SB459, s. 13 17Section 13. 71.28 (3p) (a) 3. (intro.) of the statutes, as created by 2007
18Wisconsin Act 20
, is amended to read:
SB459,5,2519 71.28 (3p) (a) 3. (intro.) "Dairy manufacturing modernization or expansion"
20means constructing, improving, or acquiring buildings or facilities, or acquiring
21equipment, for dairy manufacturing, including the following, if used exclusively for
22dairy manufacturing and if acquired and placed in service in this state during
23taxable years that begin after December 31, 2006, and before January 1, 2015, or, in
24the case of dairy cooperatives, if acquired and placed in service in this state during
25taxable years that begin after December 31, 2008, and before January 1, 2017
:
SB459, s. 14
1Section 14. 71.28 (3p) (b) of the statutes, as created by 2007 Wisconsin Act 20,
2is amended to read:
SB459,6,93 71.28 (3p) (b) Filing claims. Subject to the limitations provided in this
4subsection and s. 560.207, except as provided in par. (c) 5., for taxable years
5beginning after December 31, 2006, and before January 1, 2015, a claimant may
6claim as a credit against the taxes imposed under s. 71.23, up to the amount of the
7tax, an amount equal to 10 percent of the amount the claimant paid in the taxable
8year for dairy manufacturing modernization or expansion related to the claimant's
9dairy manufacturing operation.
SB459, s. 15 10Section 15. 71.28 (3p) (c) 2m. b. of the statutes, as created by 2007 Wisconsin
11Act 20
, is amended to read:
SB459,6,1512 71.28 (3p) (c) 2m. b. The maximum amount of the credits that may be claimed
13by all claimants, other than members of dairy cooperatives, under this subsection
14and ss. 71.07 (3p) and 71.47 (3p) in fiscal year 2008-09, and in each fiscal year
15thereafter, is $700,000, as allocated under s. 560.207.
SB459, s. 16 16Section 16. 71.28 (3p) (c) 2m. bm. of the statutes is created to read:
SB459,6,2317 71.28 (3p) (c) 2m. bm. The maximum amount of the credits that may be claimed
18by members of dairy cooperatives under this subsection and ss. 71.07 (3p) and 71.47
19(3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207, and the
20maximum amount of the credits that may be claimed by members of dairy
21cooperatives under this subsection and ss. 71.07 (3p) and 71.47 (3p) in fiscal year
222010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
23560.207.
SB459, s. 17 24Section 17. 71.28 (3p) (c) 3. of the statutes, as created by 2007 Wisconsin Act
2520
, is amended to read:
SB459,7,13
171.28 (3p) (c) 3. Partnerships, limited liability companies, and tax-option
2corporations, and dairy cooperatives may not claim the credit under this subsection,
3but the eligibility for, and the amount of, the credit are based on their payment of
4expenses under par. (b), except that the aggregate amount of credits that the entity
5may compute shall not exceed $200,000 for each of the entity's dairy manufacturing
6facilities
. A partnership, limited liability company, or tax-option corporation, or
7dairy cooperative
shall compute the amount of credit that each of its partners,
8members, or shareholders may claim and shall provide that information to each of
9them. Partners, members of limited liability companies, and shareholders of
10tax-option corporations may claim the credit in proportion to their ownership
11interest. Members of a dairy cooperative may claim the credit in proportion to the
12amount of milk that each member delivers to the dairy cooperative, as determined
13by the dairy cooperative.
SB459, s. 18 14Section 18. 71.28 (3p) (c) 5. of the statutes is created to read:
SB459,7,1815 71.28 (3p) (c) 5. A claimant who is a member of a dairy cooperative may claim
16the credit, based on amounts described under par. (b) that are paid by the dairy
17cooperative, for taxable years beginning after December 31, 2008, and before
18January 1, 2017.
SB459, s. 19 19Section 19. 71.28 (3p) (d) 2. of the statutes, as created by 2007 Wisconsin Act
2020
, is amended to read:
SB459,8,221 71.28 (3p) (d) 2. If Except as provided in subd. 3., if the allowable amount of
22the claim under par. (b) exceeds the tax otherwise due under s. 71.23 or no tax is due
23under s. 71.23
, the amount of the claim not used to offset the tax due shall be certified
24by the department of revenue to the department of administration for payment by

1check, share draft, or other draft drawn from the appropriation account under s.
220.835 (2) (bn).
SB459, s. 20 3Section 20. 71.28 (3p) (d) 3. of the statutes is created to read:
SB459,8,94 71.28 (3p) (d) 3. With regard to claims that are based on amounts described
5under par. (b) that are paid by a dairy cooperative, if the allowable amount of the
6claim under par. (b) exceeds the tax otherwise due under s. 71.23, the amount of the
7claim not used to offset the tax due shall be certified by the department of revenue
8to the department of administration for payment by check, share draft, or other draft
9drawn from the appropriation account under s. 20.835 (2) (bp).
SB459, s. 21 10Section 21. 71.47 (3p) (a) 1m. of the statutes is created to read:
SB459,8,1211 71.47 (3p) (a) 1m. "Dairy cooperative" means a business organized under ch.
12185 or 193 for the purpose of obtaining or processing milk.
SB459, s. 22 13Section 22. 71.47 (3p) (a) 3. (intro.) of the statutes, as created by 2007
14Wisconsin Act 20
, is amended to read:
SB459,8,2115 71.47 (3p) (a) 3. (intro.) "Dairy manufacturing modernization or expansion"
16means constructing, improving, or acquiring buildings or facilities, or acquiring
17equipment, for dairy manufacturing, including the following, if used exclusively for
18dairy manufacturing and if acquired and placed in service in this state during
19taxable years that begin after December 31, 2006, and before January 1, 2015, or, in
20the case of dairy cooperatives, if acquired and placed in service in this state during
21taxable years that begin after December 31, 2008, and before January 1, 2017
:
SB459, s. 23 22Section 23. 71.47 (3p) (b) of the statutes, as created by 2007 Wisconsin Act 20,
23is amended to read:
SB459,9,524 71.47 (3p) (b) Filing claims. Subject to the limitations provided in this
25subsection and s. 560.207, except as provided in par. (c) 5., for taxable years

1beginning after December 31, 2006, and before January 1, 2015, a claimant may
2claim as a credit against the taxes imposed under s. 71.43, up to the amount of the
3tax, an amount equal to 10 percent of the amount the claimant paid in the taxable
4year for dairy manufacturing modernization or expansion related to the claimant's
5dairy manufacturing operation.
SB459, s. 24 6Section 24. 71.47 (3p) (c) 2m. b. of the statutes, as created by 2007 Wisconsin
7Act 20
, is amended to read:
SB459,9,118 71.47 (3p) (c) 2m. b. The maximum amount of the credits that may be claimed
9by all claimants, other than members of dairy cooperatives, under this subsection
10and ss. 71.07 (3p) and 71.28 (3p) in fiscal year 2008-09, and in each fiscal year
11thereafter, is $700,000, as allocated under s. 560.207.
SB459, s. 25 12Section 25. 71.47 (3p) (c) 2m. bm. of the statutes is created to read:
SB459,9,1913 71.47 (3p) (c) 2m. bm. The maximum amount of the credits that may be claimed
14by members of dairy cooperatives under this subsection and ss. 71.07 (3p) and 71.28
15(3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207, and the
16maximum amount of the credits that may be claimed by members of dairy
17cooperatives under this subsection and ss. 71.07 (3p) and 71.28 (3p) in fiscal year
182010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
19560.207.
SB459, s. 26 20Section 26. 71.47 (3p) (c) 3. of the statutes, as created by 2007 Wisconsin Act
2120
, is amended to read:
SB459,9,2522 71.47 (3p) (c) 3. Partnerships, limited liability companies, and tax-option
23corporations, and dairy cooperatives may not claim the credit under this subsection,
24but the eligibility for, and the amount of, the credit are based on their payment of
25expenses under par. (b), except that the aggregate amount of credits that the entity

1may compute shall not exceed $200,000 for each of the entity's dairy manufacturing
2facilities
. A partnership, limited liability company, or tax-option corporation, or
3dairy cooperative
shall compute the amount of credit that each of its partners,
4members, or shareholders may claim and shall provide that information to each of
5them. Partners, members of limited liability companies, and shareholders of
6tax-option corporations may claim the credit in proportion to their ownership
7interest. Members of a dairy cooperative may claim the credit in proportion to the
8amount of milk that each member delivers to the dairy cooperative, as determined
9by the dairy cooperative.
SB459, s. 27 10Section 27. 71.47 (3p) (c) 5. of the statutes is created to read:
SB459,10,1411 71.47 (3p) (c) 5. A claimant who is a member of a dairy cooperative may claim
12the credit, based on amounts described under par. (b) that are paid by the dairy
13cooperative, for taxable years beginning after December 31, 2008, and before
14January 1, 2017.
SB459, s. 28 15Section 28. 71.47 (3p) (d) 2. of the statutes, as created by 2007 Wisconsin Act
1620
, is amended to read:
SB459,10,2217 71.47 (3p) (d) 2. If Except as provided in subd. 3., if the allowable amount of
18the claim under par. (b) exceeds the tax otherwise due under s. 71.43 or no tax is due
19under s. 71.43
, the amount of the claim not used to offset the tax due shall be certified
20by the department of revenue to the department of administration for payment by
21check, share draft, or other draft drawn from the appropriation account under s.
2220.835 (2) (bn).
SB459, s. 29 23Section 29. 71.47 (3p) (d) 3. of the statutes is created to read:
SB459,11,424 71.47 (3p) (d) 3. With regard to claims that are based on amounts described
25under par. (b) that are paid by a dairy cooperative, if the allowable amount of the

1claim under par. (b) exceeds the tax otherwise due under s. 71.43, the amount of the
2claim not used to offset the tax due shall be certified by the department of revenue
3to the department of administration for payment by check, share draft, or other draft
4drawn from the appropriation account under s. 20.835 (2) (bp).
SB459, s. 30 5Section 30. 560.207 (2) of the statutes, as created by 2007 Wisconsin Act 20,
6is amended to read:
SB459,11,187 560.207 (2) If the department of commerce certifies a taxpayer under sub. (1),
8the department of commerce shall determine the amount of credits to allocate to that
9taxpayer. The total amount of dairy manufacturing facility investment credits
10allocated to taxpayers in fiscal year 2007-08 may not exceed $600,000 and the total
11amount of dairy manufacturing facility investment credits allocated to taxpayers
12who are not members of dairy cooperatives in fiscal year 2008-09, and in each fiscal
13year thereafter, may not exceed $700,000. The total amount of dairy manufacturing
14facility investment credits allocated to taxpayers who are members of dairy
15cooperatives in fiscal year 2009-10 may not exceed $600,000 and the total amount
16of dairy manufacturing facility investment credits allocated to taxpayers who are
17members of dairy cooperatives in fiscal year 2010-11, and in each fiscal year
18thereafter, may not exceed $700,000.
SB459,11,1919 (End)
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