Under current law, the county pays for services for a developmentally disabled individual if those services are not paid for by the federal government. The county also pays for certain mental health services that are not paid for by the federal government. If the individual receiving services is eligible for medical assistance, DHS will pay for the services not paid for by the federal government. This bill requires that, for individuals receiving the family care benefit, the care management organization pay for services provided to developmentally disabled individuals, including mental health services covered by family care.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.281 (1n) (e) of the statutes is amended to read:
46.281 (1n) (e) Contract with a person to provide the advocacy services described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family care benefit who are under age 60 or to their families or guardians. The department may not contract under this paragraph with a county or with a person who has a contract with the department to provide services under s. 46.283 (3) and (4) as a resource center or to administer the family care benefit as a care management organization. The contract under this paragraph shall include as a goal that the provider of advocacy services provide one advocate for every 2,500 3,500 individuals under age 60 who receive the family care benefit. The department shall allocate $190,000 for the contract under this paragraph in fiscal year 2007-08 and $525,000 in each subsequent fiscal year.
SECTION 2. 46.286 (1) (a) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 46.286 (1) (a) (intro.) and amended to read:
46.286 (1) (a) Functional eligibility. (intro.) A person is functionally eligible if any of the following applies the person's level of care need, as determined by the department or its designee: 1. (intro.) The person's level of care need, is either of the following:
SECTION 3. 46.286 (1) (a) 1. a. of the statutes is renumbered 46.286 (1) (a) 1m.
SECTION 4. 46.286 (1) (a) 1. b. of the statutes is renumbered 46.286 (1) (a) 2m.
SECTION 5. 46.286 (1) (a) 2. (intro.) of the statutes is repealed.
SECTION 6. 46.286 (1) (a) 2. a. of the statutes is renumbered 46.286 (3) (b) 2. a.
SECTION 7. 46.286 (1) (a) 2. b. of the statutes is renumbered 46.286 (3) (b) 2. b.
SECTION 8. 46.286 (1) (a) 2. c. of the statutes is renumbered 46.286 (3) (b) 2. c.
SECTION 9. 46.286 (1) (a) 2. d. of the statutes is renumbered 46.286 (3) (b) 2. d.
SECTION 10. 46.286 (1) (a) 2. e. of the statutes is renumbered 46.286 (3) (b) 2. e.
SECTION 11. 46.286 (3) (b) 2. of the statutes is renumbered 46.286 (3) (b) 2. (intro.) and amended to read:
46.286 (3) (b) 2. (intro.) If the contract between the care management organization and the department is canceled or not renewed. If this circumstance occurs, the department shall assure that enrollees continue to receive needed services through another care management organization or through the medical assistance fee-for-service system or any of the following programs specified under sub. (1) (a) 2. a. to d.:
SECTION 12. 46.286 (3) (c) of the statutes is amended to read:
46.286 (3) (c) Within each county and for each client group, par. (a) shall first apply on the effective date of a contract under which a care management organization accepts a per person per month payment to provide services under the family care benefit to eligible persons in that client group in the county. Within 24 36 months after this date, the department shall assure that sufficient capacity exists within one or more care management organizations to provide the family care benefit to all entitled persons in that client group in the county.
SECTION 13. 46.288 (2) (intro.) of the statutes is amended to read:
46.288 (2) (intro.) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. 1m. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:
SECTION 14. 46.288 (2) (a) of the statutes is repealed.
SECTION 15. 46.288 (2) (b) of the statutes is repealed.
SECTION 16. 46.288 (2) (c) of the statutes is repealed.
SECTION 17. 49.45 (30m) (am) of the statutes is renumbered 49.45 (30m) (am) 1.
SECTION 18. 49.45 (30m) (am) 2. of the statutes is created to read:
49.45 (30m) (am) 2. For individuals receiving the family care benefit under s. 46.286, the care management organization that manages the family care benefit for the recipient shall pay the portion of the payment that is not covered by the federal government for services that are described under par. (a) 1. and are covered services under the family care benefit; the department shall pay the remainder of the portion of the payment that is not covered by the federal government.
SECTION 19. 51.437 (4rm) (d) of the statutes is created to read:
51.437 (4rm) (d) Notwithstanding pars. (a) to (c), for individuals receiving the family care benefit under s. 46.286, the care management organization that manages the family care benefit for the recipient shall pay the portion of the payment that is for services that are covered under the family care benefit; the department shall pay the remainder of the payment.
SECTION 9322. Initial applicability; Health Services.
(1) FAMILY CARE ENTITLEMENT. The treatment of section 46.286 (3) (c) of the statutes first applies to care management organizations that implement the family care benefit on January 1, 2008.
(End)
LRB-0378LRB-0378/P2
JK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0107 - Imposing the sales and use tax on towing and hauling motor vehicles
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Current law provides that the sales and use tax is imposed on the towing of tangible personal property, unless at the time of towing the sale of tangible personal property in this state would be exempt from the sales and use tax, not including the exempt sale of a motor vehicle to a nonresident and other certain nontaxable sales. This bill specifies that the sales and use tax is imposed on the towing and hauling of motor vehicles by a tow truck, unless at the time of towing or hauling a sale of the motor vehicle in this state would be exempt from the sales and use tax, not including the exempt sale of a motor vehicle to a nonresident and other certain nontaxable sales.
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. 77.52 (2) (a) 8m. of the statutes is created to read:
77.52 (2) (a) 8m. The towing and hauling of motor vehicles by a tow truck, as defined in s. 340.01 (67n), unless at the time of towing or hauling a sale in this state of the motor vehicle to the purchaser would be exempt from the taxes imposed under this subchapter, not including the exempt sale of a motor vehicle to a nonresident under s. 77.54 (5) (a) and nontaxable sales described under s. 77.51 (14r).
(End)
LRB-0379LRB-0379/P2
JK:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Hynek, BB0108 - Supervising local property tax assessments
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Property taxation
Under current law, DOR monitors the property tax assessments in all taxation districts. Under current law, a major class of property is property with an assessed value representing more than five percent of the full value of all property in the taxation district in which the major class of property is located. If DOR determines that a major class of property in a taxation district has not been assessed at a value that is within 10 percent of the full value of such property at least once during the most recent five years, DOR notifies the taxation district that the assessment staff in that district must participate in an assessment education program. Under current law, if DOR determines that a major class of property in the taxation district has not been assessed at a value that is within 10 percent of the full value of such property in the year that the taxation district's assessment staff participated in an assessment education program and in the following year, DOR must supervise the taxation district's next property tax assessment.
Under the bill, a major class of property is property with an assessed value representing more than 10 percent of the full value of all property in the taxation district in which the major class of property is located. Under the bill, if DOR determines that a major class of property in a taxation district has not been assessed at a value that is within 10 percent of the full value of such property at least once during the most recent five years, DOR notifies the taxation district that DOR may supervise a subsequent taxation district assessment. If DOR determines that a major class of property in the taxation district has not been assessed at a value that is within 10 percent of the full value of such property in the year after the taxation district receives such notice, DOR must supervise the taxation district's next property tax assessment. Under the bill, the assessment staff of the taxation district does not participate in an assessment education program prior to DOR's supervision of the taxation district assessment.
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. 20.566 (2) (a) of the statutes is amended to read:
20.566 (2) (a) General program operations. The amounts in the schedule for administration of property tax laws, and public utility tax laws and, distribution of state taxes, and administration of general program operations under s. 73.10 and administration of the assessor educational program under s. 73.08.
SECTION 2. 70.05 (5) (a) 3. of the statutes is amended to read:
70.05 (5) (a) 3. "Major class of property" means any class of property that includes more than 5% 10 percent of the full value of the taxation district.
SECTION 3. 70.05 (5) (d) of the statutes is amended to read:
70.05 (5) (d) If the department of revenue determines that the assessed value of each major class of property of a taxation district, including 1st class cities, has not been established within 10% of the full value of the same major class of property during the same year at least once during the 4-year period consisting of the current year and the 3 preceding years, the department shall notify the clerk of the taxation district of its intention to proceed under par. (f) (em) if the taxation district's assessed value of each major class of property for the subsequent year is not within 10% of the full value of the same major class of property. The department's notice shall be in writing and mailed to the clerk of the taxation district on or before November 1 of the year of the determination.
SECTION 4. 70.05 (5) (em) of the statutes is created to read:
70.05 (5) (em) If, in the year after the year in which the taxation district clerk receives notice from the department of revenue under par. (d), the department determines that the assessed value of each major class of property of a taxation district, including 1st class cities, is not within 10 percent of the full value of the same major class of property, the department shall order special supervision under s. 70.75 (3) for that taxation district for the succeeding year's assessment. The order shall be in writing and the department shall mail it to the taxation district clerk on or before November 1 of the year of the determination.
SECTION 5. 70.05 (5) (f) of the statutes is repealed.
SECTION 6. 70.05 (5) (g) of the statutes is repealed.
SECTION 7. 73.08 of the statutes is repealed.
SECTION 9343. Initial applicability; Revenue.
(1) SUPERVISING PROPERTY TAX ASSESSMENTS. The treatment of sections 20.566 (2) (a), 70.05 (5) (a) 3., (d), (em), (f), and (g), and 73.08 of the statutes first applies to the property tax assessments as of January 1, 2010.
(End)
LRB-0381LRB-0381/P3
JK:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0094 - Electronic filing of tax-related documents
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Under current law, if the federal Internal Revenue Service requires taxpayers to electronically file information returns or wage statements for federal income tax purposes, the taxpayer must electronically file, with DOR, information or wage statements for state income or franchise tax purposes. Under current law, a person who fails to file an information return by its due date, or who files an incorrect or incomplete return, is subject to a $10 penalty for each violation.
Under this bill, if a person is required by DOR to file with DOR 50 or more of any one type of information return or 50 or more wage statements, the returns or statements must be filed electronically. A person who fails to electronically file an information return or wage statement is subject to a $10 penalty for each violation, except that a tax preparer who fails to electronically file an individual income tax return that the tax preparer prepared is subject to a $50 penalty for each violation.
The bill also provides that a person who is required to file a return related to collecting the state rental vehicle fee or dry cleaning fee must file the return in the manner prescribed 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. 71.80 (20) of the statutes is repealed and recreated to read:
71.80 (20) ELECTRONIC FILING. If a person is required to file 50 or more wage statements or 50 or more of any one type of information return with the department, the person shall file the statements or the returns electronically, by means prescribed by the department.
SECTION 2. 71.83 (1) (a) 1m. of the statutes is amended to read:
71.83 (1) (a) 1m. 'Failure to file information return.' If a person fails to file a return required under subch. XI by the prescribed due date, including any extension, or files an incorrect or incomplete return, or fails to electronically file a statement or return as provided under s. 71.80 (20), that person may be subject to a penalty of $10 for each violation. A penalty shall be waived if the person shows that a violation is due to reasonable cause and not due to willful neglect.
SECTION 3. 71.83 (1) (a) 9. of the statutes is created to read:
