AB913: Bill Text

AB913,8,12 1. Express the individual's commitment to pursue a long-term career in farming in this state and to make a good faith effort to comply with the requirements of this section during the 5-year period in which the individual receives payments under sub. (5) or (9) (b).

AB913,8,17 2. Require the individual to annually submit documentation showing to the board's satisfaction that the individual continues to be a state resident whose primary occupation is to operate a small farm and that the individual has in the preceding year made all required payments on the individual's outstanding higher education debt.

AB913,8,19 3. Except as otherwise provided in this section, require the board to make annual payments under sub. (5).

AB913,8,22 4. Require the individual to notify the board within 60 days if the individual ceases to be a state resident or ceases to have as a primary occupation the operation of a small farm.

AB913,8,24 5. Require the individual to provide the board with any information the board determines is necessary for administering this section.

AB913,8,25 6. Identify the higher education debt to be reimbursed.

AB913,9,1 7. Provide for termination of the agreement as specified in sub. (8) (a).

AB913,9,8 (5) Reimbursement payments. Except as otherwise provided in this section, for each individual with whom the board enters into an agreement under sub. (4) (a), the board shall make 5 annual payments of equal amounts to the individual that in total equal the total amount of the individual's outstanding higher education debts, or $30,000, whichever is less. The board shall make the first payment as soon as practicable after entering into the agreement and the subsequent payments annually thereafter upon receipt of the documentation required under sub. (4) (c) 2.

AB913,9,13 (6) Adjustments. The department of administration shall annually on July 1 adjust the amounts appropriated under s. 20.235 (1) (em) and the amount specified in sub. (5) to reflect any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31.

AB913,9,16 (7) Short course limits. In a fiscal year, no more than 25 percent of the amount appropriated under s. 20.235 (1) (em) for the fiscal year may be used to make payments under subs. (5) and (9) (b) to individuals who satisfy sub. (3) (a) 2. b.

AB913,9,21 (8) Termination. (a) 1. Except as provided in par. (b), on the date that an individual ceases to be a state resident, or an individual's primary occupation ceases to be the operation of a small farm, the board shall terminate the individual's agreement under sub. (4) (a) on that date and the individual is not eligible to receive any remaining payments under the agreement.

AB913,9,25 2. Upon termination of an agreement under subd. 1., an individual is liable to the board for an amount equal to the product obtained by multiplying the amount of the most recent annual payment received by the individual under sub. (5) or (9) (b) by a fraction in which the denominator is 365 and the numerator is the number of days after the termination date that remain in the year immediately following the most recent annual payment.

AB913,10,8 (b) In consultation with the council, the board shall promulgate rules that allow an individual to remain eligible for payments under an agreement under sub. (4) (a) if, due to circumstances beyond the individual's control, the individual ceases to be a state resident, or ceases to operate a small farm, for a limited period of time. The circumstances shall include deployment in the United States armed services or national guard. The rules shall provide for each of the following:

AB913,10,10 1. Suspending payments during the period the individual ceases to be a state resident and reinstituting payments when the individual is a state resident.

AB913,10,13 2. Suspending payments during the period the individual's primary occupation ceases to be the operation of a small farm and reinstituting payments when the individual's primary occupation is the operation of a small farm.

AB913,10,18 (9) Applicants; funding. (a) The council shall advise the board whether an applicant for reimbursement payments satisfies the requirements under sub. (3). If there is not sufficient funding to make reimbursement payments to all applicants for reimbursement, the council shall give priority to applicants under the following categories in the council's selection of applicants with which to advise the board:

AB913,10,19 1. Applicants with the greatest financial need.

AB913,10,22 2. Applicants who are most likely to successfully continue operating a small farm based on factors including an applicant's interest, training, experience, business plan, and relationship with a mentor.

AB913,10,23 3. Applicants who own or who are working toward ownership of a small farm.

AB913,11,2 4. Applicants who operate small farms that employ sustainable best practices for farming that are identified in the list of approved conservation enhancements and practices under the Conservation Stewardship Program of the U.S. department of agriculture.

AB913,11,4 5. Applicants who are members of groups that are underrepresented in farming in this state.

AB913,11,11 (b) If funding is available due to agreement terminations under sub. (8) (a) or (10) (b), or if funding is available because the total amount of grants made by the board under sub. (5) in a fiscal year does not exceed the limit specified in s. 20.235 (1) (em), the council shall advise the board of other individuals who are eligible for reimbursement under sub. (3). Based on the amount of funding that is available, the board may make payments to eligible individuals for a total amount that is less than the amount required under sub. (5).

AB913,11,14 (10) Penalties. (a) Any individual who intentionally provides false information to the board or council under this section may be required to forfeit no more than $500.

AB913,11,20 (b) If an individual with whom the board has entered into an agreement under sub. (4) (a) fails to comply with a requirement under sub. (4) (c) 4. or intentionally provides false information to the board or council under this section, the board shall terminate the agreement and the individual is liable to the board for the total amount of payments made to the individual under sub. (5) together with interest at the rate of 10 percent per year from the date of the payments.

AB913,11,22 (11) Rules. The board and council may promulgate rules to carry out their respective duties under this section.

AB913,11,25 (12) Administrative support. The department of agriculture, trade and consumer protection shall provide administrative support to the council for carrying out the council's duties under this section.

AB913,12,8 (13) Audits. The legislative audit bureau shall evaluate the effectiveness of the program established under this section in accomplishing the purposes specified in sub. (2). No later than July 1, 2023, and every 10 years thereafter, the legislative audit bureau shall submit a report of its evaluation to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall include the legislative audit bureau's recommendations on terminating, continuing, revising, or expanding the program, including any recommendations regarding funding the program.

AB913,5 Section 5. 71.05 (6) (b) 53. of the statutes is created to read:

AB913,12,11 71.05 (6) (b) 53. For taxable years beginning after December 31, 2015, any amount received by an individual under the program under s. 39.52.

AB913,6 Section 6. 227.01 (1) of the statutes is amended to read:

AB913,12,15 227.01 (1) "Agency" means a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer. "Agency" includes the small farm higher education debt council.

AB913,7 Section 7. Nonstatutory provisions.

AB913,12,24 (1) Initial council members. Notwithstanding the length of term for certain members of the small farm higher education debt council that is specified in section 15.137 (7) (intro.) of the statutes, as created by this act, the initial member appointed under section 15.137 (7) (a) of the statutes, as created by this act, shall have a term expiring on July 1, 2017, the initial member appointed under section 15.137 (7) (b) of the statutes, as created by this act, shall have a term expiring on July 1, 2018, and the initial member appointed under section 15.137 (7) (c) of the statutes, as created by this act, shall have a term expiring on July 1, 2019.

AB913,8 Section 8. Effective date.

AB913,13,1 (1) This act takes effect on July 1, 2016.

AB913,13,2 (End)