Feed for /2009/related/proposals/sb62 PDF
This bill authorizes WHEDA to issue bonds for and to make and participate in
the making of loans for the refinancing of qualified subprime loans if WHEDA
determines that the applicant will suffer financial hardship if the loan is not
refinanced. A qualified subprime loan is defined as an adjustable rate single-family
residential mortgage loan made after December 31, 2001 and before January 1, 2008.
The bill directs the secretary of administration to determine the date after which no
bonds or notes may be issued by WHEDA to refinance subprime loans.
This bill establishes a Homeowner Eviction and Lien Protection program under
the authority of WHEDA. Under the program, WHEDA may enter into agreements
with lenders to encourage the lenders to refinance mortgage loans of persons or
families who are not able to obtain refinancing in the absence of an agreement.
WHEDA may also make and participate in making loans to refinance mortgage
loans. A mortgage loan is defined as a loan secured by a first lien real estate mortgage
on a single-family dwelling that is used as the principal residence of the applicant.
The bill appropriates a total of $4,000,000 in GPR in the 2008-09 and 2009-10 fiscal
years to WHEDA to operate the program. The bill requires WHEDA to make
quarterly reports to the Joint Committee on Finance, and authorizes the
cochairpersons of the Joint Committee on Finance to convene a meeting at any time
to review or dissolve the program.
This bill will be referred to the Joint Survey Committee on Tax Exemptions for
a detailed analysis, which will be printed as an appendix to this bill.
Because this bill directly or substantially affects the development,
construction, cost or availability of housing in this state, the Department of
Administration, as required by law, will prepare a report to be printed as an appendix
to this bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB62, s. 1 1Section 1. 13.94 (1) (ms) of the statutes is created to read:
SB62,15,22 13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance
3evaluation audit of the economic development tax benefit program under ss. 560.701

1to 560.706. The legislative audit bureau shall file a copy of the report of the audit
2under this paragraph with the distributees specified in par. (b).
SB62, s. 2 3Section 2. 13.94 (4) (a) 1. of the statutes is amended to read:
SB62,15,194 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
5credentialing board, commission, independent agency, council or office in the
6executive branch of state government; all bodies created by the legislature in the
7legislative or judicial branch of state government; any public body corporate and
8politic created by the legislature including specifically the Fox River Navigational
9System Authority, the Lower Fox River Remediation Authority, and the Wisconsin
10Aerospace Authority, a professional baseball park district, a local professional
11football stadium district, a local cultural arts district and a long-term care district
12under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every
13provider of medical assistance under subch. IV of ch. 49; technical college district
14boards; development zones designated under s. 560.71; every county department
15under s. 51.42 or 51.437; every nonprofit corporation or cooperative or
16unincorporated cooperative association to which moneys are specifically
17appropriated by state law; and every corporation, institution, association or other
18organization which receives more than 50% of its annual budget from appropriations
19made by state law, including subgrantee or subcontractor recipients of such funds.
SB62, s. 3 20Section 3. 15.09 (6) of the statutes is amended to read:
SB62,16,621 15.09 (6) Reimbursement for expenses. Members of a council shall not be
22compensated for their services, but, except as otherwise provided in this subsection,
23members of councils created by statute shall be reimbursed for their actual and
24necessary expenses incurred in the performance of their duties, such reimbursement
25in the case of an elective or appointive officer or employee of this state who represents

1an agency as a member of a council to be paid by the agency which pays his or her
2salary. Members of the mortgage loan originator council under s. 15.187 (1) may not
3be reimbursed for their actual and necessary expenses incurred in the performance
4of their duties. Members of the agricultural education and workforce development
5council may not be reimbursed for their actual and necessary expenses incurred in
6the performance of their duties.
SB62, s. 4 7Section 4. 15.187 (1) (intro.), (a), (b) and (c) of the statutes are amended to
8read:
SB62,16,129 15.187 (1) Loan Mortgage loan originator review council. (intro.) There is
10created in the department of financial institutions a mortgage loan originator
11council. The council shall consist of the following members, appointed by the
12secretary of financial institutions for 4-year terms:
SB62,16,1413 (a) Three Four persons who are mortgage loan originators registered licensed
14under s. 224.72 (1m) 224.725.
SB62,16,1615 (b) One person who is an agent of a mortgage broker registered licensed under
16s. 224.72 (1m).
SB62,16,1817 (c) One person who is an agent of a mortgage banker registered licensed under
18s. 224.72 (1m).
SB62, s. 5 19Section 5. 15.187 (1) (d) of the statutes is repealed.
SB62, s. 6 20Section 6. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
21the following amounts for the purposes indicated: - See PDF for table PDF
SB62, s. 7 1Section 7. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
SB62, s. 8 3Section 8. 20.143 (1) (c) of the statutes is amended to read:
SB62,18,44 20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements, and
5assistance.
Biennially, the amounts in the schedule for grants and loans under s.
6560.275 (2) and subch. V of ch. 560; for reimbursements under s. 560.167; for
7providing assistance under s. 560.06; for the costs specified in s. 560.607; for the loan
8under 1999 Wisconsin Act 9, section 9110 (4); for the grants under 1995 Wisconsin
9Act 27
, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), 1997 Wisconsin Act
1027
, section 9110 (6g), 1999 Wisconsin Act 9, section 9110 (5), 2003 Wisconsin Act 33,
11section 9109 (1d) and (2q), and 2007 Wisconsin Act 20, section 9108 (4u), (6c), (7c),
12(7f), (8c), (8i), (9i), and (10q), and 2009 Wisconsin Act .... (this act), section 9110 (2 )

1and (3)
; and for providing up to $100,000 annually for the continued development of
2a manufacturing and advanced technology training center in Racine. Of the
3amounts in the schedule, $50,000 shall be allocated in each of fiscal years 1997-98
4and 1998-99 for providing the assistance under s. 560.06 (1).
SB62, s. 9 5Section 9. 20.143 (1) (gm) of the statutes is amended to read:
SB62,18,106 20.143 (1) (gm) Wisconsin development fund, administration of grants and
7loans.
All moneys received from origination fees under s. 560.68 (3), and from
8transfer fees under s. 560.205 (3) (e),
for administering the programs under subch.
9V of ch. 560 and for the costs of underwriting grants and loans awarded under subch.
10V of ch. 560.
SB62, s. 10 11Section 10. 20.143 (2) (b) of the statutes is amended to read:
SB62,18,1512 20.143 (2) (b) Housing grants and loans; general purpose revenue. Biennially,
13the amounts in the schedule for grants and loans under s. 560.9803 and for grants
14under s. 560.9805 and for the grant under 2009 Wisconsin Act .... (this act), section
159110 (1)
.
SB62, s. 11 16Section 11. 20.435 (4) (gp) of the statutes is repealed.
SB62, s. 12 17Section 12. 20.435 (4) (jw) of the statutes is amended to read:
SB62,18,2418 20.435 (4) (jw) BadgerCare Plus and hospital assessment administrative costs.
19Biennially, the amounts in the schedule to provide a portion of the state share of
20administrative costs for the BadgerCare Plus Medical Assistance program under s.
2149.471. Ten and for administration of the hospital assessment under s. 50.38. All
22moneys transferred under s. 50.38 (9) and 10
percent of all moneys received from
23penalty assessments under s. 49.471 (9) (c) shall be credited to this appropriation
24account.
SB62, s. 13 25Section 13. 20.435 (4) (w) of the statutes is amended to read:
SB62,19,6
120.435 (4) (w) Medical Assistance trust fund. From the Medical Assistance
2trust fund, biennially, the amounts in the schedule for meeting costs of medical
3assistance administered under ss. 46.27, 46.275 (5), 46.278 (6), 46.283 (5), 46.284 (5),
449.45, and 49.472 (6), for refunds under s. 50.38 (6) (a), and for administrative costs
5associated with augmenting the amount of federal moneys received under 42 CFR
6433.51
.
SB62, s. 14 7Section 14. 20.435 (4) (xc) of the statutes is created to read:
SB62,19,158 20.435 (4) (xc) Hospital assessment fund; hospital payments. From the hospital
9assessment fund, the amounts in the schedule to reimburse eligible hospitals for
10services provided under the Medical Assistance Program under subch. IV of ch. 49,
11make payments to health maintenance organizations under s. 49.45 (59), provide
12supplemental funds to rural hospitals under s. 49.45 (5m) (am), make supplemental
13payments to Level I adult trauma centers under s. 49.45 (6y) (ap), make
14supplemental payments to hospitals based on performance under s. 49.45 (6y) (ar),
15make refunds under s. 50.38 (6), and make the transfer under s. 50.38 (8).
SB62, s. 15 16 Section 15. 20.490 (3) of the statutes is created to read:
SB62,19,2117 20.490 (3) Homeownership mortgage assistance. (a) Homeowner eviction lien
18protection program.
As a continuing appropriation, the amounts in the schedule to
19operate the homeowner eviction and lien protection program under s. 234.605.
20Notwithstanding s. 20.001 (3) (c), at the close of fiscal year 2009-10, the
21unencumbered balance of this appropriation account shall lapse to the general fund.
SB62, s. 16 22 Section 16. 20.566 (1) (ho) of the statutes is created to read:
SB62,20,223 20.566 (1) (ho) Collections under multistate streamlined sales tax project. From
24moneys collected under the multistate streamlined sales tax project as provided

1under s. 73.03 (28e), a sum sufficient to pay the dues necessary to participate in the
2governing board of the multistate streamlined sales tax project.
SB62, s. 17 3Section 17. 20.835 (2) (bd) of the statutes is created to read:
SB62,20,54 20.835 (2) (bd) Meat processing facility investment credit. A sum sufficient to
5make the payments under ss. 71.07 (3r), 71.28 (3r), and 71.47 (3r).
SB62, s. 18 6Section 18. 20.835 (2) (bn) of the statutes is amended to read:
SB62,20,97 20.835 (2) (bn) Dairy manufacturing facility investment credit. The amounts
8in the schedule to make the payments under ss. 71.07 (3p) (d) 2., 71.28 (3p) (d) 2., and
971.47 (3p) (d) 2.
SB62, s. 19 10Section 19. 20.835 (2) (bp) of the statutes is created to read:
SB62,20,1311 20.835 (2) (bp) Dairy manufacturing facility investment credit; dairy
12cooperatives.
A sum sufficient to make the payments under ss. 71.07 (3p) (d) 3., 71.28
13(3p) (d) 3., and 71.47 (3p) (d) 3.
SB62, s. 20 14Section 20. 24.61 (4) of the statutes is amended to read:
SB62,20,1715 24.61 (4) Loan limitations. Notwithstanding sub. (3), the board may not loan
16moneys to a county unless the governing body of the county demonstrates to the
17board's satisfaction that s. 67.045 (1) (a), (b), (c), (d), (e) or, (f), (g), or (h) applies.
SB62, s. 21 18Section 21. 24.63 (4) of the statutes is amended to read:
SB62,20,2419 24.63 (4) Repayment before due date permitted. Any borrower after March 15
20January 1 and prior to August September 1 of any year may repay one or more
21installments of a state trust fund loan in advance of the due date, and all interest
22upon such advance payment shall thereupon terminate. The board may charge a
23borrower who repays one or more installments of a loan a fee to cover any
24administrative costs incurred by the board in originating and servicing the loan.
SB62, s. 22 25Section 22. 24.66 (3) (am) of the statutes is amended to read:
SB62,21,5
124.66 (3) (am) For short-term loans by common, union high and 1st class city
2school districts.
Every application for a loan, the required repayment of which is 10
3years or less, shall be approved and authorized for a common, union high or 1st class
4city school district under par. (a) or under the procedure in s. 67.12 (12) (c), to the
5extent applicable.
SB62, s. 23 6Section 23. 24.66 (3) (bm) of the statutes is amended to read:
SB62,21,107 24.66 (3) (bm) For short-term loans by unified school districts. Every
8application for a loan, the required repayment of which is 10 years or less, shall be
9approved and authorized for a unified school district under par. (b) or under the
10procedure in s. 67.12 (12)
(c), to the extent applicable.
SB62, s. 24 11Section 24. 24.66 (3) (c) of the statutes is created to read:
SB62,21,1712 24.66 (3) (c) Alternative short-term loan process for all school districts. 1. If
13the procedure in par. (a) or (b) is not used for the approval of a school district loan,
14the required repayment of which is 10 years or less, the governing body of the school
15district, before any certificate of indebtedness is issued, shall adopt and record a
16resolution specifying the purposes and the maximum amount of the certificate of
17indebtedness issued.
SB62,22,2118 2. Unless the purpose and amount of the borrowing have been approved by the
19electors under s. 67.05 (6a) or considered approved by the electors under s. 67.05 (7)
20(d) 3., the purpose is to refund any outstanding obligation, the purpose is to pay
21unfunded prior service liability contributions under the Wisconsin Retirement
22System if all of the proceeds of the note will be used for that purpose, or the borrowing
23would not be subject to a referendum as a bond issue under s. 67.05 (7) (cc), (h), or
24(i), or s. 67.12 (12) (e) 2g., (f), or (h) applies, the school district clerk shall, within 10
25days after a governing body of a school district adopts a resolution as described above

1to issue a certificate of indebtedness, publish notice of such adoption as a class 1
2notice, under ch. 985. Alternatively, the notice may be posted as provided under s.
310.05. The notice need not set forth the full contents of the resolution, but shall state
4the maximum amount proposed to be borrowed, the purpose thereof, that the
5resolution was adopted under this subsection, and the place where, and the hours
6during which, the resolution may be inspected. If, within 30 days after publication
7or posting, a petition conforming to the requirements of s. 8.40 is filed with the school
8district clerk for a referendum on the resolution signed by at least 7,500 electors of
9the district or at least 20 percent of the number of district electors voting for governor
10at the last general election, as determined under s. 115.01 (13), whichever is the
11lesser, then the resolution shall not be effective unless adopted by a majority of the
12district electors voting at the referendum. The referendum shall be called in the
13manner provided under s. 67.05 (6a), except that the question which appears on the
14ballot shall be "Shall .... (name of district) borrow the sum of $.... for (state purpose)
15by issuing its general obligation promissory note (or notes) under section 24.66 (3)
16of the Wisconsin Statutes?". If a governing body of a school district adopts a
17resolution to borrow a sum of money under this subsection and a sufficient petition
18for referendum is not filed within the time permitted, then the power of the governing
19body of a school district to borrow the sum and expend the sum for the purpose stated
20shall be deemed approved by the school district electors upon the expiration of the
21time for filing the petition.
SB62,22,2522 3. If the governing body of a school district adopts a resolution to borrow a sum
23of money under this subsection, and if subd. 2. does not apply, the governing body of
24a school district has the power to borrow and spend the sum for the purpose stated
25without the approval of the electors of the school district.
SB62, s. 25
1Section 25. 24.70 (4) of the statutes is amended to read:
SB62,23,102 24.70 (4) Payment to secretary of administration board. The treasurer of each
3municipality shall transmit to the secretary of administration on his or her board on
4its
order the full amount levied for state trust fund loans within 15 days after March
515. Each cooperative educational service agency shall similarly transmit the annual
6amount owed on any state trust fund loan made to the agency by that date. The
7secretary of administration shall notify the board when he or she receives payment.

8Any payment not made by March 30 is delinquent and is subject to a penalty of one
9percent per month to be paid to the secretary of administration board with the
10delinquent payment.
SB62, s. 26 11Section 26. 24.71 (4) of the statutes is amended to read:
SB62,23,1812 24.71 (4) Payment to secretary of administration board. The school district
13treasurer shall transmit to the secretary of administration board the full amount
14levied for state trust fund loans within 15 days after March 15. The secretary of
15administration shall notify the board when he or she receives payment.
Any
16payment not made by March 30 is delinquent and is subject to a penalty of one
17percent per month or fraction thereof, to be paid to the secretary of administration
18board with the delinquent payment.
SB62, s. 27 19Section 27. 24.715 (3) of the statutes is amended to read:
SB62,23,2520 24.715 (3) Payment to state treasurer board. The system board shall transmit
21to the state treasurer board on its own order the full amount levied for state trust
22fund loans within 15 days after March 15. The state treasurer shall notify the board
23when he or she receives payment.
Any payment not made by March 30 is delinquent
24and is subject to a penalty of one percent per month or fraction thereof, to be paid to
25the state treasurer board with the delinquent payment.
SB62, s. 28
1Section 28. 24.716 (3) of the statutes is amended to read:
SB62,24,82 24.716 (3) Payment to secretary of administration board. The district board
3shall transmit to the secretary of administration board on its own order the full
4amount levied for state trust fund loans within 15 days after March 15. The secretary
5of administration shall notify the board when he or she receives payment.
Any
6payment not made by March 30 is delinquent and is subject to a penalty of 1 percent
7per month or fraction thereof, to be paid to the secretary of administration board with
8the delinquent payment.
SB62, s. 29 9Section 29. 25.17 (1) (gs) of the statutes is created to read:
SB62,24,1010 25.17 (1) (gs) Hospital assessment fund (s. 25.772);
SB62, s. 30 11Section 30. 25.77 (11) of the statutes is created to read:
SB62,24,1212 25.77 (11) All moneys transferred under s. 50.38 (8).
SB62, s. 31 13Section 31. 25.77 (12) of the statutes is created to read:
SB62,24,1414 25.77 (12) All moneys recouped and deposited under s. 50.38 (6) (a) 4.
SB62, s. 32 15Section 32. 25.772 of the statutes is created to read:
SB62,24,19 1625.772 Hospital assessment fund. There is established a separate
17nonlapsible trust fund designated as the hospital assessment fund, to consist of all
18moneys received under s. 50.38 (2) from assessments on hospitals and all moneys
19recouped and deposited under s. 50.38 (6) (a) 3.
SB62, s. 33 20Section 33. 38.41 (3) (d) of the statutes is created to read:
SB62,24,2321 38.41 (3) (d) Beginning in the 2008-09 school year, the board shall award at
22least $1,000,000 annually under sub. (1) for training in advanced manufacturing
23skills, with priority given to welding.
SB62, s. 34 24Section 34. 46.27 (9) (a) of the statutes is amended to read:
SB62,25,9
146.27 (9) (a) The department may select up to 5 counties that volunteer to
2participate in a pilot project under which they will receive certain funds allocated for
3long-term care. The department shall allocate a level of funds to these counties
4equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), or (w)
5to nursing homes for providing care because of increased utilization of nursing home
6services, as estimated by the department. In estimating these levels, the department
7shall exclude any increased utilization of services provided by state centers for the
8developmentally disabled. The department shall calculate these amounts on a
9calendar year basis under sub. (10).
SB62, s. 35 10Section 35. 46.27 (10) (a) 1. of the statutes is amended to read:
SB62,25,1611 46.27 (10) (a) 1. The department shall determine for each county participating
12in the pilot project under sub. (9) a funding level of state medical assistance
13expenditures to be received by the county. This level shall equal the amount that the
14department determines would otherwise be paid under s. 20.435 (4) (b), (gp), or (w)
15because of increased utilization of nursing home services, as estimated by the
16department.
SB62, s. 36 17Section 36. 46.275 (5) (a) of the statutes is amended to read:
SB62,25,2318 46.275 (5) (a) Medical Assistance reimbursement for services a county, or the
19department under sub. (3r), provides under this program is available from the
20appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (w). If 2 or more counties
21jointly contract to provide services under this program and the department approves
22the contract, Medical Assistance reimbursement is also available for services
23provided jointly by these counties.
SB62, s. 37 24Section 37. 46.275 (5) (c) of the statutes is amended to read:
SB62,26,7
146.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o), and (w) to
2counties and to the department under sub. (3r) for services provided under this
3section may not exceed the amount approved by the federal department of health and
4human services. A county may use funds received under this section only to provide
5services to persons who meet the requirements under sub. (4) and may not use
6unexpended funds received under this section to serve other developmentally
7disabled persons residing in the county.
SB62, s. 38 8Section 38. 46.283 (5) of the statutes is amended to read:
SB62,26,129 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
10(bm), (gp), (pa), and (w) and (7) (b), (bd), and (md), the department may contract with
11organizations that meet standards under sub. (3) for performance of the duties under
12sub. (4) and shall distribute funds for services provided by resource centers.
SB62, s. 39 13Section 39. 46.284 (5) (a) of the statutes is amended to read:
SB62,26,2014 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp),
15(im), (o), and (w) and (7) (b), (bd), and (g), the department shall provide funding on
16a capitated payment basis for the provision of services under this section.
17Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
18under contract with the department may expend the funds, consistent with this
19section, including providing payment, on a capitated basis, to providers of services
20under the family care benefit.
SB62, s. 40 21Section 40. 46.485 (2g) (intro.) of the statutes is amended to read:
SB62,27,222 46.485 (2g) (intro.) From the appropriation accounts account under s. 20.435
23(4) (b) and (gp), the department may in each fiscal year transfer funds to the
24appropriation under s. 20.435 (7) (kb) for distribution under this section and from the
25appropriation account under s. 20.435 (7) (mb) the department may not distribute

1more than $1,330,500 in each fiscal year to applying counties in this state that meet
2all of the following requirements, as determined by the department:
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