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2011 - 2012 LEGISLATURE
June 30, 2011 - Introduced by Senators Wanggaard, Moulton and Lasee,
cosponsored by Representatives Bernier, Brooks, Jacque, Litjens,
Thiesfeldt
and Wynn. Referred to Committee on Public Health, Human
Services, and Revenue.
SB140,1,7 1An Act to amend 20.566 (1) (hp), 49.45 (5m) (am), 49.45 (6m) (ag) (intro.), 49.45
2(6y) (a), 49.45 (6z) (a) (intro.), 49.45 (8) (b), 49.45 (24m) (intro.), 49.45 (51) (a),
349.473 (5) and 79.01 (2d); and to create 20.255 (2) (g), 20.435 (4) (ht), 71.10 (5k),
471.10 (5L), 71.10 (5n), 121.115 and 121.90 (2) (am) 5. of the statutes; relating
5to:
creating an individual income tax checkoff for contributions to elementary
6and secondary education, shared revenue, and Medical Assistance, and making
7an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, an individual income tax check-off procedure exists that
allows an individual who files a return to designate any amount of additional
payment or any amount of a refund due for the endangered resources program.
Similar checkoffs exist to provide payments to several other programs, including a
veterans trust fund, prostate cancer research, multiple sclerosis programs, a fire
fighters memorial, Second Harvest food banks, and a breast cancer research
program, and to provide a donation to a professional football stadium district. This
bill creates three similar income tax checkoffs for designations to state financed
programs towards elementary and secondary education materials, shared revenue,
and Medical Assistance (programs).
Under the bill, an individual who has an income tax liability, is due a refund,
or is required to file a return may designate any amount of additional payment, or

any amount of a refund due, to any or all of the three programs, on his or her income
tax return. If an individual's designation exceeds the amount of his or her refund,
he or she must include a check with his or her tax return for the difference between
the amount of the designation and the amount of the refund. If an individual who
makes a contribution has a tax liability or has no tax liability and is due no refund,
he or she must include a check for the amount of the designation with his or her tax
return.
The bill requires that an amount equal to the total amount of designations
received, less the total cost of administering each of the income tax check-off
procedures, be appropriated to the programs.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB140, s. 1 1Section 1. 20.255 (2) (g) of the statutes is created to read:
SB140,2,42 20.255 (2) (g) Elementary and secondary education funding. All moneys
3received, from amounts designated under s. 71.10 (5k) (b) and certified under s. 71.10
4(5k) (h) 3., for elementary and secondary education funding under s. 121.115.
SB140, s. 2 5Section 2. 20.435 (4) (ht) of the statutes is created to read:
SB140,2,116 20.435 (4) (ht) Tax checkoff; Medical Assistance program benefits. All moneys
7received from amounts designated under s. 71.10 (5n) (b) and certified under s. 71.10
8(5n) (h) 3. to provide a portion of the state share of Medical Assistance program
9benefits administered under subch. IV of ch. 49 and to provide a portion of the
10Medical Assistance program benefits administered under subch. IV of ch. 49 that are
11not also provided under par. (o).
SB140, s. 3 12Section 3. 20.566 (1) (hp) of the statutes is amended to read:
SB140,3,413 20.566 (1) (hp) Administration of income tax checkoff voluntary payments. The
14amounts in the schedule for the payment of all administrative costs, including data
15processing costs, incurred in administering ss. 71.10 (5), (5e), (5f), (5fm), (5g), (5h),

1(5i), (5j), and (5k), (5L), (5m), and (5n), and 71.30 (10). All moneys specified for
2deposit in this appropriation under ss. 71.10 (5) (h) 5., (5e) (h) 4., (5f) (i), (5fm) (i), (5g)
3(i), (5h) (i), (5i) (i), (5j) (i), and (5k) (i), (5L) (i), (5m) (i), and (5n) (i), and 71.30 (10) (i)
4and (11) (i) shall be credited to this appropriation.
SB140, s. 4 5Section 4. 49.45 (5m) (am) of the statutes is amended to read:
SB140,3,126 49.45 (5m) (am) Notwithstanding sub. (3) (e), from the appropriation accounts
7under s. 20.435 (4) (b), (ht), (o), (w) and (xc), the department shall distribute not more
8than $5,000,000 in each fiscal year, to provide supplemental funds to rural hospitals
9that, as determined by the department, have high utilization of inpatient services by
10patients whose care is provided from governmental sources, except that the
11department may not distribute funds to a rural hospital to the extent that the
12distribution would exceed any limitation under 42 USC 1396b (i) (3).
SB140, s. 5 13Section 5. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:
SB140,3,2014 49.45 (6m) (ag) (intro.) Payment for care provided in a facility under this
15subsection made under s. 20.435 (4) (b), (ht), (o), (pa), or (w) shall, except as provided
16in pars. (bg), (bm), and (br), be determined according to a prospective payment
17system updated annually by the department. The payment system shall implement
18standards that are necessary and proper for providing patient care and that meet
19quality and safety standards established under subch. II of ch. 50 and ch. 150. The
20payment system shall reflect all of the following:
SB140, s. 6 21Section 6. 49.45 (6y) (a) of the statutes is amended to read:
SB140,4,622 49.45 (6y) (a) Notwithstanding sub. (3) (e), from the appropriation accounts
23under s. 20.435 (4) (b), (ht), (o), and (w), the department may distribute funding in
24each fiscal year to provide supplemental payment to hospitals that enter into a
25contract under s. 49.02 (2) to provide health care services funded by a relief block

1grant, as determined by the department, for hospital services that are not in excess
2of the hospitals' customary charges for the services, as limited under 42 USC 1396b
3(i) (3). If no relief block grant is awarded under this chapter or if the allocation of
4funds to such hospitals would exceed any limitation under 42 USC 1396b (i) (3), the
5department may distribute funds to hospitals that have not entered into a contract
6under s. 49.02 (2).
SB140, s. 7 7Section 7. 49.45 (6z) (a) (intro.) of the statutes is amended to read:
SB140,4,198 49.45 (6z) (a) (intro.) Notwithstanding sub. (3) (e), from the appropriation
9accounts under s. 20.435 (4) (b), (ht), (o), and (w), the department may distribute
10funding in each fiscal year to supplement payment for services to hospitals that enter
11into indigent care agreements, in accordance with the approved state plan for
12services under 42 USC 1396a, with relief agencies that administer the medical relief
13block grant under this chapter, if the department determines that the hospitals serve
14a disproportionate number of low-income patients with special needs. If no medical
15relief block grant under this chapter is awarded or if the allocation of funds to such
16hospitals would exceed any limitation under 42 USC 1396b (i) (3), the department
17may distribute funds to hospitals that have not entered into indigent care
18agreements. The department may not distribute funds under this subsection to the
19extent that the distribution would do any of the following:
SB140, s. 8 20Section 8. 49.45 (8) (b) of the statutes is amended to read:
SB140,4,2521 49.45 (8) (b) Reimbursement under s. 20.435 (4) (b), (ht), (o), and (w) for home
22health services provided by a certified home health agency or independent nurse
23shall be made at the home health agency's or nurse's usual and customary fee per
24patient care visit, subject to a maximum allowable fee per patient care visit that is
25established under par. (c).
SB140, s. 9
1Section 9. 49.45 (24m) (intro.) of the statutes is amended to read:
SB140,5,62 49.45 (24m) (intro.) From the appropriation accounts under s. 20.435 (4) (b),
3(ht), (o), and (w), in order to test the feasibility of instituting a system of
4reimbursement for providers of home health care and personal care services for
5medical assistance recipients that is based on competitive bidding, the department
6shall:
SB140, s. 10 7Section 10. 49.45 (51) (a) of the statutes is amended to read:
SB140,5,158 49.45 (51) (a) By November 1 annually, the department shall provide to the
9department of revenue information concerning the estimated amounts of
10supplements payable from the appropriation accounts under s. 20.435 (4) (b) and (ht)
11to specific local governmental units for the provision of transportation for medical
12care, as specified under s. 49.46 (2) (b) 3., during the fiscal year. Beginning November
131, 2004, the information that the department provides under this paragraph shall
14include any adjustments necessary to reflect actual claims submitted by service
15providers in the previous fiscal year.
SB140, s. 11 16Section 11. 49.473 (5) of the statutes is amended to read:
SB140,5,2117 49.473 (5) The department shall audit and pay, from the appropriation
18accounts under s. 20.435 (4) (b), (ht), and (o), allowable charges to a provider who is
19certified under s. 49.45 (2) (a) 11. for medical assistance on behalf of a woman who
20meets the requirements under sub. (2) for all benefits and services specified under
21s. 49.46 (2).
SB140, s. 12 22Section 12. 71.10 (5k) of the statutes is created to read:
SB140,5,2423 71.10 (5k) Elementary and secondary education materials funding checkoff.
24(a) Definitions. In this subsection:
SB140,5,2525 1. "Department" means the department of revenue.
SB140,6,4
12. "Elementary and secondary education materials funding" means moneys
2distributed to school districts for the purchase of books, materials, and equipment,
3as provided under s. 121.115, and for the payment of administrative expenses related
4to the administration of this subsection.
SB140,6,85 (b) Voluntary payments. 1. `Designation on return.' Every individual filing an
6income tax return who has a tax liability or is entitled to a tax refund may designate
7on the return any amount of additional payment or any amount of a refund due that
8individual for elementary and secondary education materials funding.
SB140,6,129 2. `Designation added to tax owed.' If the individual owes any tax, the
10individual shall remit in full the tax due and the amount designated on the return
11for elementary and secondary education materials funding when the individual files
12a tax return.
SB140,6,1713 3. `Designation deducted from refund.' Except as provided in par. (d), if the
14individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80
15(3) and (3m), the department shall deduct the amount designated on the return for
16elementary and secondary education materials funding from the amount of the
17refund.
SB140,6,2118 (c) Errors; failure to remit correct amount. If an individual who owes taxes fails
19to remit an amount equal to or in excess of the total of the actual tax due, after error
20corrections, and the amount designated on the return for elementary and secondary
21education materials funding:
SB140,7,222 1. The department shall reduce the designation for elementary and secondary
23education materials funding to reflect the amount remitted in excess of the actual
24tax due, after error corrections, if the individual remitted an amount in excess of the
25actual tax due, after error corrections, but less than the total of the actual tax due,

1after error corrections, and the amount originally designated on the return for
2elementary and secondary education materials funding.
SB140,7,53 2. The designation for elementary and secondary education materials funding
4is void if the individual remitted an amount equal to or less than the actual tax due,
5after error corrections.
SB140,7,126 (d) Errors; insufficient refund. If an individual is owed a refund that does not
7equal or exceed the amount designated on the return for elementary and secondary
8education materials funding, after crediting under ss. 71.75 (9) and 71.80 (3) and
9(3m) and after error corrections, the department shall reduce the designation for
10elementary and secondary education materials funding to reflect the actual amount
11of the refund that the individual is otherwise owed, after crediting under ss. 71.75
12(9) and 71.80 (3) and (3m) and after error corrections.
SB140,7,1413 (e) Conditions. If an individual places any conditions on a designation for
14elementary and secondary education materials funding, the designation is void.
SB140,7,1815 (f) Void designation. If a designation for elementary and secondary education
16materials funding is void, the department shall disregard the designation and
17determine amounts due, owed, refunded, and received without regard to the void
18designation.
SB140,7,2019 (g) Tax return. The secretary of revenue shall provide a place for the
20designations under this subsection on the individual income tax return.
SB140,7,2321 (h) Certification of amounts. Annually, on or before September 15, the
22secretary of revenue shall certify to the department of administration and the state
23treasurer all of the following:
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