Amendment AA3-SB21

SB21-AA3,9,21 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:

SB21-AA3,24 Section 24. 16.765 (7) (d) of the statutes is amended to read:

SB21-AA3,9,25 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.

SB21-AA3,25 Section 25. 16.765 (8) of the statutes is amended to read:

SB21-AA3,10,23 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.

SB21-AA3,26 Section 26. 16.865 (8) of the statutes is amended to read:

SB21-AA3,11,15 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.

SB21-AA3,27 Section 27. 19.42 (10) (t) of the statutes is created to read:

SB21-AA3,11,18 19.42 (10) (t) The chief executive officer and members of the board of directors of the Wisconsin Student Loan Refinancing Authority.

SB21-AA3,28 Section 28. 19.42 (13) (p) of the statutes is created to read:

SB21-AA3,11,21 19.42 (13) (p) The chief executive officer and members of the board of directors of the Wisconsin Student Loan Refinancing Authority.

SB21-AA3,29 Section 29. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB21-AA3,30 Section 30. 20.195 of the statutes is created to read:

SB21-AA3,12,4 20.195 Wisconsin Student Loan Refinancing Authority. There is appropriated to the Wisconsin Student Loan Refinancing Authority for the following programs:

SB21-AA3,12,8 (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.

SB21-AA3,31 Section 31. 39.28 (7) of the statutes is created to read:

SB21-AA3,12,12 39.28 (7) The board shall create on its Internet site a link to that portion of the department of financial institutions' Internet site created under s. 224.30 (6) (c) and (d).

SB21-AA3,32 Section 32. 39.52 of the statutes is created to read:

SB21-AA3,13,8 39.52 Student loan debt reports. (1) By January 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the board the average amount of student loan incurred in the previous year by resident undergraduate students enrolled in each institution within that system, the technical college system board shall provide to the board the average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in each technical college within that system, each tribally controlled college in this state shall provide to the board the average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in that tribally controlled college, and the Wisconsin Association of Independent Colleges and Universities or a successor organization shall provide to the board the average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in each of the private, nonprofit accredited institutions of higher education in this state.

SB21-AA3,13,9 (2) By March 1 of each year, the board shall do all of the following:

SB21-AA3,13,13 (a) Compile the information provided to the board under sub. (1) and, from that information, compute the statewide average amount of student loan debt incurred in the previous year by resident undergraduate students enrolled in the institutions specified in sub. (1).

SB21-AA3,13,16 (b) Compare the amount computed under par. (a) to the national average amount of student loan debt incurred in the previous year by undergraduate students enrolled in institutions of higher education in the United States.

SB21-AA3,13,20 (c) Compare the amount computed under par. (a) to the statewide average amount of student loan debt incurred in the previous year by undergraduate students in the state with the lowest ratio of statewide average student loan debt to the lowest quintile of state per capita income.

SB21-AA3,13,25 (d) Submit to the joint committee on finance a report regarding student loan debt incurred in the previous year by resident undergraduate students at the institutions specified in sub. (1). The report shall include the information provided to the board under sub. (1), the statewide average amount of student loan debt computed under par. (a), and the comparisons described in pars. (b) and (c).

SB21-AA3,33 Section 33. 39.54 of the statutes is created to read:

SB21-AA3,14,8 39.54 Student lending transparency. (1) In this section, "institution of higher education" means an institution or college campus within the University of Wisconsin System, a technical college within the technical college system, a tribally controlled college, or a private, nonprofit institution of higher education located in this state that provides an educational program for which the institution awards an associate degree or higher or provides a program that is acceptable toward such a degree.

SB21-AA3,14,11 (2) Each institution of higher education shall provide to a prospective or newly accepted student and to the student's parents clearly outlined and easy-to-understand information pertaining to all of the following:

SB21-AA3,14,12 (a) The total cost of attendance at the institution of higher education.

SB21-AA3,14,17 (b) The approximate or, if known, the actual total amount of financial aid that the student would receive from the institution of higher education, and the approximate or, if known, the actual total amount of student loan debt that the student would accumulate, over the course of 4 years if the student were to attend the institution of higher education for 4 years.

SB21-AA3,14,20 (c) Student loan rates, repayment plans, default rates, and the actual monthly payment that would be required to pay the student loan debt described in par. (b) when the loan becomes due.

SB21-AA3,14,23 (3) Each institution of higher education shall create on its Internet site a link to that portion of the department of financial institutions' Internet site created under s. 224.30 (6) (c) and (d).

SB21-AA3,34 Section 34. 39.56 of the statutes is created to read:

SB21-AA3,15,5 39.56 Loan counseling. (1) Definition. In this section, "institution of higher education" means an institution or college campus within the University of Wisconsin System, a technical college under ch. 38, or any private, nonprofit, educational institution located in this state that provides an educational program for which it awards an associate degree or higher.

SB21-AA3,15,9 (2) Applicability. This section applies to any student loan offered by an institution of higher education or a private lender or recommended to a student by an institution of higher education, other than a federally funded, federally insured, or federally guaranteed loan for which counseling is required by 20 USC 1092.

SB21-AA3,15,17 (3) Entrance counseling. (a) Before a student enters into a student loan agreement, an institution of higher education shall provide the student with comprehensive information on the terms and conditions of a loan and the responsibilities the student has with respect to the loan. The institution shall provide the information during a counseling session conducted in person, on a written form provided to the student that the student signs and returns, or online, with the student acknowledging receipt of the information. The information provided shall include all of the following:

SB21-AA3,15,19 1. To the extent practicable, the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance.

SB21-AA3,15,21 2. How interest accrues and is capitalized during periods when the interest is not paid by the borrower.

SB21-AA3,15,24 3. The definitions of full-time and half-time enrollment at the institution of higher education, during regular terms and intersession terms, if applicable, and the consequences of not maintaining full-time or half-time enrollment.

SB21-AA3,16,3 4. The importance of contacting the appropriate office at the institution of higher education if the borrower withdraws before completing his or her program of study so that the institution can provide counseling under sub. (4).

SB21-AA3,16,5 5. Sample monthly repayment amounts, based on a range of levels of indebtedness.

SB21-AA3,16,8 6. The obligation of the borrower to repay the full amount of the loan, irrespective of whether the borrower completes his or her program of study at the institution.

SB21-AA3,16,10 7. The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures, and litigation.

SB21-AA3,16,12 8. Whether the student has reached the limit on his or her federal student loan opportunities.

SB21-AA3,16,15 9. The name of, and contact information for, an individual the borrower may contact if he or she has any questions about the borrower's rights and responsibilities or the terms and conditions of the loan.

SB21-AA3,16,20 10. How a student or any member of the public may file a complaint about a lender with the federal Consumer Financial Protection Bureau by calling a toll-free telephone number, or by completing a complaint form, which may be obtained on the bureau's Internet site. The institution of higher education shall also include the toll-free telephone number and Internet site address of the bureau.

SB21-AA3,16,22 (b) In conjunction with providing information under par. (a), the institution of higher education shall also do all of the following:

SB21-AA3,16,25 1. Clearly distinguish private loans from federal loans in individual financial aid awards by stating, for any private loans included by the institution as part of the institution's award package, all of the following:

SB21-AA3,17,1 a. Whether the rate is fixed or variable.

SB21-AA3,17,3 b. An explanation that private student loan lenders can offer variable interest rates that can increase or decrease over time, depending on market conditions.

SB21-AA3,17,7 c. An explanation that private student loans have a range of interest rates and fees and students should determine the interest rate of, and any fees associated with, the private student loan included in their financial aid award package before accepting the loan.

SB21-AA3,17,10 d. An explanation that students should contact the lender of the private student loan or their institution's financial aid office if they have any questions about a private student loan.

SB21-AA3,17,12 e. An explanation that the interest rate on a private loan may depend on the borrower's credit rating.

SB21-AA3,17,16 2. If the institution of higher education provides a private loan lender list, provide general information about the loans available through the lender and disclose the basis for each lender's inclusion on the list. The institution shall also disclose with the list that the student may choose any lender.

SB21-AA3,17,22 (c) 1. A lender may not accept a final and complete application for a private student loan from an applicant, or assess any fees upon an applicant, without first receiving certification from the applicant's institution of higher education that the applicant has received counseling from the institution under pars. (a) and (b) and that the counseling was conducted in person, unless the certification specified that the applicant elected to receive the counseling in a manner other than in person.

SB21-AA3,18,3 2. The certification required by subd. 1. shall be signed by the applicant and the institutional counselor, and shall include the date of the counseling and the name, address, and telephone number of both the counselor and the applicant. An electronic facsimile copy of the counseling certification satisfies the requirement under this subdivision. The lender shall maintain the certification in an accurate, reproducible, and accessible format for the term of the student loan.

SB21-AA3,18,7 (4) Exit counseling. (a) As close as practicable to the date that a student graduates from, transfers from, withdraws from, or otherwise completes his or her program of study at the institution of higher education, the institution shall provide the student with information relating to all of the following:

SB21-AA3,18,11 1. Repayment plans that are available, including a description of the different features of each plan and sample information showing the average anticipated monthly payments, and the difference in interest paid and total payments, under each plan.

SB21-AA3,18,13 2. Debt management strategies designed to facilitate the repayment of indebtedness.

SB21-AA3,18,15 3. The options to prepay each loan, pay each loan on a shorter schedule, or change repayment plans.

SB21-AA3,18,17 4. The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures, and litigation.

SB21-AA3,18,18 5. The effects of consolidation on a borrower's underlying loan benefits.

SB21-AA3,18,19 6. Grace periods, loan forgiveness, cancellation, and deferment opportunities.

SB21-AA3,18,20 7. The borrower benefit programs of different lenders.

SB21-AA3,18,21 8. The tax benefits that may be available to borrowers.

SB21-AA3,18,22 9. How to enroll in income-based repayment.

SB21-AA3,18,25 (b) With respect to a student who leaves an institution of higher education without the knowledge of the institution, the institution shall attempt to provide the information described in par. (a) to the student in writing.

SB21-AA3,19,4 (5) Fee. An institution of higher education may assess a reasonable fee to the lender to defray the cost of counseling under this section in an amount not exceeding $50. The higher educational aids board and the department of financial institutions shall jointly promulgate rules to implement and administer this subsection.

SB21-AA3,35 Section 35. 40.02 (54) (n) of the statutes is created to read:

SB21-AA3,19,6 40.02 (54) (n) The Wisconsin Student Loan Refinancing Authority.

SB21-AA3,36 Section 36. 49.45 (23) (a) of the statutes is amended to read:

SB21-AA3,19,15 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), except as provided in s. 49.471 (4g), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

SB21-AA3,37 Section 37. 49.471 (1) (cr) of the statutes is created to read:

SB21-AA3,19,18 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

SB21-AA3,38 Section 38. 49.471 (4) (a) 4. b. of the statutes is amended to read:

SB21-AA3,19,22 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

SB21-AA3,39 Section 39. 49.471 (4g) of the statutes is created to read:

SB21-AA3,20,6 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a) For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval required by the federal government to provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and qualify for the highest available enhanced federal medical assistance percentage.

SB21-AA3,20,17 (b) If the department does not qualify for an enhanced federal medical assistance percentage, or if the enhanced federal medical assistance percentage obtained by the department is lower than printed in federal law as of July 1, 2013, for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall submit to the joint committee on finance a fiscal analysis comparing the cost to maintain coverage for adults who are not pregnant and not elderly at up to 133 percent of the poverty line to the cost of limiting eligibility to those adults with family incomes up to 100 percent of the poverty line. The department may reduce income eligibility for adults who are not pregnant and not elderly from up to 133 percent of the poverty line to up to 100 percent of the poverty line only if this reduction in income eligibility levels is approved by the joint committee on finance.

SB21-AA3,40 Section 40. 70.11 (38v) of the statutes is created to read:

SB21-AA3,20,22 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.

SB21-AA3,41 Section 41. 71.05 (6) (b) 28. (intro.), am. and h. of the statutes are amended to read:

SB21-AA3,21,12 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses, including any amount paid by a claimant in the year to which the claim relates on a loan, the proceeds of which were used by the claimant to pay the claimant's expenses for tuition, fees, books, room and board, and educational supplies that were directly related to the claimant's attendance at an eligible educational institution, as defined in s. 18.81 (2), and mandatory student fees for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 38.50, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:

SB21-AA3,22,4 am. Notwithstanding subd. 28. a., for taxable years beginning after December 31, 2008, the department of revenue and the Board of Regents of the University of Wisconsin System shall continue making the calculation described under subd. 28. a. Notwithstanding subd. 28. a., once this calculation exceeds $6,000, the deduction for tuition expenses, including any amount paid by a claimant in the year to which the claim relates on a loan, the proceeds of which were used by the claimant to pay the claimant's expenses for tuition, fees, books, room and board, and educational supplies that were directly related to the claimant's attendance at an eligible educational institution, as defined in s. 18.81 (2), and mandatory student fees, as described in subd. 28. (intro.), shall be based on an amount equal to not more than twice the average amount charged by the Board of Regents of the University of Wisconsin System at 4-year institutions for resident undergraduate academic fees for the most recent fall semester, as determined by the Board of Regents by September 1 of that semester, per student for each year to which the claim relates, and the deduction that may be claimed under this subd. 28. am. first applies to taxable years beginning on the January 1 after the calculation of the Board of Regents, that must occur by September 1, exceeds $6,000.

SB21-AA3,22,16 h. No modification may be claimed under this subdivision for an amount paid for tuition expenses, including any amount paid by a claimant in the year to which the claim relates on a loan, the proceeds of which were used by the claimant to pay the claimant's expenses for tuition, fees, books, room and board, and educational supplies that were directly related to the claimant's attendance at an eligible educational institution, as defined in s. 18.81 (2), and mandatory student fees, as described under this subdivision, if the source of the payment is an amount withdrawn from a college savings account, as described in s. 16.641 or from a college tuition and expenses program, as described in s. 16.64, and if the owner of the account or a parent, grandparent, great-grandparent, aunt, or uncle of the beneficiary, who contributed to the account, has claimed a deduction under subd. 32. or 33. that relates to such an amount.

SB21-AA3,42 Section 42. 71.05 (6) (b) 28. j. of the statutes is created to read:

SB21-AA3,22,19 71.05 (6) (b) 28. j. The provisions of subd. 28. b., c., d., and g. do not apply to a taxable year that begins after December 31, 2015.

SB21-AA3,43 Section 43. 77.54 (9a) (a) of the statutes is amended to read:

SB21-AA3,22,24 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.

SB21-AA3,44 Section 44. 100.45 (1) (dm) of the statutes is amended to read: