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 The credits under this subsection are repealed effective January 1, 2015.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