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Assembly Bill 40 and SB 11 Summary – in red are my comments
16.896 (1)
The department (Governor) may sell any state−owned heating, cooling, and power plant or may contract with a private entity for the operation of any such plant, with or without solicitation of bids, for any amount that the department determines to be in the best interest of the state.
(5) If the department sells or contracts for the operation of any state−owned
heating, cooling, and power plant under sub. (1), the secretary may identify any
full−time equivalent positions authorized for the state agency that has operating
authority for the plant, the duties of which primarily relate to the management or
operation of the plant, and may decrease the authorized full−time equivalent positions for that state agency by the number of positions so identified effective on the date that the state agency no longer has operating authority for the plant.
SECTION 112. 49.45 (2m)
the department may promulgate rules that do any of the following related to Medical Assistance programs:
1. Require cost sharing from program benefit recipients up to the maximum allowed by federal law or a waiver of federal law.
2. Authorize providers to deny care or services if a program benefit recipient
is unable to share costs, to the extent allowed by federal law or waiver.
3. Modify existing benefits or establish various benefit packages and offer
different packages to different groups of recipients.
4. Revise provider reimbursement models for particular services.
5. Mandate that program benefit recipients enroll in managed care.
6. Restrict or eliminate presumptive eligibility.
7. To the extent permitted by federal law, impose restrictions on providing
benefits to individuals who are not citizens of the United States.
8. Set standards for establishing and verifying eligibility requirements.
9. Develop standards and methodologies to assure accurate eligibility
determinations and redetermine continuing eligibility.
10. Reduce income levels for purposes of determining eligibility to the extent
allowed by federal law or waiver and subject to the limitations under par. (e) 2.
(The Budget Repair Bill includes a sweeping shift of authority for setting Medicaid policy. If passed, this unprecedented seizure of legislative authority would put critical decisions affecting the lives of 1.1 million Wisconsinites in the hands of unelected bureaucrats, with minimal public and legislative involvement.)
SECTION 124. 49.45 (23) (b) of the statutes is amended to read:
49.45 (23) (b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost−sharing requirements.
SECTION 151. 66.0508 of the statutes is created to read:
66.0508 Collective bargaining. (1) In this section, “local governmental
unit” has the meaning given in s. 66.0506 (1). (1m) Except as provided under subch. IV of ch. 111, no local governmental unit may collectively bargain with its employees.
ASSEMBLY BILL 40
Current law prohibits DCF from increasing the maximum Wisconsin Shares
child care provider reimbursement rates in 2009, 2010, or before June 30, 2011.
The bill authorizes DCF to do any of the following to reduce costs under Wisconsin Shares: 1) implement a waiting list; 2) increase the copayments paid by individuals who receive a child care subsidy; 3) adjust the amount of reimbursement paid to child care providers; or 4) adjust the gross income levels for eligibility for child care subsidies.
To be eligible for Senior Care, a person must be a resident of the state, be at least 65 years of age, not be a recipient of prescription drug coverage through MA, have a household income that does not exceed 240 percent of the federal poverty line, and pay a program enrollment fee. This bill adds as a requirement for eligibility for Senior Care that the person must apply for and, if eligible, enroll in Medicare Part D, which is a federal prescription drug assistance program.
Under current law, in certain counties, a person who meets certain functional
and financial criteria and who is either a frail elder or an adult with a physical
disability or a developmental disability is eligible for community−based services
through Family Care, a medical assistance waiver program known as Family Care
Partnership, the Program of All−Inclusive Care for the Elderly (PACE), or a
self−directed supports options program (known as IRIS). In a county where Family
Care, Family Care Partnership, PACE, or IRIS is available, this bill caps enrollment
in an available program at the number of participants in that program on a specific
date for the 2011−13 biennium. This bill also prohibits the expansion of Family Care to counties in which the program is not available on July 1, 2011, during the 2011−13 biennium, unless DHS determines that the expansion is cost−effective.
The state life insurance fund (fund), administered by OCI, may issue any type
of life insurance policy, with a limit not exceeding $10,000, to any state resident. This
bill prohibits the fund from issuing any life insurance policies on or after the date on which this bill becomes a law except for policies issued on the basis of applications that were received before that date. (This program has existed for 100 years – elimate as a gift to private insurance companies. This insurance program is self funded and costs the state nothing)
Under current law, DOA makes grants from the utility public benefits fund
(UPBF) to provide assistance to low−income households for the following: 1)
weatherization and other energy conservation services (weatherization and
conservation assistance); and 2) payment of energy bills and early identification or
prevention of energy crises (bill and crisis assistance). In each fiscal year, DOA must
ensure that the amount spent under the program on grants for weatherization and
conservation assistance is equal to 47 percent of a specified sum. As a result, 53
percent of the specified sum is available to be spent on grants under the program for
bill and crisis assistance. (cuts money for heating assistance and weatherization) This bill allows DOA to make a $10,000,000 subtraction in fiscal years 2011−12 and 2012−13.
TAXATION
INCOME TAXATION
Under current law, for claims filed in 2011, based on property taxes or rent
constituting property taxes from the prior year, the homestead tax credit threshold
income is $8,060; the maximum amount of property taxes, or rent constituting
property taxes, that a claimant may use in calculating his or her credit is $1,460, and
the maximum household income is $24,680. Under the current law formula, as a
claimant’s income exceeds $8,060, the credit is phased out and equals zero when
income exceeds $24,680. Also under the formula, if the household income is $8,060
or less, the credit is 80 percent of the property taxes, or rent constituting property
taxes, accrued. For claims filed in 2011 and thereafter, the threshold income,
maximum property taxes, and maximum household income are all indexed for
inflation. Under this bill, the indexing provisions are repealed and, for claims filed in 2011 and thereafter, the threshold income, the maximum property taxes, and the maximum household income are the same as those for claims filed in 2011. (this will increase your income tax)
Under current law, for taxable years beginning after December 31, 2010, an
individual; an individual partner or member of a partnership, limited liability
company, or limited liability partnership; or an individual shareholder of a
tax−option corporation (claimant) may elect to defer the payment of income taxes on
up to $10,000,000 of the gain realized from the sale of any capital asset held more
than one year (original asset) that is treated as a long−term gain under the Internal
Revenue Code (IRC), if the claimant completes a number of requirements.
This bill creates another income tax deferral under which a claimant may elect to defer the payment of income taxes on any amount of the gain realized from the sale of any capital asset held more than one year (original new asset) that is treated as a long−term gain under the IRC, if the claimant completes a number of requirements. (a tax reduction for business)
Under current law, there is an income tax exclusion for individuals for 30
percent of the net capital gains realized from the sale of assets held for at least one
year, except a farm asset is subject to an exclusion for 60 percent of such gains. Under this bill, subject to some exceptions, for taxable years beginning after December 31, 2015, a claimant may subtract from federal adjusted gross income the lesser of the claimant’s federal net capital gain as reported on the claimant’s federal tax return if, in that year, the claimant had a qualifying gain, or the claimant’s qualifying gain. (no capital gains tax for the rich – its eliminated – and I thought we were broke!)
Under federal law, the earned income tax credit (EITC) is a refundable tax
credit for low−income workers. If the amount of the claim exceeds the worker’s tax
liability, the claimant receives a check for the excess amount from the Internal
Revenue Service. Under current law, an individual may claim the refundable Wisconsin EITC if he or she has one or more qualifying children. The Wisconsin EITC is equal to 4
percent of the federal EITC if the claimant has one qualifying child, 14 percent if the
claimant has two qualifying children, and 43 percent if the claimant has three or
more qualifying children. This bill changes for the Wisconsin EITC the percentages of the federal EITC that may be claimed for taxable years starting after December 31, 2010, to 5 percent if the claimant has one qualifying child, 8 percent if the claimant has two qualifying children, and 40 percent if the claimant has three or more qualifying children. (Earned income credit reduced – tax increased – for those with more than one child! Our poor.)
The Wisconsin budget repair bill does many other questionable actions besides union busting. SB 11 is 144 pages long.
1. It allows the gov to sell any state energy asset to whomever Walker chooses at any price without legislative approval.
2. It removes legislative approval for his cabinet positions.
3. It allows the gov to set up private state agency governing bodies responsible to no one but Walker.
It basically sets him up as a dictator with no balance of power from the legislature, democratic OR republican.
