Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB868 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 868
5	5	January 5, 2024 - Introduced by Senators BALLWEG, FEYEN, MARKLEIN, TAYLOR and
6	6	TOMCZYK, cosponsored by Representatives SAPIK, DRAKE, GUSTAFSON,
7	7	MELOTIK, MURPHY, MURSAU, MYERS, PALMERI, RATCLIFF, SCHMIDT, SINICKI and
8	8	SUBECK. Referred to Committee on Health.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 157.06 (20); and to create 71.10 (5w) and 343.175 (1x) of the
11	11	statutes; relating to: electing to be a donor of an anatomical gift when filing
12	12	income tax returns.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires the Department of Revenue to place on income tax forms a
15	15	method by which a resident of this state who is 15 years of age or older, or an
16	16	emancipated minor, may elect to include his or her name as a donor of an anatomical
17	17	gift in the record of potential donors maintained by the Department of
18	18	Transportation (donor registry). The bill requires DOR to transmit information
19	19	about applicants who elect to be included in the donor registry to DOT, and requires
20	20	DOT to record donor authorizations received from DOR in the donor registry even
21	21	if the person does not have an operator's license or identification card issued by DOT.
22	22	Under current law, DOT must maintain those records and disclose them to an eye
23	23	bank, organ procurement organization, or tissue bank under certain circumstances.
24	24	The method for electing to be a donor under the bill is similar to the method by
25	25	which a person may, under current law, elect to be a donor in an application to the
26	26	Department of Natural Resources for a hunting, fishing, or trapping license. Under
27	27	the bill, electing to be a donor on a tax return is sufficient to authorize a gift. Under
28	28	current law, DOT is required to cooperate with the Department of Health Services
29	29	in establishing a donor registry. This bill requires DOR to also cooperate with DHS
30	30	for this purpose.
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35	35	SENATE BILL 868
36	36	For further information see the state fiscal estimate, which will be printed as
37	37	an appendix to this bill.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 71.10 (5w) of the statutes is created to read:
41	41	71.10 (5w) ANATOMICAL GIFT. (a) For taxable years beginning after December
42	42	31, 2023, the department shall place on the income tax form all of the following:
43	43	1. A question as to whether the individual filing the income tax return wishes
44	44	to include his or her name as a donor of an anatomical gift in the record of potential
45	45	donors maintained by the department of transportation.
46	46	2. A statement that an affirmative response to the question under subd. 1.
47	47	authorizes an anatomical gift under s. 157.06.
48	48	3. A statement that the individual is not required to respond to the question
49	49	under subd. 1. in order to file the income tax return and pay taxes or receive a refund.
50	50	4. A statement that the purpose of maintaining the record of potential donors
51	51	is to facilitate the determination of whether an individual is a potential donor in the
52	52	event of his or her death.
53	53	5. A statement that the individual must be a resident who is at least 15 years
54	54	of age or an emancipated minor to include his or her name as a donor of an anatomical
55	55	gift in the record of potential donors maintained by the department of
56	56	transportation.
57	57	(b) 1. If a resident individual answers the question regarding anatomical gifts
58	58	under par. (a) 1. in the affirmative, the department shall transmit to the department
59	59	of transportation that authorization along with any other information about the
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82	82	SECTION 1
83	83	SENATE BILL 868
84	84	individual that the department of health services determines to be necessary under
85	85	s. 157.06 (20).
86	86	2. Persons authorizing anatomical gifts under this subsection remain subject
87	87	to s. 157.06.
88	88	SECTION 2. 157.06 (20) of the statutes is amended to read:
89	89	157.06 (20) DONOR REGISTRY. The department of health services may establish
90	90	a donor registry. If the department of health services establishes a donor registry
91	91	under this subsection, the department of transportation and, department of natural
92	92	resources, and department of revenue shall cooperate with the department of health
93	93	services in establishing the donor registry. The department of health services shall
94	94	promulgate administrative rules governing any donor registry established under
95	95	this subsection.
96	96	SECTION 3. 343.175 (1x) of the statutes is created to read:
97	97	343.175 (1x) DEPARTMENT TO RECORD INFORMATION RECEIVED FROM DEPARTMENT
98	98	OF REVENUE. The department shall record a donor authorization received under s.
99	99	71.10 (5w) (b) 1. in its file of the person. If no file exists, the department shall create
100	100	a file for that person. The department shall maintain, disclose, and remove this
101	101	information in the same manner required with respect to other information in its
102	102	record of potential donors under this section and ss. 157.06, 343.14 (6) and (7), and
103	103	343.50 (4m).
104	104	(END)
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