5j) ETHANOL AND BIODIESEL FUEL PUMP CREDIT. (a) Definitions. In this subsection:
1. "Biodiesel fuel" has the meaning given in s. 168.14 (2m) (a).
2. "Claimant" means a person who files a claim under this subsection.
3. "Motor vehicle fuel" has the meaning given in s. 78.005 (13).
(b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel.
(c) Limitations. 1. The maximum amount of the credit that a claimant may claim under this subsection in a taxable year is an amount that is equal to $5,000 per installed or retrofitted pump that is used as the basis for the credit claimed under par. (b).
2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.
(d) Administration. Subsection (4) (e) to (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.
SECTION 7. 71.30 (3) (ed) of the statutes is created to read:
71.30 (3) (ed) Ethanol and biodiesel fuel pump credit under s. 71.28 (5j).
SECTION 8. 71.34 (1) (g) of the statutes is amended to read:
71.34 (1) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g), (3n), (3p), (3t), (3w), (5b), (5e), (5f), (5g), and (5h), (5i), and (5j) and passed through to shareholders.
****NOTE: This is reconciled s. 71.34 (1) (g). This SECTION has been affected by drafts with the following LRB numbers: 1410/2, 1502/1, 1822/1, and 0724/1.
SECTION 9. 71.45 (2) (a) 10. of the statutes is amended to read:
71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx), (3n), (3p), (3w), (5b), (5e), (5f), (5g), and (5h), (5i), and (5j) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).
****NOTE: This is reconciled s. 71.45 (2) (a) 10. This SECTION has been affected by drafts with the following LRB numbers: 1410/2, 1502/1, 1822/1, and 0724/1.
SECTION 10. 71.47 (5j) of the statutes is created to read:
71.47 (5j) ETHANOL AND BIODIESEL FUEL PUMP CREDIT. (a) Definitions. In this subsection:
1. "Biodiesel fuel" has the meaning given in s. 168.14 (2m) (a).
2. "Claimant" means a person who files a claim under this subsection.
3. "Motor vehicle fuel" has the meaning given in s. 78.005 (13).
(b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018, a claimant may claim as a credit against the taxes imposed under s. 71.43, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel.
(c) Limitations. 1. The maximum amount of the credit that a claimant may claim under this subsection in a taxable year is an amount that is equal to $5,000 per installed or retrofitted pump that is used as the basis for the credit claimed under par. (b).
2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.
(d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.
SECTION 11. 71.49 (1) (ds) of the statutes is created to read:
71.49 (1) (ds) Ethanol and biodiesel fuel pump credit under s. 71.47 (5j).
