AB150: Bill Text Engrossed

AB150-engrossed,658,9 SUBCHAPTER III HIGHER EDUCATIONAL AIDS BOARD

AB150-engrossed, s. 1854 Section 1854. 39.26 of the statutes is amended to read:

AB150-engrossed,658,12 39.26 Definition. In this subchapter, "board" "department" means the higher educational aids board department of education.

AB150-engrossed, s. 1855m Section 1855m. 39.27 of the statutes is repealed.

AB150-engrossed, s. 1856 Section 1856. 39.28 (1) and (2) of the statutes are amended to read:

AB150-engrossed,658,19 39.28 (1) The board department shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions. It The department may accept and use any funds which it receives from participating institutions, lenders or agencies. It The department may enter into such contracts as are necessary to carry out its functions under this subchapter.

AB150-engrossed,658,25 (2) The board department shall establish plans to be administered by the board department for participation by this state under any federal acts relating to higher education and submit them to the U.S. commissioner of education for the commissioner's approval. The board department may utilize such criteria for determination of priorities, participation or purpose as are delineated in the federal acts.

AB150-engrossed, s. 1857 Section 1857. 39.28 (3) of the statutes is repealed.

AB150-engrossed, s. 1858 Section 1858. 39.28 (4) of the statutes is amended to read:

AB150-engrossed,659,4 39.28 (4) The board department may assign, sell, convey or repurchase student loans made under s. 39.32 subject to prior approval by the joint committee on finance.

AB150-engrossed, s. 1859 Section 1859. 39.28 (5) of the statutes is repealed.

AB150-engrossed, s. 1859m Section 1859m. 39.285 of the statutes is created to read:

AB150-engrossed,659,10 39.285 Education commission review of proposed formulae. (1) By May 1, 1996, and annually thereafter, the education commission shall approve, modify or disapprove any proposed formula for the awarding of grants for the upcoming academic year submitted under sub. (2) or s. 36.11 (6) (c) or 38.04 (7m).

AB150-engrossed,659,15 (2) By April 10, 1996, and annually thereafter, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the education commission for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 for the upcoming academic year to students enrolled at private institutions of higher education.

AB150-engrossed, s. 1860 Section 1860. 39.29 of the statutes is repealed.

AB150-engrossed, s. 1861 Section 1861. 39.30 (2) (e) of the statutes is amended to read:

AB150-engrossed,659,20 39.30 (2) (e) The board department may not make a grant to a student if it the department receives a certification under s. 46.255 73.255 (7) that the student is delinquent in child support or maintenance payments.

AB150-engrossed, s. 1861m Section 1861m. 39.30 (2) (f) of the statutes is created to read:

AB150-engrossed,659,24 39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) is approved or modified by the education commission under s. 39.285 (1).

AB150-engrossed, s. 1862 Section 1862. 39.30 (3) (e) of the statutes is amended to read:

AB150-engrossed,660,3 39.30 (3) (e) The board department shall establish criteria for the treatment of financially independent students which are consistent with procedures in pars. (a) to (d).

AB150-engrossed, s. 1863 Section 1863. 39.30 (3) (f) of the statutes is amended to read:

AB150-engrossed,660,8 39.30 (3) (f) The board department may not make initial awards of grants under this section for an academic year in an amount that exceeds 122% of the amount appropriated under s. 20.235 (1) (b) for the fiscal year in which the grant may be paid.

AB150-engrossed, s. 1864 Section 1864. 39.30 (4) of the statutes is amended to read:

AB150-engrossed,660,13 39.30 (4) Forms. The board department shall prescribe, furnish and make available, at locations in the state convenient to the public, application forms for grants under this section. Upon request, it the department shall advise and assist applicants in making out such forms.

AB150-engrossed, s. 1865 Section 1865. 39.31 (intro.) of the statutes is amended to read:

AB150-engrossed,660,18 39.31 Determination of student costs. (intro.) In determining a student's total cost of attending a postsecondary institution for the purpose of calculating the amount of a grant under s. 39.30, 39.38, 39.435 or 39.44 the board department shall include the following:

AB150-engrossed, s. 1866 Section 1866. 39.31 (2) of the statutes is amended to read:

AB150-engrossed,660,20 39.31 (2) Miscellaneous expenses, as determined by the board department.

AB150-engrossed, s. 1867 Section 1867. 39.31 (3) of the statutes is amended to read:

AB150-engrossed,660,22 39.31 (3) The cost of child care, as determined by the board department.

AB150-engrossed, s. 1868 Section 1868. 39.32 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,660,24 39.32 (2) (intro.) The board department shall:

AB150-engrossed, s. 1869 Section 1869. 39.32 (3) (intro.) of the statutes is amended to read:

AB150-engrossed,661,2 39.32 (3) (intro.) The board department may make and authorize loans to be made to students if:

AB150-engrossed, s. 1870 Section 1870. 39.32 (3) (b) of the statutes is amended to read:

AB150-engrossed,661,6 39.32 (3) (b) The student's eligibility for a loan is certified to the board department by the institution of higher education in which the student is enrolled or has been accepted for enrollment.

AB150-engrossed, s. 1871 Section 1871. 39.32 (3) (g) of the statutes is amended to read:

AB150-engrossed,661,10 39.32 (3) (g) The student is not in default on any previous loan or the board department has determined that the student has made satisfactory arrangements to repay the defaulted loan.

AB150-engrossed, s. 1872 Section 1872. 39.32 (5) of the statutes is amended to read:

AB150-engrossed,661,14 39.32 (5) The board department may collect any loans made or authorized to be made by the board department pursuant to this section or made prior to July 1, 1966, under s. 49.42, 1963 stats.

AB150-engrossed, s. 1873 Section 1873. 39.32 (6) of the statutes is amended to read:

AB150-engrossed,661,25 39.32 (6) The board department shall satisfy the loan of any student who obtained a loan under this section or s. 39.023, 1965 stats., between July 1, 1966, and December 15, 1968, where such student died or dies after July 1, 1966, and before completing repayment thereof, and shall write off the balance of principal and interest owing on the loan on the date it received confirmation of such student's death. Obligation to repay such a loan shall terminate on the date of the student's death and any payments made thereon to the board department after such date shall be refunded to the payor or the payor's heirs, executor or administrator from the appropriation in s. 20.235 (2) (ba) upon receipt by the board department of an application for refund.

AB150-engrossed, s. 1874 Section 1874. 39.32 (7) of the statutes is amended to read:

AB150-engrossed,662,6 39.32 (7) The board department may write off defaulted student loans made pursuant to this section or made prior to July 1, 1966, under s. 49.42, 1963 stats., from moneys other than advances from the investment board originally appropriated for student loans, and from moneys other than moneys resulting from assignment, sale or conveyance of student loans.

AB150-engrossed, s. 1875 Section 1875. 39.32 (8) of the statutes is amended to read:

AB150-engrossed,662,11 39.32 (8) The board department may use up to $150,000 annually of student revenue bond proceeds for the purpose of consolidating loans for needy students who have a state direct loan and one or more federally guaranteed student loans from one or more private lenders.

AB150-engrossed, s. 1876 Section 1876. 39.32 (10) of the statutes is amended to read:

AB150-engrossed,662,19 39.32 (10) (a) The board department may enter into contractual agreements with lenders in this state and lenders in other states which grant loans to residents of this state, and with institutions and agencies wherein the board department may provide and furnish to such lenders, institutions and agencies administrative services related to the operation of any programs involving the granting of loans to students including but not limited to any and all services and functions related to the granting, administering and collecting of any loans made to students.

AB150-engrossed,663,3 (b) The board department shall have all powers as are reasonably appropriate to the provision of such services and the performance of such contracts and may include charges or fees to be paid by the lenders, institutions and agencies to the board department for the provision of such administrative services or any services or activities related to the collection of any student loans for which the board department may become responsible by operation of law or by contractual agreements under this paragraph, but such charges or fees, before being instituted by the board department, shall be approved by the secretary of the department of administration.

AB150-engrossed, s. 1877 Section 1877. 39.32 (11) of the statutes is amended to read:

AB150-engrossed,663,12 39.32 (11) (a) In lieu of the procedure under ch. 812, the board department, on behalf of the corporation under s. 39.33, or the corporation, on its own behalf, may certify the department of administration to deduct money from a state employe's earnings. The board department shall specify an amount, not to exceed 25% of the employe's disposable earnings, as defined in s. 812.30 (6), to be deducted on a continuing basis until the amount certified by the board department or corporation has been paid. The department of administration shall remit moneys deducted to the board department or the corporation.

AB150-engrossed,663,21 (b) The procedure in this section may be used only if the amount owed to the board department or corporation is reduced to a judgment. At least 30 days prior to certification, the board department or corporation shall notify the debtor under s. 879.05 (2) or (3) of the intent to certify the debt to the department of administration and of the debtor's right to a contested case hearing before the board department under s. 227.42. If the debtor requests a hearing within 20 days after receiving notice, the board department shall notify the department of administration which shall not make deductions under par. (a) until a decision is reached under s. 227.47 or the case is otherwise concluded.

AB150-engrossed,663,23 (c) The department of administration shall prescribe the manner and form for certification of debts by the board department or corporation under this subsection.

AB150-engrossed, s. 1878 Section 1878. 39.325 of the statutes is amended to read:

AB150-engrossed,664,6 39.325 Wisconsin health education loan program. (1) There is established, to be administered by the board department, a Wisconsin health education loan program under P.L. 94-484, on July 29, 1979, in order to provide financial aid to medical and dentistry students enrolled in the university of Wisconsin medical school, the medical college of Wisconsin or Marquette university school of dentistry.

AB150-engrossed,664,16 (2) The board department shall lend to students who qualify under sub. (1) any moneys appropriated or authorized through the issuance of revenue obligations. The board department shall require a student borrowing moneys under this section to pay interest while in medical or dental school and during his or her residency training at the rate of at least 3% per year on the sum of the principal amount of the student's obligation and the accumulated interest, unless federal law provides otherwise as a condition of guaranteeing the loan. Principal and interest payable on maturing revenue obligations shall, when necessary, be paid from funded reserves, authorized under subch. II of ch. 18, or from moneys made available under chapter 20, laws of 1981, section 2022 (1).

AB150-engrossed,664,21 (3) The board department shall promulgate rules and establish standards and methods of determining the amounts of loans, rates of interest and other administrative procedures consistent with P.L. 94-484, on July 29, 1979. The rates of interest shall be set as low as possible, but shall remain sufficient to cover all costs of the program under this section.

AB150-engrossed, s. 1879 Section 1879. 39.33 of the statutes is amended to read:

AB150-engrossed,665,2 39.33 Guaranteed student loan program. (1) The board department may organize and maintain a nonstock corporation under ch. 181 to provide for a guaranteed student loan program in this state under P.L. 89-287 and P.L. 89-329 as may from time to time be amended. The board department may make use of and pay for the use of the facilities and services of such corporation.

AB150-engrossed,665,8 (2) The board department may provide administrative services for the nonstock corporation with which the board department has entered into a contractual agreement for purposes of providing for a guaranteed student loan program in this state. Services provided under this section shall be in accordance with the decision of the board department as to the type and scope of services requested and the civil service range of any employe assigned to them.

AB150-engrossed,665,12 (3) The board department or the legislature or any person delegated by the legislature may inspect and examine or cause an inspection and examination of all records relating to all programs that are, or are to be, administered under contractual agreement between the board department and the corporation.

AB150-engrossed, s. 1880 Section 1880. 39.34 of the statutes is amended to read:

AB150-engrossed,665,16 39.34 Medical student loan program. Notwithstanding s. 39.34, 1991 stats., the board department shall terminate on August 12, 1993, any obligation to repay a loan awarded under this section.

AB150-engrossed, s. 1881 Section 1881. 39.35 of the statutes is amended to read:

AB150-engrossed,665,21 39.35 Repayment of scholarships for teachers in educationally disadvantaged areas. Notwithstanding s. 39.35, 1969 stats., and s. 39.35, 1991 stats., the board department shall terminate on August 12, 1993, any obligation to repay a student aid award made under this section.

AB150-engrossed, s. 1882 Section 1882. 39.36 of the statutes is amended to read:

AB150-engrossed,666,2 39.36 Repayment of stipends for teachers of the handicapped. Notwithstanding s. 39.36, 1969 stats., s. 39.37 (3) (b), 1969 stats., and s. 39.36, 1991 stats., the board department shall terminate on August 12, 1993, any obligation to repay a stipend awarded under this section.

AB150-engrossed, s. 1883 Section 1883. 39.37 (2) of the statutes is amended to read:

AB150-engrossed,666,10 39.37 (2) There is created a separate nonlapsible trust fund designated the student loan repayment fund consisting of all revenues received in repayment of student loans funded under this section, and any other revenues dedicated to it by the board department. The board department may pledge revenues received or to be received by the fund to secure revenue obligations issued under this section, and shall have all other powers necessary and convenient to distribute the proceeds of the revenue obligations and loan repayments in accordance with subch. II of ch. 18.

AB150-engrossed, s. 1884 Section 1884. 39.37 (3) of the statutes is amended to read:

AB150-engrossed,666,16 39.37 (3) All student loans funded with revenue obligations issued under this section shall be fully guaranteed as to repayment of principal and interest from among a nonstock corporation organized under s. 39.33 (1), the United States, its agencies or instrumentalities. The board department may enter into agreements necessary to affect this guaranty.

AB150-engrossed, s. 1885 Section 1885. 39.374 (2) of the statutes is amended to read:

AB150-engrossed,666,25 39.374 (2) There is created a separate nonlapsible trust fund designated the Wisconsin health education loan repayment fund consisting of all revenues received in repayment of loans funded under this section or loans financed from moneys made available under chapter 20, laws of 1981, section 2022 (1). The board department may pledge revenues received or to be received by the fund to secure revenue obligations issued under this section, and shall have all other powers necessary and convenient to distribute the proceeds of the revenue obligations and loan repayments in accordance with subch. II of ch. 18.

AB150-engrossed, s. 1886 Section 1886. 39.374 (3) of the statutes is amended to read:

AB150-engrossed,667,5 39.374 (3) All loans funded with revenue obligations issued under this section shall be fully guaranteed as to repayment of principal and interest by the United States, its agencies or instrumentalities. The board department may enter into agreements necessary to effect this guaranty.

AB150-engrossed, s. 1887 Section 1887. 39.38 (1) of the statutes is amended to read:

AB150-engrossed,667,9 39.38 (1) There is established, to be administered by the board department, a grant program to assist those Indian students who are residents of this state to receive a higher education.

AB150-engrossed, s. 1887e Section 1887e. 39.38 (2) of the statutes is amended to read:

AB150-engrossed,667,24 39.38 (2) Grants under this section shall be based on financial need, as determined by the board. The maximum grant shall not exceed $2,200 per year, of which not more than $1,100 may be from the appropriation under s. 20.235 (1) (fb). State aid from this appropriation may be matched by a contribution from a federally recognized American Indian tribe or band that is deposited in the general fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall be awarded to students for full-time or part-time attendance at any accredited institution of higher education in this state. The board may not make a grant under this section to a student if it receives a certification under s. 46.255 (7) that the student is delinquent in child support or maintenance payments. Grants shall be renewable for up to 5 years if a recipient remains in good academic standing at the institution he or she is attending. The American Indian language and culture education board shall advise the board on the allocation of grants to students enrolled less than half-time.

AB150-engrossed, s. 1887g Section 1887g. 39.38 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,668,16 39.38 (2) Grants under this section shall be based on financial need, as determined by the department. The maximum grant shall not exceed $2,200 per year, of which not more than $1,100 may be from the appropriation under s. 20.235 (1) (fb). State aid from this appropriation may be matched by a contribution from a federally recognized American Indian tribe or band that is deposited in the general fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall be awarded to students for full-time or part-time attendance at any accredited institution of higher education in this state. The department may not make a grant under this section to a student if the department receives a certification under s. 73.255 (7) that the student is delinquent in child support or maintenance payments. Grants shall be renewable for up to 5 years if a recipient remains in good academic standing at the institution that he or she is attending. The American Indian language and culture education board shall advise the department on the allocation of grants to students enrolled less than half-time.

AB150-engrossed, s. 1888 Section 1888. 39.39 (1) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,668,20 39.39 (1) (a) (intro.) There is established, to be administered by the board department, a stipend loan program for resident students, including registered nurses, who are:

AB150-engrossed, s. 1889 Section 1889. 39.39 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,668,22 39.39 (2) (intro.) The board department shall:

AB150-engrossed, s. 1890 Section 1890. 39.39 (2) (b) of the statutes is amended to read:

AB150-engrossed,669,3 39.39 (2) (b) Promulgate rules to administer this section, including rules establishing loan amounts and the criteria and procedures for loan forgiveness and for selecting loan recipients. Loan recipients shall be selected on the basis of financial need, as determined by the board department, using the needs analysis methodology used under s. 39.435.

AB150-engrossed, s. 1891 Section 1891. 39.39 (4) of the statutes is created to read: