Wisconsin Legislature: LRB-1410/3

(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

AN ACT ...; relating to: the budget.

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.

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).

SECTION 12. 77.92 (4) of the statutes is amended to read:

77.92 (4) "Net business income," with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3p), (3t), (3w), (5b), (5e), (5f), (5g), and (5h), (5i), and (5j); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

****NOTE: This is reconciled s. 77.92 (4). This SECTION has been affected by drafts with the following LRB numbers: 1410/2, 1502/1, 1822/1, and 0724/1.

(End)

LRB-1414LRB-1414/3
RCT:wlj&cs:rs
2007 - 2008 LEGISLATURE

DOA:......Miner, BB0307 - Nonpoint funding for manure management

For 2007-09 Budget -- Not Ready For Introduction

AN ACT ...; relating to: the budget.

Under current law, DNR, in conjunction with DATCP, administers a program to provide funding to local governmental units for measures to reduce water pollution from nonpoint (diffuse) sources. Local governmental units annually apply for funding from DNR for new nonpoint source projects. A project qualifies for funding only if it is in a target area. An area may be a target area if, for example, it contains an animal feeding operation that has received a notice from DNR that the operation is discharging a significant amount of pollution to the waters of this state (a notice of discharge). DNR annually ranks all of the eligible applications based on specified criteria, including the extent to which each project will result in the attainment of water quality objectives, and then DNR selects projects to receive funding. Local governmental units, in turn, provide cost-sharing grants to land owners to implement the projects. This process is sometimes referred to as the targeted runoff management grant process.

This bill authorizes DNR to provide funding, outside of the targeted runoff management grant process, for animal waste management. DNR may provide funding to a local governmental unit for a project at an animal feeding operation that has received a notice of discharge from DNR if DNR determines that providing funding outside of that process is necessary to protect fish and aquatic life.

SECTION 1. 281.65 (4e) of the statutes is created to read:

281.65 (4e) (a) A governmental unit may request funding under this subsection for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283.

(b) The department may grant a request under par. (a) if it determines that providing funding under this subsection is necessary to protect fish and aquatic life.

(c) Subsection (8) (d) does not apply to a grant under this subsection.