SB708: Bill Text

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 of the statutes is repealed.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.

SB708, s. 38 Section 38. 560.9803 (2m) of the statutes is created to read:

SB708,20,25 560.9803 (2m) (a) The department shall ensure that all of the following requirements are satisfied in connection with housing, housing costs, utility-related costs, grants, or loans provided, directly or indirectly, under this subchapter by the department or by a community-based organization, housing authority, or designated agent under s. 560.9804 to persons and families of low and moderate income:

SB708,21,6 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 department may require that more than 2 unrelated persons or families of low or moderate income be housed in one housing unit.

SB708,21,10 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, housing costs, or utility-related costs or may benefit from any grants or loans made under this subchapter.

SB708,21,12 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.

SB708,21,20 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, assistance with housing costs, assistance with utility-related costs, or who benefits from any grants or loans made under this subchapter if the income of that adult was not considered in determining the eligibility of the person or family to receive the housing, assistance, or benefits. 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).

SB708,21,22 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.

SB708,22,6 (b) If the department of commerce determines it may not implement the limitations on eligibility and housing under par. (a) or impose the penalty under par. (a) 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 department of commerce shall request a waiver. If a waiver that is consistent with par. (a) is granted and in effect, the department of commerce shall implement the limitations on eligibility and housing under par. (a). The department of commerce may not implement any limitation under par. (a) for which a waiver is required unless a waiver as to that limitation is granted and in effect.

SB708, s. 39 Section 39. 560.9805 (2) (d) of the statutes is created to read:

SB708,22,10 560.9805 (2) (d) The department determines that the grant is consistent with and will not be used in violation of the limitations on eligibility and housing under s. 560.9803 (2m).

SB708, s. 40 Section 40. 560.9806 (2) (a) of the statutes is amended to read:

SB708,22,17 560.9806 (2) (a) From the appropriation under s. 20.143 (2) (fm), the department may award a grant to an eligible applicant for the purpose of providing transitional housing and associated supportive services to homeless individuals and families if the conditions under par. pars. (b) and (c) are satisfied. The department shall ensure that the funds for the grants are reasonably balanced among geographic areas of the state, consistent with the quality of applications submitted.

SB708, s. 41 Section 41. 560.9806 (2) (c) of the statutes is created to read:

SB708,22,21 560.9806 (2) (c) A recipient of a grant under par. (a) shall agree to comply with the limitations on eligibility and housing for persons and families of low and moderate income under s. 560.9803 (2m).

SB708, s. 42 Section 42. Initial applicability.

SB708,23,2 (1) Food stamp violation. The treatment of section 49.795 (6m) and (8) (a) (intro.), (b) (intro.), (c), and (g) of the statutes first applies to violations occurring on the effective date of this subsection or, if the department of health services determines under section 49.79 (10) of the statutes, as created by this act, that a federal waiver is needed, on the first day on which the waiver is granted and in effect.

SB708,23,5 (2) Higher education grants and scholarships. The treatment of sections 36.11 (56), 39.435 (4) (a) and (b), and 39.44 (3) (a) of the statutes first applies to a grant or scholarship awarded for the 2011-12 academic year.

SB708,23,7 (3) Personal exemptions. The treatment of section 71.05 (23) (b) 2. of the statutes first applies to taxable years beginning after December 31, 2010.

SB708,23,14 (4) Eligibility for low-income energy assistance. The treatment of section 16.27 (5) (intro.) and (5m) of the statutes first applies to the eligibility of households applying for low-income energy assistance under section 16.27 (4) of the statutes on the effective date of this subsection or, if the department of administration determines under section 16.27 (5m) (b) of the statutes, as created by this act, that a federal waiver is needed, on the first day on which the waiver is granted and in effect.

SB708,23,18 (5) Eligibility for participation in the Milwaukee parental choice program. The treatment of section 119.23 (2) (a) 1. of the statutes first applies to a pupil attending a private school participating in the program under section 119.23 of the statutes in the 2010-11 school year.

SB708,24,2 (6) Eligibility for housing assistance; commerce. The treatment of sections 560.9803 (1) (a) and (2m), 560.9805 (2) (d), and 560.9806 (2) (a) and (c) of the statutes first applies to housing, housing costs, utility-related costs, grants, or loans provided, directly or indirectly, by the department of commerce to persons and families of low and moderate income on the effective date of this subsection or, if the department of commerce determines under section 560.9803 (2m) (b) of the statutes, as created by this act, that a federal waiver is needed, on the first day on which the waiver is granted and in effect.

SB708,24,7 (7) Violation of eligibility requirements; commerce. The treatment of section 560.9803 (2m) (a) 3. of the statutes first applies to violations occurring on the effective date of this subsection or, if the department of commerce determines under section 560.9803 (2m) (b) of the statutes, as created by this act, that a federal waiver is needed, on the date on which the waiver is granted and in effect.

SB708,24,17 (8) Eligibility for housing assistance; Wisconsin housing and economic development authority. The treatment of sections 234.03 (intro.), 234.038, 234.04 (1), (2), and (3), 234.06 (1) and (3), 234.49 (2) (a) (intro.), 234.59 (2) (intro.), and 234.592 (2) (intro.) of the statutes first applies to assistance payments, housing, housing assistance, grants, or loans provided, directly or indirectly, by the Wisconsin housing and economic development authority to persons and families of low and moderate income on the effective date of this subsection or, if the Wisconsin housing and economic development authority determines under section 234.038 (2) of the statutes, as created by this act, that a federal waiver is needed, on the first day on which the waiver is granted and in effect.

SB708,24,23 (9) Violation of eligibility requirements; Wisconsin housing and economic development authority. The treatment of section 234.038 (1) (b) 3. of the statutes first applies to violations occurring on the effective date of this subsection or, if the Wisconsin housing and economic development authority determines under section 234.038 (2) of the statutes, as created by this act, that a federal waiver is needed, on the first day on which the waiver is granted and in effect.

SB708,25,5 (10) Eligibility for housing assistance; local housing authorities. The treatment of section 66.1204 of the statutes first applies to assistance payments, housing, housing assistance, grants, or loans provided, directly or indirectly, by a housing authority created under subchapter XII of chapter 66 of the statutes to a person of low income on the effective date of this subsection or, if such an authority determines under section 66.1204 (2) of the statutes, as created by this act, that a federal waiver is needed, on the first day on which the waiver is granted and in effect.

SB708,25,9 (11) Drug testing for public assistance. The treatment of sections 49.148 (4), 49.79 (1) (a) and (5), and 48.842 of the statutes first applies to eligibility and continued eligibility determinations that are made on the effective date of this subsection.

SB708,25,10 (End)