SB451-SSA2, s. 37 9Section 37. 20.435 (4) (u) of the statutes is repealed.
SB451-SSA2, s. 38 10Section 38. 20.435 (4) (v) of the statutes is repealed.
SB451-SSA2, s. 39 11Section 39. 25.17 (1) (gf) of the statutes is repealed.
SB451-SSA2, s. 40 12Section 40. 25.55 (intro.) of the statutes is repealed.
SB451-SSA2, s. 41 13Section 41. 25.55 (3) of the statutes is renumbered 149.11 (2) (a) 1. and
14amended to read:
SB451-SSA2,19,1615 149.11 (2) (a) 1. Insurer assessments under ch. 149 s. 149.13, paid to the
16authority under s. 20.145 (5) (g)
.
SB451-SSA2, s. 42 17Section 42. 25.55 (4) of the statutes is renumbered 149.11 (2) (a) 2. and
18amended to read:
SB451-SSA2,19,1919 149.11 (2) (a) 2. Premiums paid by eligible persons under ch. 149.
SB451-SSA2, s. 43 20Section 43. 70.11 (41m) of the statutes is created to read:
SB451-SSA2,19,2321 70.11 (41m) Health Insurance Risk-Sharing Plan Authority. All property
22owned by the Health Insurance Risk-Sharing Plan Authority, provided that use of
23the property is primarily related to the purposes of the authority.
SB451-SSA2, s. 44 24Section 44. 71.07 (5g) of the statutes is created to read:
SB451-SSA2,20,5
171.07 (5g) Health Insurance Risk-Sharing Plan assessments credit. (a)
2Definitions. In this subsection, "claimant" means a partner, limited liability
3company member, or tax-option corporation shareholder who files a claim under this
4subsection and who is a partner, member, or shareholder of an entity that is an
5insurer, as defined in s. 149.10 (5).
SB451-SSA2,20,106 (b) Filing claims. Subject to the limitations provided under this subsection, for
7taxable years beginning after December 31, 2005, a claimant may claim as a credit
8against the taxes imposed under s. 71.02 an amount that is equal to the amount of
9the assessment under s. 149.13 that the claimant paid in the claimant's taxable year,
10multiplied by the percentage determined under par. (c) 1.
SB451-SSA2,20,2011 (c) Limitations. 1. The department of revenue, in consultation with the office
12of the commissioner of insurance, shall determine the percentage under par. (b) for
13each claimant for each taxable year. The percentage shall be equal to $5,000,000
14divided by the aggregate assessment under s. 149.13. The office of the commissioner
15of insurance shall provide to each claimant that participates in the cost of
16administering the plan the aggregate assessment at the time that it notifies the
17claimant of the claimant's assessment. The aggregate amount of the credit under
18this subsection and ss. 71.28 (5g), 71.47 (5g), and 76.655 for all claimants
19participating in the cost of administering the plan under ch. 149 shall not exceed
20$5,000,000 in each fiscal year.
SB451-SSA2,21,321 2. Partnerships, limited liability companies, and tax-option corporations may
22not claim the credit under this subsection, but the eligibility for, and the amount of,
23the credit are based on their payment of amounts described under par. (b). A
24partnership, limited liability company, or tax-option corporation shall compute the
25amount of credit that each of its partners, members, or shareholders may claim and

1shall provide that information to each of them. Partners, members of limited liability
2companies, and shareholders of tax-option corporations may claim the credit in
3proportion to their ownership interests.
SB451-SSA2,21,84 3. The amount of any credits that a claimant is awarded under this subsection
5for taxable years beginning after December 31, 2005, and before January 1, 2008,
6may first be claimed against the tax imposed under this subchapter for taxable years
7beginning after December 31, 2007, and in the manner determined by the
8department of revenue.
SB451-SSA2,21,109 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
10s. 71.28 (4), applies to the credit under this subsection.
SB451-SSA2, s. 45 11Section 45. 71.10 (4) (cp) of the statutes is created to read:
SB451-SSA2,21,1312 71.10 (4) (cp) Health Insurance Risk-Sharing Plan assessments credit under
13s. 71.07 (5g).
SB451-SSA2, s. 46 14Section 46. 71.21 (4) of the statutes is amended to read:
SB451-SSA2,21,1715 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
16(2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t), and (5b), and (5g) and passed
17through to partners shall be added to the partnership's income.
SB451-SSA2, s. 47 18Section 47. 71.26 (1) (be) of the statutes is amended to read:
SB451-SSA2,21,2119 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
20Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
21Authority,
and of the Fox River Navigational System Authority.
SB451-SSA2, s. 48 22Section 48. 71.26 (2) (a) of the statutes is amended to read:
SB451-SSA2,22,1523 71.26 (2) (a) Corporations in general. The "net income" of a corporation means
24the gross income as computed under the Internal Revenue Code as modified under
25sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit

1computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c)
27., the amount of the credit under s. 71.28 (3) that the taxpayer added to income
3under this paragraph at the time that the taxpayer first claimed the credit plus the
4amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm),
5(1ds), (1dx), (3g), (3n), (3t), and (5b), and (5g) and not passed through by a
6partnership, limited liability company, or tax-option corporation that has added that
7amount to the partnership's, limited liability company's, or tax-option corporation's
8income under s. 71.21 (4) or 71.34 (1) (g) plus the amount of losses from the sale or
9other disposition of assets the gain from which would be wholly exempt income, as
10defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and
11minus deductions, as computed under the Internal Revenue Code as modified under
12sub. (3), plus or minus, as appropriate, an amount equal to the difference between
13the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned, or
14otherwise disposed of in a taxable transaction during the taxable year, except as
15provided in par. (b) and s. 71.45 (2) and (5).
SB451-SSA2, s. 49 16Section 49. 71.28 (5g) of the statutes is created to read:
SB451-SSA2,22,1917 71.28 (5g) Health Insurance Risk-Sharing Plan assessments credit. (a)
18Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10
19(5), who files a claim under this subsection.
SB451-SSA2,22,2420 (b) Filing claims. Subject to the limitations provided under this subsection, for
21taxable years beginning after December 31, 2005, a claimant may claim as a credit
22against the taxes imposed under s. 71.23 an amount that is equal to the amount of
23assessment under s. 149.13 that the claimant paid in the claimant's taxable year,
24multiplied by the percentage determined under par. (c) 1.
SB451-SSA2,23,10
1(c) Limitations. 1. The department of revenue, in consultation with the office
2of the commissioner of insurance, shall determine the percentage under par. (b) for
3each claimant for each taxable year. The percentage shall be equal to $5,000,000
4divided by the aggregate assessment under s. 149.13. The office of the commissioner
5of insurance shall provide to each claimant that participates in the cost of
6administering the plan the aggregate assessment at the time that it notifies the
7claimant of the claimant's assessment. The aggregate amount of the credit under
8this subsection and ss. 71.07 (5g), 71.47 (5g), and 76.655 for all claimants
9participating in the cost of administering the plan under ch. 149 shall not exceed
10$5,000,000 in each fiscal year.
SB451-SSA2,23,1811 2. Partnerships, limited liability companies, and tax-option corporations may
12not claim the credit under this subsection, but the eligibility for, and the amount of,
13the credit are based on their payment of amounts described under par. (b). A
14partnership, limited liability company, or tax-option corporation shall compute the
15amount of credit that each of its partners, members, or shareholders may claim and
16shall provide that information to each of them. Partners, members of limited liability
17companies, and shareholders of tax-option corporations may claim the credit in
18proportion to their ownership interests.
SB451-SSA2,23,2319 3. The amount of any credits that a claimant is awarded under this subsection
20for taxable years beginning after December 31, 2005, and before January 1, 2008,
21may first be claimed against the tax imposed under this subchapter for taxable years
22beginning after December 31, 2007, and in the manner determined by the
23department of revenue.
SB451-SSA2,23,2524 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under
25sub. (4), applies to the credit under this subsection.
SB451-SSA2, s. 50
1Section 50. 71.30 (3) (dm) of the statutes is created to read:
SB451-SSA2,24,32 71.30 (3) (dm) Health Insurance Risk-Sharing Plan assessments credit under
3s. 71.28 (5g).
SB451-SSA2, s. 51 4Section 51. 71.34 (1) (g) of the statutes is amended to read:
SB451-SSA2,24,75 71.34 (1) (g) An addition shall be made for credits computed by a tax-option
6corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g),
7(3n), (3t), and (5b), and (5g) and passed through to shareholders.
SB451-SSA2, s. 52 8Section 52. 71.45 (2) (a) 10. of the statutes is amended to read:
SB451-SSA2,24,149 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
10computed under s. 71.47 (1dd) to (1dx), (3n), and (5b), and (5g) and not passed
11through by a partnership, limited liability company, or tax-option corporation that
12has added that amount to the partnership's, limited liability company's, or
13tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of
14credit computed under s. 71.47 (1), (3), (3t), (4), and (5).
SB451-SSA2, s. 53 15Section 53. 71.47 (5g) of the statutes is created to read:
SB451-SSA2,24,1816 71.47 (5g) Health Insurance Risk-Sharing Plan assessments credit. (a)
17Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10
18(5), who files a claim under this subsection.
SB451-SSA2,24,2319 (b) Filing claims. Subject to the limitations provided under this subsection, for
20taxable years beginning after December 31, 2005, a claimant may claim as a credit
21against the taxes imposed under s. 71.43 an amount that is equal to the amount of
22assessment under s. 149.13 that the claimant paid in the claimant's taxable year,
23multiplied by the percentage determined under par. (c) 1.
SB451-SSA2,25,824 (c) Limitations. 1. The department of revenue, in consultation with the office
25of the commissioner of insurance, shall determine the percentage under par. (b) for

1each claimant for each taxable year. The percentage shall be equal to $5,000,000
2divided by the aggregate assessment under s. 149.13. The office of the commissioner
3of insurance shall provide to each claimant that participates in the cost of
4administering the plan the aggregate assessment at the time that it notifies the
5claimant of the claimant's assessment. The aggregate amount of the credit under
6this subsection and ss. 71.07 (5g), 71.28 (5g), and 76.655 for all claimants
7participating in the cost of administering the plan under ch. 149 shall not exceed
8$5,000,000 in each fiscal year.
SB451-SSA2,25,169 2. Partnerships, limited liability companies, and tax-option corporations may
10not claim the credit under this subsection, but the eligibility for, and the amount of,
11the credit are based on their payment of amounts described under par. (b). A
12partnership, limited liability company, or tax-option corporation shall compute the
13amount of credit that each of its partners, members, or shareholders may claim and
14shall provide that information to each of them. Partners, members of limited liability
15companies, and shareholders of tax-option corporations may claim the credit in
16proportion to their ownership interests.
SB451-SSA2,25,2117 3. The amount of any credits that a claimant is awarded under this subsection
18for taxable years beginning after December 31, 2005, and before January 1, 2008,
19may first be claimed against the tax imposed under this subchapter for taxable years
20beginning after December 31, 2007, and in the manner determined by the
21department of revenue.
SB451-SSA2,25,2322 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
23s. 71.28 (4), applies to the credit under this subsection.
SB451-SSA2, s. 54 24Section 54. 71.49 (1) (dm) of the statutes is created to read:
SB451-SSA2,26,2
171.49 (1) (dm) Health Insurance Risk-Sharing Plan assessments credit under
2s. 71.47 (5g).
SB451-SSA2, s. 55 3Section 55. 76.655 of the statutes is created to read:
SB451-SSA2,26,6 476.655 Health Insurance Risk-Sharing Plan assessments credit. (1)
5Definitions. In this section, "claimant" means an insurer, as defined in s. 149.10 (5),
6who files a claim under this section.
SB451-SSA2,26,11 7(2) Filing claims. Subject to the limitations provided under this section, for
8taxable years beginning after December 31, 2005, a claimant may claim as a credit
9against the fees imposed under ss. 76.60, 76.63, 76.65, 76.66 or 76.67 an amount that
10is equal to the amount of assessment under s. 149.13 that the claimant paid in the
11claimant's taxable year, multiplied by the percentage determined under sub. (3).
SB451-SSA2,26,21 12(3) Limitations. (a) The department of revenue, in consultation with the office
13of the commissioner of insurance, shall determine the percentage under sub. (2) for
14each claimant for each taxable year. The percentage shall be equal to $5,000,000
15divided by the aggregate assessment under s. 149.13. The office of the commissioner
16of insurance shall provide to each claimant that participates in the cost of
17administering the plan the aggregate assessment at the time that it notifies the
18claimant of the claimant's assessment. The aggregate amount of the credit under
19this subsection and ss. 71.07 (5g), 71.28 (5g), and 71.47 (5g) for all claimants
20participating in the cost of administering the plan under ch. 149 shall not exceed
21$5,000,000 in each fiscal year.
SB451-SSA2,27,222 (b) The amount of any credits that a claimant is awarded under this section for
23taxable years beginning after December 31, 2005, and before January 1, 2008, may
24first be claimed against the fees imposed under ss. 76.60, 76.63, 76.65, or 76.67 for

1taxable years beginning after December 31, 2007, and in the manner determined by
2the department of revenue.
SB451-SSA2,27,8 3(4) Carry-forward. If the credit under sub. (2) is not entirely offset against the
4fees imposed under ss. 76.60, 76.63, 76.65, 76.66, or 76.67 that are otherwise due, the
5unused balance may be carried forward and credited against those fees in the
6following 15 years to the extent that it is not offset by those fees otherwise due in all
7the years between the year in which the assessment was paid and the year in which
8the carry-forward credit is claimed.
SB451-SSA2, s. 56 9Section 56. 76.67 (2) of the statutes is amended to read:
SB451-SSA2,27,1910 76.67 (2) If any domestic insurer is licensed to transact insurance business in
11another state, this state may not require similar insurers domiciled in that other
12state to pay taxes greater in the aggregate than the aggregate amount of taxes that
13a domestic insurer is required to pay to that other state for the same year less the
14credit credits under s. ss. 76.635 and 76.655, except that the amount imposed shall
15not be less than the total of the amounts due under ss. 76.65 (2) and 601.93 and, if
16the insurer is subject to s. 76.60, 0.375% of its gross premiums, as calculated under
17s. 76.62, less offsets allowed under s. 646.51 (7) or under s. ss. 76.635 and 76.655
18against that total, and except that the amount imposed shall not be less than the
19amount due under s. 601.93.
SB451-SSA2, s. 57 20Section 57. 77.54 (9a) (a) of the statutes is amended to read:
SB451-SSA2,27,2321 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
22Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority,
23and the Fox River Navigational System Authority.
SB451-SSA2, s. 58 24Section 58. 77.92 (4) of the statutes is amended to read:
SB451-SSA2,28,15
177.92 (4) "Net business income," with respect to a partnership, means taxable
2income as calculated under section 703 of the Internal Revenue Code; plus the items
3of income and gain under section 702 of the Internal Revenue Code, including taxable
4state and municipal bond interest and excluding nontaxable interest income or
5dividend income from federal government obligations; minus the items of loss and
6deduction under section 702 of the Internal Revenue Code, except items that are not
7deductible under s. 71.21; plus guaranteed payments to partners under section 707
8(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
9(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), and (5b), and (5g); and
10plus or minus, as appropriate, transitional adjustments, depreciation differences,
11and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding
12income, gain, loss, and deductions from farming. "Net business income," with respect
13to a natural person, estate, or trust, means profit from a trade or business for federal
14income tax purposes and includes net income derived as an employee as defined in
15section 3121 (d) (3) of the Internal Revenue Code.
SB451-SSA2, s. 59 16Section 59. 101.055 (2) (a) of the statutes is amended to read:
SB451-SSA2,28,2117 101.055 (2) (a) "Agency" means an office, department, independent agency,
18authority, institution, association, society, or other body in state government created
19or authorized to be created by the constitution or any law, and includes the
20legislature and the courts, but excludes the Health Insurance Risk-Sharing Plan
21Authority
.
SB451-SSA2, s. 60 22Section 60. 101.177 (1) (d) of the statutes is amended to read:
SB451-SSA2,29,623 101.177 (1) (d) "State agency" means any office, department, agency,
24institution of higher education, association, society, or other body in state
25government created or authorized to be created by the constitution or any law which

1, that is entitled to expend moneys appropriated by law, including the legislature and
2the courts, the Wisconsin Housing and Economic Development Authority, the
3Bradley Center Sports and Entertainment Corporation, the University of Wisconsin
4Hospitals and Clinics Authority, and the Wisconsin Health and Educational
5Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan
6Authority
.
SB451-SSA2, s. 61 7Section 61. Chapter 149 (title) of the statutes is amended to read:
SB451-SSA2,29,108 CHAPTER 149
9Mandatory health insurance
10 risk-sharing plan Plans
SB451-SSA2, s. 62 11Section 62. Subchapter I (title) of chapter 149 [precedes 149.10] of the statutes
12is created to read:
SB451-SSA2,29,1313 CHAPTER 149
SB451-SSA2,29,1514 subchapter I
15 General provisions
SB451-SSA2, s. 63 16Section 63. 149.10 (intro.) of the statutes is amended to read:
SB451-SSA2,29,18 17149.10 Definitions. (intro.) In this chapter, unless the context requires
18otherwise
:
SB451-SSA2, s. 64 19Section 64. 149.10 (1) of the statutes is created to read:
SB451-SSA2,29,2120 149.10 (1) "Authority" means the Health Insurance Risk-Sharing Plan
21Authority.
SB451-SSA2, s. 65 22Section 65. 149.10 (2) of the statutes is amended to read:
SB451-SSA2,29,2423 149.10 (2) "Board" means the board of governors established under s. 149.15
24directors of the authority.
SB451-SSA2, s. 66 25Section 66. 149.10 (2j) (a) 3. of the statutes is amended to read:
SB451-SSA2,30,2
1149.10 (2j) (a) 3. Part A or, part B, or part D of title XVIII of the federal Social
2Security Act.
SB451-SSA2, s. 67 3Section 67. 149.10 (2m) of the statutes is repealed.
SB451-SSA2, s. 68 4Section 68. 149.10 (2t) (c) of the statutes is amended to read:
SB451-SSA2,30,85 149.10 (2t) (c) The individual does not have creditable coverage and is not
6eligible for coverage under a group health plan, part A or , part B, or part D of title
7XVIII of the federal Social Security Act or a state plan under title XIX of the federal
8Social Security Act or any successor program.
SB451-SSA2, s. 69 9Section 69. 149.10 (3) of the statutes is amended to read:
SB451-SSA2,30,1210 149.10 (3) "Eligible person" means a resident of this state who qualifies under
11s. 149.12 whether or not the person is legally responsible for the payment of medical
12expenses incurred on the person's behalf.
SB451-SSA2, s. 70 13Section 70. 149.10 (3e) of the statutes is amended to read:
SB451-SSA2,30,1514 149.10 (3e) "Fund" means the health insurance risk-sharing plan Health
15Insurance Risk-Sharing Plan
fund under s. 149.11 (2).
SB451-SSA2, s. 71 16Section 71. 149.10 (7) of the statutes is amended to read:
SB451-SSA2,30,1817 149.10 (7) "Medicare" means coverage under both part A and, part B, and part
18D
of Title XVIII of the federal social security act, 42 USC 1395 et seq., as amended.
SB451-SSA2, s. 72 19Section 72. 149.10 (8) of the statutes is amended to read:
SB451-SSA2,30,2120 149.10 (8) "Plan" means the health care insurance plan established and
21administered under subchapter II of this chapter.
SB451-SSA2, s. 73 22Section 73. 149.10 (9) of the statutes is amended to read:
SB451-SSA2,31,823 149.10 (9) "Resident" means a person who has been legally domiciled in this
24state for a period of at least 30 days 3 months or, with respect to an eligible individual,
25an individual who resides in this state. For purposes of this chapter, legal domicile

1is established by living in this state and obtaining a Wisconsin motor vehicle
2operator's license, registering to vote in Wisconsin, or filing a Wisconsin income tax
3return. A child is legally domiciled in this state if the child lives in this state and if
4at least one of the child's parents or the child's guardian is legally domiciled in this
5state. A person with a developmental disability or another disability which that
6prevents the person from obtaining a Wisconsin motor vehicle operator's license,
7registering to vote in Wisconsin, or filing a Wisconsin income tax return, is legally
8domiciled in this state by living in this state.
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