H.B. No. 0005 |
Ethanol tax credit-extension. |
Sponsored
By: Joint
Agriculture, Public Lands and Water Resources Interim Committee
AN ACT relating to taxation; removing limitations on the ethanol
tax credit; modifying the requirements necessary to qualify for the tax credit;
and providing for an effective date.
11/21/2002 Bill Number
Assigned
1/14/2003 H Received
for Introduction
1/14/2003 H
Introduced and Referred to H05
1/16/2003 H05
Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Brechtel, Diercks,
Hageman, Harvey, Morgan, Powers, Prosser, Semlek and Slater
Ayes 9 Nays 0 Excused 0 Absent 0
Conflicts 0
1/16/2003 H Placed on
General File
1/17/2003 H
Amendments Considered
HB0005HW001/A ADOPTED
Page 2-line 19 Delete
"for any".
Page 2-line 20 Delete
the line through "producer".
BOSWELL
1/17/2003 H Passed
CoW
1/20/2003 H
Amendments Considered
HB0005H2001/F FAILED
Page 1-line 1 Delete
"removing limitations" insert "modifying limitation".
Page 1-line 14 Reinsert
stricken "Until July 1,"; after stricken "2003," insert
"2005,".
LANDON
HB0005H2002/AC (CORRECTED COPY) ADOPTED
Delete the
Boswell committee of the whole amendment (HB0005HW001/A) and further amend as
follows:
Page 1-line 1 Delete
"removing" insert "modifying".
Page 2-line 19 After
"exceed" insert "four million dollars ($4,000,000.00) per
year and shall not exceed".
BRECHTEL
1/20/2003 H Passed
2nd Reading
1/21/2003 H
Amendments Considered
HB0005H3001/F FAILED
Page 1-line 14 Reinsert
stricken language; strike "2003" insert "2007". LANDON
HB0005H3002/F FAILED
Page 2-line 8 After
"earned." insert "As used in this paragraph, "raw
products" shall not include water.". LANDON
HB0005H3003/F FAILED
Page 2-line 19 Delete
the Brechtel second reading amendment (HB0005H2002/AC) to this line; strike
"two million dollars ($2,000,000.00)" insert "four million
dollars ($4,000,000.00)"; after "year" insert "and
shall not exceed eight hundred thousand dollars ($800,000.00) per year". LANDON
1/21/2003 H Passed 3rd
Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper,
Diercks, Edwards, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen,
Johnson, W., Law, Lockhart, Luthi, McMurtrey, McOmie, Meuli, Miller, D.,
Morgan, Nicholas, Olsen, Parady, Petersen, Philp, Powers, Prosser, Ross,
Semlek, Simpson, Slater, Tipton, Wasserburger and Wostenberg.
Nays: Representative(s) Boswell, Esquibel,
Gentile, Gilmore, Johnson, L., Jones, Jorgensen, Landon, Latta, Martin, Meyer,
Osborn, Robinson, Thompson, Walsh and Warren.
Excused: Representative(s) Reese
Ayes 43 Nays 16 Excused 1 Absent 0
Conflicts 0
1/24/2003 S Received
for Introduction
2/6/2003 S
Introduced and Referred to S05
2/12/2003 S05
Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Barton, Cathcart, Geis, Northrup
and Vasey
Ayes 5 Nays 0 Excused 0 Absent 0
Conflicts 0
2/12/2003 S Placed on
General File
2/13/2003 S Passed
CoW
2/14/2003 S
Amendments Considered
HB0005S2001/AE (TO ENGROSSED COPY) ADOPTED
Page 1-line 14 Reinsert
stricken "Until July 1," after stricken "2003" insert
"2009".
Page 2-line 20 Before
"two million" insert "the lesser of".
Page 2-line 21 After
"year" insert "or an amount equal to the amount of Wyoming
origin raw products purchased".
DECARIA, DEVIN, MEIER, CATHCART
HB0005S2002/AE (TO ENGROSSED COPY) ADOPTED
Page 2-line 21 After
"producer." insert "No ethanol producer shall receive
any tax credit under this subsection for more than a total period of fifteen
(15) years.". DECARIA, DEVIN
2/14/2003 S Passed
2nd Reading
2/18/2003 S Passed
3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Cathcart, Coe, Devin, Erb, Goodenough, Hanes, Hawks, Hines, Kunz, Larson,
Meier, Mockler, Northrup, Peck, Roberts, Sessions and Vasey.
Nays: Senator(s) Boggs, Burns, Caller, Case,
Decaria, Job, Massie, Schiffer and Scott.
Excused: Senator(s) Geis
Ayes 20 Nays 9 Excused 1 Absent 0
Conflicts 0
2/19/2003 H Did Not Concur
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Baker,
Boswell, Buchanan, Cooper, Esquibel, Gentile, Gilmore, Illoway, Jansen,
Johnson, L., Jorgensen, Landon, Latta, Martin, McOmie, Meyer, Morgan, Nicholas,
Osborn, Petersen, Reese, Robinson, Thompson, Tipton and Warren.
Nays: Representative(s) Anderson, R., Berger,
Brechtel, Bucholz, Childers, Cohee, Diercks, Edwards, Hageman, Harshman,
Harvey, Hinckley, Iekel, Johnson, W., Jones, Law, Luthi, McMurtrey, Meuli,
Miller, D., Olsen, Parady, Philp, Powers, Prosser, Ross, Semlek, Simpson,
Slater, Walsh, Wasserburger and Wostenberg.
Excused: Representative(s) Lockhart
Ayes 27 Nays 32 Excused 1 Absent 0
Conflicts 0
2/19/2003 H Appointed
JCC01 Members
Hageman,
Buchanan and Jones
2/19/2003 S
Appointed JCC01 Members
Meier,
Northrup, Boggs
2/20/2003 H Appointed
JCC02 Members
Hageman,
Buchanan and Jones
2/20/2003 S
Appointed JCC02 Members
Meier,
Northrup, Boggs
HB0005JC02/AA ADOPTED
Delete the following Senate amendments:
HB0005S2001/AE
HB0005S2002/AE
Further amend the ENGROSSED COPY as follows:
Page 2-line 3 Strike
"paragraph" insert "subsection".
Page 2-line 6 Delete
"raw".
Page 2-line 7 After
"process" insert ", excluding water,".
Page 2-line 9 Delete
"raw".
Page 2-line 11 Delete
"raw".
Page 2-line 17 Strike
"The total".
Page 2-line 18 Strike
entirely.
Page 2-lines 19
and 20 Strike all
existing language and delete all new language.
Page 2-line 21 Strike
"year"; delete all new language; strike ".".
Page 2-line 22 Strike
";" insert ". Tax
credits under this subsection shall also be subject to the following:
(A)
The total of all tax credits redeemed by all ethanol producers under
this subsection shall not exceed four million dollars ($4,000,000.00) per year;
(B)
Except as provided by subparagraph (E) of this paragraph, the tax
credits redeemed under this subsection for any one (1) ethanol producer per
year shall not exceed the lesser of two million dollars ($2,000,000.00) or an
amount equal to the amount of Wyoming origin products purchased for the process
of producing ethanol, excluding water;
(C)
An ethanol producer constructing a new ethanol plant after July 1, 2003,
may receive tax credits authorized under this subsection for a period not to
exceed fifteen (15) years after the date the construction of the new plant is
complete;
(D)
Unless meeting the requirements of subparagraph (E) of this paragraph,
any ethanol producer qualifying for the tax credit under this subsection on or
before July 1, 2003 may only receive a tax credit under this subsection until
June 30, 2009;
(E)
Any ethanol producer qualifying for the tax credit under this subsection
before July 1, 2009, which expands its production after July 1, 2003, by at
least twenty-five percent (25%), shall receive tax credits under this
subsection for a period not to exceed fifteen (15) years 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.".
HAGEMAN, BUCHANAN, JONES, MEIER, BOGGS, NORTHRUP.
2/26/2003 H Adopted
HB0005JC02
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee,
Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman,
Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones,
Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie,
Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen,
Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater,
Thompson, Tipton, Walsh, Warren, Wasserburger and Wostenberg.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflict 0
2/27/2003 S Adopted
HB0005JC02
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Boggs, Caller, Cathcart, Coe, Decaria, Devin, Erb, Geis, Goodenough, Hanes,
Hawks, Hines, Kunz, Larson, Meier, Mockler, Northrup, Peck, Roberts and Vasey.
Nays: Senator(s) Burns, Case, Job, Massie,
Schiffer, Scott and Sessions.
Ayes 23 Nays 7 Excused 0 Absent 0
Conflicts 0
2/27/2003 Assigned
Number HEA 0064
2/27/2003 H Speaker
Signed HEA No. 0064
2/28/2003 S President
Signed HEA No. 0064
3/3/2003 Governor
Signed HEA No. 0064
Chapter No. 0098 Session
Laws of Wyoming 2003.