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2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 41,
TO 2009 SENATE BILL 62
February 18, 2009 - Offered by Representatives Friske, Mursau, M. Williams,
Suder, Nygren
and Meyer.
SB62-AA41,1,11 At the locations indicated, amend the bill as follows:
SB62-AA41,1,2 21. Page 20, line 2: after that line insert:
SB62-AA41,1,3 3" Section 16d. 20.835 (2) (ba) of the statutes is created to read:
SB62-AA41,1,54 20.835 (2) (ba) Silviculture investment credit. A sum sufficient to make the
5payments under ss. 71.07 (3rm), 71.28 (3rm), and 71. 47 (3rm).".
SB62-AA41,1,6 62. Page 44, line 2: after " (3r)," insert "(3rm),".
SB62-AA41,1,7 73. Page 53, line 2: after that line insert:
SB62-AA41,1,8 8" Section 100d. 71.07 (3rm) of the statutes is created to read:
SB62-AA41,1,109 71.07 (3rm) Silviculture investment credit. (a) Definitions. In this
10subsection:
SB62-AA41,1,1111 1. "Claimant" means a person who files a claim under this subsection.
SB62-AA41,2,3
12. "Silviculture" means theory and practice of controlling regeneration,
2composition, and growth of stands of forest vegetation using knowledge of the life
3history, characteristics, and ecology of forest trees through:
SB62-AA41,2,44 a. Regeneration treatment.
SB62-AA41,2,55 b. Liberation cutting.
SB62-AA41,2,66 c. Thinning.
SB62-AA41,2,77 d. Crown thinning.
SB62-AA41,2,88 e. Improvement cutting.
SB62-AA41,2,99 f. Planting.
SB62-AA41,2,1010 g. Site preparation.
SB62-AA41,2,1111 h. Pruning.
SB62-AA41,2,1612 3. "Silviculture modernization or expansion" means constructing, improving,
13or acquiring buildings or facilities, or acquiring equipment, if the buildings,
14facilities, and equipment are used exclusively for silviculture and if acquired and
15placed in service in this state during taxable years that begin after December 31,
162008, and before January 1, 2015.
SB62-AA41,2,1817 4. "Used exclusively" means used to the exclusion of all other uses except for
18use not exceeding 5 percent of total use.
SB62-AA41,2,2319 (b) Filing claims. Subject to the limitations provided in this subsection and s.
20560.209, for taxable years beginning after December 31, 2008, and before January
211, 2015, a claimant may claim as a credit against the taxes imposed under s. 71.02
22or 71.08, up to the amount of the tax, an amount equal to 10 percent of the amount
23the claimant paid in the taxable year for silviculture modernization or expansion.
SB62-AA41,3,3
1(c) Limitations. 1. No credit may be allowed under this subsection for any
2amount that the claimant paid for expenses described under par. (b) that the
3claimant also claimed as a deduction under section 162 of the Internal Revenue Code.
SB62-AA41,3,54 2. The aggregate amount of credits that a claimant may claim under this
5subsection is $200,000.
SB62-AA41,3,86 3. a. The maximum amount of the credits that may be claimed under this
7subsection and ss. 71.28 (3rm) and 71.47 (3rm) in fiscal year 2009-10 is $700,000,
8as allocated under s. 560.209.
SB62-AA41,3,119 b. The maximum amount of the credits that may be claimed under this
10subsection and ss. 71.28 (3rm) and 71.47 (3rm) in fiscal year 2010-11, and in each
11fiscal year thereafter, is $800,000, as allocated under s. 560.209.
SB62-AA41,3,2012 4. Partnerships, limited liability companies, and tax-option corporations may
13not claim the credit under this subsection, but the eligibility for, and the amount of,
14the credit are based on their payment of expenses under par. (b), except that the
15aggregate amount of credits that the entity may compute shall not exceed $200,000.
16A partnership, limited liability company, or tax-option corporation shall compute
17the amount of credit that each of its partners, members, or shareholders may claim
18and shall provide that information to each of them. Partners, members of limited
19liability companies, and shareholders of tax-option corporations may claim the
20credit in proportion to their ownership interest.
SB62-AA41,3,2421 5. If 2 or more persons own and operate the silviculture operation, each person
22may claim a credit under par. (b) in proportion to his or her ownership interest, except
23that the aggregate amount of the credits claimed by all persons who own and operate
24the operation shall not exceed $200,000.
SB62-AA41,4,2
1(d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
2credit under s. 71.28 (4), applies to the credit under this subsection.
SB62-AA41,4,73 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
4due under s. 71.02 or 71.08, the amount of the claim not used to offset the tax due
5shall be certified by the department of revenue to the department of administration
6for payment by check, share draft, or other draft drawn from the appropriation
7account under s. 20.835 (2) (ba).".
SB62-AA41,4,8 84. Page 54, line 21: after " (3r)," insert "(3rm),".
SB62-AA41,4,10 95. Page 56, line 20: after " (3r)," insert "silviculture investment credit under s.
1071.07 (3rm),
".
SB62-AA41,4,11 116. Page 57, line 2: after " (3r)," insert "(3rm),".
SB62-AA41,4,12 127. Page 81, line 8: after " (3r)," insert "(3rm),".
SB62-AA41,4,13 138. Page 89, line 7: after that line insert:
SB62-AA41,4,14 14" Section 147d. 71.28 (3rm) of the statutes is created to read:
SB62-AA41,4,1615 71.28 (3rm) Silviculture investment credit. (a) Definitions. In this
16subsection:
SB62-AA41,4,1717 1. "Claimant" means a person who files a claim under this subsection.
SB62-AA41,4,2018 2. "Silviculture" means theory and practice of controlling regeneration,
19composition, and growth of stands of forest vegetation using knowledge of the life
20history, characteristics, and ecology of forest trees through:
SB62-AA41,4,2121 a. Regeneration treatment.
SB62-AA41,4,2222 b. Liberation cutting.
SB62-AA41,4,2323 c. Thinning.
SB62-AA41,4,2424 d. Crown thinning.
SB62-AA41,4,25
1e. Improvement cutting.
SB62-AA41,5,22 f. Planting.
SB62-AA41,5,33 g. Site preparation.
SB62-AA41,5,44 h. Pruning.
SB62-AA41,5,95 3. "Silviculture modernization or expansion" means constructing, improving,
6or acquiring buildings or facilities, or acquiring equipment, if the buildings,
7facilities, and equipment are used exclusively for silviculture and if acquired and
8placed in service in this state during taxable years that begin after December 31,
92008, and before January 1, 2015.
SB62-AA41,5,1110 4. "Used exclusively" means used to the exclusion of all other uses except for
11use not exceeding 5 percent of total use.
SB62-AA41,5,1612 (b) Filing claims. Subject to the limitations provided in this subsection and s.
13560.209, for taxable years beginning after December 31, 2008, and before January
141, 2015, a claimant may claim as a credit against the taxes imposed under s. 71.23,
15up to the amount of the tax, an amount equal to 10 percent of the amount the
16claimant paid in the taxable year for silviculture modernization or expansion.
SB62-AA41,5,1917 (c) Limitations. 1. No credit may be allowed under this subsection for any
18amount that the claimant paid for expenses described under par. (b) that the
19claimant also claimed as a deduction under section 162 of the Internal Revenue Code.
SB62-AA41,5,2120 2. The aggregate amount of credits that a claimant may claim under this
21subsection is $200,000.
SB62-AA41,5,2422 3. a. The maximum amount of the credits that may be claimed under this
23subsection and ss. 71.07 (3rm) and 71.47 (3rm) in fiscal year 2009-10 is $700,000,
24as allocated under s. 560.209.
SB62-AA41,6,3
1b. The maximum amount of the credits that may be claimed under this
2subsection and ss. 71.07 (3rm) and 71.47 (3rm) in fiscal year 2010-11, and in each
3fiscal year thereafter, is $800,000, as allocated under s. 560.209.
SB62-AA41,6,124 4. Partnerships, limited liability companies, and tax-option corporations may
5not claim the credit under this subsection, but the eligibility for, and the amount of,
6the credit are based on their payment of expenses under par. (b), except that the
7aggregate amount of credits that the entity may compute shall not exceed $200,000.
8A partnership, limited liability company, or tax-option corporation shall compute
9the amount of credit that each of its partners, members, or shareholders may claim
10and shall provide that information to each of them. Partners, members of limited
11liability companies, and shareholders of tax-option corporations may claim the
12credit in proportion to their ownership interest.
SB62-AA41,6,1613 5. If 2 or more persons own and operate the silviculture operation, each person
14may claim a credit under par. (b) in proportion to his or her ownership interest, except
15that the aggregate amount of the credits claimed by all persons who own and operate
16the operation shall not exceed $200,000.
SB62-AA41,6,1817 (d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
18under sub. (4), applies to the credit under this subsection.
SB62-AA41,6,2319 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
20due under s. 71.23, the amount of the claim not used to offset the tax due shall be
21certified by the department of revenue to the department of administration for
22payment by check, share draft, or other draft drawn from the appropriation account
23under s. 20.835 (2) (ba).".
SB62-AA41,7,2
19. Page 95, line 4: after " (3r)," insert "silviculture investment credit under s.
271.28 (3rm),
".
SB62-AA41,7,3 310. Page 96, line 9: after " (3r)," insert "(3rm),".
SB62-AA41,7,4 411. Page 99, line 3: after " (3r)," insert "(3rm),".
SB62-AA41,7,5 512. Page 107, line 2: after that line insert:
SB62-AA41,7,6 6" Section 191d. 71.47 (3rm) of the statutes is created to read:
SB62-AA41,7,87 71.47 (3rm) Silviculture investment credit. (a) Definitions. In this
8subsection:
SB62-AA41,7,99 1. "Claimant" means a person who files a claim under this subsection.
SB62-AA41,7,1210 2. "Silviculture" means theory and practice of controlling regeneration,
11composition, and growth of stands of forest vegetation using knowledge of the life
12history, characteristics, and ecology of forest trees through:
SB62-AA41,7,1313 a. Regeneration treatment.
SB62-AA41,7,1414 b. Liberation cutting.
SB62-AA41,7,1515 c. Thinning.
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