Amendment OC3 ASA1-SB1

October 2013 Special Session

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2013 SENATE BILL 1

October 17, 2013 - Offered by Representatives Smith, Genrich, Sargent, Ringhand, Hintz, Hebl, Wright, Kolste, Pasch, Hesselbein, Barca, Bernard Schaber, Hulsey, Kahl, Young, Shankland, Zamarripa, Sinicki, C. Taylor, Johnson, Ohnstad and Jorgensen.

SB1-ASA1,1,7 An Act to amend 49.45 (23) (a), 49.471 (4) (a) 4. b., 71.54 (1) (g) (intro.), 71.54 (2) (b) 4. and 79.15; to repeal and recreate 49.45 (23) (a); and to create 49.471 (1) (cr), 49.471 (4g) and 71.54 (2s) of the statutes; relating to: restoring indexing provisions to the homestead tax credit, transferring moneys from the general fund to the budget stabilization fund, increasing the first dollar property tax credit, expansion of eligibility for the Medical Assistance program, and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1-ASA1,1 Section 1 . 49.45 (23) (a) of the statutes, as affected by 2013 Wisconsin Act 20, section 1046, is amended to read:

SB1-ASA1,2,8 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d) and, except as provided in s. 49.471 (4g) and (4m), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq. If the department creates a policy under sub. (2m) (c) 10., this paragraph does not apply to the extent that it conflicts with the policy.

SB1-ASA1,2 Section 2. 49.45 (23) (a) of the statutes, as affected by 2011 Wisconsin Act 32, 2013 Wisconsin Act 20, section 1047, and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

SB1-ASA1,2,18 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 133 percent of the poverty line, except as provided in s. 49.471 (4g) and (4m), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

SB1-ASA1,3 Section 3. 49.471 (1) (cr) of the statutes is created to read:

SB1-ASA1,2,21 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

SB1-ASA1,4 Section 4. 49.471 (4) (a) 4. b. of the statutes, as affected by 2013 Wisconsin Act 20, section 1097, is amended to read:

SB1-ASA1,3,3 49.471 (4) (a) 4. b. Except as provided in sub. subs. (4g) and (4m), the individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

SB1-ASA1,5 Section 5. 49.471 (4g) of the statutes is created to read:

SB1-ASA1,3,12 49.471 (4g) Medicaid expansion federal medical assistance percentage. For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval required by the federal government to provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and qualify for the highest available enhanced federal medical assistance percentage.

SB1-ASA1,6 Section 6. 71.54 (1) (g) (intro.) of the statutes is amended to read:

SB1-ASA1,3,16 71.54 (1) (g) 2012 and thereafter. (intro.) The Subject to sub. (2s), the amount of any claim filed in 2012 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

SB1-ASA1,7 Section 7. 71.54 (2) (b) 4. of the statutes is amended to read:

SB1-ASA1,3,19 71.54 (2) (b) 4. In Subject to sub. (2s), in calendar years 2011 or any subsequent calendar year, $1,460.

SB1-ASA1,8 Section 8. 71.54 (2s) of the statutes is created to read:

SB1-ASA1,4,12 71.54 (2s) Indexing for inflation; 2013 and thereafter. (a) For calendar years beginning after December 31, 2012, the dollar amounts of the threshold income under sub. (1) (g) 1. and 2., the maximum household income under sub. (1) (g) 3. and the maximum property taxes under sub. (2) (b) 4. shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month average of the U.S. consumer price index for the month of August of the year before the previous year through the month of July of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month average of the U.S. consumer price index for August 2010 through July 2011, as determined by the federal department of labor, except that the adjustment may occur only if the percentage is a positive number. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.

SB1-ASA1,4,18 (b) The department of revenue shall annually adjust the slope under sub. (1) (g) 2. such that, as a claimant's income increases from the threshold income as calculated under par. (a), to an amount that exceeds the maximum household income as calculated under par. (a), the credit that may be claimed is reduced to $0 and the department of revenue shall incorporate the changes into the income tax forms and instructions.

SB1-ASA1,9 Section 9. 79.15 of the statutes is amended to read:

SB1-ASA1,4,24 79.15 Improvements credit. The total amount paid each year to municipalities from the appropriation account under s. 20.835 (3) (b) for the payments under s. 79.10 (5m) is $75,000,000 in 2009, $145,000,000 in 2010, and $150,000,000 in each year beginning in 2011 and ending in 2013, and $250,000,000 in 2014 and in each year thereafter.

SB1-ASA1,10 Section 10. Fiscal changes.

SB1-ASA1,5,4 (1) Transfer of moneys from the general fund to the budget stabilization fund. During the 2013-14 fiscal year, $40,000,000 is transferred from the general fund to the budget stabilization fund. During the 2014-15 fiscal year, $60,000,000 is transferred from the general fund to the budget stabilization fund.

SB1-ASA1,5,15 (2) Medical Assistance eligibility expansion. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2013, the dollar amount is decreased by $26,500,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to provide Medical Assistance benefits to certain adults with incomes up to 133 percent of the poverty line. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2013, the dollar amount is decreased by $92,500,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide Medical Assistance benefits to certain adults with incomes up to 133 percent of the poverty line.

SB1-ASA1,11 Section 11. Effective dates. This act takes effect on the day after publication, except as follows:

SB1-ASA1,5,19 (1) The treatment of sections 49.45 (23) (a) (by Section 1 ) and 49.471 (1) (cr), (4) (a) 4. b., and (4g) of the statutes takes effect on January 1, 2014.

SB1-ASA1,5,21 (2) The repeal and recreation of section 49.45 (23) (a) of the statutes takes effect on January 1, 2015.

SB1-ASA1,5,22 (End)