Wis. Stat. § 46.28 — WI Code / Chapter 46 / Section 46.28
Revenue bonding for residential facilities.
Status: in_force

(1) In this section:

(a) “Authority” means the Wisconsin Housing and Economic Development Authority created under ch. 234 .

(am) “Child with long-term care needs” means any of the following:

1. A juvenile adjudged delinquent for whom a case disposition is made under s. 938.34 .

2. A child found to be in need of protection or services for whom an order is made under s. 48.345 or a juvenile found to be in need of protection or services for whom an order is made under s. 938.345 .

3. A child placed under s. 48.63 .

4. A child who is eligible under 42 USC 1396a (e) (3).

(b) “Chronically disabled” means any person who is alcoholic, developmentally disabled, drug dependent, or mentally ill, as defined in s. 51.01 (1h) , (5) , (8b) , and (13) , or any person who is physically disabled.

(c) “Elderly” means a person 60 years of age or older.

(cg) “Eligible individual” means an individual who is elderly or chronically disabled, a child with long-term care needs, a homeless individual or a victim of domestic abuse.

(cr) “Homeless individual” has the meaning given in 42 USC 11302 (a).

(d) “Residential facility” means a living unit for eligible individuals that is developed by a sponsor and that is not physically connected to a nursing home or hospital except by common service units for laundry, kitchen or utility purposes and that may include buildings and grounds for activities related to residence, including congregate meal sites, socialization, physical rehabilitation facilities and child care facilities.

(e) “Sponsor” means any of the following:

1. A nonprofit participating health institution, as defined in s. 231.01 (6) .

2. A tribal council or housing authority or any nonprofit entity created by a tribal council.

3. The department.

4. Any county department under s. 46.21 , 46.22 , 46.23 , 51.42 or 51.437 .

5. A county commission on aging appointed under s. 46.82 (4) (a) .

6. Any housing authority created under s. 59.53 (22) , 66.1201 , 66.1213 or 66.1335 .

7. Any housing corporation, limited-profit or nonprofit entity.

8. Any other entity meeting criteria established by the authority and organized to provide housing for persons and families of low and moderate income.

9. An entity that is operated for profit and that is engaged in providing medical care or residential care or services, including all of the following:

a. A hospital, as defined in s. 50.33 (2) .

b. A nursing home, as defined in s. 50.01 (3) .

c. A community-based residential facility, as defined in s. 50.01 (1g) .

d. A residential care apartment complex, as defined in s. 50.01 (6d) .

(f) “Victim of domestic abuse” means an individual who has encountered domestic abuse, as defined in s. 49.165 (1) (a) .

(2) The department may approve any residential facility for financing by the authority if it determines that the residential facility will help meet the housing needs of an eligible individual, based on factors that include:

(a) The geographic location of the residential facility.

(b) The population served by the residential facility.

(c) The services offered by the residential facility.

(3) The department may authorize the authority to issue revenue bonds under s. 234.61 to finance any residential facility it approves under sub. (2) .

(4) The department may charge sponsors for administrative costs and expenses it incurs in exercising its powers and duties under this section and under s. 234.61 .

History: 1981 c. 298 ; 1983 a. 27 ss. 996g to 996r , 2202 (20) ; 1983 a. 81 s. 11 ; 1983 a. 83 s. 20 ; 1983 a. 189 s. 329 (9) ; 1985 a. 29 , 176 ; 1985 a. 265 s. 4 ; 1985 a. 332 ; 1991 a. 39 , 235 , 269 ; 1995 a. 77 , 201 ; 1997 a. 27 , 35 , 320 ; 1999 a. 150 s. 672 ; 2001 a. 104 ; 2007 a. 20 ; 2013 a. 165 s. 114 ; 2017 a. 34 ; 2023 a. 229 .