Amendment AA1-SB70

SB70-AA1,212,3 20.505 (7) (bp) Housing quality standards grants. The amounts in the schedule for housing quality standards grants under s. 16.3077.”.

SB70-AA1,212,4 156. Page 374, line 11: after that line insert:

SB70-AA1,212,5 “ Section 402. 70.11 (38v) of the statutes is created to read:

SB70-AA1,212,10 70.11 (38v) Wisconsin Housing and Economic Development Authority headquarters. Land and buildings on that land owned by the Wisconsin Housing and Economic Development Authority and used exclusively as either the corporate headquarters of the Wisconsin Housing and Economic Development Authority or the parking facilities associated with those headquarters.

SB70-AA1,9337 Section 9337. Initial applicability; Revenue.

SB70-AA1,212,13 (1k) WHEDA headquarters. The treatment of s. 70.11 (38v) first applies to the property tax assessments as of January 1, 2023.”.

SB70-AA1,212,14 157. Page 374, line 11: after that line insert:

SB70-AA1,212,15 “ Section 403. 231.02 (2) of the statutes is amended to read:

SB70-AA1,213,7 231.02 (2) The authority shall appoint an executive director and associate executive director who shall not be members of the authority and who shall serve at the pleasure of the authority. They shall receive such compensation as the authority fixes, except that the compensation of the executive director shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 6 and the compensation of each other employee of the authority shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 3. The executive director or associate executive director or other person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or associate executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

SB70-AA1,404 Section 404. 234.02 (3) of the statutes is amended to read:

SB70-AA1,213,22 234.02 (3) The governor shall appoint a public member as the chairperson of the authority for a one-year term beginning on the expiration of the term of the chairperson's predecessor. The authority shall elect a vice chairperson. The governor shall nominate, and with the advice and consent of the senate appoint, the executive director of the authority, to serve a 2-year term. The authority shall employ the executive director so appointed, legal and technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation, all notwithstanding subch. II of ch. 230, except that s. 230.40 shall apply, and except that the compensation of any employee of the authority shall not exceed the maximum of the executive salary group range established under s. 20.923 (1) for positions assigned to executive salary group 6. The authority may delegate any of its powers or duties to its employees with the consent of the executive director or to its agents.”.

SB70-AA1,213,23 158. Page 374, line 11: after that line insert:

SB70-AA1,214,2 “ Section 405. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA1,406 Section 406. 20.490 (6) (a) of the statutes is created to read:

SB70-AA1,214,7 20.490 (6) Workforce housing rehabilitation. (a) Workforce housing rehabilitation fund. As a continuing appropriation, the amounts in the schedule to be transferred to the workforce housing rehabilitation fund under s. 234.043 for the purposes of that fund.

SB70-AA1,407 Section 407. 234.043 of the statutes is created to read:

SB70-AA1,214,17 234.043 Workforce housing rehabilitation fund. There is established under the jurisdiction and control of the authority, for the purpose of providing workforce housing rehabilitation loans under s. 234.045, a workforce housing rehabilitation fund. The authority may use moneys in the fund to cover actual and necessary expenses incurred to accomplish the purposes of this section and s. 234.045. At its discretion, the authority may also use moneys in the fund to pay costs associated with marketing its programs and services to the public, including by use of housing navigators. The workforce housing rehabilitation fund shall consist of all of the following:

SB70-AA1,214,18 (1) All moneys appropriated to the authority under s. 20.490 (6) (a).

SB70-AA1,214,19 (2) All moneys received from the repayment of loans provided under s. 234.045.

SB70-AA1,215,3 (3) All income from the investment of moneys in the workforce housing rehabilitation fund by the authority under s. 234.03 (18). All such investments shall be the exclusive property of the fund.

SB70-AA1,215,5 (4) All moneys received by the authority for the workforce housing rehabilitation fund from any other source.

SB70-AA1,408 Section 408. 234.045 (1) (intro.) of the statutes is amended to read:

SB70-AA1,215,11 234.045 (1) Definition. (intro.) In this section, “eligible rehabilitation” means an improvement to housing to maintain the housing in a decent, safe, and sanitary condition or to restore it to that condition if the improvement is the removal of lead paint or constitutes a structural or safety improvement, as determined by the authority, including any of the following:

SB70-AA1,409 Section 409. 234.045 (2) (a) (intro.) of the statutes is amended to read:

SB70-AA1,215,15 234.045 (2) (a) (intro.) From the workforce housing rehabilitation loan fund, the authority may make a loan to a person applying for the loan to pay for the cost of eligible rehabilitation to the applicant's home if all of the following apply:

SB70-AA1,410 Section 410. 234.045 (2) (a) 2. of the statutes is amended to read:

SB70-AA1,215,19 234.045 (2) (a) 2. The applicant's home is a single-family residence that serves as the primary residence of the applicant occupies and that was constructed before 1980.

SB70-AA1,411 Section 411. 234.045 (2) (a) 3. of the statutes is amended to read:

SB70-AA1,216,2 234.045 (2) (a) 3. The applicant agrees to the terms of the loan, as determined by the authority. The loan terms may include a requirement to repay the loan by making monthly principal and interest payments so that the loan is fully repaid within a given term; a requirement to repay the loan, including all interest, upon the applicant selling or otherwise transferring title to the residence to another person or upon the applicant and his or her family vacating the residence; and any other terms determined by the authority.

SB70-AA1,412 Section 412. 234.045 (2) (c) of the statutes is created to read:

SB70-AA1,216,6 234.045 (2) (c) The authority may defer the repayment or forgive the outstanding balance of any loan made under par. (a) according to criteria established by the authority.

SB70-AA1,413 Section 413. 234.53 (2) of the statutes is amended to read:

SB70-AA1,216,13 234.53 (2) Except as provided in sub. (2m) and s. 234.045, the authority shall use moneys in the fund for the purpose of purchasing housing rehabilitation loans or for funding commitments for loans to lenders for housing rehabilitation loans. All disbursements of funds under this subsection for purchasing such loans shall be made payable to an authorized lender, as defined in s. 234.49 (1) (b), or a duly authorized agent thereof.

SB70-AA1,414 Section 414. 234.55 (1) of the statutes is amended to read:

SB70-AA1,217,3 234.55 (1) The authority shall establish the housing rehabilitation loan program bond redemption fund. All housing rehabilitation loans purchased with moneys from the housing rehabilitation loan fund or notes evidencing loans to lenders from such fund for housing rehabilitation loans shall be the exclusive property of such redemption fund. All moneys received from the repayment of such loans, any amounts transferred by the authority to such fund pursuant to s. 234.52 or from other funds or sources, any federal insurance or guarantee payments with respect to such loans, all moneys resulting from the sale of bonds for the purpose of refunding outstanding housing rehabilitation bonds unless credited to the housing rehabilitation loan program capital reserve fund, any other moneys which may be available to the authority for the purpose of such fund, and all moneys received from the repayment of loans provided under ss. 234.045 and s. 234.53 (2m) shall be deposited into such fund to be used for the repayment of housing rehabilitation bonds issued under the authority of s. 234.50.”.

SB70-AA1,217,4 159. Page 374, line 11: after that line insert:

SB70-AA1,217,6 “ Section 415. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA1,416 Section 416. 20.437 (1) (es) of the statutes is created to read:

SB70-AA1,217,9 20.437 (1) (es) Kinship care; flexible support. The amounts in the schedule for flexible support for a kinship care provider under s. 48.57 (3m) (as).

SB70-AA1,417 Section 417. 20.437 (2) (d) of the statutes is created to read:

SB70-AA1,217,12 20.437 (2) (d) Child care partnership grant program. The amounts in the schedule for the grants under s. 49.132.

SB70-AA1,418 Section 418. 20.437 (2) (c) of the statutes is created to read:

SB70-AA1,217,15 20.437 (2) (c) Child care quality improvement program. The amounts in the schedule for the program under s. 49.133.

SB70-AA1,419 Section 419. 48.02 (12c) of the statutes is created to read:

SB70-AA1,218,3 48.02 (12c) “Like-kin” means a person who has a significant emotional relationship with a child or the child's family and to whom any of the following applies:

SB70-AA1,218,6 (a) Prior to the child's placement in out-of-home care, the person had an existing relationship with the child or the child's family that is similar to a familial relationship.

SB70-AA1,218,10 (b) During the child's placement in out-of-home care, the person developed a relationship with the child or the child's family that is similar to a familial relationship, and the person is not and has not previously been the child's licensed foster parent.

SB70-AA1,218,12 (c) For an Indian child, “like-kin” includes individuals identified by the child's tribe according to tribal tradition, custom or resolution, code, or law.

SB70-AA1,420 Section 420. 48.02 (15) of the statutes is amended to read:

SB70-AA1,218,24 48.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, first cousin once removed, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member, as defined in s. 48.028 (2) (am), whether by blood, marriage, or adoption, including adoption under tribal law or custom. For purposes of placement of a child, “relative" also includes a parent of a sibling of the child who has legal custody of that sibling.

SB70-AA1,421 Section 421. 48.028 (2) (e) of the statutes is amended to read:

SB70-AA1,219,9 48.028 (2) (e) “Out-of-home care placement" means the removal of an Indian child from the home of his or her parent or Indian custodian for temporary placement in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, or in the home of a guardian, from which placement the parent or Indian custodian cannot have the child returned upon demand. “Out-of-home care placement" does not include an adoptive placement, a preadoptive placement, a delegation of powers, as described in par. (d) 5., an emergency change in placement under s. 48.357 (2) (b), or holding an Indian child in custody under ss. 48.19 to 48.21.

SB70-AA1,422 Section 422. 48.028 (2) (f) of the statutes is amended to read:

SB70-AA1,219,16 48.028 (2) (f) “Preadoptive placement" means the temporary placement of an Indian child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in the home of a guardian after a termination of parental rights but prior to or in lieu of an adoptive placement. “Preadoptive placement" does not include an emergency change in placement under s. 48.437 (2).

SB70-AA1,423 Section 423. 48.207 (1) (b) of the statutes is amended to read:

SB70-AA1,219,25 48.207 (1) (b) The home of a relative or like-kin, except that a child may not be held under this paragraph in the home of a relative if the relative person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

SB70-AA1,424 Section 424. 48.207 (1) (f) of the statutes is amended to read:

SB70-AA1,220,5 48.207 (1) (f) The home of a person not a relative or like-kin, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a license under s. 48.62 refused, revoked, or suspended within the last 2 years.

SB70-AA1,425 Section 425. 48.33 (4) (intro.) of the statutes is amended to read:

SB70-AA1,220,13 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement shall be in writing and shall include all of the following:

SB70-AA1,426 Section 426. 48.335 (3g) (intro.) of the statutes is amended to read:

SB70-AA1,220,20 48.335 (3g) (intro.) At hearings under this section, if the agency, as defined in s. 48.38 (1) (a), is recommending placement of the child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement, the agency shall present as evidence specific information showing all of the following:

SB70-AA1,427 Section 427. 48.335 (3j) (intro.) of the statutes is amended to read:

SB70-AA1,221,2 48.335 (3j) (intro.) At hearings under this section involving an Indian child, if the agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child from the home of his or her parent or Indian custodian and placement of the Indian child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or in the home of like-kin, the agency shall present as evidence specific information showing all of the following:

SB70-AA1,428 Section 428. 48.345 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA1,221,8 48.345 (3) (a) (intro.) The home of a parent or, other relative, or like-kin of the child, except that the judge may not designate any of the following as the child's placement, unless the judge determines by clear and convincing evidence that the placement would be in the best interests of the child or, in the case of an Indian child, the best interests of the Indian child as described in s. 48.01 (2):

SB70-AA1,429 Section 429. 48.345 (3) (a) 1. of the statutes is amended to read:

SB70-AA1,221,15 48.345 (3) (a) 1. The home of a parent or, other relative, or like-kin if the parent or, other relative, or like-kin has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated. In determining whether a placement under this subdivision would be in the best interests of the child, the judge shall consider the wishes of the child.

SB70-AA1,430 Section 430. 48.345 (3) (a) 2. of the statutes is amended to read:

SB70-AA1,221,23 48.345 (3) (a) 2. The home of a relative other than the parent of a child or the home of like-kin if the judge finds that the relative or like-kin has been convicted of, has pleaded no contest to, or has had a charge dismissed or amended as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state.

SB70-AA1,431 Section 431. 48.345 (4) (a) of the statutes is amended to read:

SB70-AA1,221,25 48.345 (4) (a) A relative or like-kin of the child.

SB70-AA1,432 Section 432. 48.355 (4) (b) (intro.) of the statutes is amended to read:

SB70-AA1,222,8 48.355 (4) (b) (intro.) Except as provided under s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement shall terminate on the latest of the following dates, unless the judge specifies a shorter period or the judge terminates the order sooner:

SB70-AA1,433 Section 433. 48.366 (1) (a) of the statutes is amended to read:

SB70-AA1,222,15 48.366 (1) (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement under an order under s. 48.355, 48.357, or 48.365 that terminates as provided in s. 48.355 (4) (b) 1., 2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age.

SB70-AA1,434 Section 434. 48.371 (1) (intro.) of the statutes is amended to read:

SB70-AA1,222,25 48.371 (1) (intro.) If a child is placed in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or in the home of like-kin, including a placement under s. 48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, relative, like-kin, or operator of the group home or residential care center for children and youth at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

SB70-AA1,435 Section 435. 48.371 (1) (a) of the statutes is amended to read:

SB70-AA1,223,7 48.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the child, as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, like-kin, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s. 252.15 (6).

SB70-AA1,436 Section 436. 48.371 (3) (intro.) of the statutes is amended to read:

SB70-AA1,223,21 48.371 (3) (intro.) At the time of placement of a child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent or in the home of like-kin or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, relative, like-kin, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

SB70-AA1,437 Section 437. 48.371 (3) (d) of the statutes is amended to read:

SB70-AA1,224,6 48.371 (3) (d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, group home, or residential care center for children and youth or in the home of the relative or like-kin.

SB70-AA1,438 Section 438. 48.371 (5) of the statutes is amended to read:

SB70-AA1,224,13 48.371 (5) Except as permitted under s. 252.15 (6), a foster parent, relative, like-kin, or operator of a group home or residential care center for children and youth that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency review concerning the child.

SB70-AA1,439 Section 439. 48.38 (2) (intro.) of the statutes is amended to read:

SB70-AA1,224,24 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, qualifying residential family-based treatment facility with a parent, or supervised independent living arrangement, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a guardian or, a relative other than a parent, or like-kin, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

SB70-AA1,440 Section 440. 48.38 (3m) (a) of the statutes is amended to read: