S.F. No. 0008 |
Ethanol tax credit. |
Sponsored By: Joint Transportation, Highways and Military Affairs Interim Committee
AN ACT relating to taxation; repealing the gasoline tax credit provided to producers of ethanol; and providing for an effective date.
12/29/2011 Bill Number Assigned
2/13/2012 S Received for Introduction
2/13/2012 S Introduced and Referred to S08
ROLL CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Dockstader, Driskill, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer and Von Flatern
Nays: Senator(s) Emerich and Meier
Excused: Senator(s) Scott
Ayes 27 Nays 2 Excused 1 Absent 0 Conflicts 0
2/14/2012 S08 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Cooper, Johnson, Landen, Nutting and Schiffer
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/14/2012 S Placed on General File
2/15/2012 S Passed CoW
2/16/2012 S Passed 2nd Reading
SF0008S3001/FAILED
Page 1-line 1 After "taxation;" insert "reducing the gasoline tax credit for producers of ethanol in years 2013 and 2014;".
Page 1-after line 5 Insert and renumber:
"Section 1. W.S. 39‑17‑109(d)(intro) and (i)(intro) is amended to read:
39‑17‑109. Taxpayer remedies.
(d) Credits. The credits under this subsection are repealed effective January 1, 2015. The following shall apply:
(i) As provided in this section, the department shall grant a credit to producers of ethanol in the amount of forty cents ($.40) per gallon of ethanol produced in Wyoming prior to the end of 2012, twenty-seven cents ($.27) per gallon of ethanol produced in Wyoming in 2013, and fourteen cents ($.14) per gallon of ethanol produced in Wyoming in 2014, provided the producer submits a report to the department in a format required by the department containing information which will assist the department in determining:".
Page 1-line 7 Delete "1." insert "2.".
Page 1-line 10 Delete "2." insert "3."; delete "1" insert "2".
Page 1-line 12 Delete "the effective date of this act" insert "January 1, 2015".
Page 2-line 1 Delete and insert:
"Section 4.
(a) Section 1 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(b) Section 2 of this act is effective January 1, 2015.". HICKS
2/17/2012 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, Bebout, Burns, Case, Christensen, Coe, Cooper, Dockstader, Geis, Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Nicholas, P., Nutting, Perkins, Peterson, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Barnard, Driskill, Emerich, Esquibel, F. and Meier
Excused: Senator(s) Ross
Ayes 24 Nays 5 Excused 1 Absent 0 Conflicts 0
2/17/2012 H Received for Introduction
2/22/2012 H Introduced and Referred to H05
2/28/2012 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Campbell, Loucks, Moniz, Semlek and Zwonitzer, Dn.
Nays: Representative(s) Eklund and Hunt
Excused: Representative(s) Davison
Ayes 6 Nays 2 Excused 1 Absent 0 Conflicts 0
2/28/2012 H Placed on General File
SF0008HS001/ADOPTED
Page 1-line 1 Delete "repealing" insert "reducing the gasoline tax credit provided to producers of ethanol; providing for the delayed repeal of".
Page 1-lines 7 through 14 Delete entirely and insert:
"Section 1. W.S. 39‑17‑109(d)(i) and by creating a new paragraph (vii), is amended to read:
39‑17‑109. Taxpayers remedies.
(d) Credits. The following shall apply:
(i) The department shall grant a
credit to producers of ethanol in the amount of forty cents ($.40) eighteen
cents ($.18) per gallon of ethanol produced in Wyoming through December
31, 2021 provided the producer submits a report to the department in a
format required by the department containing information which will assist the
department in determining:
(vii) This subsection is repealed effective January 1, 2022. Credits granted pursuant to this subsection prior to January 1, 2021 shall be valid for a period of one (1) year from the date of issue by the department of transportation.".
Page 2-line 1 Delete "January 1, 2013" insert "July 1, 2012". SEMLEK, CHAIRMAN.
2/29/2012 H Passed CoW
SF0008H2001/FAILED
Delete the standing committee amendment (SF0008HS001/A) entirely. ILLOWAY, STUBSON, KROEKER
SF0008H2002/ADOPTED
Delete the standing committee amendment (SF0008HS001/A) entirely.
Delete the Illoway, et al., second reading amendment (SF0008HS001/A) entirely.
Further amend as follows:
Page 1-line 1 Delete "repealing" insert "reducing the amount and length of gasoline tax credit provided to producers of ethanol; providing for the delayed repeal of".
Page 1-line 2 After "ethanol;" insert "making conforming amendments;".
Page 1-lines 7 through 14 Delete entirely and insert:
"Section 1. W.S. 39‑17‑109(d)(i), (iv)(C) and (E) and by creating a new paragraph (vii), is amended to read:
39‑17‑109. Taxpayers remedies.
(d) Credits. The following shall apply:
(i) The department shall grant a
credit to producers of ethanol in the amount of forty cents ($.40) eighteen
cents ($.18) per gallon of ethanol produced in Wyoming through December
31, 2018 provided the producer submits a report to the department in a
format required by the department containing information which will assist the
department in determining:
(iv) Any person who has a tax liability in Wyoming for the sale of ethanol based motor fuel or gasoline sold for the purpose of blending into an ethanol based motor fuel may redeem a valid credit with the department to satisfy in part any tax liability imposed under W.S. 39‑17‑104(a)(i) and (ii). To qualify to redeem tax credits under this subsection, an ethanol producer shall purchase at least twenty-five percent (25%) of Wyoming origin products used in the distillation process, excluding water, during the calendar year in which the tax credits were earned. Each ethanol producer shall verify the origin of the products. In the event of natural damage to a significant portion of available Wyoming products as determined by the Wyoming department of agriculture, the twenty-five percent (25%) purchase requirement of this paragraph shall not apply. In no circumstances may the amount of tax credits redeemed by any person under this section exceed the existing tax liability of the person under W.S. 39‑17‑104(a)(i) and (ii). The department shall promulgate rules to implement this section. Tax credits under this subsection shall also be subject to the following:
(C) An ethanol producer constructing a new ethanol plant after July 1, 2003 and prior to July 1, 2011, may receive tax credits authorized under this subsection for a period not to exceed fifteen (15) years, prior to the date specified in paragraph (vii) of this subsection and after the date the construction of the new plant is complete;
(E) Any ethanol producer qualifying for the tax credit under this subsection before July 1, 2009, which expands its production after July 1, 2003 and prior to July 1, 2011, by at least twenty-five percent (25%), shall receive tax credits under this subsection for a period not to exceed fifteen (15) years, prior to the date specified in paragraph (vii) of this subsection and following the date the expanded production became operational. The maximum tax credit specified in subparagraph (B) of this paragraph for a producer qualifying under this subparagraph shall be increased to the amount available to the producer under subparagraph (B) of this paragraph plus the additional amount authorized under this subparagraph. The additional maximum amount authorized shall be computed by multiplying the percentage increase in expanded production by the maximum tax credit which the producer is eligible to receive under subparagraph (B) of this paragraph. For any ethanol producer meeting the requirements of this subparagraph, each expansion of production after July 1, 2003, of at least twenty-five percent (25%) of the most recent prior production shall qualify for the additional time and additional maximum credit authorized in this subparagraph.
(vii) This subsection is repealed effective January 1, 2019. Credits granted pursuant to this subsection prior to January 1, 2019 shall be valid for a period of one (1) year from the date of issue by the department of transportation.".
Page 2-line 1 Delete "January 1, 2013" insert "July 1, 2012". GINGERY
SF0008H2003/WITHDRAWN
SF0008H2004/FAILED
Page 1-line 1 After "taxation;" insert "providing for reimbursement from the general fund to certain accounts for ethanol tax credits paid;".
Page 1-lines 7 through 14 In the Gingery second reading amendment (SF0008H2002/A) to these lines in subparagraph (d)(i)(E) inserted by that amendment, after "authorized in this subparagraph." insert "At the end of each quarter the department shall certify to the state treasurer the total amount of credits redeemed under this subsection during the previous quarter. The state treasurer shall distribute from the general fund the amount certified as provided in W.S. 39‑17‑111.". MADDEN
3/1/2012 H Passed 2nd Reading
3/2/2012 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Freeman, Gingery, Greear, Greene, Harshman, Harvey, Hunt, Jaggi, Kasperik, Kroeker, Krone, Loucks, Lubnau, Madden, McKim, McOmie, Moniz, Patton, Petersen, Petroff, Quarberg, Roscoe, Stubson, Throne, Vranish, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Edmonds, Eklund, Esquibel, K., Gay, Illoway, Lockhart, Miller, Nicholas, B., Peasley, Pedersen, Reeder, Semlek, Steward, Teeters and Wallis
Excused: Representative(s) Goggles
Ayes 44 Nays 15 Excused 1 Absent 0 Conflicts 0
3/2/2012 S Received for Concurrence
3/2/2012 S Did Not Concur
ROLL CALL
Ayes: Senator(s) Anderson, Bebout, Cooper, Dockstader, Emerich, Hicks, Johnson, Landen, Meier, Nutting and Schiffer
Nays: Senator(s) Barnard, Burns, Case, Christensen, Coe, Driskill, Esquibel, F., Geis, Hastert, Hines, Jennings, Martin, Perkins, Peterson, Ross, Rothfuss, Scott and Von Flatern
Excused: Senator(s) Nicholas P
Ayes 11 Nays 18 Excused 1 Absent 0 Conflicts 0
3/2/2012 S Appointed JCC01 Members
Senator(s) Schiffer, Jennings, Meier
3/2/2012 H Appointed JCC01 Members
Representative(s) Semlek, Eklund, Teeters
3/8/2012 S Adopted SF0008JC01
ROLL CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer and Scott
Nays: Senator(s) Case and Von Flatern
Ayes 28 Nays 2 Excused 0 Absent 0 Conflicts 0
3/8/2012 H Adopted SF0008JC01
ROLL CALL
Ayes: Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Freeman, Gay, Gingery, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Moniz, Nicholas, B., Patton, Peasley, Pedersen, Petersen, Petroff, Quarberg, Reeder, Roscoe, Semlek, Steward, Stubson, Teeters, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Cannady and Esquibel, K
Excused: Representative(s) Goggles, Miller and Throne
Ayes 55 Nays 2 Excused 3 Absent 0 Conflicts 0
SF0008JC01/AA ADOPTED (TO ENGROSSED COPY)
Delete the following House amendments:
SF0008H2002/A
SF0008HS001/A
Further amend as follows:
Page 2-line 1 Delete "January 1, 2013" insert "July 1, 2015". SCHIFFER, JENNINGS, MEIER, SEMLEK, EKLUND, TEETERS
3/8/2012 Assigned Number SEA No. 0061
3/8/2012 S President Signed SEA No. 0061
3/8/2012 H Speaker Signed SEA No. 0061
3/21/2012 Governor Signed SEA No. 0061
3/21/2012 Assigned Chapter Number
Chapter No. 0105 Session Laws of Wyoming 2012