LRBs0396/1
ARG:wlj&kjf
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 592
March 2, 2016 - Offered by Senators
Hansen and Bewley.
SB592-SSA1,1,9
1An Act to amend 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.94 (4) (a) 1., 13.95
2(intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15
3(1) (ab), 16.41 (4), 16.417 (1) (b), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a)
41., 16.765 (1), 16.765 (2), 16.765 (5), 16.765 (6), 16.765 (7) (intro.), 16.765 (7) (d),
516.765 (8), 16.85 (2), 16.865 (8), 77.54 (9a) (a), 100.45 (1) (dm) and 230.03 (3);
6and
to create 13.94 (1) (dt), 13.94 (1s) (c) 9., 19.42 (10) (t), 19.42 (13) (p), 20.195,
740.02 (54) (n), 70.11 (38v) and chapter 239 of the statutes;
relating to: creating
8an authority to be known as the Wisconsin Student Loan Refinancing Authority
9and making an appropriation.
Analysis by the Legislative Reference Bureau
The Wisconsin Student Loan Refinancing Authority
This substitute amendment creates an authority, which is a public body
corporate and politic, to be known as the Wisconsin Student Loan Refinancing
Authority (WSLRA). The WSLRA is governed by a board that consists of four
members of the legislature, three members who are students of an institution of
higher learning, and two members with experience in making student loans. The
five members of the board who are not members of the legislature are nominated by
the governor, and with the advice and consent of the senate appointed, to serve two-
or three-year terms. The board appoints the chief executive officer of WSLRA and
annually elects the chairperson of the board. The board is given all the powers
necessary or convenient to carry out its duties, as well as specific powers to conduct
its corporate business, including the power to issue bonds for any corporate purpose.
Under the substitute amendment, the board must develop and implement a
loan program under which state residents may refinance student loans. Under the
program, WSLRA provides a loan to an individual to pay off some or all of his or her
outstanding student loan debt. To qualify for the program, an individual must satisfy
similar eligibility requirements to the criteria a private lender uses to make an
unsecured personal loan at market rates. Under the substitute amendment, WSLRA
must provide loans under the program at the lowest possible interest rate that is still
sufficient to cover the expenses of the program. A loan issued under the program is
not dischargeable in a bankruptcy proceeding.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB592-SSA1,1
1Section
1. 13.172 (1) of the statutes is amended to read:
SB592-SSA1,2,72
13.172
(1) In this section, "agency" means an office, department, agency,
3institution of higher education, association, society, or other body in state
4government created or authorized to be created by the constitution or any law, that
5is entitled to expend moneys appropriated by law, including the legislature and the
6courts, and any authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238,
7239, or 279.
SB592-SSA1,2
8Section
2. 13.48 (13) (a) of the statutes is amended to read:
SB592-SSA1,3,89
13.48
(13) (a) Except as provided in par. (b) or (c), every building, structure or
10facility that is constructed for the benefit of or use of the state, any state agency,
11board, commission or department, the University of Wisconsin Hospitals and Clinics
12Authority, the Fox River Navigational System Authority,
the Wisconsin Student
13Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or
1any local professional baseball park district created under subch. III of ch. 229 if the
2construction is undertaken by the department of administration on behalf of the
3district, shall be in compliance with all applicable state laws, rules, codes and
4regulations but the construction is not subject to the ordinances or regulations of the
5municipality in which the construction takes place except zoning, including without
6limitation because of enumeration ordinances or regulations relating to materials
7used, permits, supervision of construction or installation, payment of permit fees, or
8other restrictions.
SB592-SSA1,3
9Section
3. 13.62 (2) of the statutes is amended to read:
SB592-SSA1,3,1310
13.62
(2) "Agency" means any board, commission, department, office, society,
11institution of higher education, council, or committee in the state government, or any
12authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238,
239, 13or 279, except that the term does not include a council or committee of the legislature.
SB592-SSA1,4
14Section
4. 13.94 (1) (dt) of the statutes is created to read:
SB592-SSA1,3,1915
13.94
(1) (dt) Biennially, beginning in 2017, conduct a financial audit of the
16Wisconsin Student Loan Refinancing Authority and a program evaluation audit of
17the programs administered by the Wisconsin Student Loan Refinancing Authority
18under ch. 239. The legislative audit bureau shall file a copy of each audit report
19under this paragraph with the distributees specified in par. (b).
SB592-SSA1,5
20Section
5. 13.94 (1s) (c) 9. of the statutes is created to read:
SB592-SSA1,3,2221
13.94
(1s) (c) 9. The Wisconsin Student Loan Refinancing Authority for the cost
22of the audit required to be performed under sub. (1) (dt).
SB592-SSA1,6
23Section
6. 13.94 (4) (a) 1. of the statutes is amended to read:
SB592-SSA1,4,1524
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
25credentialing board, commission, independent agency, council or office in the
1executive branch of state government; all bodies created by the legislature in the
2legislative or judicial branch of state government; any public body corporate and
3politic created by the legislature including specifically the Fox River Navigational
4System Authority, the Lower Fox River Remediation Authority, the Wisconsin
5Aerospace Authority,
the Wisconsin Student Loan Refinancing Authority, the
6Wisconsin Economic Development Corporation, a professional baseball park district,
7a local professional football stadium district, a local cultural arts district
, and a
8long-term care district under s. 46.2895; every Wisconsin works agency under subch.
9III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical
10college district boards; every county department under s. 51.42 or 51.437; every
11nonprofit corporation or cooperative or unincorporated cooperative association to
12which moneys are specifically appropriated by state law; and every corporation,
13institution, association or other organization which receives more than 50% of its
14annual budget from appropriations made by state law, including subgrantee or
15subcontractor recipients of such funds.
SB592-SSA1,7
16Section
7. 13.95 (intro.) of the statutes is amended to read:
SB592-SSA1,5,4
1713.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
18known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
19shall be strictly nonpartisan and shall at all times observe the confidential nature
20of the research requests received by it; however, with the prior approval of the
21requester in each instance, the bureau may duplicate the results of its research for
22distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
23designated employees shall at all times, with or without notice, have access to all
24state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
25Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
1Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic
2Development Corporation, and the Fox River Navigational System Authority, and to
3any books, records, or other documents maintained by such agencies or authorities
4and relating to their expenditures, revenues, operations, and structure.
SB592-SSA1,8
5Section
8. 16.002 (2) of the statutes is amended to read:
SB592-SSA1,5,106
16.002
(2) "Departments" means constitutional offices, departments, and
7independent agencies and includes all societies, associations, and other agencies of
8state government for which appropriations are made by law, but not including
9authorities created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238,
239, 10or 279.
SB592-SSA1,9
11Section
9. 16.004 (4) of the statutes is amended to read:
SB592-SSA1,5,1712
16.004
(4) Freedom of access. The secretary and such employees of the
13department as the secretary designates may enter into the offices of state agencies
14and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237,
15238,
239, and 279, and may examine their books and accounts and any other matter
16that in the secretary's judgment should be examined and may interrogate the
17agency's employees publicly or privately relative thereto.
SB592-SSA1,10
18Section
10. 16.004 (5) of the statutes is amended to read:
SB592-SSA1,5,2219
16.004
(5) Agencies and employees to cooperate. All state agencies and
20authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238,
21239, and 279, and their officers and employees, shall cooperate with the secretary
22and shall comply with every request of the secretary relating to his or her functions.
SB592-SSA1,11
23Section
11. 16.004 (12) (a) of the statutes is amended to read:
SB592-SSA1,6,624
16.004
(12) (a) In this subsection, "state agency" means an association,
25authority, board, department, commission, independent agency, institution, office,
1society, or other body in state government created or authorized to be created by the
2constitution or any law, including the legislature, the office of the governor, and the
3courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
4the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
5Wisconsin Economic Development Corporation,
the Wisconsin Student Loan
6Refinancing Authority, and the Fox River Navigational System Authority.
SB592-SSA1,12
7Section
12. 16.045 (1) (a) of the statutes is amended to read:
SB592-SSA1,6,138
16.045
(1) (a) "Agency" means an office, department, independent agency,
9institution of higher education, association, society, or other body in state
10government created or authorized to be created by the constitution or any law, that
11is entitled to expend moneys appropriated by law, including the legislature and the
12courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232,
13233, 234, 237, 238,
239, or 279.
SB592-SSA1,13
14Section
13. 16.15 (1) (ab) of the statutes is amended to read:
SB592-SSA1,6,1815
16.15
(1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
16excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
17River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 18and the Wisconsin Economic Development Corporation.
SB592-SSA1,14
19Section
14. 16.41 (4) of the statutes is amended to read:
SB592-SSA1,6,2120
16.41
(4) In this section, "authority" means a body created under subch. II of
21ch. 114 or under ch. 231, 233, 234, 237, 238,
239, or 279.
SB592-SSA1,15
22Section
15
. 16.417 (1) (b) of the statutes is amended to read:
SB592-SSA1,6,2423
16.417
(1) (b) "Authority" means a body created under subch. II of ch. 114 or
24ch. 231, 232, 233, 234, 237, 238,
239, or 279.
SB592-SSA1,16
25Section
16. 16.52 (7) of the statutes is amended to read:
SB592-SSA1,7,10
116.52
(7) Petty cash account. With the approval of the secretary, each agency
2that is authorized to maintain a contingent fund under s. 20.920 may establish a
3petty cash account from its contingent fund. The procedure for operation and
4maintenance of petty cash accounts and the character of expenditures therefrom
5shall be prescribed by the secretary. In this subsection, "agency" means an office,
6department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, that is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238,
239, or 279.
SB592-SSA1,17
11Section
17. 16.528 (1) (a) of the statutes is amended to read:
SB592-SSA1,7,1712
16.528
(1) (a) "Agency" means an office, department, independent agency,
13institution of higher education, association, society, or other body in state
14government created or authorized to be created by the constitution or any law, that
15is entitled to expend moneys appropriated by law, including the legislature and the
16courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
17234, 237, 238,
239, or 279.
SB592-SSA1,18
18Section
18. 16.53 (2) of the statutes is amended to read:
SB592-SSA1,8,219
16.53
(2) Improper invoices. If an agency receives an improperly completed
20invoice, the agency shall notify the sender of the invoice within 10 working days after
21it receives the invoice of the reason it is improperly completed. In this subsection,
22"agency" means an office, department, independent agency, institution of higher
23education, association, society, or other body in state government created or
24authorized to be created by the constitution or any law, that is entitled to expend
25moneys appropriated by law, including the legislature and the courts, but not
1including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238,
2239, or 279.
SB592-SSA1,19
3Section
19. 16.54 (9) (a) 1. of the statutes is amended to read:
SB592-SSA1,8,94
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
5institution of higher education, association, society or other body in state
6government created or authorized to be created by the constitution or any law, which
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
9234, 237, 238,
239, or 279.
SB592-SSA1,20
10Section
20. 16.765 (1) of the statutes is amended to read:
SB592-SSA1,8,2111
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
12Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
14Student Loan Refinancing Authority, the Wisconsin Economic Development
15Corporation, and the Bradley Center Sports and Entertainment Corporation shall
16include in all contracts executed by them a provision obligating the contractor not
17to discriminate against any employee or applicant for employment because of age,
18race, religion, color, handicap, sex, physical condition, developmental disability as
19defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
20origin and, except with respect to sexual orientation, obligating the contractor to take
21affirmative action to ensure equal employment opportunities.
SB592-SSA1,21
22Section
21. 16.765 (2) of the statutes is amended to read:
SB592-SSA1,9,1523
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
24Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
25Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
1Student Loan Refinancing Authority, the Wisconsin Economic Development
2Corporation, and the Bradley Center Sports and Entertainment Corporation shall
3include the following provision in every contract executed by them: "In connection
4with the performance of work under this contract, the contractor agrees not to
5discriminate against any employee or applicant for employment because of age, race,
6religion, color, handicap, sex, physical condition, developmental disability as defined
7in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
8not be limited to, the following: employment, upgrading, demotion or transfer;
9recruitment or recruitment advertising; layoff or termination; rates of pay or other
10forms of compensation; and selection for training, including apprenticeship. Except
11with respect to sexual orientation, the contractor further agrees to take affirmative
12action to ensure equal employment opportunities. The contractor agrees to post in
13conspicuous places, available for employees and applicants for employment, notices
14to be provided by the contracting officer setting forth the provisions of the
15nondiscrimination clause".
SB592-SSA1,22
16Section
22. 16.765 (5) of the statutes is amended to read:
SB592-SSA1,9,2517
16.765
(5) The head of each contracting agency and the boards of directors of
18the University of Wisconsin Hospitals and Clinics Authority, the Fox River
19Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
20River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 21the Wisconsin Economic Development Corporation, and the Bradley Center Sports
22and Entertainment Corporation shall be primarily responsible for obtaining
23compliance by any contractor with the nondiscrimination and affirmative action
24provisions prescribed by this section, according to procedures recommended by the
25department. The department shall make recommendations to the contracting
1agencies and the boards of directors of the University of Wisconsin Hospitals and
2Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
3Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
4Student Loan Refinancing Authority, the Wisconsin Economic Development
5Corporation, and the Bradley Center Sports and Entertainment Corporation for
6improving and making more effective the nondiscrimination and affirmative action
7provisions of contracts. The department shall promulgate such rules as may be
8necessary for the performance of its functions under this section.
SB592-SSA1,23
9Section
23. 16.765 (6) of the statutes is amended to read:
SB592-SSA1,10,1810
16.765
(6) The department may receive complaints of alleged violations of the
11nondiscrimination provisions of such contracts. The department shall investigate
12and determine whether a violation of this section has occurred. The department may
13delegate this authority to the contracting agency, the University of Wisconsin
14Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
15Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
16Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic
17Development Corporation, or the Bradley Center Sports and Entertainment
18Corporation for processing in accordance with the department's procedures.
SB592-SSA1,24
19Section
24. 16.765 (7) (intro.) of the statutes is amended to read:
SB592-SSA1,11,520
16.765
(7) (intro.) When a violation of this section has been determined by the
21department, the contracting agency, the University of Wisconsin Hospitals and
22Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
23Aerospace Authority, the Lower Fox River Remediation Authority,
the Wisconsin
24Student Loan Refinancing Authority, the Wisconsin Economic Development
25Corporation, or the Bradley Center Sports and Entertainment Corporation, the
1contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
2Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
3Lower Fox River Remediation Authority,
the Wisconsin Student Loan Refinancing
4Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
5Sports and Entertainment Corporation shall:
SB592-SSA1,25
6Section
25. 16.765 (7) (d) of the statutes is amended to read:
SB592-SSA1,11,137
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
8further violations of this section and to report its corrective action to the contracting
9agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
10Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
11River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 12the Wisconsin Economic Development Corporation, or the Bradley Center Sports
13and Entertainment Corporation.
SB592-SSA1,26
14Section
26. 16.765 (8) of the statutes is amended to read:
SB592-SSA1,12,715
16.765
(8) If further violations of this section are committed during the term
16of the contract, the contracting agency, the Fox River Navigational System Authority,
17the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
18Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic
19Development Corporation, or the Bradley Center Sports and Entertainment
20Corporation may permit the violating party to complete the contract, after complying
21with this section, but thereafter the contracting agency, the Fox River Navigational
22System Authority, the Wisconsin Aerospace Authority, the Lower Fox River
23Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, the
24Wisconsin Economic Development Corporation, or the Bradley Center Sports and
25Entertainment Corporation shall request the department to place the name of the
1party on the ineligible list for state contracts, or the contracting agency, the Fox River
2Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
3River Remediation Authority,
the Wisconsin Student Loan Refinancing Authority, 4the Wisconsin Economic Development Corporation, or the Bradley Center Sports
5and Entertainment Corporation may terminate the contract without liability for the
6uncompleted portion or any materials or services purchased or paid for by the
7contracting party for use in completing the contract.
SB592-SSA1,27
8Section
27. 16.85 (2) of the statutes is amended to read:
SB592-SSA1,12,189
16.85
(2) To furnish engineering, architectural, project management, and other
10building construction services whenever requisitions therefor are presented to the
11department by any agency. The department may deposit moneys received from the
12provision of these services in the account under s. 20.505 (1) (kc) or in the general
13fund as general purpose revenue — earned. In this subsection, "agency" means an
14office, department, independent agency, institution of higher education, association,
15society, or other body in state government created or authorized to be created by the
16constitution or any law, which is entitled to expend moneys appropriated by law,
17including the legislature and the courts, but not including an authority created in
18subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238,
239, or 279.
SB592-SSA1,28
19Section
28. 16.865 (8) of the statutes is amended to read:
SB592-SSA1,13,920
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
21proportionate share of the estimated costs attributable to programs administered by
22the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
23may charge premiums to agencies to finance costs under this subsection and pay the
24costs from the appropriation on an actual basis. The department shall deposit all
25collections under this subsection in the appropriation account under s. 20.505 (2) (k).
1Costs assessed under this subsection may include judgments, investigative and
2adjustment fees, data processing and staff support costs, program administration
3costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
4subsection, "agency" means an office, department, independent agency, institution
5of higher education, association, society, or other body in state government created
6or authorized 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, 232, 233, 234, 237,
9238,
239, or 279.