AB498: Bill Text

AB498,33 Section 33. 39.28 (7) of the statutes is created to read:

AB498,17,14 39.28 (7) The board shall create on its Internet site a link to that portion of the department of financial institutions' Internet site created under s. 224.30 (5) (c) and (d).

AB498,34 Section 34. 39.52 of the statutes is created to read:

AB498,18,10 39.52 Student loan debt reports. (1) By January 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the board the average amount of student loan incurred in the previous year by resident undergraduate students enrolled in each institution within that system, the technical college system board shall provide to the board the average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in each technical college within that system, each tribally controlled college in this state shall provide to the board the average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in that tribally controlled college and the Wisconsin Association of Independent Colleges and Universities or a successor organization shall provide to the board the average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in each of the private, nonprofit accredited institutions of higher education in this state.

AB498,18,11 (2) By March 1 of each year, the board shall do all of the following:

AB498,18,15 (a) Compile the information provided to the board under sub. (1) and, from that information, compute the statewide average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in the institutions specified in sub. (1).

AB498,18,18 (b) Compare the amount computed under par. (a) to the national average amount of student loan debt incurred in the previous year by undergraduate students enrolled in institutions of higher education in the United States.

AB498,18,22 (c) Compare the amount computed under par. (a) to the statewide average amount of student loan debt incurred in the previous year by undergraduate students in the state with the lowest ratio of statewide average student loan debt to the lowest quintile of state per capita income.

AB498,19,2 (d) Submit a report regarding student loan debt incurred in the previous year by resident undergraduate students at the institutions specified in sub. (1) to the joint committee on finance. The report shall include the information provided to the board under sub. (1), the statewide average amount of student loan debt computed under par. (a), and the comparisons described in pars. (b) and (c).

AB498,35 Section 35. 39.54 of the statutes is created to read:

AB498,19,10 39.54 Student lending transparency. (1) In this section, "institution of higher education" means an institution or college campus within the University of Wisconsin System, a technical college within the technical college system, a tribally controlled college, or a private, nonprofit institution of higher education located in this state that provides an educational program for which the institution awards a bachelor's degree or higher or provides a program that is acceptable toward such a degree.

AB498,19,13 (2) Each institution of higher education shall provide to a prospective or newly accepted student and to the student's parents clearly outlined and easy-to-understand information pertaining to all of the following:

AB498,19,14 (a) The total cost of attendance at the institution of higher education.

AB498,19,19 (b) The approximate or, if known, the actual total amount of financial aid that the student would receive from the institution of higher education, and the approximate or, if known, the actual total amount of student loan debt that the student would accumulate, over the course of 4 years if the student were to attend the institution of higher education for 4 years.

AB498,19,22 (c) Student loan rates, repayment plans, default rates, and the actual monthly payment that would be required to pay the student loan debt described in par. (b) when the loan becomes due.

AB498,19,25 (3) Each institution of higher education shall create on its Internet site a link to that portion of the department of financial institutions' Internet site created under s. 224.30 (5) (c) and (d).

AB498,36 Section 36. 39.56 of the statutes is created to read:

AB498,20,6 39.56 Loan counseling. (1) Definition. In this section, "institution of higher education" means an institution or college campus within the University of Wisconsin System, a technical college under ch. 38, or any private, nonprofit, educational institution located in this state that provides an educational program for which it awards an associate's or higher degree.

AB498,20,10 (2) Applicability. This section applies to any student loan offered by an institution of higher education or a private lender or recommended to a student by an institution of higher education, other than a federally funded, federally insured, or federally guaranteed loan for which counseling is required by 20 USC 1092.

AB498,20,18 (3) Entrance counseling. (a) Before a student enters into a student loan agreement, an institution of higher education shall provide the student with comprehensive information on the terms and conditions of a loan and the responsibilities the student has with respect to the loan. The institution shall provide the information during a counseling session conducted in person, on a written form provided to the student that the student signs and returns, or online, with the student acknowledging receipt of the information. The information provided shall include all of the following:

AB498,20,20 1. To the extent practicable, the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance.

AB498,20,22 2. How interest accrues and is capitalized during periods when the interest is not paid by the borrower.

AB498,20,25 3. The definitions of full-time and half-time enrollment at the institution of higher education, during regular terms and intersession terms, if applicable, and the consequences of not maintaining full-time or half-time enrollment.

AB498,21,3 4. The importance of contacting the appropriate office at the institution of higher education if the borrower withdraws before completing his or her program of study so that the institution can provide counseling under sub. (4).

AB498,21,5 5. Sample monthly repayment amounts, based on a range of levels of indebtedness.

AB498,21,8 6. The obligation of the borrower to repay the full amount of the loan, irrespective of whether the borrower completes his or her program of study at the institution.

AB498,21,10 7. The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures, and litigation.

AB498,21,12 8. Whether the student has reached the limit on his or her federal student loan opportunities.

AB498,21,15 9. The name of, and contact information for, an individual the borrower may contact if he or she has any questions about the borrower's rights and responsibilities or the terms and conditions of the loan.

AB498,21,20 10. How a student or any member of the public may file a complaint about a lender with the federal Consumer Financial Protection Bureau by calling a toll-free telephone number, or by completing a complaint form, which may be obtained on the bureau's Internet site. The toll-free telephone number and Internet site address of the bureau shall be included.

AB498,21,22 (b) In conjunction with providing information under par. (a), the institution of higher education shall also do all of the following:

AB498,21,25 1. Clearly distinguish private loans from federal loans in individual financial aid awards by stating, for any private loans included by the institution as part of the institution's award package, all of the following:

AB498,22,1 a. Whether the rate is fixed or variable.

AB498,22,3 b. An explanation that private student loan lenders can offer variable interest rates that can increase or decrease over time, depending on market conditions.

AB498,22,7 c. An explanation that private student loans have a range of interest rates and fees and students should determine the interest rate of, and any fees associated with, the private student loan included in their financial aid award package before accepting the loan.

AB498,22,10 d. An explanation that students should contact the lender of the private student loan or their institution's financial aid office if they have any questions about a private student loan.

AB498,22,12 e. An explanation that the interest rate on a private loan may depend on the borrower's credit rating.

AB498,22,16 2. If the institution of higher education provides a private loan lender list, provide general information about the loans available through the lender and disclose the basis for each lender's inclusion on the list. The institution shall also disclose with the list that the student may choose any lender.

AB498,22,22 (c) 1. A lender may not accept a final and complete application for a private student loan from an applicant, or assess any fees upon an applicant, without first receiving certification from the applicant's institution of higher education that the applicant has received counseling from the institution under pars. (a) and (b) and that the counseling was conducted in person, unless the certification specified that the applicant elected to receive the counseling in a manner other than in person.

AB498,23,3 2. The certification required by subd. 1. shall be signed by the applicant and the institutional counselor, and shall include the date of the counseling and the name, address, and telephone number of both the counselor and the applicant. An electronic facsimile copy of the counseling certification satisfies the requirement of this subdivision. The lender shall maintain the certification in an accurate, reproducible, and accessible format for the term of the student loan.

AB498,23,7 (4) Exit counseling. (a) As close as practicable to the date that a student graduates from, transfers from, withdraws from, or otherwise completes his or her program of study at the institution of higher education, the institution shall provide the student with information relating to all of the following:

AB498,23,11 1. Repayment plans that are available, including a description of the different features of each plan and sample information showing the average anticipated monthly payments, and the difference in interest paid and total payments, under each plan.

AB498,23,13 2. Debt management strategies designed to facilitate the repayment of indebtedness.

AB498,23,15 3. The options to prepay each loan, pay each loan on a shorter schedule, or change repayment plans.

AB498,23,17 4. The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures, and litigation.

AB498,23,18 5. The effects of consolidation on a borrower's underlying loan benefits.

AB498,23,19 6. Grace periods, loan forgiveness, cancellation, and deferment opportunities.

AB498,23,20 7. The borrower benefit programs of different lenders.

AB498,23,21 8. The tax benefits that may be available to borrowers.

AB498,23,22 9. How to enroll in income-based repayment.

AB498,23,25 (b) With respect to a student who leaves an institution of higher education without the knowledge of the institution, the institution shall attempt to provide the information described in par. (a) to the student in writing.

AB498,24,4 (5) Fee. An institution of higher education may assess a reasonable fee to the lender to defray the cost of counseling under this section in an amount not exceeding $50. The higher educational aids board and the department of financial institutions shall jointly promulgate rules to implement and administer this subsection.

AB498,37 Section 37. 40.02 (54) (n) of the statutes is created to read:

AB498,24,6 40.02 (54) (n) The Wisconsin Student Loan Refinancing Authority.

AB498,38 Section 38. 70.11 (38v) of the statutes is created to read:

AB498,24,11 70.11 (38v) Wisconsin Student Loan Refinancing Authority. All property owned by the Wisconsin Student Loan Refinancing Authority, provided that use of the property is primarily related to the purposes of the Wisconsin Student loan Refinancing Authority.

AB498,39 Section 39. 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:

AB498,24,25 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses and mandatory student fees for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 38.50, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows: in subd. 28. a., am., e., f., and h. In this subdivision, "tuition expenses" includes any amount paid by a claimant in the year to which the claim relates on a loan, the proceeds of which were used by the claimant to pay the claimant's expenses for tuition, fees, books, room and board, and educational supplies that were directly related to the claimant's attendance at an eligible educational institution, as defined in s. 18.81 (2).

AB498,40 Section 40. 71.05 (6) (b) 28. j. of the statutes is created to read:

AB498,25,3 71.05 (6) (b) 28. j. The provisions of subd. 28. b., c., d., and g. do not apply to a taxable year that begins after December 31, 2013.

AB498,41 Section 41. 77.54 (9a) (a) of the statutes is amended to read:

AB498,25,9 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Economic Development Corporation, the Wisconsin Student Loan Refinancing Authority, and the Fox River Navigational System Authority.

AB498,42 Section 42. 100.45 (1) (dm) of the statutes is amended to read:

AB498,25,20 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, the Wisconsin Student Loan Refinancing Authority, and the Fox River Navigational System Authority.

AB498,43 Section 43. 224.30 (5) of the statutes is created to read:

AB498,25,22 224.30 (5) Student lending transparency. (a) In this subsection:

AB498,25,23 1. "Higher education expenses" includes all of the following:

AB498,25,24 a. Tuition and fees.

AB498,25,25 b. Books and supplies

AB498,26,1 c. Room and board.

AB498,26,3 2. "Private student loan" means a loan issued by a private lending institution for the purpose of paying for or financing higher education expenses.

AB498,26,6 3. "Private lending institution" means any private entity that itself or through an affiliate makes available student loans to pay for or finance higher education expenses.

AB498,26,8 4. "Student borrower" means any individual who borrows money from a private lending institution to finance higher education expenses.

AB498,26,11 (b) The department shall compile data related to private student loans for the purpose of comparing private lending institutions' student loan interest rates and repayment plans, including all of the following:

AB498,26,12 1. Policies relating to deferment and forbearance.

AB498,26,13 2. Loan default policies and penalties.

AB498,26,16 3. Any other information that the department deems relevant for the purpose of creating a list of private lending institutions that provide the lowest rates and best repayment options on student loans.

AB498,26,19 (c) 1. Using the data compiled under par. (b), the department shall create and maintain a list of private lending institutions that provide the lowest rates and best repayment options on student loans.

AB498,26,25 2. In addition to the list under subd. 1., the department shall compile a list of the 10 best private lending institutions based on rates and policies that are most favorable to the student borrower. The department may also consider the private lending institutions' policies for allowing a student borrower to borrow more than 10 percent over the student borrower's total cost of higher education expenses when determining if a private lending institution should be placed on this list.

AB498,27,7 (d) The department shall place the lists created and compiled under par. (c) at an easily accessible location on the department's Internet site. The department shall update its Internet site on a monthly basis to ensure that the student loan information in these lists is current and accurate. Information pertaining to lending institutions that do not make the list compiled under par. (c) 2. shall also be posted on the department's Internet site and those lending institutions that provide the worst rates and strictest repayment options shall be clearly indicated.

AB498,27,10 (e) The department shall make any list or other data under this subsection that appears on the department's Internet site available to be linked as provided in ss. 39.28 (7) and 39.54 (3).

AB498,27,12 (f) The department may satisfy its duties under this subsection through a designee or 3rd-party contractor.

AB498,44 Section 44. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Acts 10, 32 and 229, is amended to read:

AB498,27,24 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 237, 238, 239, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB498,45 Section 45. Chapter 239 of the statutes is created to read:

AB498,28,1 Chapter 239

AB498,28,3 Wisconsin Student Loan REFINANCING Authority

AB498,28,4 239.01 Definitions. In this chapter:

AB498,28,5 (1) "Authority" means the Wisconsin Student Loan Refinancing Authority.