Low-income energy assistance
Under current law, the Department of Administration administers a program
that provides low-income energy assistance to eligible households, including
households with incomes of less than 60 percent of the statewide median household
income and households composed entirely of individuals receiving Aid to Families
with Dependent Children or Supplemental Security Income. This bill makes
ineligible for low-income energy assistance a household with assets that exceed
$2,000 in cash equity value or a vehicle having an equity value of $10,000 or greater.
Wisconsin Housing and Economic Development Authority low-income
housing assistance
Under current law, the Wisconsin Housing and Economic Development
Authority (WHEDA) administers several programs that provide assistance to
persons and families of low and moderate income to obtain housing. Eligibility for
the programs is established in both the Wisconsin statutes and under federal law,
including the Housing Choice Voucher Program administered by the Federal
Department of Housing and Urban Development (HUD). Funding for these
programs is provided from a number of sources, including bonds issued by WHEDA
under its statutory authority and from the federal government.

This bill requires WHEDA to impose the following limits on eligibility for
families and persons of low and moderate income seeking housing assistance directly
or indirectly through WHEDA:
1. No person may receive housing assistance from HUD through WHEDA
unless the person is disabled or aged 62 or older. The bill defines "disabled" to mean
blind as established under federal law or disabled as established under federal law.
2. Persons or families of low and moderate income who receive housing or
housing assistance directly or indirectly from WHEDA shall be subject to the
following limitations:
a. A person or family of low or moderate income must 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 this requirement, WHEDA may require that more than
two unrelated persons or families of low or moderate income be housed in one
housing unit.
b. With two exceptions, persons or families of low and moderate income with
assets that exceed $2,000 in cash equity value or a vehicle having an equity value of
$10,000 or greater may not receive housing or housing assistance from WHEDA.
This prohibition does not apply to a person who is disabled or aged 62 or older.
c. No adult may spend the night in the home of any person or family of low and
moderate income who receives housing or housing assistance directly or indirectly
from WHEDA if the income of that adult was not considered in determining the
eligibility of the persons and families to receive housing or housing assistance. The
bill defines "adult" as a person who is 18 years of age or older, except that for purposes
of investigating or prosecuting a person who is alleged to have violated any state or
federal criminal law or any civil law or municipal ordinance, "adult" means a person
who has attained 17 years of age. Any person who violates this prohibition is guilty
of a Class A misdemeanor.
If WHEDA determines that it may not implement the limitations and
prohibitions established under the bill without a waiver of federal law from HUD and
that a waiver of federal law is available, WHEDA must apply for and obtain a waiver
from HUD before it may implement the limitations and prohibitions.
Department of Commerce low-income housing assistance
Under current law, the Department of Commerce (Commerce) may make
grants or loans, directly or through agents designated by the department, to persons
or families of low or moderate income to defray housing costs, including utility costs,
and may make grants to community-based organizations, organizations operated
for profit, or housing authorities to improve the ability of these entities to provide
housing opportunities for persons or families of low or moderate income.
This bill requires Commerce to impose limits on eligibility and housing for
families and persons of low and moderate income seeking housing assistance directly
or indirectly through Commerce. Under the requirement, persons or families of low
and moderate income who receive housing or assistance with housing costs,
assistance with utility-related costs, grants, or loans from any project or program

administered by Commerce as described above must be subject to the following
limitations:
1. A person or family of low or moderate income must 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 this requirement, Commerce may require more than two
unrelated persons or families of low or moderate income in one housing unit.
2. With two exceptions, persons or families of low and moderate income with
assets that exceed $2,000 in cash equity value or a vehicle having an equity value of
$10,000 or greater may not receive housing or assistance with housing costs or
utility-related costs, from Commerce. This prohibition does not apply to a person
who is disabled or aged 62 or older.
3. No adult may spend the night in the home of any person or family of low or
moderate income who receives housing or assistance with housing costs or
utility-related costs or who benefits from a housing assistance grant or loan made
by Commerce if the income of that adult was not considered in determining the
eligibility of the person or family to receive housing, assistance, or benefits. Any
person who violates this prohibition is guilty of a Class A misdemeanor.
If Commerce determines that it may not implement the limitations and
prohibitions established under the bill without a waiver of federal law from HUD and
that a waiver of federal law is available, Commerce must apply for and obtain a
waiver from HUD before it may implement the limitations and prohibitions.
Higher education grants and scholarships
Under current law, the Higher Educational Aids Board (HEAB) awards certain
grants based on financial need. Those grants include Wisconsin higher education
grants for students enrolled in public institutions of higher education or tribal
colleges in this state, tuition grants for students enrolled in private institutions of
higher education in this state, and minority undergraduate grants for minority
students enrolled in private institutions of higher education or technical colleges in
this state.
Currently, those grants are awarded based on a formula that accounts for
expected parental and student contributions and that is consistent with nationally
approved needs analysis methodology. Under current federal law setting forth that
needs analysis methodology, parental income and assets for a dependent student
whose parents are divorced or separated is determined by including only the income
and assets of the parent with whom the student resided for the greater portion of the
12-month period preceding the date of the application or, if that criterion does not
apply, only the income and assets of the parent who provided the greater support
during that 12-month period.
This bill requires HEAB, in determining the expected parental contribution for
a student under 22 years of age who is a dependent of his or her parents, to include
in the parental income and assets that are available for that contribution the income
and assets of both of the student's parents. The bill also prohibits the Board of
Regents of the University of Wisconsin System from awarding a scholarship that is
based on financial need to a student under 22 years of age who is a dependent of his

or her parents unless the calculation of the student's financial need includes
consideration of the income and assets of both of the student's parents.
Local housing authorities
Under current law, any city, village, town, or county may create a housing
authority, which may acquire, lease, and operate housing projects for persons of low
income. A housing authority may accept grants from the federal government for any
housing project that the authority undertakes.
This bill requires a local housing authority to impose limits on eligibility for
persons of low income that are similar to the limits on eligibility that WHEDA and
the Department of Commerce are required to impose under the bill.
Taxation
Under federal law, the earned income tax credit (EITC) is a refundable tax
credit for low-income workers. If the amount of the claim exceeds the worker's tax
liability, the claimant receives a check for the excess amount from the Internal
Revenue Service. The amount of the credit for which a claimant is eligible is based,
in part, on whether the claimant has no qualifying children, one qualifying child, or
more than one qualifying child.
Under current law, the refundable Wisconsin EITC may be claimed in an
amount equal to a certain percentage of the federal basic EITC. To be eligible for the
Wisconsin EITC, an individual must have one or more qualifying children. The
Wisconsin EITC is equal to 4 percent of the federal credit if the claimant has one
qualifying child, 14 percent of the federal credit if the claimant has two qualifying
children, and 43 percent of the federal credit if the claimant has three or more
qualifying children.
Under this bill, no new claims under the Wisconsin EITC may be filed for a
taxable year that begins after December 31, 2010.
Under current law, an individual income tax personal exemption exists in the
amount of $700 for each taxpayer who is required to file an income tax return and
$700 for the taxpayer's spouse, except if the spouse is filing separately or as a head
of household. A taxpayer may also claim a $700 exemption for each dependent for
whom he or she is entitled to claim an exemption under the Internal Revenue Code.
In general, an additional exemption of $250 may be claimed by a taxpayer, and
spouse, who has reached the age of 65 before the close of the taxable year to which
his or her tax return relates.
This bill increase the personal exemption for dependents from $700 to $2,200.
Because this bill directly or substantially affects the development,
construction, cost or availability of housing in this state, the Department of
Commerce, as required by law, will prepare a report to be printed as an appendix to
this bill.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB708, s. 1 1Section 1. 16.27 (5) (intro.) of the statutes is amended to read:
SB708,8,42 16.27 (5) Eligibility. (intro.) Subject to the requirements of subs. (4) (b) and
3(8) and except as provided in sub. (5m), the following shall receive low-income energy
4assistance under this section:
SB708, s. 2 5Section 2. 16.27 (5m) of the statutes is created to read:
SB708,8,96 16.27 (5m) Limitations on eligibility. (a) 1. Except as provided in subd. 2, a
7household with assets that exceed $2,000 in combined equity value or with a vehicle
8having an equity value of $10,000 or greater shall not be eligible for low-income
9energy assistance under this section.
SB708,8,1110 2. Subdivision 1. does not apply if any individual member of the household is
11disabled, as defined in s. 49.468 (1) (a) 1., or is aged 62 or older.
SB708,8,2012 (b) If the department of administration determines it may not implement the
13limitation under par. (a) 1. without a waiver from the federal department of health
14and human services and that such a waiver may be requested under federal law, the
15authority shall request a waiver from the secretary of the federal department of
16health and human services. If a waiver that is consistent with par. (a) 1. is granted
17and in effect, the department of administration shall implement the limitation on
18eligibility under par. (a) 1. If a waiver is required, the department of administration
19may not implement the limitation on eligibility under par. (a) 1. unless a waiver is
20granted and in effect.
SB708, s. 3 21Section 3. 36.11 (56) of the statutes is created to read:
SB708,9,4
136.11 (56) Scholarships. The board may not award a scholarship that is based
2in whole or in part on financial need to any student under the age of 22 who is a
3dependent of his or her parents unless the board's calculation of financial need
4includes consideration of the income and assets of both of the student's parents.
SB708, s. 4 5Section 4. 39.435 (4) (a) of the statutes is amended to read:
SB708,9,96 39.435 (4) (a) The board shall award grants under this section based on a
7formula that accounts for expected parental and student contributions and that,
8except as provided in par. (b),
is consistent with generally accepted definitions and
9nationally approved needs analysis methodology.
SB708, s. 5 10Section 5. 39.435 (4) (b) of the statutes is created to read:
SB708,9,1411 39.435 (4) (b) In determining the expected parental contribution for a student
12under 22 years of age who is a dependent of his or her parents, the board shall include
13in the parental income and assets that are available for that contribution the income
14and assets of both of the student's parents.
SB708, s. 6 15Section 6. 39.44 (3) (a) of the statutes is amended to read:
SB708,9,1816 39.44 (3) (a) Award grants to eligible students on the basis of financial need,
17as determined by the board, using the needs analysis methodology used under s.
1839.435
.
SB708, s. 7 19Section 7. 49.148 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is
20repealed.
SB708, s. 8 21Section 8. 49.155 (5) of the statutes is amended to read:
SB708,9,2522 49.155 (5) Liability for payment. An individual is liable for the percentage of
23the cost of the child care specified by the department in a printed copayment
24schedule, except that the department shall require a minimum copayment of $2 per
25hour of child care per child
. An individual who is under the age of 20 and is attending

1high school or participating in a course of study meeting the standards established
2under s. 115.29 (4) for the granting of a declaration of equivalency to high school
3graduation may not be determined liable for more than the minimum copayment
4amount for the type of child care received and the number of children receiving child
5care.
SB708, s. 9 6Section 9. 49.155 (6g) (a) 2. of the statutes, as created by 2009 Wisconsin Act
728
, is amended to read:
SB708,10,98 49.155 (6g) (a) 2. Except as provided in subd. 3. and subject to subd. 5., the
9department shall authorize no more than 12 hours of child care per day per child.
SB708, s. 10 10Section 10. 49.155 (6g) (a) 3. of the statutes, as created by 2009 Wisconsin Act
1128
, is amended to read:
SB708,10,1512 49.155 (6g) (a) 3. The Subject to subd. 5., department may authorize more than
1312 hours, not exceeding 16 hours, of child care per day for a child whose parent
14provides written documentation of work or transportation requirements that exceed
1512 hours in a day.
SB708, s. 11 16Section 11. 49.155 (6g) (a) 5. of the statutes is created to read:
SB708,10,1817 49.155 (6g) (a) 5. The department may not authorize more than 40 hours of
18child care per week for a child.
SB708, s. 12 19Section 12. 49.471 (11c) of the statutes is created to read:
SB708,11,320 49.471 (11c) Deductible and coinsurance. Notwithstanding subs. (10) and
21(11), the department shall require an annual deductible of $500 per family for
22services provided under BadgerCare Plus and coinsurance of at least 5 percent of the
23cost of services received after the deductible has been paid. If the department
24determines that it needs a waiver to require the deductible and coinsurance
25payments under this subsection, the department shall request a waiver from the

1secretary of the federal department of health and human services and may not
2impose the deductible and coinsurance requirements under this subsection unless
3the waiver is granted and in effect.
SB708, s. 13 4Section 13. 49.79 (1) (a) of the statutes is repealed.
SB708, s. 14 5Section 14. 49.79 (5) of the statutes is repealed.
SB708, s. 15 6Section 15. 49.79 (7m) of the statutes is created to read:
SB708,11,137 49.79 (7m) Authorized foods. The department shall by rule specify foods that
8may be purchased with food stamp coupons. The department may not authorize soda
9water beverages, as defined in s. 97.29 (1) (i), or snack foods, such as potato chips or
10similar processed food products, to be purchased with food stamp coupons. The
11department shall require that food stamp coupons be used to purchase a
12lower-priced brand of a food item if similar food items are available in lower-priced
13and higher-priced brands.
SB708, s. 16 14Section 16. 49.79 (10) of the statutes is created to read:
SB708,11,2215 49.79 (10) Waiver for implementation. Notwithstanding sub. (7m) and s.
1649.795 (6m) and (8) (g), if the department determines that it may not implement the
17requirements under sub. (7m) or impose the penalty under s. 49.795 (8) (g) for a
18violation of s. 49.795 (6m) without a federal waiver, the department shall request a
19waiver from the secretary of the federal department of agriculture, if such a waiver
20may be requested under federal law, and may not implement the requirements under
21sub. (7m) or impose the penalty under s. 49.795 (8) (g) for a violation of s. 49.795 (6m)
22unless both of the following are satisfied:
SB708,11,2323 (a) The waiver may be requested under federal law.
SB708,11,2424 (b) The waiver is granted and in effect.
SB708, s. 17 25Section 17. 49.795 (6m) of the statutes is created to read:
SB708,12,4
149.795 (6m) No person may spend the night in the home of a member of a
2household certified as eligible for the food stamp program unless that person's
3income is considered in determining the eligibility of the household for the food
4stamp program.
SB708, s. 18 5Section 18. 49.795 (8) (a) (intro.) of the statutes is amended to read:
SB708,12,76 49.795 (8) (a) (intro.) For Except as provided in par. (g), for a first offense under
7this section:
SB708, s. 19 8Section 19. 49.795 (8) (b) (intro.) of the statutes is amended to read:
SB708,12,109 49.795 (8) (b) (intro.) For Except as provided in par. (g), for a 2nd or subsequent
10offense under this section:
SB708, s. 20 11Section 20. 49.795 (8) (c) of the statutes is amended to read:
SB708,12,1412 49.795 (8) (c) For Except as provided in par. (g), for any offense under this
13section, if the value of the food coupons is $5,000 or more, a person who violates this
14section is guilty of a Class G felony.
SB708, s. 21 15Section 21. 49.795 (8) (g) of the statutes is created to read:
SB708,12,1716 49.795 (8) (g) Any person who violates sub. (6m) is guilty of a Class A
17misdemeanor and subject to the penalty under s. 939.51 (3) (a).
SB708, s. 22 18Section 22. 49.842 of the statutes is created to read:
SB708,12,19 1949.842 Drug testing for eligibility. (1) Definitions. In this section:
SB708,12,2120 (a) "Applicant" means an individual who applies for assistance under any
21assistance program under this chapter.
SB708,12,2522 (b) "Assistance program under this chapter" means any program administered
23by the department of health services or the department of children and families
24under this chapter under which the department administering the program provides
25services, benefits, or other assistance.
SB708,13,1
1(c) "Controlled substance" has the meaning given in 21 USC 802 (6).
SB708,13,32 (d) "Recipient" means an individual who is receiving services, benefits, or other
3assistance under an assistance program under this chapter.
SB708,13,8 4(2) Drug test required. Notwithstanding any other eligibility requirements
5specified in this chapter, to the extent permitted under federal law, an applicant or
6a recipient shall, as a condition of eligibility or continued eligibility, be required to
7submit to a test for the use of a controlled substance. If the test results are positive,
8the applicant or recipient shall be ineligible for any assistance program.
SB708, s. 23 9Section 23. 66.1204 of the statutes is created to read:
SB708,13,13 1066.1204 Limitations on eligibility. (1) (a) In its role under 42 USC 1437f
11as a public housing agency, as defined in 24 CFR 982.4 (b), an authority may not
12provide assistance payments to any person unless the person satisfies one of the
13following:
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