AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Under current law, DOR prepares and maintains a list of persons who owe more than $5,000 in delinquent state taxes and posts the names of all such persons on an Internet site created and maintained by DOR.
Under current law, for sales and use tax purposes, a person in this state who sells tangible personal property or services must have a valid seller's permit from DOR. This bill requires DOR to post a list of every person who has had a seller's permit revoked on an Internet site created and maintained by DOR.
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:
SECTION 1. 73.03 (64) of the statutes is created to read:

73.03 (64) To post on the Internet a list of every person who has had a seller's permit revoked under s. 77.52 (11). The Internet site shall list the real name, business name, address, revocation date, type of tax due, and amount due, including interests, penalties, fees, and costs, for each person who has had a seller's permit revoked under s. 77.52 (11). The department shall update the Internet site periodically to add revoked permits and to remove permits that are no longer revoked or for which the permit holder has made sufficient arrangements with the department so that the permit holder may be issued a monthly seller's permit. The department shall update the Internet site quarterly to remove revoked permits for entities that have been out of business for at least one year.

SECTION 9443. Effective dates; Revenue.

(1) REVOKED SELLER'S PERMIT. The treatment of section 73.03 (64) of the statutes takes effect on the first day of the 2nd calendar quarter beginning after publication.
(End)
LRB-0361LRB-0361/P1
JK:jld:rs
2009 - 2010 LEGISLATURE

DOA:......Lillethun, BB0098 - Ethanol and biodiesel fuel credits computation order
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Under current law, a person may claim an income and franchise tax credit for an amount equal to 25 percent of the amount the person paid in the taxable year to install or retrofit pumps that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel. This bill modifies the credit so that corporations compute the credit, with other credits, in the same order as insurance companies.
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:
SECTION 1. 71.30 (3) (ed) of the statutes is renumbered 71.30 (3) (ds).

SECTION 9343. Initial applicability; Revenue.

(1) FUEL PUMP TAX CREDITS. The treatment of section 71.30 (3) (ed) of the statutes first applies to taxable years beginning after December 31, 2007.

SECTION 9443. Effective dates; Revenue.

(1) FUEL PUMPS TAX CREDITS. The treatment of section 71.30 (3) (ed) of the statutes takes effect retroactively on January 1, 2008.
(End)
LRB-0364LRB-0364/3
MGG:nwn&wlj:rs
2009 - 2010 LEGISLATURE

DOA:......Wavrunek, BB0073 - Local forestry grants
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Other natural resources
Under current law, moneys are available to DNR from an annual appropriation for grants for various local forestry projects. DNR awards urban forestry grants to counties, cities, villages, towns, and nonprofit organizations for up to 50 percent of the cost of certain urban forestry projects, such as tree inventories and disease evaluation and for up to 50 percent of the costs of employing and providing support to county foresters. DNR also awards grants to counties for sustainable forestry costs. This bill changes the annual appropriation so that any amounts remaining in the appropriation at the end of a given fiscal year do not lapse and are carried over to the next fiscal year.
For further information see the state and local 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:
SECTION 1. 20.370 (5) (bw) of the statutes is amended to read:

20.370 (5) (bw) Resource aids -- urban forestry, county sustainable forestry, and county forest administration grants. The As a continuing appropriation, the amounts in the schedule for urban forestry grants under s. 23.097, county sustainable forestry grants under s. 28.11 (5r), and county forest administration grants under s. 28.11 (5m).

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0366LRB-0366/P1
PJK:jld:rs
2009 - 2010 LEGISLATURE

DOA:......Weidner, BB0085 - Landlord/tenant funds
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Commerce
Under current law, if a tenant leaves behind personal property after moving out of the rental premises, the landlord may store the property without a lien and return it to the tenant or store the property with a lien for the cost of storage and give the tenant notice of the storage within ten days after the charges begin. Another option for the landlord is to give the tenant notice that after 30 days the landlord intends to dispose of the property by sale or other appropriate means. If the landlord disposes of the property by sale, the landlord may deduct the costs of sale from the proceeds, the tenant has 60 days after the date of the sale to claim the remaining proceeds, and any proceeds not claimed by the tenant must be sent to DOA to be used by the Department of Commerce (Commerce) to provide grants to agencies and shelter facilities for the homeless. This bill provides that the landlord must send any remaining proceeds not claimed by the tenant directly to Commerce to provide the grants to agencies and shelter facilities for the homeless.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 704.05 (5) (a) 2. of the statutes is amended to read:

704.05 (5) (a) 2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's last-known address, of the landlord's intent to dispose of the personal property by sale or other appropriate means if the property is not repossessed by the tenant. If the tenant fails to repossess the property within 30 days after the date of personal service or the date of the mailing of the notice, the landlord may dispose of the property by private or public sale or any other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if the landlord has first stored the personalty under subd. 1. If the proceeds minus the costs of sale and minus any storage charges are not claimed within 60 days after the date of the sale of the personalty, the landlord is not accountable to the tenant for any of the proceeds of the sale or the value of the property. The landlord shall send the proceeds of the sale minus the costs of the sale and minus any storage charges to the department of administration commerce for deposit in the appropriation under s. 20.143 (2) (h).
(End)
LRB-0367LRB-0367/2
PJK:nwn&wlj:ph
2009 - 2010 LEGISLATURE

DOA:......Willing, BB0087 - BadgerCare Plus technical changes
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
BadgerCare Plus (BC+) is a Medical Assistance (MA) program, administered by DHS, that provides health care benefits under two different plans, depending on the basis for a recipient's eligibility, to recipients who satisfy financial and nonfinancial eligibility criteria. The first plan provides the same benefits that are provided under regular MA. Individuals eligible for BC+ benefits under that plan (regular MA plan) include: a pregnant woman whose family income does not exceed 200 percent of the poverty level (poverty); a child under one year of age whose mother, on the day on which the child was born, was eligible for and receiving benefits under MA or BC+ under the regular MA plan; any child whose family income does not exceed 200 percent of poverty; an individual whose family income does not exceed 200 percent of poverty, including any self-employment income without deducting depreciation, and who is the parent or caretaker relative of a child who is, generally, living in the home of the parent or caretaker relative; certain migrant workers and their dependents; and an individual between 18 and 21 years of age who was in foster care on his or her eighteenth birthday.
The second plan, called the Benchmark Plan, provides specified benefits, including, but not limited to, coverage for prescription drugs; physicians' services; inpatient and outpatient hospital services; home health services; physical, occupational, and speech therapy; treatment for nervous and mental disorders and alcoholism and other drug abuse problems; durable medical equipment; and transportation to obtain emergency medical care. Individuals eligible for BC+ benefits under the Benchmark Plan include: a pregnant woman whose family income exceeds 200 percent, but does not exceed 300 percent, of poverty; a child under one year of age whose mother, on the day on which the child was born, was eligible for and receiving BC+ benefits under the Benchmark Plan; any child whose family income exceeds 200 percent, but does not exceed 300 percent, of poverty; and an individual whose family income does not exceed 200 percent of poverty, including self-employment income after deducting depreciation, and who is the parent or caretaker relative of a child who is, generally, living in the home of the parent or caretaker relative. In addition, any child whose family income exceeds 300 percent of poverty may purchase coverage under the Benchmark Plan at the full per member per month cost of the coverage.
This bill makes a number of changes to BC+, including the following:
1. Specifies that DHS will provide prenatal care services under the regular MA plan for a pregnant woman with presumptive eligibility (has not applied for benefits but satisfies the eligibility criteria) whose income is not greater than 200 percent of poverty and will provide prenatal care services under the Benchmark Plan for a pregnant woman with presumptive eligibility whose income is greater than 200 percent but not greater than 300 percent of poverty.
2. Specifies that any pregnant woman is eligible for benefits for any of the three months before applying for benefits if she met the eligibility criteria during that month. Under current law, only a pregnant woman whose family income is less than 150 percent of poverty is eligible for benefits for any of the three months before she applied for benefits.
3. Specifies that only a pregnant woman with family income greater than 300 percent of poverty may obtain eligibility for BC+ benefits if medical expenses reduce her family income to the applicable limit for eligibility. Current law provides that any pregnant woman or unborn child may obtain eligibility if medical expenses reduce income to the applicable limit for eligibility.
4. Provides that for determining financial eligibility, a person's income will be reduced by the amount of a court-ordered child or family support or maintenance obligation, up to the amount of the person's income. Current law reduces income by the amount the person actually pays in court-ordered child or family support or maintenance.
5. Provides that a person who loses eligibility for six months for failure to pay a premium retains eligibility in any month during that six-month period when his or her family income is not more than 150 percent of poverty.
6. Extends eligibility for MA coverage for 12, rather than 18, months for a person over 18 years of age who was receiving MA when BC+ was implemented, who lost eligibility for MA solely because of the implementation of BC+, and who does not meet the income eligibility criteria of BC+.
7. Clarifies that a parent or caretaker relative of a child may be eligible for BC+ if the child is absent from the home but the parent or caretaker relative is complying with a permanency plan prepared under the juvenile justice code provisions of the statutes, as well as under the children's code provisions of the statutes.
8. Provides that certain persons who are eligible for an extension of MA benefits when their household incomes increase above poverty are eligible for BC+ benefits under the regular MA plan, are not required to pay a premium for the extension of benefits, and do not lose eligibility due to having access to employer-sponsored health insurance.
9. Clarifies that a child whose family income exceeds 150 percent of poverty and who is ineligible solely for reasons related to having certain types of access to certain types of health insurance coverage may obtain eligibility if the difference between his or her family income and 150 percent of poverty is obligated or expended for medical care or health insurance premiums.
10. Provides that, if approval of the state plan amendments does not allow for federal funding for benefits for any part or all of one or more of the eligibility groups, DHS may in its discretion pay for benefits for any part of any group for which federal funding is denied with moneys from a specified general purpose revenue appropriation.
11. Eliminates a requirement for DHS to submit an annual report on the enrollment in and cost of the Badger Care health care program, since BC+ supplants that program.
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:
SECTION 1. 46.286 (1) (b) (intro.) (except 46.286 (1) (b) (title)) of the statutes is renumbered 46.286 (1) (b) 2m. (intro.).

SECTION 2. 46.286 (1) (b) 1c. of the statutes is created to read:

46.286 (1) (b) 1c. In this paragraph, "medical assistance" does not include coverage of the benefits under s. 49.471 (11).

SECTION 3. 46.286 (1) (b) 1m. of the statutes is renumbered 46.286 (1) (b) 2m. a.

SECTION 4. 46.286 (1) (b) 3. of the statutes is renumbered 46.286 (1) (b) 2m. b.

SECTION 5. 46.286 (3) (a) 4m. of the statutes is amended to read:

46.286 (3) (a) 4m. The person is financially eligible under sub. (1) (b) 1m. 2m. a., and fulfills any applicable cost-sharing requirements.

SECTION 6. 49.45 (18) (am) of the statutes is renumbered 49.45 (18) (am) 1. and amended to read:

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