1 | 1 | | LRB-3070/1 |
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2 | 2 | | MPG:amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 297 |
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5 | 5 | | May 15, 2023 - Introduced by Senators STROEBEL, QUINN, JACQUE, CABRAL-GUEVARA |
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6 | 6 | | and JAGLER, cosponsored by Representatives PENTERMAN, BROOKS, EMERSON, |
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7 | 7 | | ROZAR, C. ANDERSON, BRANDTJEN, DITTRICH, DONOVAN, DUCHOW, EDMING, |
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8 | 8 | | GREEN, GUNDRUM, JOERS, KITCHENS, MURPHY, O'CONNOR, ORTIZ-VELEZ, PETRYK, |
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9 | 9 | | PLUMER, RETTINGER, SCHRAA, SHANKLAND, SINICKI, SWEARINGEN, SNYDER, |
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10 | 10 | | TRANEL and WICHGERS. Referred to Committee on Housing, Rural Issues and |
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11 | 11 | | Forestry. |
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12 | 12 | | AN ACT to amend 234.045 (1) (intro.), 234.045 (1) (a), 234.045 (2) (a) 2., 234.045 |
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13 | 13 | | (2) (a) 3., 234.045 (2) (b), 234.53 (2), 234.53 (2m), 234.53 (4) and 234.53 (5); and |
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14 | 14 | | to create 234.045 (2) (a) 4. to 6. and 234.53 (1m) of the statutes; relating to: |
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15 | 15 | | housing rehabilitation loans awarded by the Wisconsin Housing and Economic |
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16 | 16 | | Development Authority. |
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17 | 17 | | Analysis by the Legislative Reference Bureau |
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18 | 18 | | Current law authorizes the Wisconsin Housing and Economic Development |
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19 | 19 | | Authority to make low-interest or no-interest loans from WHEDA 's housing |
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20 | 20 | | rehabilitation loan fund for the rehabilitation of certain residential properties if the |
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21 | 21 | | rehabilitation consists of certain structural improvements or the removal of lead |
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22 | 22 | | paint. Specifically, the authority may make such a loan to a loan applicant if all of |
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23 | 23 | | the following apply: |
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24 | 24 | | 1. The applicant's household annual income does not exceed 120 percent of the |
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25 | 25 | | area median family income for the county in which the housing is located. |
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26 | 26 | | 2. The applicant's home is a single-family residence that the applicant occupies |
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27 | 27 | | and that was constructed before 1980. |
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28 | 28 | | 3. The applicant agrees to repay the loan, including all interest, upon the |
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29 | 29 | | applicant selling or otherwise transferring title to the residence to another person |
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30 | 30 | | or upon the applicant and his or her family vacating the residence. |
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31 | 31 | | Also, under current law, the housing rehabilitation loan fund consists of |
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32 | 32 | | amounts credited to the fund from WHEDA's issuance of bonds. |
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37 | 37 | | 5 - 2 -2023 - 2024 Legislature LRB-3070/1 |
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38 | 38 | | MPG:amn |
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39 | 39 | | SENATE BILL 297 |
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40 | 40 | | Under this bill, all moneys appropriated to WHEDA for the housing |
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41 | 41 | | rehabilitation loan fund during the 2023-25 fiscal biennium are credited to that fund |
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42 | 42 | | and must be used for the housing rehabilitation loans described above, except that |
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43 | 43 | | the bill makes a number of changes to that housing rehabilitation loan program, |
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44 | 44 | | including the following: |
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45 | 45 | | 1. Rather than being constructed before 1980, the applicant's home must have |
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46 | 46 | | been constructed at least 40 years prior to the date of the applicant's application for |
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47 | 47 | | a housing rehabilitation loan. Additionally, the bill specifies that the home must be |
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48 | 48 | | the applicant's primary residence. |
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49 | 49 | | 2. The loan term may not exceed 15 years. |
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50 | 50 | | 3. The authority may not charge zero interest on a loan. |
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51 | 51 | | 4. The amount of the loan may not exceed $50,000 or 125 percent of the assessed |
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52 | 52 | | value of the applicant's home after completion of the eligible rehabilitation. |
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53 | 53 | | 5. The applicant may not have another housing rehabilitation loan pending |
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54 | 54 | | with the authority at the time of application. |
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55 | 55 | | 6. The applicant must agree to the terms of the loan, including a requirement |
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56 | 56 | | to repay the loan by making monthly principal and interest payments so that the |
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57 | 57 | | loan, including all interest, is fully repaid within the term established for the loan, |
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58 | 58 | | a requirement to repay the loan, including all interest, upon the applicant selling or |
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59 | 59 | | otherwise transferring title to the residence to another person, and all other terms |
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60 | 60 | | established by WHEDA. |
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61 | 61 | | The bill also adds the following activities to those activities eligible for a |
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62 | 62 | | housing rehabilitation loan: |
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63 | 63 | | 1. An internal plumbing system. Current law includes a “plumbing system.” |
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64 | 64 | | 2. The removal of asbestos or other internal environmental contamination in |
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65 | 65 | | addition to lead paint, which is included under current law. |
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66 | 66 | | 3. The repairing or replacing of an interior wall or ceiling or flooring, in addition |
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67 | 67 | | to a number of other activities included under current law. |
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68 | 68 | | Because this bill may increase or decrease, directly or indirectly, the cost of the |
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69 | 69 | | development, construction, financing, purchasing, sale, ownership, or availability of |
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70 | 70 | | housing in this state, the Department of Administration, as required by law, will |
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71 | 71 | | prepare a report to be printed as an appendix to this bill. |
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72 | 72 | | For further information see the state fiscal estimate, which will be printed as |
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73 | 73 | | an appendix to this bill. |
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74 | 74 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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75 | 75 | | enact as follows: |
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76 | 76 | | SECTION 1. 234.045 (1) (intro.) of the statutes is amended to read: |
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77 | 77 | | 234.045 (1) DEFINITION. (intro.) In this section, “eligible rehabilitation” means |
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78 | 78 | | an improvement to housing to maintain the housing in a decent, safe, and sanitary |
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79 | 79 | | condition or to restore it to that condition if the improvement is the removal of lead |
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83 | 83 | | 4 - 3 -2023 - 2024 Legislature |
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84 | 84 | | LRB-3070/1 |
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85 | 85 | | MPG:amn |
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86 | 86 | | SECTION 1 |
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87 | 87 | | SENATE BILL 297 |
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88 | 88 | | paint or asbestos or other internal environmental contamination or constitutes a |
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89 | 89 | | structural improvement, including any of the following: |
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90 | 90 | | SECTION 2. 234.045 (1) (a) of the statutes is amended to read: |
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91 | 91 | | 234.045 (1) (a) Repairing or replacing a heating system, electrical system, |
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92 | 92 | | internal plumbing system, interior wall or ceiling, roof, window, or exterior door, or |
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93 | 93 | | flooring. |
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94 | 94 | | SECTION 3. 234.045 (2) (a) 2. of the statutes is amended to read: |
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95 | 95 | | 234.045 (2) (a) 2. The applicant's home is a single-family residence that the |
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96 | 96 | | applicant occupies as the applicant's primary residence and that was constructed |
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97 | 97 | | before 1980 at least 40 years prior to the date of the applicant's loan application. |
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98 | 98 | | SECTION 4. 234.045 (2) (a) 3. of the statutes is amended to read: |
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99 | 99 | | 234.045 (2) (a) 3. The applicant agrees to the terms of the loan, including a |
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100 | 100 | | requirement to repay the loan by making monthly principal and interest payments |
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101 | 101 | | so that the loan, including all interest, is fully repaid within the loan term |
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102 | 102 | | established under subd. 4., a requirement to repay the loan, including all interest, |
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103 | 103 | | upon the applicant selling or otherwise transferring title to the residence to another |
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104 | 104 | | person or upon the applicant and his or her family vacating the residence, and all |
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105 | 105 | | other terms established by the authority. |
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106 | 106 | | SECTION 5. 234.045 (2) (a) 4. to 6. of the statutes are created to read: |
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107 | 107 | | 234.045 (2) (a) 4. The loan term does not exceed 15 years. |
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108 | 108 | | 5. The amount of the loan does not exceed $50,000 or 125 percent of the assessed |
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109 | 109 | | value of the residence after completion of the eligible rehabilitation, whichever is |
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110 | 110 | | less. |
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111 | 111 | | 6. The applicant does not have another loan under this section pending with |
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112 | 112 | | the authority at the time of application. |
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137 | 137 | | 25 - 4 -2023 - 2024 Legislature LRB-3070/1 |
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138 | 138 | | MPG:amn |
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139 | 139 | | SECTION 6 SENATE BILL 297 |
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140 | 140 | | SECTION 6. 234.045 (2) (b) of the statutes is amended to read: |
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141 | 141 | | 234.045 (2) (b) The authority may establish an interest rate for any loan made |
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142 | 142 | | under par. (a) below the market interest rate or may charge no interest but more than |
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143 | 143 | | zero. |
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144 | 144 | | SECTION 7. 234.53 (1m) of the statutes is created to read: |
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145 | 145 | | 234.53 (1m) (a) All of the following shall be credited to the fund: |
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146 | 146 | | 1. All moneys appropriated to the authority for the fund in the 2023-25 fiscal |
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147 | 147 | | biennium. |
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148 | 148 | | 2. All moneys received from the repayment of loans under s. 234.045. |
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149 | 149 | | (b) All moneys credited to the fund under par. (a) shall be used for loans |
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150 | 150 | | awarded under s. 234.045. |
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151 | 151 | | (c) Of the amounts credited to the fund under par. (a) 1., the authority shall |
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152 | 152 | | return to the secretary of administration for deposit in the general fund all such |
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153 | 153 | | amounts not encumbered or expended for eligible rehabilitation, as defined in s. |
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154 | 154 | | 234.045 (1), as of the first day of the 8th year beginning after the effective date of this |
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155 | 155 | | paragraph .... [LRB inserts date]. |
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156 | 156 | | SECTION 8. 234.53 (2) of the statutes is amended to read: |
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157 | 157 | | 234.53 (2) Except as provided in sub. subs. (1m) and (2m) and s. 234.045, the |
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158 | 158 | | authority shall use moneys in the fund for the purpose of purchasing housing |
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159 | 159 | | rehabilitation loans or for funding commitments for loans to lenders for housing |
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160 | 160 | | rehabilitation loans. All disbursements of funds under this subsection for |
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161 | 161 | | purchasing such loans shall be made payable to an authorized lender, as defined in |
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162 | 162 | | s. 234.49 (1) (b), or a duly authorized agent thereof. |
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163 | 163 | | SECTION 9. 234.53 (2m) of the statutes is amended to read: |
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187 | 187 | | 24 - 5 -2023 - 2024 Legislature |
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188 | 188 | | LRB-3070/1 |
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189 | 189 | | MPG:amn |
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190 | 190 | | SECTION 9 |
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191 | 191 | | SENATE BILL 297 |
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192 | 192 | | 234.53 (2m) The Except for moneys credited to the fund under sub. (1m), the |
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193 | 193 | | authority may use moneys in the fund for the purpose of funding or purchasing loans |
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194 | 194 | | under any down payment assistance program established by the authority. |
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195 | 195 | | SECTION 10. 234.53 (4) of the statutes is amended to read: |
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196 | 196 | | 234.53 (4) The Except for moneys credited to the fund under sub. (1m), the |
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197 | 197 | | authority may use moneys in the fund to cover actual and necessary expenses |
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198 | 198 | | incurred in the sale of housing rehabilitation bonds and investment of the proceeds |
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199 | 199 | | thereof. |
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200 | 200 | | SECTION 11. 234.53 (5) of the statutes is amended to read: |
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201 | 201 | | 234.53 (5) Any Except for moneys credited to the fund under sub. (1m), any |
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202 | 202 | | moneys not needed for the purposes of the fund shall be transferred to the housing |
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203 | 203 | | rehabilitation loan program bond redemption fund. |
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204 | 204 | | (END) |
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