AB100: Bill Text

AB100,601,3 39.51 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the department board and shall be accompanied by a fee and a surety bond acceptable to the department board in the sum of $2,000. The department board shall, by rule, specify the amount of the fee for a solicitor's permit. Such bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to faithfully perform the agreement made with the student by the solicitor, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval of a permit, the department board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered thereby shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the same upon giving 30 days' notice in writing to the department board and thereafter shall be relieved of liability under this paragraph for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the department board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the department board requests of the applicant. The department board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB100, s. 1208 Section 1208. 38.51 (8) (c) of the statutes is renumbered 39.51 (8) (c), and 39.51 (8) (c) (intro.), 1., 2., 4. and 5., as renumbered, are amended to read:

AB100,601,8 39.51 (8) (c) Refusal or revocation of permit. (intro.) The department board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

AB100,601,10 1. Wilful violation of this subsection or any rule promulgated by the department board under this section;

AB100,601,12 2. Furnishing false, misleading or incomplete information to the department board;

AB100,601,14 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the department board;

AB100,601,17 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the department board pursuant to sub. (7);

AB100, s. 1209 Section 1209. 38.51 (8) (d) to (i) of the statutes are renumbered 39.51 (8) (d) to (i), and 39.51 (8) (d) and (e), as renumbered, are amended to read:

AB100,601,24 39.51 (8) (d) Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the department board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

AB100,602,7 (e) Request for appearance. Within 20 days of the receipt of notice of the department's board's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the department board in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request, the department board shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time and place.

AB100, s. 1210 Section 1210. 38.51 (9) of the statutes is renumbered 39.51 (9), and 39.51 (9) (g) and (h), as renumbered, are amended to read:

AB100,602,11 39.51 (9) (g) Schools approved by the department of education public instruction for the training of teachers.

AB100,602,13 (h) Schools accredited by accrediting agencies recognized by the department board.

AB100, s. 1211 Section 1211. 38.51 (10) of the statutes is renumbered 39.51 (10), and 39.51 (10) (a), (b) and (c) (intro.) and 1., as renumbered, are amended to read:

AB100,602,23 39.51 (10) (a) Authority. All proprietary schools shall be examined and approved by the department board before operating in this state. Approval shall be granted to schools meeting the criteria established by the department board for a period not to exceed one year. No school may advertise in this state unless approved by the department board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed and such other information as the department board deems necessary.

AB100,603,5 (b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction which has been revoked shall be made on a form furnished by the department board and shall be accompanied by a fee set by the department board under par. (c), and such other information as the department board deems necessary to evaluate the school in carrying out the purpose of this section.

AB100,603,7 (c) Fees; rule making. (intro.) The department board shall promulgate rules to establish fees. In promulgating rules to establish fees, the department board shall:

AB100,603,10 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the department board incurs in examining and approving proprietary schools under this subsection.

AB100, s. 1212 Section 1212. 39.11 (5) of the statutes is amended to read:

AB100,603,14 39.11 (5) Work with the educational agencies and institutions of the state as reviewer, adviser and coordinator of their joint efforts to meet the educational needs of the state through radio and, television and other appropriate technologies.

AB100, s. 1213 Section 1213. 39.11 (20) of the statutes is repealed.

AB100, s. 1214 Section 1214. 39.13 (2) of the statutes is amended to read:

AB100,603,22 39.13 (2) The executive director may employ a deputy director, the number of division administrators specified in s. 230.08 (2) (e) and 12 11 professional staff members outside the classified service. Subject to authorization under s. 16.505, the executive director may employ additional professional staff members for development and grant projects outside the classified service or for other purposes within the classified service.

AB100, s. 1215 Section 1215. 39.145 of the statutes is repealed.

AB100, s. 1216 Section 1216. 39.155 (1) of the statutes is amended to read:

AB100,604,6 39.155 (1) Subject to sub. (3), all funds appropriated to the medical college of Wisconsin, inc., under s. 20.250 (1) (a) shall be based on a per capita formula for an amount for each Wisconsin resident enrolled at the college who is paying full tuition. A student's qualification as a resident of this state shall be determined by the department of education higher educational aids board in accordance with s. 36.27, so far as applicable.

AB100, s. 1217 Section 1217. 39.155 (2) of the statutes is amended to read:

AB100,604,17 39.155 (2) On or before January 15 and September 15 of each year, the medical college of Wisconsin, inc., shall submit to the department of education higher educational aids board for its approval a list of the Wisconsin residents enrolled at the college who are paying full tuition. The state shall make semiannual payments to the medical college of Wisconsin, inc., from the appropriation under s. 20.250 (1) (a), upon approval of the list. If the appropriation under s. 20.250 (1) (a) is insufficient to pay the amount specified to be disbursed under s. 20.250 (1) (a), the payments shall be disbursed on a prorated basis for each student entitled to such aid. No more than 8 such payments may be made to the medical college of Wisconsin, inc., from the appropriation under s. 20.250 (1) (a), for any individual student.

AB100, s. 1218 Section 1218. Subchapter III (title) of chapter 39 [precedes 39.26] of the statutes is amended to read:

AB100,604,20 CHAPTER 39

AB100,604,22 SUBCHAPTER III HIGHER EDUCATIONAL AIDS BOARD

AB100, s. 1219 Section 1219. 39.26 of the statutes is amended to read:

AB100,604,25 39.26 Definition. In this subchapter, "department" "board" means the department of education higher educational aids board.

AB100, s. 1220 Section 1220. 39.28 (1) of the statutes is amended to read:

AB100,605,7 39.28 (1) The department board shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions. The department board may accept and use any funds which it receives from participating institutions, lenders or agencies. The department board may enter into such contracts as are necessary to carry out its functions under this subchapter.

AB100, s. 1221 Section 1221. 39.28 (2) of the statutes is amended to read:

AB100,605,14 39.28 (2) The department board shall establish plans to be administered by the department board for participation by this state under any federal acts relating to higher education and submit them to the U.S. commissioner secretary of education for the commissioner's secretary's approval. The department board may utilize such criteria for determination of priorities, participation or purpose as are delineated in the federal acts.

AB100, s. 1222 Section 1222. 39.28 (3) of the statutes is created to read:

AB100,605,18 39.28 (3) (a) In its biennial report under s. 15.04 (1) (d), the board also shall include recommendations for improvement of the state's student financial aid programs.

AB100,605,22 (b) On January 1 and July 1, the board shall report to the joint committee on finance and the joint legislative audit committee on the board's loan collection activities and efforts to develop collection policies to improve program performance through changes in data processing and program review.

AB100, s. 1223 Section 1223. 39.28 (4) of the statutes is amended to read:

AB100,605,25 39.28 (4) The department board may assign, sell, convey or repurchase student loans made under s. 39.32 subject to prior approval by the joint committee on finance.

AB100, s. 1224 Section 1224. 39.285 of the statutes is amended to read:

AB100,606,6 39.285 (title) Education commission Board review of proposed formulae. (1) By May 1, 1996 1998, and annually thereafter, the education commission board shall approve, modify or disapprove any proposed formula for the awarding of grants for the upcoming academic year submitted under sub. (2) or s. 36.11 (6) (c) or 38.04 (7m).

AB100,606,11 (2) By April 10, 1996 1998, and annually thereafter, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the education commission board for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 for the upcoming academic year to students enrolled at private institutions of higher education.

AB100, s. 1225 Section 1225. 39.29 of the statutes is created to read:

AB100,606,14 39.29 Executive secretary. An executive secretary shall be appointed by the governor to serve at his or her pleasure.

AB100, s. 1226 Section 1226. 39.30 (2) (e) of the statutes is amended to read:

AB100,606,19 39.30 (2) (e) The department board may not make a grant to a student if the department board receives a certification under s. 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB100, s. 1227 Section 1227. 39.30 (2) (f) of the statutes is amended to read:

AB100,606,23 39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) is approved or modified by the education commission board under s. 39.285 (1).

AB100, s. 1228 Section 1228. 39.30 (3) (e) of the statutes is amended to read:

AB100,607,3 39.30 (3) (e) The department board shall establish criteria for the treatment of financially independent students which are consistent with procedures in pars. (a) to (d).

AB100, s. 1229 Section 1229. 39.30 (3) (f) of the statutes is amended to read:

AB100,607,8 39.30 (3) (f) The department board may not make initial awards of grants under this section for an academic year in an amount that exceeds 122% of the amount appropriated under s. 20.235 (1) (b) for the fiscal year in which the grant may be paid.

AB100, s. 1230 Section 1230. 39.30 (4) of the statutes is amended to read:

AB100,607,13 39.30 (4) Forms. The department board shall prescribe, furnish and make available, at locations in the state convenient to the public, application forms for grants under this section. Upon request, the department board shall advise and assist applicants in making out such forms.

AB100, s. 1231 Section 1231. 39.31 (intro.) of the statutes is amended to read:

AB100,607,18 39.31 Determination of student costs. (intro.) In determining a student's total cost of attending a postsecondary institution for the purpose of calculating the amount of a grant under s. 39.30, 39.38, 39.435 or 39.44, the department board shall include the following:

AB100, s. 1232 Section 1232. 39.31 (2) of the statutes is amended to read:

AB100,607,20 39.31 (2) Miscellaneous expenses, as determined by the department board.

AB100, s. 1233 Section 1233. 39.31 (3) of the statutes is amended to read:

AB100,607,22 39.31 (3) The cost of child care, as determined by the department board.

AB100, s. 1234 Section 1234. 39.32 (2) (intro.) of the statutes is amended to read:

AB100,607,24 39.32 (2) (intro.) The department board shall:

AB100, s. 1235 Section 1235. 39.32 (3) (intro.) of the statutes is amended to read:

AB100,608,2 39.32 (3) (intro.) The department board may make and authorize loans to be made to students if:

AB100, s. 1236 Section 1236. 39.32 (3) (b) of the statutes is amended to read:

AB100,608,6 39.32 (3) (b) The student's eligibility for a loan is certified to the department board by the institution of higher education in which the student is enrolled or has been accepted for enrollment.

AB100, s. 1237 Section 1237. 39.32 (3) (g) of the statutes is amended to read:

AB100,608,10 39.32 (3) (g) The student is not in default on any previous loan or the department board has determined that the student has made satisfactory arrangements to repay the defaulted loan.

AB100, s. 1238 Section 1238. 39.32 (5) of the statutes is amended to read:

AB100,608,14 39.32 (5) The department board may collect any loans made or authorized to be made by the department board pursuant to this section or made prior to July 1, 1966, under s. 49.42, 1963 stats.

AB100, s. 1239 Section 1239. 39.32 (6) of the statutes is amended to read:

AB100,608,25 39.32 (6) The department board shall satisfy the loan of any student who obtained a loan under this section or s. 39.023, 1965 stats., between July 1, 1966, and December 15, 1968, where such student died or dies after July 1, 1966, and before completing repayment thereof, and shall write off the balance of principal and interest owing on the loan on the date it received confirmation of such student's death. Obligation to repay such a loan shall terminate on the date of the student's death and any payments made thereon to the department board after such date shall be refunded to the payor or the payor's heirs, executor or administrator from the appropriation in s. 20.235 (2) (ba) upon receipt by the department board of an application for refund.

AB100, s. 1240 Section 1240. 39.32 (7) of the statutes is amended to read:

AB100,609,6 39.32 (7) The department board may write off defaulted student loans made pursuant to this section or made prior to July 1, 1966, under s. 49.42, 1963 stats., from moneys other than advances from the investment board originally appropriated for student loans, and from moneys other than moneys resulting from assignment, sale or conveyance of student loans.

AB100, s. 1241 Section 1241. 39.32 (8) of the statutes is amended to read:

AB100,609,11 39.32 (8) The department board may use up to $150,000 annually of student revenue bond proceeds for the purpose of consolidating loans for needy students who have a state direct loan and one or more federally guaranteed student loans from one or more private lenders.

AB100, s. 1242 Section 1242. 39.32 (10) of the statutes is amended to read:

AB100,609,19 39.32 (10) (a) The department board may enter into contractual agreements with lenders in this state and lenders in other states which grant loans to residents of this state, and with institutions and agencies wherein the department board may provide and furnish to such lenders, institutions and agencies administrative services related to the operation of any programs involving the granting of loans to students including but not limited to any and all services and functions related to the granting, administering and collecting of any loans made to students.

AB100,610,2 (b) The department board shall have all powers as that are reasonably appropriate to the provision of such services and the performance of such contracts and may include charges or fees to be paid by the lenders, institutions and agencies to the department board for the provision of such administrative services or any services or activities related to the collection of any student loans for which the department board may become responsible by operation of law or by contractual agreements under this paragraph, but such charges or fees, before being instituted by the department board, shall be approved by the secretary of administration.

AB100, s. 1243 Section 1243. 39.32 (11) of the statutes is amended to read:

AB100,610,11 39.32 (11) (a) In lieu of the procedure under ch. 812, the department board, on behalf of the corporation under s. 39.33, or the corporation, on its own behalf, may certify the department of administration to deduct money from a state employe's earnings. The department board shall specify an amount, not to exceed 25% of the employe's disposable earnings, as defined in s. 812.30 (6), to be deducted on a continuing basis until the amount certified by the department board or corporation has been paid. The department of administration shall remit moneys deducted to the department board or the corporation.

AB100,610,20 (b) The procedure in this section may be used only if the amount owed to the department board or corporation is reduced to a judgment. At least 30 days prior to certification, the department board or corporation shall notify the debtor under s. 879.05 (2) or (3) of the intent to certify the debt to the department of administration and of the debtor's right to a contested case hearing before the department board under s. 227.42. If the debtor requests a hearing within 20 days after receiving notice, the department board shall notify the department of administration which shall not make deductions under par. (a) until a decision is reached under s. 227.47 or the case is otherwise concluded.

AB100,610,22 (c) The department of administration shall prescribe the manner and form for certification of debts by the department board or corporation under this subsection.

AB100, s. 1244 Section 1244. 39.325 of the statutes is amended to read:

AB100,611,4 39.325 Wisconsin health education loan program. (1) There is established, to be administered by the department board, a Wisconsin health education loan program under P.L. 94-484, on July 29, 1979, in order to provide financial aid to medical and dentistry students enrolled in the university of Wisconsin medical school, the medical college of Wisconsin or Marquette university school of dentistry.

AB100,611,14 (2) The department board shall lend to students who qualify under sub. (1) any moneys appropriated or authorized through the issuance of revenue obligations. The department board shall require a student borrowing moneys under this section to pay interest while in medical or dental school and during his or her residency training at the rate of at least 3% per year on the sum of the principal amount of the student's obligation and the accumulated interest, unless federal law provides otherwise as a condition of guaranteeing the loan. Principal and interest payable on maturing revenue obligations shall, when necessary, be paid from funded reserves, authorized under subch. II of ch. 18, or from moneys made available under chapter 20, laws of 1981, section 2022 (1).