ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 739
February 15, 2016 - Offered by Representative Jorgensen.
AB739-AA1,1,3
21. Page 1, line 3: after "loans" insert "creating an authority to be known as the
3Wisconsin Student Loan Refinancing Authority, and making an appropriation".
AB739-AA1,1,5
5"
Section 1g. 13.172 (1) of the statutes is amended to read:
AB739-AA1,1,116
13.172
(1) In this section, "agency" means an office, department, agency,
7institution of higher education, association, society, or other body in state
8government created or authorized to be created by the constitution or any law, that
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, and any authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238,
11239, or 279.
AB739-AA1,2g
12Section 2g. 13.48 (13) (a) of the statutes is amended to read:
AB739-AA1,2,13
113.48
(13) (a) Except as provided in par. (b) or (c), every building, structure or
2facility that is constructed for the benefit of or use of the state, any state agency,
3board, commission or department, the University of Wisconsin Hospitals and Clinics
4Authority, the Fox River Navigational System Authority,
the Wisconsin Student
5Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or
6any local professional baseball park district created under subch. III of ch. 229 if the
7construction is undertaken by the department of administration on behalf of the
8district, shall be in compliance with all applicable state laws, rules, codes and
9regulations but the construction is not subject to the ordinances or regulations of the
10municipality in which the construction takes place except zoning, including without
11limitation because of enumeration ordinances or regulations relating to materials
12used, permits, supervision of construction or installation, payment of permit fees, or
13other restrictions.
AB739-AA1,3g
14Section 3g. 13.62 (2) of the statutes is amended to read:
AB739-AA1,2,1815
13.62
(2) "Agency" means any board, commission, department, office, society,
16institution of higher education, council, or committee in the state government, or any
17authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238,
239, 18or 279, except that the term does not include a council or committee of the legislature.
AB739-AA1,4g
19Section 4g. 13.94 (1) (dt) of the statutes is created to read:
AB739-AA1,2,2420
13.94
(1) (dt) Biennially, beginning in 2017, conduct a financial audit of the
21Wisconsin Student Loan Refinancing Authority and a program evaluation audit of
22the programs administered by the Wisconsin Student Loan Refinancing Authority
23under ch. 239. The legislative audit bureau shall file a copy of each audit report
24under this paragraph with the distributees specified in par. (b).
AB739-AA1,5g
25Section 5g. 13.94 (1s) (c) 9. of the statutes is created to read:
AB739-AA1,3,2
113.94
(1s) (c) 9. The Wisconsin Student Loan Refinancing Authority for the cost
2of the audit required to be performed under sub. (1) (dt).
AB739-AA1,6g
3Section 6g. 13.94 (4) (a) 1. of the statutes is amended to read:
AB739-AA1,3,204
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
5credentialing board, commission, independent agency, council or office in the
6executive branch of state government; all bodies created by the legislature in the
7legislative or judicial branch of state government; any public body corporate and
8politic created by the legislature including specifically the Fox River Navigational
9System Authority, the Lower Fox River Remediation Authority, the Wisconsin
10Aerospace Authority,
the Wisconsin Student Loan Refinancing Authority, the
11Wisconsin Economic Development Corporation, a professional baseball park district,
12a local professional football stadium district, a local cultural arts district
, and a
13long-term care district under s. 46.2895; every Wisconsin works agency under subch.
14III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical
15college district boards; every county department under s. 51.42 or 51.437; every
16nonprofit corporation or cooperative or unincorporated cooperative association to
17which moneys are specifically appropriated by state law; and every corporation,
18institution, association or other organization which receives more than 50% of its
19annual budget from appropriations made by state law, including subgrantee or
20subcontractor recipients of such funds.
AB739-AA1,7g
21Section 7g. 13.95 (intro.) of the statutes is amended to read:
AB739-AA1,4,9
2213.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
23known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
24shall be strictly nonpartisan and shall at all times observe the confidential nature
25of the research requests received by it; however, with the prior approval of the
1requester in each instance, the bureau may duplicate the results of its research for
2distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
3designated employees shall at all times, with or without notice, have access to all
4state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
5Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
6Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic
7Development Corporation, and the Fox River Navigational System Authority, and to
8any books, records, or other documents maintained by such agencies or authorities
9and relating to their expenditures, revenues, operations, and structure.
AB739-AA1,8g
10Section 8g. 16.002 (2) of the statutes is amended to read:
AB739-AA1,4,1511
16.002
(2) "Departments" means constitutional offices, departments, and
12independent agencies and includes all societies, associations, and other agencies of
13state government for which appropriations are made by law, but not including
14authorities created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238,
239, 15or 279.
AB739-AA1,9g
16Section 9g. 16.004 (4) of the statutes is amended to read:
AB739-AA1,4,2217
16.004
(4) Freedom of access. The secretary and such employees of the
18department as the secretary designates may enter into the offices of state agencies
19and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237,
20238,
239, and 279, and may examine their books and accounts and any other matter
21that in the secretary's judgment should be examined and may interrogate the
22agency's employees publicly or privately relative thereto.
AB739-AA1,10g
23Section 10g. 16.004 (5) of the statutes is amended to read:
AB739-AA1,5,224
16.004
(5) Agencies and employees to cooperate. All state agencies and
25authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238,
1239, and 279, and their officers and employees, shall cooperate with the secretary
2and shall comply with every request of the secretary relating to his or her functions.
AB739-AA1,11g
3Section 11g. 16.004 (12) (a) of the statutes is amended to read:
AB739-AA1,5,114
16.004
(12) (a) In this subsection, "state agency" means an association,
5authority, board, department, commission, independent agency, institution, office,
6society, or other body in state government created or authorized to be created by the
7constitution or any law, including the legislature, the office of the governor, and the
8courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
9the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
10Wisconsin Economic Development Corporation,
the Wisconsin Student Loan
11Refinancing Authority, and the Fox River Navigational System Authority.
AB739-AA1,12g
12Section 12g. 16.045 (1) (a) of the statutes is amended to read:
AB739-AA1,5,1813
16.045
(1) (a) "Agency" means an office, department, independent agency,
14institution of higher education, association, society, or other body in state
15government created or authorized to be created by the constitution or any law, that
16is entitled to expend moneys appropriated by law, including the legislature and the
17courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232,
18233, 234, 237, 238,
239, or 279.
AB739-AA1,13g
19Section 13g. 16.15 (1) (ab) of the statutes is amended to read:
AB739-AA1,5,2320
16.15
(1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
21excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
22River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 23and the Wisconsin Economic Development Corporation.
AB739-AA1,14g
24Section 14g. 16.41 (4) of the statutes is amended to read:
AB739-AA1,6,2
116.41
(4) In this section, "authority" means a body created under subch. II of
2ch. 114 or under ch. 231, 233, 234, 237, 238,
239, or 279.
AB739-AA1,15g
3Section 15g. 16.417 (1) (b) of the statutes is amended to read:
AB739-AA1,6,54
16.417
(1) (b) "Authority" means a body created under subch. II of ch. 114 or
5ch. 231, 232, 233, 234, 237, 238,
239, or 279.
AB739-AA1,16g
6Section 16g. 16.52 (7) of the statutes is amended to read:
AB739-AA1,6,167
16.52
(7) Petty cash account. With the approval of the secretary, each agency
8that is authorized to maintain a contingent fund under s. 20.920 may establish a
9petty cash account from its contingent fund. The procedure for operation and
10maintenance of petty cash accounts and the character of expenditures therefrom
11shall be prescribed by the secretary. In this subsection, "agency" means an office,
12department, independent agency, institution of higher education, association,
13society, or other body in state government created or authorized to be created by the
14constitution or any law, that is entitled to expend moneys appropriated by law,
15including the legislature and the courts, but not including an authority created in
16subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238,
239, or 279.
AB739-AA1,17g
17Section 17g. 16.528 (1) (a) of the statutes is amended to read:
AB739-AA1,6,2318
16.528
(1) (a) "Agency" means an office, department, independent agency,
19institution of higher education, association, society, or other body in state
20government created or authorized to be created by the constitution or any law, that
21is entitled to expend moneys appropriated by law, including the legislature and the
22courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
23234, 237, 238,
239, or 279.
AB739-AA1,18g
24Section 18g. 16.53 (2) of the statutes is amended to read:
AB739-AA1,7,9
116.53
(2) Improper invoices. If an agency receives an improperly completed
2invoice, the agency shall notify the sender of the invoice within 10 working days after
3it receives the invoice of the reason it is improperly completed. In this subsection,
4"agency" means an office, department, independent agency, institution of higher
5education, association, society, or other body in state government created or
6authorized to be created by the constitution or any law, that is entitled to expend
7moneys appropriated by law, including the legislature and the courts, but not
8including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238,
9239, or 279.
AB739-AA1,19g
10Section 19g. 16.54 (9) (a) 1. of the statutes is amended to read:
AB739-AA1,7,1611
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
12institution of higher education, association, society or other body in state
13government created or authorized to be created by the constitution or any law, which
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
16234, 237, 238,
239, or 279.
AB739-AA1,20g
17Section 20g. 16.765 (1) of the statutes is amended to read:
AB739-AA1,8,318
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
19Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
20Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
21Student Loan Refinancing Authority, the Wisconsin Economic Development
22Corporation, and the Bradley Center Sports and Entertainment Corporation shall
23include in all contracts executed by them a provision obligating the contractor not
24to discriminate against any employee or applicant for employment because of age,
25race, religion, color, handicap, sex, physical condition, developmental disability as
1defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
2origin and, except with respect to sexual orientation, obligating the contractor to take
3affirmative action to ensure equal employment opportunities.
AB739-AA1,21g
4Section 21g. 16.765 (2) of the statutes is amended to read:
AB739-AA1,8,225
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
6Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
7Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
8Student Loan Refinancing Authority, the Wisconsin Economic Development
9Corporation, and the Bradley Center Sports and Entertainment Corporation shall
10include the following provision in every contract executed by them: "In connection
11with the performance of work under this contract, the contractor agrees not to
12discriminate against any employee or applicant for employment because of age, race,
13religion, color, handicap, sex, physical condition, developmental disability as defined
14in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
15not be limited to, the following: employment, upgrading, demotion or transfer;
16recruitment or recruitment advertising; layoff or termination; rates of pay or other
17forms of compensation; and selection for training, including apprenticeship. Except
18with respect to sexual orientation, the contractor further agrees to take affirmative
19action to ensure equal employment opportunities. The contractor agrees to post in
20conspicuous places, available for employees and applicants for employment, notices
21to be provided by the contracting officer setting forth the provisions of the
22nondiscrimination clause".
AB739-AA1,22g
23Section 22g. 16.765 (5) of the statutes is amended to read:
AB739-AA1,9,1524
16.765
(5) The head of each contracting agency and the boards of directors of
25the University of Wisconsin Hospitals and Clinics Authority, the Fox River
1Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
2River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 3the Wisconsin Economic Development Corporation, and the Bradley Center Sports
4and Entertainment Corporation shall be primarily responsible for obtaining
5compliance by any contractor with the nondiscrimination and affirmative action
6provisions prescribed by this section, according to procedures recommended by the
7department. The department shall make recommendations to the contracting
8agencies and the boards of directors of the University of Wisconsin Hospitals and
9Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
10Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
11Student Loan Refinancing Authority, the Wisconsin Economic Development
12Corporation, and the Bradley Center Sports and Entertainment Corporation for
13improving and making more effective the nondiscrimination and affirmative action
14provisions of contracts. The department shall promulgate such rules as may be
15necessary for the performance of its functions under this section.
AB739-AA1,23g
16Section 23g. 16.765 (6) of the statutes is amended to read:
AB739-AA1,9,2517
16.765
(6) The department may receive complaints of alleged violations of the
18nondiscrimination provisions of such contracts. The department shall investigate
19and determine whether a violation of this section has occurred. The department may
20delegate this authority to the contracting agency, the University of Wisconsin
21Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
22Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
23Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic
24Development Corporation, or the Bradley Center Sports and Entertainment
25Corporation for processing in accordance with the department's procedures.
AB739-AA1,24g
1Section 24g. 16.765 (7) (intro.) of the statutes is amended to read:
AB739-AA1,10,122
16.765
(7) (intro.) When a violation of this section has been determined by the
3department, the contracting agency, the University of Wisconsin Hospitals and
4Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
5Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
6Student Loan Refinancing Authority, the Wisconsin Economic Development
7Corporation, or the Bradley Center Sports and Entertainment Corporation, the
8contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
9Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
10Lower Fox River Remediation Authority,
the Wisconsin Student Loan Refinancing
11Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
12Sports and Entertainment Corporation shall:
AB739-AA1,25g
13Section 25g. 16.765 (7) (d) of the statutes is amended to read:
AB739-AA1,10,2014
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
15further violations of this section and to report its corrective action to the contracting
16agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
17Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
18River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 19the Wisconsin Economic Development Corporation, or the Bradley Center Sports
20and Entertainment Corporation.
AB739-AA1,26g
21Section 26g. 16.765 (8) of the statutes is amended to read:
AB739-AA1,11,1422
16.765
(8) If further violations of this section are committed during the term
23of the contract, the contracting agency, the Fox River Navigational System Authority,
24the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
25Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic
1Development Corporation, or the Bradley Center Sports and Entertainment
2Corporation may permit the violating party to complete the contract, after complying
3with this section, but thereafter the contracting agency, the Fox River Navigational
4System Authority, the Wisconsin Aerospace Authority, the Lower Fox River
5Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, the
6Wisconsin Economic Development Corporation, or the Bradley Center Sports and
7Entertainment Corporation shall request the department to place the name of the
8party on the ineligible list for state contracts, or the contracting agency, the Fox River
9Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
10River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 11the Wisconsin Economic Development Corporation, or the Bradley Center Sports
12and Entertainment Corporation may terminate the contract without liability for the
13uncompleted portion or any materials or services purchased or paid for by the
14contracting party for use in completing the contract.
AB739-AA1,27g
15Section 27g. 16.85 (2) of the statutes is amended to read:
AB739-AA1,11,2516
16.85
(2) To furnish engineering, architectural, project management, and other
17building construction services whenever requisitions therefor are presented to the
18department by any agency. The department may deposit moneys received from the
19provision of these services in the account under s. 20.505 (1) (kc) or in the general
20fund as general purpose revenue — earned. In this subsection, "agency" means an
21office, department, independent agency, institution of higher education, association,
22society, or other body in state government created or authorized to be created by the
23constitution or any law, which is entitled to expend moneys appropriated by law,
24including the legislature and the courts, but not including an authority created in
25subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238,
239, or 279.
AB739-AA1,28g
1Section 28g. 16.865 (8) of the statutes is amended to read:
AB739-AA1,12,162
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
3proportionate share of the estimated costs attributable to programs administered by
4the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
5may charge premiums to agencies to finance costs under this subsection and pay the
6costs from the appropriation on an actual basis. The department shall deposit all
7collections under this subsection in the appropriation account under s. 20.505 (2) (k).
8Costs assessed under this subsection may include judgments, investigative and
9adjustment fees, data processing and staff support costs, program administration
10costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
11subsection, "agency" means an office, department, independent agency, institution
12of higher education, association, society, or other body in state government created
13or authorized to be created by the constitution or any law, that is entitled to expend
14moneys appropriated by law, including the legislature and the courts, but not
15including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237,
16238,
239, or 279.
AB739-AA1,29g
17Section 29g. 19.42 (10) (t) of the statutes is created to read:
AB739-AA1,12,1918
19.42
(10) (t) The chief executive officer and members of the board of directors
19of the Wisconsin Student Loan Refinancing Authority.
AB739-AA1,30g
20Section 30g. 19.42 (13) (p) of the statutes is created to read:
AB739-AA1,12,2221
19.42
(13) (p) The chief executive officer and members of the board of directors
22of the Wisconsin Student Loan Refinancing Authority.
AB739-AA1,31g
23Section 31g. 20.005 (3) (schedule) of the statutes: at the appropriate place,
24insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB739-AA1,32g
1Section 32g. 20.195 of the statutes is created to read:
AB739-AA1,13,4
220.195 Wisconsin Student Loan Refinancing Authority. There is
3appropriated to the Wisconsin Student Loan Refinancing Authority for the following
4programs:
AB739-AA1,13,8
5(1) Student loan refinancing program. (a)
Initial funding. Biennially, the
6amounts in the schedule to fund the initial costs of operating the Wisconsin Student
7Loan Refinancing Authority and to start the student loan refinancing program under
8ch. 239.
AB739-AA1,33g
9Section 33g. 40.02 (54) (n) of the statutes is created to read:
AB739-AA1,13,1010
40.02
(54) (n) The Wisconsin Student Loan Refinancing Authority.
AB739-AA1,34g
11Section 34g. 70.11 (38v) of the statutes is created to read:
AB739-AA1,13,1512
70.11
(38v) Wisconsin Student Loan Refinancing Authority. All property
13owned by the Wisconsin Student Loan Refinancing Authority, provided that use of
14the property is primarily related to the purposes of the Wisconsin Student loan
15Refinancing Authority.".
AB739-AA1,13,18
18"
Section 36g. 77.54 (9a) (a) of the statutes is amended to read:
AB739-AA1,14,4
177.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
2Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin
3Economic Development Corporation,
the Wisconsin Student Loan Refinancing
4Authority, and the Fox River Navigational System Authority.
AB739-AA1,37g
5Section 37g. 100.45 (1) (dm) of the statutes is amended to read:
AB739-AA1,14,156
100.45
(1) (dm) "State agency" means any office, department, agency,
7institution of higher education, association, society, or other body in state
8government created or authorized to be created by the constitution or any law which
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, the Wisconsin Housing and Economic Development Authority, the Bradley
11Center Sports and Entertainment Corporation, the University of Wisconsin
12Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
13Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic
14Development Corporation,
the Wisconsin Student Loan Refinancing Authority, and
15the Fox River Navigational System Authority.
AB739-AA1,15,218
230.03
(3) "Agency" means any board, commission, committee, council, or
19department in state government or a unit thereof created by the constitution or
20statutes if such board, commission, committee, council, department, unit, or the
21head thereof, is authorized to appoint subordinate staff by the constitution or
22statute, except the Board of Regents of the University of Wisconsin System, a
23legislative or judicial board, commission, committee, council, department, or unit
24thereof or an authority created under subch. II of ch. 114 or under ch. 231, 232, 233,
25234, 237, 238,
239, or 279. "Agency" does not mean any local unit of government or
1body within one or more local units of government that is created by law or by action
2of one or more local units of government.
AB739-AA1,39g
3Section 39g. Chapter 239 of the statutes is created to read:
AB739-AA1,15,6
5Wisconsin Student Loan
6
REFINANCING Authority
AB739-AA1,15,7
7239.01 Definitions. In this chapter:
AB739-AA1,15,8
8(1) "Authority" means the Wisconsin Student Loan Refinancing Authority.