Amendment AA1-AB739

AB739-AA1,8,3 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB739-AA1,21g Section 21g. 16.765 (2) of the statutes is amended to read:

AB739-AA1,8,22 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB739-AA1,22g Section 22g. 16.765 (5) of the statutes is amended to read:

AB739-AA1,9,15 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB739-AA1,23g Section 23g. 16.765 (6) of the statutes is amended to read:

AB739-AA1,9,25 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB739-AA1,24g Section 24g. 16.765 (7) (intro.) of the statutes is amended to read:

AB739-AA1,10,12 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

AB739-AA1,25g Section 25g. 16.765 (7) (d) of the statutes is amended to read:

AB739-AA1,10,20 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

AB739-AA1,26g Section 26g. 16.765 (8) of the statutes is amended to read:

AB739-AA1,11,14 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

AB739-AA1,27g Section 27g. 16.85 (2) of the statutes is amended to read:

AB739-AA1,11,25 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent 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, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238, 239, or 279.

AB739-AA1,28g Section 28g. 16.865 (8) of the statutes is amended to read:

AB739-AA1,12,16 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, 239, or 279.

AB739-AA1,29g Section 29g. 19.42 (10) (t) of the statutes is created to read:

AB739-AA1,12,19 19.42 (10) (t) The chief executive officer and members of the board of directors of the Wisconsin Student Loan Refinancing Authority.

AB739-AA1,30g Section 30g. 19.42 (13) (p) of the statutes is created to read:

AB739-AA1,12,22 19.42 (13) (p) The chief executive officer and members of the board of directors of the Wisconsin Student Loan Refinancing Authority.

AB739-AA1,31g Section 31g. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB739-AA1,32g Section 32g. 20.195 of the statutes is created to read:

AB739-AA1,13,4 20.195 Wisconsin Student Loan Refinancing Authority. There is appropriated to the Wisconsin Student Loan Refinancing Authority for the following programs:

AB739-AA1,13,8 (1) Student loan refinancing program. (a) Initial funding. Biennially, the amounts in the schedule to fund the initial costs of operating the Wisconsin Student Loan Refinancing Authority and to start the student loan refinancing program under ch. 239.

AB739-AA1,33g Section 33g. 40.02 (54) (n) of the statutes is created to read:

AB739-AA1,13,10 40.02 (54) (n) The Wisconsin Student Loan Refinancing Authority.

AB739-AA1,34g Section 34g. 70.11 (38v) of the statutes is created to read:

AB739-AA1,13,15 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.".

AB739-AA1,13,16 3. Page 1, line 4: delete " Section 1" and substitute "Section 35g".

AB739-AA1,13,17 4. Page 2, line 10: after that line insert:

AB739-AA1,13,18 " Section 36g. 77.54 (9a) (a) of the statutes is amended to read:

AB739-AA1,14,4 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, the Wisconsin Student Loan Refinancing Authority, and the Fox River Navigational System Authority.

AB739-AA1,37g Section 37g. 100.45 (1) (dm) of the statutes is amended to read:

AB739-AA1,14,15 100.45 (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.

AB739-AA1,38g Section 38g. 230.03 (3) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB739-AA1,15,2 230.03 (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 the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 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.

AB739-AA1,39g Section 39g. Chapter 239 of the statutes is created to read:

AB739-AA1,15,4 Chapter 239

AB739-AA1,15,6 Wisconsin Student Loan REFINANCING Authority

AB739-AA1,15,7 239.01 Definitions. In this chapter:

AB739-AA1,15,8 (1) "Authority" means the Wisconsin Student Loan Refinancing Authority.

AB739-AA1,15,9 (2) "Board" means the governing board of the authority.

AB739-AA1,15,10 (3) "Qualified education loan" has the meaning given in 26 USC 221 (d).

AB739-AA1,15,14 239.02 Creation and organization of authority. (1) (a) There is created an authority, which is a public body corporate and politic, to be known as the "Wisconsin Student Loan Refinancing Authority." The members of the board shall consist of all of the following:

AB739-AA1,15,15 1. One member of the majority party in each house of the legislature.

AB739-AA1,15,16 2. One member of the minority party in each house of the legislature.

AB739-AA1,15,19 3. One undergraduate student enrolled at least half-time and in good academic standing at an institution within the University of Wisconsin System who is at least 18 years old and a resident of this state.

AB739-AA1,15,21 4. One student enrolled at least half-time and in good academic standing at a technical college who is at least 18 years old and a resident of this state.

AB739-AA1,15,24 5. One undergraduate student enrolled at least half-time and in good academic standing at a private, nonprofit institution of higher education located in this state who is at least 18 years old and a resident of this state.

AB739-AA1,16,6 6. Two members who have at least 10 years experience in making qualified education loans or loan refinancing, but any person having a financial interest in or whose employer is primarily engaged in the business of making qualified education loans is not eligible for appointment under this subdivision, and any member appointed under this subdivision who acquires such an interest while serving as a member shall resign from the board.

AB739-AA1,16,8 (b) 1. The members specified in par. (a) 1. and 2. shall be appointed as are the members of standing committees in their respective houses.

AB739-AA1,16,10 2. The members specified in par. (a) 3. to 5. shall be nominated by the governor, and with the advice and consent of the senate appointed, for 2-year terms.

AB739-AA1,16,12 3. The members specified in par. (a) 6. shall be nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms.

AB739-AA1,16,18 (2) If a student member of the board appointed under sub. (1) (a) 3. to 5. loses his or her student status upon which the appointment was based, he or she ceases to be a member of the board upon the appointment of a qualified successor to the board. A student member who loses his or her student status solely because he or she graduates from an institution of higher education may complete his or her current term on the board.

AB739-AA1,16,24 (3) The members of the board shall annually elect a chairperson and may elect other officers as they consider appropriate. A majority of the members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the voting members present.

AB739-AA1,17,3 (4) A member of the board may not be compensated for his or her services but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the performance of his or her duties.

AB739-AA1,17,7 (5) No cause of action of any nature may arise against and no civil liability may be imposed upon a member of the board for any act or omission in the performance of his or her powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes willful misconduct.

AB739-AA1,17,18 (6) The board shall appoint a chief executive officer who shall not be a member of the board and who shall serve at the pleasure of the board. The chief executive officer shall receive such compensation as the board fixes. The chief executive officer or other person designated by resolution of the board shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The chief executive officer or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

AB739-AA1,17,21 239.03 Powers of board. The board shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted the board under this chapter, the board may specifically:

AB739-AA1,17,23 (1) Adopt, amend, and repeal any bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

AB739-AA1,17,24 (2) Have a seal and alter the seal at pleasure.

AB739-AA1,17,25 (3) Maintain an office.

AB739-AA1,18,1 (4) Sue and be sued.

AB739-AA1,18,3 (5) Accept gifts, grants, loans, or other contributions from private or public sources.

AB739-AA1,18,5 (6) Establish the authority's annual budget and monitor the fiscal management of the authority.

AB739-AA1,18,7 (7) Execute contracts and other instruments required for the operation of the authority.

AB739-AA1,18,9 (8) Employ any officers, agents, and employees that it may require and determine their qualifications, duties, and compensation.

AB739-AA1,18,10 (9) Issue notes, bonds, and any other obligations.

AB739-AA1,18,11 (10) Make loans and provide grants.

AB739-AA1,18,12 (11) Incur debt.

AB739-AA1,18,13 (12) Procure liability insurance.

AB739-AA1,18,16 239.04 Duties of board. The board shall develop and implement a program under which state residents may refinance qualified education loans. The board shall develop the program to include all of the following:

AB739-AA1,18,18 (1) The authority shall provide a loan to an eligible individual to pay all or part of the individual's qualified education loans.

AB739-AA1,18,20 (2) The authority may only issue loans under the program that satisfy the exception to discharge under 11 USC 523 (8).

AB739-AA1,18,24 (3) The authority shall establish eligibility criteria to participate in the program that is substantially similar to the criteria used by private lenders in the state to evaluate whether an individual qualifies for an unsecured personal loan at market rates.

AB739-AA1,19,3 (4) The board shall set the interest rate on loans made under the program to be as low as possible but still sufficient to fully pay all expenses of the program and to provide necessary reserves, as determined by the board.

AB739-AA1,19,6 239.05 Issuance of bonds. (1) The authority may issue bonds for any corporate purpose. All bonds are negotiable for all purposes, notwithstanding their payment from a limited source.

AB739-AA1,19,10 (2) Except as otherwise expressly provided by the authority, every issue of its notes or bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular receipts or revenues.

AB739-AA1,19,12 (3) All bonds issued by the authority are negotiable investment securities under ch. 408.

AB739-AA1,19,23 (4) The authority may not issue bonds unless the issuance is first authorized by a bond resolution. Bonds shall bear the dates, mature at the times not exceeding 50 years from their dates of issue, bear interest at the rates, be payable at the times, be in the denominations, be in the form, carry the registration and conversion privileges, be executed in the manner, be payable in lawful money of the United States at the places, and be subject to the terms of redemption, that the bond resolution provides. The bonds shall be executed by the manual or facsimile signatures of the officers of the authority designated by the board. The bonds may be sold at public or private sale at the price, in the manner, and at the time determined by the board. Pending preparation of definitive bonds, the authority may issue interim receipts or certificates that shall be exchanged for the definitive bonds.

AB739-AA1,20,3 (5) The board may include in bond resolution provisions, which shall be a part of the contract with the holders of the bonds that are authorized by the bond resolution, regarding any of the following:

AB739-AA1,20,4 (a) Pledging or assigning specified assets or revenues of the authority.

AB739-AA1,20,6 (b) Setting aside reserves or sinking funds, and the regulation, investment, and disposition of these funds.

AB739-AA1,20,8 (c) Limitations on the purpose to which or the investments in which the proceeds of the sale of any issue of bonds may be applied.

AB739-AA1,20,11 (d) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds.

AB739-AA1,20,12 (e) Funding, refunding, advance refunding, or purchasing outstanding bonds.

AB739-AA1,20,15 (f) Procedures, if any, by which the terms of any contract with bondholders may be amended, the amount of bonds the holders of which must consent to the amendment, and the manner in which this consent may be given.

AB739-AA1,20,18 (g) Defining the acts or omissions to act that constitute a default in the duties of the authority to the bondholders, and providing the rights and remedies of the bondholders in the event of a default.