Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB936 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 936
5	5	January 12, 2024 - Introduced by Representatives SAPIK, DRAKE, GUSTAFSON,
6	6	MELOTIK, MURPHY, MURSAU, MYERS, PALMERI, RATCLIFF, SCHMIDT, SINICKI and
7	7	SUBECK, cosponsored by Senators BALLWEG, FEYEN, MARKLEIN, TAYLOR,
8	8	TOMCZYK and COWLES. Referred to Committee on Health, Aging and
9	9	Long-Term Care.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 157.06 (20); and to create 71.10 (5w) and 343.175 (1x) of the
12	12	statutes; relating to: electing to be a donor of an anatomical gift when filing
13	13	income tax returns.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill requires the Department of Revenue to place on income tax forms a
16	16	method by which a resident of this state who is 15 years of age or older, or an
17	17	emancipated minor, may elect to include his or her name as a donor of an anatomical
18	18	gift in the record of potential donors maintained by the Department of
19	19	Transportation (donor registry). The bill requires DOR to transmit information
20	20	about applicants who elect to be included in the donor registry to DOT, and requires
21	21	DOT to record donor authorizations received from DOR in the donor registry even
22	22	if the person does not have an operator's license or identification card issued by DOT.
23	23	Under current law, DOT must maintain those records and disclose them to an eye
24	24	bank, organ procurement organization, or tissue bank under certain circumstances.
25	25	The method for electing to be a donor under the bill is similar to the method by
26	26	which a person may, under current law, elect to be a donor in an application to the
27	27	Department of Natural Resources for a hunting, fishing, or trapping license. Under
28	28	the bill, electing to be a donor on a tax return is sufficient to authorize a gift. Under
29	29	current law, DOT is required to cooperate with the Department of Health Services
30	30	in establishing a donor registry. This bill requires DOR to also cooperate with DHS
31	31	for this purpose.
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34	34	3 - 2 -2023 - 2024 Legislature LRB-5452/1
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36	36	ASSEMBLY BILL 936
37	37	For further information see the state fiscal estimate, which will be printed as
38	38	an appendix to this bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 71.10 (5w) of the statutes is created to read:
42	42	71.10 (5w) ANATOMICAL GIFT. (a) For taxable years beginning after December
43	43	31, 2023, the department shall place on the income tax form all of the following:
44	44	1. A question as to whether the individual filing the income tax return wishes
45	45	to include his or her name as a donor of an anatomical gift in the record of potential
46	46	donors maintained by the department of transportation.
47	47	2. A statement that an affirmative response to the question under subd. 1.
48	48	authorizes an anatomical gift under s. 157.06.
49	49	3. A statement that the individual is not required to respond to the question
50	50	under subd. 1. in order to file the income tax return and pay taxes or receive a refund.
51	51	4. A statement that the purpose of maintaining the record of potential donors
52	52	is to facilitate the determination of whether an individual is a potential donor in the
53	53	event of his or her death.
54	54	5. A statement that the individual must be a resident who is at least 15 years
55	55	of age or an emancipated minor to include his or her name as a donor of an anatomical
56	56	gift in the record of potential donors maintained by the department of
57	57	transportation.
58	58	(b) 1. If a resident individual answers the question regarding anatomical gifts
59	59	under par. (a) 1. in the affirmative, the department shall transmit to the department
60	60	of transportation that authorization along with any other information about the
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83	83	SECTION 1
84	84	ASSEMBLY BILL 936
85	85	individual that the department of health services determines to be necessary under
86	86	s. 157.06 (20).
87	87	2. Persons authorizing anatomical gifts under this subsection remain subject
88	88	to s. 157.06.
89	89	SECTION 2. 157.06 (20) of the statutes is amended to read:
90	90	157.06 (20) DONOR REGISTRY. The department of health services may establish
91	91	a donor registry. If the department of health services establishes a donor registry
92	92	under this subsection, the department of transportation and, department of natural
93	93	resources, and department of revenue shall cooperate with the department of health
94	94	services in establishing the donor registry. The department of health services shall
95	95	promulgate administrative rules governing any donor registry established under
96	96	this subsection.
97	97	SECTION 3. 343.175 (1x) of the statutes is created to read:
98	98	343.175 (1x) DEPARTMENT TO RECORD INFORMATION RECEIVED FROM DEPARTMENT
99	99	OF REVENUE. The department shall record a donor authorization received under s.
100	100	71.10 (5w) (b) 1. in its file of the person. If no file exists, the department shall create
101	101	a file for that person. The department shall maintain, disclose, and remove this
102	102	information in the same manner required with respect to other information in its
103	103	record of potential donors under this section and ss. 157.06, 343.14 (6) and (7), and
104	104	343.50 (4m).
105	105	(END)
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