Chapter 16

16.298(1)(d) (d) “State agency” means any office, department, agency, institution of higher education, association, society, or other body in state government that is created or authorized to be created by the constitution or any law and is entitled to expend moneys appropriated by law, including any authority, but not including the legislature or the courts.

16.298(2) (2) Contract execution.

16.298(2)(a) (a) The department may contract, including jointly with another state agency, with a service provider for the payment of moneys to the service provider for the provision of eligible services to individuals.

16.298(2)(b) (b) Each pay for success contract shall provide all of the following:

16.298(2)(b)1. 1. That a majority of the total contract payment is conditioned on the service provider achieving performance measures, as specified in the contract, toward the outcome of the contract objectives.

16.298(2)(b)2. 2. A defined objective procedure by which an independent evaluator is required to determine whether the performance measures specified under subd. 1. have been achieved.

16.298(2)(b)3. 3. A schedule of the amounts and timing of payments to be earned by the service provider during each year or other specified period of the contract.

16.298(2)(c) (c) For each pay for success contract, the department may not execute the contract unless all of the following occur first:

16.298(2)(c)1. 1. The department determines that the contract is expected to result in significant performance improvements or significant budgetary savings for the state if the contract objectives specified in the proposed contract are achieved.

16.298(2)(c)2. 2. The department notifies the joint committee on finance in writing of the proposed contract. The notification shall describe in detail the department’s proposal for the contract and shall identify all appropriations from which the department proposes to transfer moneys to the appropriation under s. 20.505 (1) (ko) and the amounts the department proposes to transfer. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department’s notification that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may execute the contract as proposed in its notification, and the secretary may make each proposed transfer. If, within 14 working days after the date of the department’s notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may execute the contract and the secretary may transfer moneys to the appropriation under s. 20.505 (1) (ko) only with the approval of the committee.

16.298(3) (3) Contract payments.

16.298(3)(a) (a) For each pay for success contract, from the appropriation under s. 20.505 (1) (ko), the department shall make payments under sub. (2) (b) 3. subject to the contract terms.

16.298(3)(b) (b) For each pay for success contract, the secretary shall transfer the following moneys, if any, from the appropriation under s. 20.505 (1) (ko) to the appropriation from which the moneys were transferred under sub. (2) (c) 2.:

16.298(3)(b)1. 1. If the contract is terminated or otherwise expires, an amount equal to the amount transferred to the appropriation under s. 20.505 (1) (ko) but not expended under the contract.

16.298(3)(b)2. 2. Any amount the department recovers from a service provider for overpayment under the contract and any amount the department otherwise recovers under the terms of the contract.

16.298(4) (4) Reports.

16.298(4)(a) (a) Upon completion of each pay for success contract, the department shall submit a report to the joint committee on finance and the appropriate standing committees of the legislature under s. 13.172 (3) that describes in detail the performance measures specified for the contract under sub. (2) (b) 1. and the extent to which those performance measures were achieved.

16.298(4)(b) (b) Upon completion of each pay for success contract under which another state agency jointly contracts with the department under sub. (2) (a), the other state agency shall submit to the joint committee on finance and the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes in detail the outcomes of the contract.

16.298(5) (5) Purchasing exemption. A contract is subject to s. 16.765, but is otherwise exempt from subch. IV.

16.298 History History: 2017 a. 267; 2021 a. 238 ss. 44, 45; 2021 a. 267.

16.301 16.301 Definitions. In ss. 16.301 to 16.315:

16.301(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:

16.301(1)(a) (a) A nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

16.301(1)(b) (b) A nonprofit cooperative organized under ch. 185 or 193.

16.301(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.

16.301(2) (2) “Housing authority” means any of the following:

16.301(2)(a) (a) A housing authority organized under s. 59.53 (22), 61.73, 66.1201 or 66.1213 or ch. 234.

16.301(2)(b) (b) A redevelopment authority or housing and community development authority exercising the powers of a housing authority under s. 66.1333 (3) or 66.1335 (4).

16.301(2)(c) (c) A housing authority organized by the elected governing body of a federally recognized American Indian tribe or band in this state.

16.301(3) (3) “Housing costs” means whichever of the following applies:

16.301(3)(a) (a) For housing occupied by the owner, any of the following:

16.301(3)(a)1. 1. The principal and interest on a mortgage loan that finances the purchase of the housing.

16.301(3)(a)2. 2. Closing costs and other costs associated with a mortgage loan.

16.301(3)(a)3. 3. Mortgage insurance.

16.301(3)(a)4. 4. Property insurance.

16.301(3)(a)5. 5. Utility-related costs.

16.301(3)(a)6. 6. Property taxes.

16.301(3)(a)7. 7. If the housing is owned and occupied by members of a cooperative or an unincorporated cooperative association, fees paid to a person for managing the housing.

16.301(3)(b) (b) For rented housing, any of the following:

16.301(3)(b)1. 1. Rent.

16.301(3)(b)3. 3. Utility-related costs, if not included in the rent.

16.301(6) (6) “Utility-related costs” means costs related to power, heat, gas, light, water and sewerage.

16.301 History History: 1989 a. 31; 1991 a. 39; 1995 a. 201; 1997 a. 79; 1999 a. 150 s. 672; 2003 a. 33 s. 151; Stats. 2003 s. 560.9801; 2005 a. 441; 2011 a. 32 s. 3450m; Stats. 2011 s. 16.301; 2013 a. 166.

16.301 Cross-reference Cross-reference: See also ch. Adm 89, Wis. adm. code.

16.302 16.302 State housing strategy plan.

16.302(1) (1) 

16.302(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.

16.302(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.

16.302(2) (2) The state housing strategy plan shall include all of the following:

16.302(2)(a) (a) A statement of housing policies and recommendations.

16.302(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.

16.302(2)(c) (c) An evaluation of housing assistance needs, based in part on the evaluation under par. (b).

16.302(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.

16.302(2)(e) (e) Housing policies that set the general framework for this state’s housing efforts.

16.302(2)(f) (f) Strategies for utilizing federal funding and for coordinating federal and state housing efforts.

16.302(2)(g) (g) Specific recommendations for public and private action that contribute to the attainment of housing policies under the plan.

16.302(2)(h) (h) Strategies and specific recommendations for public and private action that will facilitate the inclusion of bicycle-oriented and pedestrian-oriented design in residential developments and mixed-use developments that include residential elements.

16.302(3) (3) The department shall annually update the state housing strategy plan.

16.302(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).

16.302 History History: 1991 a. 39; 1997 a. 27; 2003 a. 33 s. 152; Stats. 2003 s. 560.9802; 2009 a. 351; 2011 a. 32 s. 3451m; Stats. 2011 s. 16.302.

16.303 16.303 Housing cost grants and loans.

16.303(1) (1) The department shall do all of the following:

16.303(1)(a) (a) Subject to sub. (2), make grants or loans, directly or through agents designated under s. 16.304, 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.

16.303(1)(b) (b) Determine the rate of interest, repayment terms or any other term of a loan made under this section.

16.303(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.

16.303(2) (2) In connection with grants and loans under sub. (1), the department shall do all of the following:

16.303(2)(a) (a) Base the amount of the grant or loan on the ratio between the recipient’s housing costs and income.

16.303(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.

16.303(2)(e) (e) Give priority for grants and loans to all of the following:

16.303(2)(e)1. 1. Homeless individuals and families.

16.303(2)(e)2. 2. Elderly persons.

16.303(2)(e)3. 3. Physically disabled persons.

16.303(2)(e)5. 5. Families in which at least one minor child but only one parent live together.

16.303(2)(e)6. 6. Families with 4 or more minor children living together.

16.303(2)(e)7. 7. Other persons or families that the department determines have particularly severe housing problems.

16.303(3) (3) 

16.303(3)(a) (a) The department may make grants or loans under sub. (1) (a) directly or through agents designated under s. 16.304.

16.303(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.

16.303 History History: 1989 a. 31; 1991 a. 39; 2001 a. 109; 2003 a. 33 s. 153; Stats. 2003 s. 560.9803; 2011 a. 32 s. 3452m; Stats. 2011 s. 16.303; 2017 a. 59.

16.303 Cross-reference Cross-reference: See also ch. Adm 89, Wis. adm. code.

16.304 16.304 Designated agents.

16.304(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:

16.304(1)(a) (a) Award grants and loans under s. 16.303 (1) and (2) subject to the approval of the department.

16.304(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.

16.304(1)(c) (c) On terms approved by the department, administer and disburse funds from a grant or loan under s. 16.303 on behalf of the recipient of the grant or loan.

16.304(2) (2) The department may designate any of the following as agents:

16.304(2)(a) (a) The governing body of a county, city, village or town.

16.304(2)(b) (b) The elected governing body of a federally recognized American Indian tribe or band in this state.

16.304(2)(c) (c) A housing authority.