SB403,4,115 70.11 (4) Educational, religious and benevolent institutions; women's clubs;
6historical societies; fraternities; libraries.
Property owned and used exclusively
7by educational institutions offering regular courses 6 months in the year; or by
8churches or religious, educational or benevolent associations, including benevolent
9nursing homes and retirement homes for the aged but not including an organization
10that is organized under s. 185.981 or ch. 611, 613 or 614 and that offers a health
11maintenance organization as defined in s. 609.01 (2) or a limited service health
12organization as defined in s. 609.01 (3) or an organization that is issued a certificate
13of authority under ch. 618 and that offers a health maintenance organization or a
14limited service health organization and not including property owned by any
15nonstock, nonprofit corporation which services guaranteed student loans for others
16or on its own account, and also including property owned and used for housing for
17pastors and their ordained assistants, members of religious orders and communities,
18and ordained teachers, whether or not contiguous to and a part of other property
19owned and used by such associations or churches, and also including property that
20is low-income housing, as defined under sub. (4a) (a)
; or by women's clubs; or by
21domestic, incorporated historical societies; or by domestic, incorporated, free public
22library associations; or by fraternal societies operating under the lodge system
23(except university, college and high school fraternities and sororities), but not
24exceeding 10 acres of land necessary for location and convenience of buildings while
25such property is not used for profit. Property owned by churches or religious

1associations necessary for location and convenience of buildings, used for
2educational purposes and not for profit, shall not be subject to the 10-acre limitation
3but shall be subject to a 30-acre limitation. Property owned by churches or religious
4or benevolent associations necessary for location and convenience of buildings, used
5for a low-income housing project, as defined under sub. (4a) (b), including other
6low-income housing projects under common control with such project, shall not be
7subject to the 10-acre limitation but shall be subject to a limitation of 30 acres and
8a limitation of 10 contiguous acres in any one municipality.
Property that is exempt
9from taxation under this subsection and is leased remains exempt from taxation only
10if, in addition to the requirements specified in the introductory phrase of this section,
11the lessee does not discriminate on the basis of race.
SB403, s. 3 12Section 3. 70.11 (4a) of the statutes is created to read:
SB403,4,1613 70.11 (4a) Low-income housing. (a) For purposes of sub. (4), "low-income
14housing" means any residential unit within a low-income housing project that is
15occupied by a low-income or very low-income person or is vacant and is only
16available to such persons.
SB403,4,1817 (b) For purposes of this subsection and sub. (4), "low-income housing project"
18means a residential housing project for which all of the following apply:
SB403,4,2019 1. At least 75 percent of the occupied residential units are occupied by
20low-income or very low-income persons.
SB403,4,2121 2. At least one of the following applies:
SB403,4,2322 a. At least 20 percent of the residential units are rented to persons who are very
23low-income persons or are vacant and are only available to such persons.
SB403,5,3
1b. At least 40 percent of the residential units are rented to persons whose
2income does not exceed 120 percent of the very low-income limit or are vacant and
3only available to such persons.
SB403,5,74 (c) For purposes of this subsection, low-income persons and very low-income
5persons shall be determined in accordance with the income limits published by the
6federal department of housing and urban development for low-income and very
7low-income families under the National Housing Act of 1937.
SB403,5,118 (d) For purposes of this subsection and sub. (4), all properties included within
9the same federal department of housing and urban development contract or within
10the same federal department of agriculture, rural development, contract are
11considered to be one low-income housing project.
SB403,5,2212 (e) Leasing property that is exempt from taxation under sub. (4) as low-income
13housing does not render it taxable if the lessor uses all of the leasehold income from
14the property for any of the following expenditures directly related to the low-income
15housing project to which the property belongs, except that the lessor may use up to
1610 percent of the leasehold income for any of the following expenditures directly
17related to any other low-income housing project under common control with that
18project and located in this state, and except that the lessor may use any of the
19leasehold income for debt service for any other low-income housing project under
20common control with that project, under the same mortgage, and located in this state
21and such amount is not considered for purposes of the 10 percent maximum
22described in this paragraph:
SB403,5,2323 1. Maintenance.
SB403,5,2424 2. Capital replacements.
SB403,5,2525 3. Insurance premiums.
SB403,6,1
14. Project management.
SB403,6,22 5. Debt retirement.
SB403,6,33 6. Moneys reserved for project-related purposes.
SB403,6,44 7. General and administrative expenses.
SB403,6,55 8. Social services and other resident services provided at the project.
SB403,6,66 9. Utilities.
SB403,6,77 10. Financing costs.
SB403,6,88 11. Any other expenditure related to preserving and managing the project.
SB403,6,99 12. Any other similar project-related expenditure.
SB403,6,1610 (f) 1. Annually, no later than March 1, each person who owns a low-income
11housing project shall file with the assessor of the taxation district in which the project
12is located a statement that specifies which units were occupied on January 1 of that
13year by persons whose income satisfied the income limit requirements under par. (a),
14as certified by the property owner to the appropriate federal or state agency, and a
15copy of the federal department of housing and urban development contract or federal
16department of agriculture, rural development, contract.
SB403,6,1817 2. The format and distribution of statements under this paragraph shall be
18governed by s. 70.09 (3).
SB403,6,2219 3. If the statement required under this paragraph is not received on or before
20March 1, the taxation district assessor shall send the property owner a notice, by
21certified mail to the owner's last known address of record, stating that failure to file
22a statement is subject to the penalties under subd. 5.
SB403,7,223 4. In addition to the statement under subd. 1., the taxation district assessor
24may require that a property owner submit other information to prove that the

1person's property qualifies as low-income housing that is exempt from taxation
2under sub. (4).
SB403,7,53 5. A person who fails to file a statement within 30 days after notification under
4subd. 3. shall forfeit $10 for each succeeding day on which the form is not received
5by the taxation district assessor, but not more than $500.
SB403, s. 4 6Section 4. Initial applicability.
SB403,7,87 (1) This act first applies retroactively to the property tax assessments as of
8January 1, 2006.
SB403, s. 5 9Section 5. Effective date.
SB403,7,1010 (1) This act takes effect retroactively on January 1, 2006.
SB403,7,1111 (End)
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