AB371-ASA1,9,95 (e) Sunset. No credit may be claimed under this subsection for taxable years
6beginning after December 31, 2009, except the the joint committee on finance may,
7by a two-thirds vote of the members present and voting, extend the credit under this
8subsection so that credits may be claimed for taxable years beginning after December
931, 2009, and before January 1, 2011.
AB371-ASA1, s. 7 10Section 7. 71.30 (3) (dq) of the statutes is created to read:
AB371-ASA1,9,1111 71.30 (3) (dq) Flexible fuel and electric motor vehicles credit under s. 71.28 (5j).
AB371-ASA1, s. 8 12Section 8. 71.34 (1) (g) of the statutes is amended to read:
AB371-ASA1,9,1613 71.34 (1) (g) An addition shall be made for credits computed by a tax-option
14corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g),
15(3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) , and (5j) and passed through to
16shareholders.
AB371-ASA1, s. 9 17Section 9. 71.45 (2) (a) 10. of the statutes is amended to read:
AB371-ASA1,9,2318 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
19computed under s. 71.47 (1dd) to (1dx), (3n), (3w), (5b), (5e), (5f), (5g), and (5h), and
20(5j)
and not passed through by a partnership, limited liability company, or tax-option
21corporation that has added that amount to the partnership's, limited liability
22company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and
23the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).
AB371-ASA1, s. 10 24Section 10. 71.47 (5j) of the statutes is created to read:
AB371-ASA1,10,2
171.47 (5j) Flexible fuel and electric motor vehicles credit. (a) Definitions.
2In this subsection:
AB371-ASA1,10,33 1. "Biodiesel fuel" has the meaning given in s. 168.14 (2m) (a).
AB371-ASA1,10,44 2. "Claimant" means a person who files a claim under this subsection.
AB371-ASA1,10,75 3. "Eligible vehicle" means any of the following, as determined by the
6department of transportation under s. 110.23, that is assembled in this state and sold
7or leased to the claimant as a new motor vehicle licensed for highway use:
AB371-ASA1,10,98 a. A motor vehicle that is capable of using both gasoline and a mixture of
9gasoline and at least 85 percent ethanol as a fuel to propel the motor vehicle.
AB371-ASA1,10,1010 b. A hybrid-electric vehicle, as defined in s. 16.045 (1) (e).
AB371-ASA1,10,1211 c. A vehicle that satisfies the requirements of the neighborhood electric vehicle
12test program conducted by the federal department of energy.
AB371-ASA1,10,1313 d. A plug-in hybrid-electric vehicle.
AB371-ASA1,10,1514 e. A motor vehicle that is capable of using biodiesel fuel as a fuel to propel the
15motor vehicle.
AB371-ASA1,10,1816 (b) Filing claims. Subject to the limitations provided under this subsection, a
17claimant may claim as a credit against the taxes imposed under s. 71.43, up to the
18amount of the tax:
AB371-ASA1,10,2019 1. One of the following amounts, if, in the taxable year, the claimant purchased
20or leased an eligible vehicle:
AB371-ASA1,10,2221 a. If the purchase price of the eligible vehicle is $18,000 or more, $500 for a
22purchased eligible vehicle and $100 for a leased eligible vehicle.
AB371-ASA1,10,2423 b. If the purchase price of the eligible vehicle is at least $17,000, but less than
24$18,000, $450 for a purchased eligible vehicle and $90 for a leased eligible vehicle.
AB371-ASA1,11,2
1c. If the purchase price of the eligible vehicle is at least $16,000, but less than
2$17,000, $400 for a purchased eligible vehicle and $80 for a leased eligible vehicle.
AB371-ASA1,11,43 d. If the purchase price of the eligible vehicle is at least $15,000, but less than
4$16,000, $350 for a purchased eligible vehicle and $70 for a leased eligible vehicle.
AB371-ASA1,11,65 e. If the purchase price of the eligible vehicle is at least $14,000, but less than
6$15,000, $300 for a purchased eligible vehicle and $60 for a leased eligible vehicle.
AB371-ASA1,11,87 f. If the purchase price of the eligible vehicle is at least $13,000, but less than
8$14,000, $250 for a purchased eligible vehicle and $50 for a leased eligible vehicle.
AB371-ASA1,11,109 g. If the purchase price of the eligible vehicle is at least $12,000, but less than
10$13,000, $200 for a purchased eligible vehicle and $40 for a leased eligible vehicle.
AB371-ASA1,11,1211 h. If the purchase price of the eligible vehicle is at least $11,000, but less than
12$12,000, $150 for a purchased eligible vehicle and $30 for a leased eligible vehicle.
AB371-ASA1,11,1413 i. If the purchase price of the eligible vehicle is at least $10,000, but less than
14$11,000, $100 for a purchased eligible vehicle and $20 for a leased eligible vehicle.
AB371-ASA1,11,1715 2. Fifty dollars, if the claimant purchased in the taxable year an engine
16modification kit to convert a motor vehicle that the claimant owns into an eligible
17vehicle.
AB371-ASA1,11,2318 (c) Limitations. 1. For purposes of determining the amount of the credit under
19par. (b) 1. for a leased eligible vehicle, the purchase price is the purchase price of the
20eligible vehicle on the first day of the lease period. A claimant who claims a credit
21under par. (b) 1. for a leased eligible vehicle may claim the credit for each year of the
22lease period that corresponds with a taxable year for which the claimant may claim
23a credit under this subsection.
AB371-ASA1,12,3
12. The credit under par. (b) 1. may be claimed only by the first person who takes
2title of the eligible vehicle, other than for resale, or, in the case of a leased vehicle,
3the first person who leases the vehicle.
AB371-ASA1,12,74 3. No credit may be claimed under par. (b) 2. unless the claimant submits with
5the claimant's return any document prescribed by the department that verifies that
6the engine modification kit described in par. (b) 2. was installed in the claimant's
7motor vehicle by a certified technician.
AB371-ASA1,12,158 4. No claimant may claim the credit under this subsection for vehicles described
9under par. (a) 3. a. and e. unless the claimant submits with the claimant's return any
10documentation prescribed by the department that indicates that the claimant paid
11at least $500 on the purchase of biodiesel fuel or motor vehicle fuel sold as 85 percent
12ethanol during the period beginning on the date that the claimant purchased the
13motor vehicle or on the first day of the lease period and ending on December 31 of the
14calendar year following the calendar year in which the claimant purchased or began
15leasing the motor vehicle.
AB371-ASA1,12,2316 5. Partnerships, limited liability companies, and tax-option corporations may
17not claim the credit under this subsection, but the eligibility for, and the amount of,
18the credit are based on their payment of amounts described under par. (b). A
19partnership, limited liability company, or tax-option corporation shall compute the
20amount of credit that each of its partners, members, or shareholders may claim and
21shall provide that information to each of them. Partners, members of limited liability
22companies, and shareholders of tax-option corporations may claim the credit in
23proportion to their ownership interests.
AB371-ASA1,12,2524 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
25s. 71.28 (4), applies to the credit under this subsection.
AB371-ASA1,13,5
1(e) Sunset. No credit may be claimed under this subsection for taxable years
2beginning after December 31, 2009, except the the joint committee on finance may,
3by a two-thirds vote of the members present and voting, extend the credit under this
4subsection so that credits may be claimed for taxable years beginning after December
531, 2009, and before January 1, 2011.
AB371-ASA1, s. 11 6Section 11. 71.49 (1) (dq) of the statutes is created to read:
AB371-ASA1,13,77 71.49 (1) (dq) Flexible fuel and electric motor vehicles credit under s. 71.47 (5j).
AB371-ASA1, s. 12 8Section 12. 77.92 (4) of the statutes is amended to read:
AB371-ASA1,13,239 77.92 (4) "Net business income," with respect to a partnership, means taxable
10income as calculated under section 703 of the Internal Revenue Code; plus the items
11of income and gain under section 702 of the Internal Revenue Code, including taxable
12state and municipal bond interest and excluding nontaxable interest income or
13dividend income from federal government obligations; minus the items of loss and
14deduction under section 702 of the Internal Revenue Code, except items that are not
15deductible under s. 71.21; plus guaranteed payments to partners under section 707
16(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
17(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), (3w), (5b), (5e), (5f),
18(5g), and (5h), and (5j); and plus or minus, as appropriate, transitional adjustments,
19depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and
20(19); but excluding income, gain, loss, and deductions from farming. "Net business
21income," with respect to a natural person, estate, or trust, means profit from a trade
22or business for federal income tax purposes and includes net income derived as an
23employee as defined in section 3121 (d) (3) of the Internal Revenue Code.
AB371-ASA1, s. 13 24Section 13. 86.195 (1) (ar) of the statutes is amended to read:
AB371-ASA1,14,7
186.195 (1) (ar) "Business sign" means a separately attached sign mounted on
2the rectangular sign panel to show the brand, symbol, trademark, or name, or
3combination of these, for a motorist service available on a crossroad at or near an
4interchange or an intersection and, notwithstanding sub. (6) (b), on or before
5December 31 of the last taxable year for which a credit may be claimed under ss.
671.07 (5j) (e), 71.28 (5j) (e), and 71.47 (5j) (e), may include the symbol "E85" for a
7motorist service in the "GAS" category
.
AB371-ASA1, s. 14 8Section 14. 86.195 (2) (c) of the statutes is renumbered 86.195 (2) (c) 1. and
9amended to read:
AB371-ASA1,14,1610 86.195 (2) (c) 1. A Except as provided in subd. 2., a person who requests the
11erection or installation of a sign under par. (a) or (b) shall pay to the department an
12annual permit fee of $40 to cover administrative costs and the cost of inspection of
13the signs erected or installed under this section. In addition, the person requesting
14a sign under par. (a) or (b) shall pay a fee for the manufacture, installation and
15maintenance of the specific information sign and the installation and maintenance
16of the business sign.
AB371-ASA1, s. 15 17Section 15. 86.195 (2) (c) 2. of the statutes is created to read:
AB371-ASA1,15,418 86.195 (2) (c) 2. A person who requests the installation and maintenance of a
19sign under par. (b) for a motorist service that offers gasoline consisting of at least 85
20percent ethanol may include the symbol "E85" on the sign and, if the symbol "E85"
21is included on the sign, is not required to pay to the department the annual permit
22fee of $40 under subd. 1. Only a motorist service that offers gasoline consisting of
23at least 85 percent ethanol in sufficient quantities to generally meet public demand
24may include the symbol "E85" on its business sign. In determining priority of
25applicants for installation and maintenance of a sign under par. (b), the department

1may not consider as a factor that under this subdivision a person requesting the
2installation and maintenance of a sign is not required to pay the annual permit fee.
3This subdivision does not apply after December 31 of the last taxable year for which
4a credit may be claimed under ss. 71.07 (5j) (e), 71.28 (5j) (e), and 71.47 (5j) (e).
AB371-ASA1, s. 16 5Section 16. 110.23 of the statutes is created to read:
AB371-ASA1,15,14 6110.23 Flexible fuel and electric motor vehicles. No later than January
71 of each year, the department shall prepare and make publicly available a list of
8motor vehicles, identified by vehicle make and model, that satisfy the criteria for an
9eligible vehicle specified in ss. 71.07 (5j) (a) 2., 71.28 (5j) (a) 2., and 71.47 (5j) (a) 2.
10The department may consult with the department of natural resources in preparing
11this list. After this list is completed each year, the list may not be updated or
12otherwise modified until its annual update on or about January 1 of the following
13year. This section does not apply after December 31 of the last taxable year for which
14a credit may be claimed under ss. 71.07 (5j) (e), 71.28 (5j) (e), and 71.47 (5j) (e).
AB371-ASA1, s. 17 15Section 17. Initial applicability.
AB371-ASA1,15,1916 (1) The treatment of sections 71.05 (6) (a) 15., 71.07 (5j), 71.10 (4) (cn), 71.21
17(4), 71.26 (2) (a), 71.28 (5j), 71.30 (3) (dq), 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5j),
1871.49 (1) (dq), and 77.92 (4) of the statutes first applies to taxable years beginning
19on January 1, 2008.
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