16.24(7m)(a)1.
1. The individual named as the beneficiary in a contract under
sub. (3) wishes to use the tuition unit for the payment of tuition in a year other than the anticipated academic year of attendance, as specified in the contract.
16.24(7m)(a)2.
2. The individual named as the beneficiary in a contract under
sub. (3), or the person who entered into the contract, wishes to receive a refund under
sub. (7) in a year other than the anticipated academic year of the beneficiary's attendance, as specified in the contract.
16.24(7m)(b)
(b) The department may not increase the value of a tuition unit under
par. (a) to an amount that exceeds the value of a tuition unit that was purchased at a similar time, held for a similar period and used or refunded in the anticipated academic year of the beneficiary's attendance, as specified in the contract.
16.24(7m)(c)
(c) The department may promulgate rules imposing or increasing penalties for refunds under
sub. (7) (a) if the department determines that such rules are necessary to maintain the status of the program under this section as a qualified state tuition program under section
529 of the Internal Revenue Code, as defined in
s. 71.01 (6).
16.24(8)
(8) Exemption from garnishment, attachment and execution. Moneys deposited in the tuition trust fund and a beneficiary's right to the payment of tuition under this section are not subject to garnishment, attachment, execution or any other process of law.
16.24(9)
(9) Contract with actuary. The department shall contract with an actuary or actuarial firm to evaluate annually whether the assets in the tuition trust fund are sufficient to meet the obligations of the department under this section and to advise the department on setting the price of a tuition unit under
sub. (2) (b).
16.24(10)(a)(a) Annually, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under
s. 13.172 (3), on the program under this section. The report shall include any recommendations for changes to the program that the department determines are necessary to ensure the sufficiency of the tuition trust fund to meet the department's obligations under this section.
16.24(10)(b)
(b) The department shall submit a quarterly report to the state investment board projecting the future cash flow needs of the tuition trust fund. The state investment board shall invest moneys held in the tuition trust fund in investments with maturities and liquidity that are appropriate for the needs of the fund as reported by the department in its quarterly reports. All income derived from such investments shall be credited to the fund.
16.24(10m)
(10m) Repayment to general fund. The secretary shall transfer from the tuition trust fund to the general fund an amount equal to the amount encumbered from the appropriation under
s. 20.505 (9) (a) when the secretary determines that funds in the tuition trust fund are sufficient to make the transfer. The secretary may make the transfer in instalments.
16.24(11)(a)(a) Nothing in this section guarantees an individual's admission to, retention by or graduation from any institution of higher education.
16.24(11)(b)
(b) The requirements to pay tuition under
sub. (5) and to make refunds under
sub. (7) are subject to the availability of sufficient assets in the tuition trust fund.
16.24(12)
(12) Additional department duties and powers. 16.24(12)(a)(a) The department shall do all of the following:
16.24(12)(a)1.
1. Annually publish a list of the institutions of higher education located in this state and the number of tuition units necessary to pay for one year of full-time attendance as a resident undergraduate at each institution.
16.24(12)(a)3.
3. Promulgate rules to implement and administer this section.
16.24(12)(b)
(b) The department may do any of the following:
16.24(12)(b)1.
1. Contract with any person for the management and operation of the program or any part of the program under this section.
16.24(12)(b)2.
2. Keep personal and financial information pertaining to a purchaser of tuition units or a beneficiary of tuition units closed to the public.
16.24(13)
(13) Program termination. If the department determines that the program under this section is financially infeasible, the department shall discontinue entering into tuition prepayment contracts under
sub. (3) and discontinue selling tuition units under
sub. (4).
16.24 History
History: 1995 a. 403;
1997 a. 27,
158.
HOUSING ASSISTANCE
16.30
16.30
Definitions. In this subchapter:
16.30(1)
(1) "Community-based organization" means an organization operating in a specific geographic area that is organized primarily to provide housing opportunities for persons or families of low or moderate income, and that is one of the following:
16.30(1)(c)
(c) A federally recognized American Indian tribe or band in this state or an entity established by a federally recognized American Indian tribe or band.
16.30(2)
(2) "Housing authority" means any of the following:
16.30(2)(c)
(c) A housing authority organized by the elected governing body of a federally recognized American Indian tribe or band in this state.
16.30(3)
(3) "Housing costs" means whichever of the following applies:
16.30(3)(a)
(a) For housing occupied by the owner, any of the following:
16.30(3)(a)1.
1. The principal and interest on a mortgage loan that finances the purchase of the housing.
16.30(3)(a)2.
2. Closing costs and other costs associated with a mortgage loan.
16.30(3)(a)7.
7. If the housing is owned and occupied by members of a cooperative, fees paid to a person for managing the housing.
16.30(3)(b)
(b) For rented housing, any of the following:
16.30(3)(b)3.
3. Utility-related costs, if not included in the rent.
16.30(6)
(6) "Utility-related costs" means costs related to power, heat, gas, light, water and sewerage.
16.31
16.31
State housing strategy plan. 16.31(1)(a)(a) The department shall prepare a comprehensive 5-year state housing strategy plan. The department shall submit the plan to the federal department of housing and urban development.
16.31(1)(b)
(b) In preparing the plan, the department may obtain input from housing authorities, community-based organizations, the private housing industry and others interested in housing assistance and development.
16.31(2)
(2) The state housing strategy plan shall include all of the following:
16.31(2)(a)
(a) A statement of housing policies and recommendations.
16.31(2)(b)
(b) An evaluation and summary of housing conditions and trends in this state, including housing stock and housing cost analyses, general population and household composition demographic analyses and housing and demographic forecasts.
16.31(2)(c)
(c) An evaluation of housing assistance needs, based in part on the evaluation under
par. (b).
16.31(2)(d)
(d) A discussion of major housing issues, including housing production, housing and neighborhood conservation, housing for persons with special needs, fair housing and accessibility and housing affordability.
16.31(2)(e)
(e) Housing policies that set the general framework for this state's housing efforts.
16.31(2)(f)
(f) Strategies for utilizing federal funding and for coordinating federal and state housing efforts.
16.31(2)(g)
(g) Specific recommendations for public and private action that contribute to the attainment of housing policies under the plan.
16.31(3)
(3) The department shall annually update the state housing strategy plan.
16.31(4)
(4) Before October 1 of each year, the department shall submit the state housing strategy plan to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
16.31 History
History: 1991 a. 39;
1997 a. 27.
16.33
16.33
Housing cost grants and loans. 16.33(1)
(1) The department shall do all of the following:
16.33(1)(a)
(a) Subject to
sub. (2), make grants or loans, directly or through agents designated under
s. 16.334, from the appropriation under
s. 20.505 (7) (b) to persons or families of low or moderate income to defray housing costs of the person or family.
16.33(1)(b)
(b) Determine the rate of interest, repayment terms or any other term of a loan made under this section.
16.33(1)(c)
(c) Set minimum standards for housing that is occupied by a person or family of low or moderate income who receives a grant or loan under this section.
16.33(2)
(2) In connection with grants and loans under
sub. (1), the department shall do all of the following:
16.33(2)(a)
(a) Base the amount of the grant or loan on the ratio between the recipient's housing costs and income.
16.33(2)(c)
(c) Ensure that the funds for the grants and loans are reasonably balanced among geographic areas of this state.
16.33(2)(d)
(d) Ensure that the funds for the grants and loans are reasonably balanced among the varying housing needs of persons or families of low or moderate income.
16.33(2)(e)
(e) Give priority for grants and loans to all of the following:
16.33(2)(e)5.
5. Families in which at least one minor child but only one parent live together.
16.33(2)(e)6.
6. Families with 4 or more minor children living together.
16.33(2)(e)7.
7. Other persons or families that the department determines have particularly severe housing problems.
16.33(3)(a)(a) The department may make grants or loans under
sub. (1) (a) directly or through agents designated under
s. 16.334.
16.33(3)(b)
(b) The department may administer and disburse funds from a grant or loan under
sub. (1) (a) on behalf of the recipient of the grant or loan.
16.33 History
History: 1989 a. 31;
1991 a. 39.
16.334
16.334
Designated agents. 16.334(1)(1) The department may enter into an agreement with an agent designated under
sub. (2) to allow the designated agent to do any of the following:
16.334(1)(b)
(b) Disburse the funds for grants and loans to persons or families of low or moderate income on terms approved by the department.
16.334(1)(c)
(c) On terms approved by the department, administer and disburse funds from a grant or loan under
s. 16.33 on behalf of the recipient of the grant or loan.
16.334(2)
(2) The department may designate any of the following as agents:
