SB708: Bill Text

SB708, s. 4 Section 4. 39.435 (4) (a) of the statutes is amended to read:

SB708,9,9 39.435 (4) (a) The board shall award grants under this section based on a formula that accounts for expected parental and student contributions and that, except as provided in par. (b), is consistent with generally accepted definitions and nationally approved needs analysis methodology.

SB708, s. 5 Section 5. 39.435 (4) (b) of the statutes is created to read:

SB708,9,14 39.435 (4) (b) In determining the expected parental contribution for a student under 22 years of age who is a dependent of his or her parents, the board shall include in the parental income and assets that are available for that contribution the income and assets of both of the student's parents.

SB708, s. 6 Section 6. 39.44 (3) (a) of the statutes is amended to read:

SB708,9,18 39.44 (3) (a) Award grants to eligible students on the basis of financial need, as determined by the board, using the needs analysis methodology used under s. 39.435.

SB708, s. 7 Section 7. 49.148 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

SB708, s. 8 Section 8. 49.155 (5) of the statutes is amended to read:

SB708,9,25 49.155 (5) Liability for payment. An individual is liable for the percentage of the cost of the child care specified by the department in a printed copayment schedule, except that the department shall require a minimum copayment of $2 per hour of child care per child. An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.

SB708, s. 9 Section 9. 49.155 (6g) (a) 2. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB708,10,9 49.155 (6g) (a) 2. Except as provided in subd. 3. and subject to subd. 5., the department shall authorize no more than 12 hours of child care per day per child.

SB708, s. 10 Section 10. 49.155 (6g) (a) 3. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB708,10,15 49.155 (6g) (a) 3. The Subject to subd. 5., department may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.

SB708, s. 11 Section 11. 49.155 (6g) (a) 5. of the statutes is created to read:

SB708,10,18 49.155 (6g) (a) 5. The department may not authorize more than 40 hours of child care per week for a child.

SB708, s. 12 Section 12. 49.471 (11c) of the statutes is created to read:

SB708,11,3 49.471 (11c) Deductible and coinsurance. Notwithstanding subs. (10) and (11), the department shall require an annual deductible of $500 per family for services provided under BadgerCare Plus and coinsurance of at least 5 percent of the cost of services received after the deductible has been paid. If the department determines that it needs a waiver to require the deductible and coinsurance payments under this subsection, the department shall request a waiver from the secretary of the federal department of health and human services and may not impose the deductible and coinsurance requirements under this subsection unless the waiver is granted and in effect.

SB708, s. 13 Section 13. 49.79 (1) (a) of the statutes is repealed.

SB708, s. 14 Section 14. 49.79 (5) of the statutes is repealed.

SB708, s. 15 Section 15. 49.79 (7m) of the statutes is created to read:

SB708,11,13 49.79 (7m) Authorized foods. The department shall by rule specify foods that may be purchased with food stamp coupons. The department may not authorize soda water beverages, as defined in s. 97.29 (1) (i), or snack foods, such as potato chips or similar processed food products, to be purchased with food stamp coupons. The department shall require that food stamp coupons be used to purchase a lower-priced brand of a food item if similar food items are available in lower-priced and higher-priced brands.

SB708, s. 16 Section 16. 49.79 (10) of the statutes is created to read:

SB708,11,22 49.79 (10) Waiver for implementation. Notwithstanding sub. (7m) and s. 49.795 (6m) and (8) (g), if the department determines that it may not implement the requirements under sub. (7m) or impose the penalty under s. 49.795 (8) (g) for a violation of s. 49.795 (6m) without a federal waiver, the department shall request a waiver from the secretary of the federal department of agriculture, if such a waiver may be requested under federal law, and may not implement the requirements under sub. (7m) or impose the penalty under s. 49.795 (8) (g) for a violation of s. 49.795 (6m) unless both of the following are satisfied:

SB708,11,23 (a) The waiver may be requested under federal law.

SB708,11,24 (b) The waiver is granted and in effect.

SB708, s. 17 Section 17. 49.795 (6m) of the statutes is created to read:

SB708,12,4 49.795 (6m) No person may spend the night in the home of a member of a household certified as eligible for the food stamp program unless that person's income is considered in determining the eligibility of the household for the food stamp program.

SB708, s. 18 Section 18. 49.795 (8) (a) (intro.) of the statutes is amended to read:

SB708,12,7 49.795 (8) (a) (intro.) For Except as provided in par. (g), for a first offense under this section:

SB708, s. 19 Section 19. 49.795 (8) (b) (intro.) of the statutes is amended to read:

SB708,12,10 49.795 (8) (b) (intro.) For Except as provided in par. (g), for a 2nd or subsequent offense under this section:

SB708, s. 20 Section 20. 49.795 (8) (c) of the statutes is amended to read:

SB708,12,14 49.795 (8) (c) For Except as provided in par. (g), for any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section is guilty of a Class G felony.

SB708, s. 21 Section 21. 49.795 (8) (g) of the statutes is created to read:

SB708,12,17 49.795 (8) (g) Any person who violates sub. (6m) is guilty of a Class A misdemeanor and subject to the penalty under s. 939.51 (3) (a).

SB708, s. 22 Section 22. 49.842 of the statutes is created to read:

SB708,12,19 49.842 Drug testing for eligibility. (1) Definitions. In this section:

SB708,12,21 (a) "Applicant" means an individual who applies for assistance under any assistance program under this chapter.

SB708,12,25 (b) "Assistance program under this chapter" means any program administered by the department of health services or the department of children and families under this chapter under which the department administering the program provides services, benefits, or other assistance.

SB708,13,1 (c) "Controlled substance" has the meaning given in 21 USC 802 (6).

SB708,13,3 (d) "Recipient" means an individual who is receiving services, benefits, or other assistance under an assistance program under this chapter.

SB708,13,8 (2) Drug test required. Notwithstanding any other eligibility requirements specified in this chapter, to the extent permitted under federal law, an applicant or a recipient shall, as a condition of eligibility or continued eligibility, be required to submit to a test for the use of a controlled substance. If the test results are positive, the applicant or recipient shall be ineligible for any assistance program.

SB708, s. 23 Section 23. 66.1204 of the statutes is created to read:

SB708,13,13 66.1204 Limitations on eligibility. (1) (a) In its role under 42 USC 1437f as a public housing agency, as defined in 24 CFR 982.4 (b), an authority may not provide assistance payments to any person unless the person satisfies one of the following:

SB708,13,14 1. The person is disabled, as defined in s. 49.468 (1) (a) 1.

SB708,13,15 2. The person is age 62 or older.

SB708,13,19 (b) An authority shall ensure that all of the following requirements are satisfied in connection with housing or housing assistance provided directly or indirectly by the authority, or by a state public body with which it contracts, to any person of low income:

SB708,13,25 1. Any housing provided to a person of low income shall be restricted to housing in which the square footage is less than 50 percent of the average square footage for a rental unit of average rental value in the county in which the person of low income resides. In order to satisfy the requirements of this subdivision, the authority may require that more than two unrelated persons of low income be housed in one housing unit.

SB708,14,4 2. a. Except as provided in subd. 2. b., no person or family with assets that exceed $2,000 in combined equity value or with a vehicle having an equity value of $10,000 or greater shall be eligible for housing or housing assistance under this subchapter.

SB708,14,6 b. Subdivision 2. a. does not apply to any person who is disabled, as defined in s. 49.468 (1) (a) 1., or is aged 62 or older.

SB708,14,12 3. a. Except as provided in subd. 3. b., no adult, as defined in s. 48.02 (1d), may spend the night in the home of any person of low income who receives housing or housing assistance in or from any project or program under this subchapter if the income of that adult was not considered in determining the eligibility of the person to receive housing or housing assistance. Any person who violates this subd. 3. a. is guilty of a Class A misdemeanor and subject to the penalty under s. 939.51 (3) (a).

SB708,14,14 b. Subdivision 3. a. does not apply to any person who is disabled, as defined in s. 49.468 (1) (a) 1., or is aged 62 or older.

SB708,14,22 (2) If an authority determines it may not implement the limitations on eligibility and housing under sub. (1) or impose the penalty under sub. (1) (b) 3. a. without a waiver from the federal department of housing and urban development and that such a waiver may be requested under federal law, the authority shall request a waiver. If a waiver that is consistent with sub. (1) is granted and in effect, an authority shall implement the limitations on eligibility and housing under sub. (1). An authority may not implement any limitation under sub. (1) for which a waiver is required unless a waiver as to that limitation is granted and in effect.

SB708, s. 24 Section 24. 71.05 (23) (b) 2. of the statutes is amended to read:

SB708,15,3 71.05 (23) (b) 2. An exemption of $700 $2,200 for each individual for whom the taxpayer is entitled to an exemption for the taxable year under section 151 (c) of the Internal Revenue Code.

SB708, s. 25 Section 25. 71.07 (9e) (h) of the statutes is created to read:

SB708,15,6 71.07 (9e) (h) For taxable years beginning after December 31, 2010, no new claims for a credit under this subsection may be filed.

SB708, s. 26 Section 26. 119.23 (2) (a) 1. of the statutes is repealed.

SB708, s. 27 Section 27. 234.03 (intro.) of the statutes is amended to read:

SB708,15,14 234.03 Powers of authority. (intro.) The Subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, the authority shall have all the powers necessary or convenient to implement this chapter, including the following powers in connection with its projects or programs, in addition to all other powers granted by this chapter:

SB708, s. 28 Section 28. 234.038 of the statutes is created to read:

SB708,15,20 234.038 Limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income. (1) (a) In its role under 42 USC 1437f as a public housing agency, as defined in 24 CFR 982.4 (b), the authority may not provide assistance payments to any person unless the person satisfies one of the following:

SB708,15,21 1. The person is disabled, as defined in s. 49.468 (1) (a) 1.

SB708,15,22 2. The person is aged 62 or older.

SB708,16,2 (b) The authority shall ensure that all of the following requirements are satisfied in connection with housing or housing assistance provided directly or indirectly by the authority or by an eligible sponsor, housing corporation, financial institution, limited profit entity, or nonprofit corporation to persons and families of low and moderate income:

SB708,16,8 1. Any housing provided to a person or family of low or moderate income shall be restricted to housing in which the square footage is less than 50 percent of the average square footage for a rental unit of average rental value in the county in which the person or family resides. In order to satisfy the requirements of this subdivision, the authority may require that more than 2 unrelated persons or families of low or moderate income be housed in one housing unit.

SB708,16,12 2. a. Except as provided in subd. 2. b., no person or family with assets that exceed $2,000 in combined equity value or with a vehicle having an equity value of $10,000 or greater shall be eligible for housing or housing assistance under this chapter.

SB708,16,14 b. Subdivision 2. a. does not apply to any person who is disabled, as defined in s. 49.468 (1) (a) 1., or is aged 62 or older.

SB708,16,21 3. a. Except as provided in subd. 3. b., no adult, as defined in s. 48.02 (1d), may spend the night in the home of any person or family of low or moderate income that receives housing or housing assistance in or from any project or program under this chapter if the income of that adult was not considered in determining the eligibility of the person or family to receive housing or housing assistance. Any person who violates this subd. 3. a. is guilty of a Class A misdemeanor and subject to the penalty specified in s. 939.51 (3) (a).

SB708,16,23 b. Subdivision 3. a. does not apply to any person who is disabled, as defined in s. 49.468 (1) (a) 1., or is aged 62 or older.

SB708,17,6 (2) If the authority determines it may not implement the limitations on eligibility and housing under sub. (1) or impose the penalty under sub. (1) (b) 3. a. without a waiver from the federal department of housing and urban development and that such a waiver may be requested under federal law, the authority shall request a waiver. If a waiver that is consistent with sub. (1) is granted and in effect, the authority shall implement the limitations on eligibility and housing under sub. (1). The authority may not implement any limitation under sub. (1) for which a waiver is required unless a waiver as to that limitation is granted and in effect.

SB708, s. 29 Section 29. 234.04 (1) of the statutes is amended to read:

SB708,17,15 234.04 (1) The Subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, the authority may make or participate in the making of construction loans to eligible sponsors of housing projects for the construction or rehabilitation of housing for persons and families of low and moderate income. Such loans shall be made only upon the determination by the authority that construction loans are not otherwise available from private lenders upon reasonably equivalent terms and conditions.

SB708, s. 30 Section 30. 234.04 (2) of the statutes is amended to read:

SB708,18,8 234.04 (2) The Subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, the authority may make or participate in the making and enter into commitments for the making of long-term mortgage loans to eligible sponsors of housing projects for occupancy by persons and families of low and moderate income, or for the making of homeownership mortgage loans or housing rehabilitation loans or loans for the refinancing of qualified subprime loans under s. 234.592 to persons and families of low and moderate income, an applicant under s. 234.59 or 234.592, or other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon the determination by the authority that they are not otherwise available from private lenders upon reasonably equivalent terms and conditions. The authority may not make a loan to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the authority a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a). The authority may employ, for such compensation as it determines, the services of any financial institution in connection with any loan.

SB708, s. 31 Section 31. 234.04 (3) of the statutes is amended to read:

SB708,18,19 234.04 (3) The Subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, the authority may make or participate in the making and enter into commitments for the making of loans to any banking institution, savings bank, savings and loan association or credit union organized under the laws of this or any other state or of the United States having an office in this state, if the authority first determines that the proceeds of such loans will be utilized for the purpose of making long-term mortgage loans to persons or families of low and moderate income, or for the purpose of providing residential housing for occupancy by persons or families of low and moderate income, or for the purpose of making housing rehabilitation loans.

SB708, s. 32 Section 32. 234.06 (1) of the statutes is amended to read:

SB708,19,6 234.06 (1) The Subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, the authority may, as authorized in the state housing strategy plan under s. 560.9802, use the moneys held in the housing development fund to make temporary loans to eligible sponsors, with or without interest, and with such security for repayment, if any, as the authority determines reasonably necessary and practicable, solely from the housing development fund, to defray development costs for the construction of proposed housing projects for occupancy by persons and families of low and moderate income. No temporary loan may be made unless the authority may reasonably anticipate that satisfactory financing may be obtained by the eligible sponsor for the permanent financing of the housing project.

SB708, s. 33 Section 33. 234.06 (3) of the statutes is amended to read:

SB708,19,19 234.06 (3) The Subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, the authority may, as authorized in the state housing strategy plan under s. 560.9802, use the moneys held in the housing development fund to establish and administer programs of grants to counties, municipalities and eligible sponsors of housing projects for persons of low and moderate income, to pay organizational expenses, administrative costs, social services, technical services, training expenses or costs incurred or expected to be incurred by counties, municipalities or sponsors for land and building acquisition, construction, improvements, renewal, rehabilitation, relocation or conservation under a plan to provide housing or related facilities, if the costs are not reimbursable from other private or public loan, grant or mortgage sources.

SB708, s. 34 Section 34. 234.49 (2) (a) (intro.) of the statutes is amended to read:

SB708,19,24 234.49 (2) (a) (intro.) The Subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, the authority has the following powers for the purpose of implementing this section, in addition to all other powers granted by this chapter:

SB708, s. 35 Section 35. 234.59 (2) (intro.) of the statutes is amended to read:

SB708,20,6 234.59 (2) Powers and duties of the authority. (intro.) The authority shall, subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, establish and administer a homeownership mortgage loan program to encourage homeownership and to facilitate the acquisition or rehabilitation of eligible property by applicants. To implement the program, the authority:

SB708, s. 36 Section 36. 234.592 (2) (intro.) of the statutes is amended to read:

SB708,20,13 234.592 (2) Powers and duties of the authority. (intro.) The authority shall, subject to the limitations on eligibility for projects or programs and housing benefitting persons and families of low and moderate income under s. 234.038, establish and administer a qualified subprime loan refinancing program to encourage homeownership and to facilitate the retention of eligible property by applicants. To implement the program, the authority:

SB708, s. 37 Section 37. 560.9803 (1) (a) of the statutes is amended to read:

SB708,20,18 560.9803 (1) (a) Subject to sub. (2) and the limitations on eligibility and housing under sub. (2m), make grants or loans, directly or through agents designated under s. 560.9804, from the appropriation under s. 20.143 (2) (b) to persons or families of low or moderate income to defray housing costs of the person or family.