Amendment ASA1-AB84

AB84-ASA1,7,5 2. The total amount received from all designations under this subsection during the previous fiscal year.

AB84-ASA1,7,8 3. The net amount remaining after the administrative costs, including data processing costs, under subd. 1. are subtracted from the total received under subd. 2.

AB84-ASA1,7,16 (i) Appropriations. From the moneys received from designations under this subsection, an amount equal to the sum of administrative expenses, including data processing costs, certified under par. (h) 1. shall be deposited in the general fund and credited to the appropriation account under s. 20.566 (1) (hp), and the net amount remaining that is certified under par. (h) 3. shall be transferred to the eligible governing bodies selected to receive donations under par. (b) 1. An amount transferred to a governing body under this paragraph shall be used only for the purpose of repaying the school meal debt owed to the governing body.

AB84-ASA1,7,19 (j) Void designations. If a designation under par. (b) 1. is void for any reason, the department shall disregard the designation and determine amounts due, owed, refunded, and received without regard to the void designation.

AB84-ASA1,8,2 (k) Amounts subject to refund. Amounts designated under this subsection are not subject to refund to the taxpayer unless the taxpayer submits information to the satisfaction of the department, within 18 months after the date on which the taxes are due or the date on which the return is filed, whichever is later, that the amount designated is clearly in error. Any refund granted by the department under this paragraph shall be deducted from the moneys received under this subsection in the fiscal year for which the refund is certified.

AB84-ASA1,4 Section 4. 71.10 (5s) (c) of the statutes is amended to read:

AB84-ASA1,8,10 71.10 (5s) (c) Beginning in September 2014, based on the amounts certified by the secretary of revenue in August or September 2013, and 2014, as specified in subs. (5) (h), (5e) (h), (5f) (h), (5g) (h), (5h) (h), (5i) (h), (5j) (h), (5jm) (h), (5k) (h), (5km) (h), and (5m) (h), and for every 2-year period thereafter, the secretary of revenue shall rank the checkoffs based on the total amount of designations received for each checkoff for each 2-year period. For each 2-year period, beginning with 2014, the secretary of revenue shall rank every checkoff that is created under this section.

AB84-ASA1,5 Section 5. 71.10 (5s) (e) of the statutes is amended to read:

AB84-ASA1,8,18 71.10 (5s) (e) For any taxable year that begins after December 31, 2014, individuals may not make a designation for any checkoff which did not generate at least an average of $50,000 of designations per year over the most recent 3-year period as certified by the secretary of revenue under subs. (5) (h) 3., (5e) (h) 2., (5f) (h) 2., (5fm) (h) 2., (5g) (h) 2., (5i) (h) 2., (5j) (h) 2., (5jm) (h) 2., (5k) (h) 2., (5km) (h) 2., and (5m) (h) 2. Once a checkoff is affected by this paragraph, no further checkoffs may be designated to that checkoff in any taxable year.

AB84-ASA1,6 Section 6 . 71.21 (4m) of the statutes is created to read:

AB84-ASA1,8,20 71.21 (4m) (a) In this subsection:

AB84-ASA1,8,21 1. “Governing body” has the meaning given in s. 115.3415 (1) (a).

AB84-ASA1,8,23 2. “School meal debt” means money owed by a pupil to a governing body due to the pupil receiving a quality meal, as defined in s. 115.3415 (1) (b).

AB84-ASA1,9,3 3. “School meal debt donation” means an amount paid by a taxpayer to a governing body to be used by the governing body solely for the purpose of repaying school meal debt.

AB84-ASA1,9,6 (b) Subject to the limitations in this subsection, an amount, not to exceed $25,000, that is equal to the school meal debt donation paid by the taxpayer in the taxable year may be subtracted from the taxpayer's income.

AB84-ASA1,9,9 (c) No subtraction is allowed under this subsection if the taxpayer places a condition on the school meal debt donation, requests the donation be used to repay the debt of a specific pupil, or receives anything of value in exchange for the donation.

AB84-ASA1,9,14 (d) No subtraction is allowed under this subsection unless the taxpayer receives certification from the governing body, on a form provided by the department, that the governing body will use the donation solely for the purpose of repaying school meal debt and the taxpayer includes the form with the income tax return for the year to which the claim relates.

AB84-ASA1,7 Section 7 . 71.26 (2) (a) 13. of the statutes is created to read:

AB84-ASA1,9,25 71.26 (2) (a) 13. Minus the amount, not to exceed $25,000, equal to the school meal debt donation, as defined in s. 71.21 (4m) (a) 3., paid by the taxpayer in the taxable year. The taxpayer may not place a condition on the school meal debt donation, request the donation be used to repay the debt of a specific pupil, or receive anything of value in exchange for the donation. No subtraction is allowed under this subdivision unless the taxpayer receives certification from the governing body, on a form provided by the department, that the governing body will use the donation solely for the purpose of repaying school meal debt, as defined in s. 71.21 (4m) (a) 2., and the taxpayer includes the form with the income tax return for the year to which the claim relates.

AB84-ASA1,8 Section 8. 71.36 (1m) (d) of the statutes is created to read:

AB84-ASA1,10,11 71.36 (1m) (d) A tax-option corporation may deduct from its net income an amount, not to exceed $25,000, equal to the school meal debt donation, as defined in s. 71.21 (4m) (a) 3., paid by the taxpayer in the taxable year. The taxpayer may not place a condition on the school meal debt donation, request the donation be used to repay the debt of a specific pupil, or receive anything of value in exchange for the donation. No subtraction is allowed under this paragraph unless the taxpayer receives certification from the governing body, on a form provided by the department, that the governing body will use the donation solely for the purpose of repaying school meal debt, as defined in s. 71.21 (4m) (a) 2., and the taxpayer includes the form with the income tax return for the year to which the claim relates.

AB84-ASA1,9 Section 9 . 71.365 (4m) (d) 1m. of the statutes is created to read:

AB84-ASA1,10,14 71.365 (4m) (d) 1m. A tax-option corporation may deduct from its net income the amount under s. 71.36 (1m) (d).

AB84-ASA1,10 Section 10 . 71.45 (2) (a) 21. of the statutes is created to read:

AB84-ASA1,10,25 71.45 (2) (a) 21. By subtracting an amount, not to exceed $25,000, equal to the school meal debt donation, as defined in s. 71.21 (4m) (a) 3., paid by the taxpayer in the taxable year. The taxpayer may not place a condition on the school meal debt donation, request the donation be used to repay the debt of a specific pupil, or receive anything of value in exchange for the donation. No subtraction is allowed under this subdivision unless the taxpayer receives certification from the governing body, on a form provided by the department, that the governing body will use the donation solely for the purpose of repaying school meal debt, as defined in s. 71.21 (4m) (a) 2., and the taxpayer includes the form with the income tax return for the year to which the claim relates.

AB84-ASA1,11 Section 11. 115.3415 of the statutes is created to read:

AB84-ASA1,11,3 115.3415 School lunch and breakfast programs; requirements. (1) In this section:

AB84-ASA1,11,7 (a) “Governing body” means the school board of a school district, governing body of a private school, operator of a charter school under s. 118.40 (2r) or (2x), governing body of a tribal school, director of the program under s. 115.52, or director of the center under s. 115.525.

AB84-ASA1,11,10 (b) “Quality meal” means a school lunch or breakfast that satisfies the requirements for the governing body of a school to receive reimbursement under s. 115.34 (2) or 115.341 (1).

AB84-ASA1,11,11 (c) “School” means any of the following:

AB84-ASA1,11,14 1. A public school, including a charter school under s. 118.40 (2r) or (2x), private school, or tribal school that receives a payment under s. 115.34 (2) for a school lunch served to a pupil at the school.

AB84-ASA1,11,16 2. The program under s. 115.52, provided the program receives a payment under s. 115.34 (2) for a school lunch served to a pupil in the program.

AB84-ASA1,11,18 3. The center under s. 115.525, provided the center receives a payment under s. 115.34 (2) for a school lunch served to a pupil at the center.

AB84-ASA1,11,21 4. A public school, private school, or tribal school that receives a payment under s. 115.341 (1) for a breakfast served at the school that meets the requirements of 7 CFR 220.8.

AB84-ASA1,12,3 (2) (a) Except as provided in par. (b), the governing body of a school shall provide a quality meal to each pupil who requests one, regardless of the pupil's ability to pay for the quality meal, and may not give the pupil an inferior meal in place of a quality meal. If the pupil who requests a quality meal is homeless and is enrolled in a public school, including a charter school under s. 118.40 (2r) or (2x), the governing body of the school shall provide the pupil with a quality meal at no cost to the pupil.

AB84-ASA1,12,6 (b) The governing body of a school is not required to provide a quality meal to a pupil if the pupil's parent or guardian has submitted written instruction to the governing body to withhold a quality meal.

AB84-ASA1,12,7 (3) (a) The governing body of a school may not do any of the following:

AB84-ASA1,12,11 1. Publicly identify or stigmatize a pupil who is unable to pay for a quality meal provided under sub. (2) or who owes money to the governing body related to those quality meals. In this subdivision, requiring a pupil to wear a wristband or badge or receive a hand stamp or marking is considered public identification.

AB84-ASA1,12,15 2. Require a pupil who has received a quality meal under sub. (2) to relinquish or throw away the quality meal because the pupil owes money to the governing body related to quality meals provided under sub. (2) or is unable to pay for the quality meal.

AB84-ASA1,12,18 3. Communicate directly with a pupil in grades kindergarten to 8 concerning the pupil's inability to pay for a quality meal provided under sub. (2) or to pay other money owed to the governing body related to quality meals provided under sub. (2).

AB84-ASA1,12,21 4. Except as provided under par. (b), require a pupil who is unable to pay for a quality meal, as a condition of receiving a quality meal under sub. (2), to do chores or other work not expected of a pupil who has the ability to pay.

AB84-ASA1,12,24 5. Restrict a pupil's participation in graduation activities on the basis that the pupil is unable to pay for a quality meal provided under sub. (2) or owes money to the governing body related to a quality meal provided under sub. (2).

AB84-ASA1,13,4 6. Withhold a pupil's high school diploma, refuse to promote a pupil to the next grade, or withhold a pupil's high school transcript on the basis that the pupil is unable to pay for a quality meal provided under sub. (2) or owes money to the governing body related to a quality meal provided under sub. (2).

AB84-ASA1,13,8 (b) If a pupil is unable to pay for a quality meal and the pupil's parent or guardian consents, the governing body of a school may require the pupil, as a condition of receiving a quality meal under sub. (2), to do chores or other work not expected of a pupil who has the ability to pay.

AB84-ASA1,13,13 (4) The governing body of a school may accept any donation, gift, or bequest made to the school for purposes of paying for quality meals provided to pupils under sub. (2). The governing body may use any moneys received under this subsection to pay any amounts owed by a pupil to the governing body related to those quality meals.

AB84-ASA1,13,17 (5) The governing body of a school shall, no later than February 1 and July 1 in each school year, report the total amount of money owed to the governing body as of a date not more than 10 days prior to the date the report is submitted related to quality meals provided under sub. (2).

AB84-ASA1,12 Section 12. Initial applicability.

AB84-ASA1,13,21 (1) Tax checkoff program. The treatment of ss. 20.566 (1) (hp) and 71.10 (5jm) and (5s) (c) and (e) first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB84-ASA1,14,3 (2) Deduction for school meal debt donations. The treatment of ss. 71.05 (27), 71.21 (4m), 71.26 (2) (a) 13., 71.36 (1m) (d), 71.365 (4m) (d) 1m., and 71.45 (2) (a) 21. first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31, the treatment of ss. 71.05 (27), 71.21 (4m), 71.26 (2) (a) 13., 71.36 (1m) (d), 71.365 (4m) (d) 1m., and 71.45 (2) (a) 21. first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB84-ASA1,14,4 (End)