Amendment SSA1-AB68

AB68-SSA1,1136,16 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

AB68-SSA1,2470 Section 2470. 196.745 (2) (a) of the statutes is amended to read:

AB68-SSA1,1136,24 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued under sub. (1) (a), shall forfeit an amount not exceeding $25,000 $200,000. Each day of violation is a separate violation of sub. (1) (a). No person may forfeit an amount exceeding $500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any order or any rule issued under sub. (1) (a). The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.

AB68-SSA1,2471 Section 2471. 198.06 (5) (a) of the statutes is amended to read:

AB68-SSA1,1137,4 198.06 (5) (a) The board of canvassers shall cause a certified copy of the order declaring the result of the election to be filed in the office of the secretary of state administration. A certified copy of the order shall also be filed with the clerk of each municipality included in the district, with the county clerk, and with the commission.

AB68-SSA1,2472 Section 2472. 198.06 (5) (b) of the statutes is amended to read:

AB68-SSA1,1137,15 198.06 (5) (b) If the district as finally constituted comprises a smaller area than originally proposed because of the failure of one or more municipalities to approve the district at the election, the commission shall, within 10 days following the filing of the order under par. (a) with the commission, file its approval or disapproval of the district as created by the election with the secretary of state administration, the clerk of each municipality included in the district and the county clerk. If the commission approves, upon the filing of the approval the creation and incorporation of the district shall be considered complete. If the commission disapproves, the district shall be considered dissolved. Except as provided in par. (c), the approval or disapproval of the commission shall be final.

AB68-SSA1,2473 Section 2473. 198.06 (5) (d) of the statutes is amended to read:

AB68-SSA1,1137,20 198.06 (5) (d) If a district has been approved by all of the municipalities within the district as proposed, the creation and incorporation of the district shall be considered complete upon the filing of the result of the election with the secretary of state administration by the board of canvassers.

AB68-SSA1,2474 Section 2474. 198.06 (7) of the statutes is amended to read:

AB68-SSA1,1138,4 198.06 (7) Informalities disregarded, limitation of action to test validity of district. No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the creation of any district, and any proceedings wherein the validity of the creation is denied shall be commenced within 3 months from the date of filing the order of the board of canvassers with the secretary of state administration, otherwise the creation and the legal existence of the district shall be held to be valid and in every respect legal and incontestable.

AB68-SSA1,2475 Section 2475. 198.08 (3) of the statutes is amended to read:

AB68-SSA1,1138,12 198.08 (3) Appointment, vote by municipal executive officers. In the selection of a director for a subdistrict each chief executive shall have one vote for each 1,000 voters within that chief executive's municipality, or the part of the municipality that is located in the subdistrict. A three-fourths vote shall be necessary for the selection of a director. The result of the selection of the director shall be certified to by the chairperson and clerk of the meeting and immediately filed with the secretary of state administration and the clerk of each municipality in the district.

AB68-SSA1,2476 Section 2476. 198.20 (2) of the statutes is amended to read:

AB68-SSA1,1138,21 198.20 (2) The election, and all matters pertaining to the election not otherwise provided for in this section, shall be held and conducted and the result ascertained and declared in accordance with s. 198.06 (3) and (4). The ordinance and the result of the referendum shall be certified to the secretary of state administration. After certification, the consolidation shall be considered complete. Consolidation shall not affect the preexisting rights or liabilities of any power districts and actions on those rights and liabilities may be commenced or completed as though no consolidation had been effected.

AB68-SSA1,2477 Section 2477. 198.22 (7) of the statutes is amended to read:

AB68-SSA1,1139,6 198.22 (7) Boundaries. Immediately upon the organization of the board of directors the clerk shall cause to be recorded in the office of the register of deeds of each county in which any part of said district is located, and shall file with the secretary of state administration, the department of natural resources, the governor and the clerk of each town, city or village, wholly or partly within the district, a certified copy of the boundaries of the district as set forth in the notice of election pursuant to sub. (3) or as thereafter amended. Thereafter, in any proceeding wherein the boundaries of the district are concerned, it shall be sufficient in describing said boundaries to refer to such record of such description.

AB68-SSA1,2478 Section 2478. 200.25 (5) of the statutes is amended to read:

AB68-SSA1,1139,11 200.25 (5) Oath of office. Before assuming the duties of the office, each commissioner shall take and subscribe the oath of office required under s. 19.01 and file the oath with the secretary of state administration, duly certified by the official administering the oath.

AB68-SSA1,2479 Section 2479. 200.35 (14) (title) of the statutes is amended to read:

AB68-SSA1,1139,14 200.35 (14) (title) Shore protection projects and dredged material management facility.

AB68-SSA1,2480 Section 2480. 200.35 (14) (a) 2. of the statutes is amended to read:

AB68-SSA1,1139,16 200.35 (14) (a) 2. “Project" means a any of the following:

AB68-SSA1,1139,20 a. A shore protection or erosion control project which consists, in whole or in part, of waste rock produced by construction projects undertaken by the commission and which has been requested, by resolution, by a political subdivision with territory in the district's service area.

AB68-SSA1,2481 Section 2481. 200.35 (14) (a) 2. b. of the statutes is created to read:

AB68-SSA1,1139,22 200.35 (14) (a) 2. b. A dredged material management facility.

AB68-SSA1,2482 Section 2482. 200.35 (14) (b) of the statutes is amended to read:

AB68-SSA1,1140,2 200.35 (14) (b) The commission may construct a project under this subsection and may finance and construct a project that is a dredged material management facility. This paragraph does not apply to the construction of any project on or after January 1, 1992 2032.

AB68-SSA1,2483 Section 2483. 200.35 (14) (d) 3m. of the statutes is created to read:

AB68-SSA1,1140,7 200.35 (14) (d) 3m. Notwithstanding any requirements to the contrary in subds. 1. to 3., for a dredged material management facility constructed by the commission, the commission shall pay for all costs of the project through its capital budget and shall finance the project over a period of 35 years.

AB68-SSA1,2484 Section 2484. 200.35 (14) (h) of the statutes is created to read:

AB68-SSA1,1140,11 200.35 (14) (h) For a dredged material management facility constructed by the commission, the commission may reserve space in the dredged material management facility for the disposal of sediment from flood management projects.

AB68-SSA1,2485 Section 2485. 200.57 (title) of the statutes is amended to read:

AB68-SSA1,1140,16 200.57 (title) Minority financial advisers and investment firms and, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers and investment firms.

AB68-SSA1,2486 Section 2486. 200.57 (1) (a) of the statutes is renumbered 200.57 (1) (ah).

AB68-SSA1,2487 Section 2487. 200.57 (1) (ae) of the statutes is created to read:

AB68-SSA1,1140,21 200.57 (1) (ae) “Disability-owned financial adviser" and “disability-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.289 (3).

AB68-SSA1,2488 Section 2488. 200.57 (1) (c) of the statutes is created to read:

AB68-SSA1,1141,2 200.57 (1) (c) “Lesbian, gay, bisexual, or transgender-owned financial adviser" and “Lesbian, gay, bisexual, or transgender-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.288 (3).

AB68-SSA1,2489 Section 2489. 200.57 (4) of the statutes is created to read:

AB68-SSA1,1141,8 200.57 (4) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers or lesbian, gay, bisexual, or transgender-owned investment firms.

AB68-SSA1,2490 Section 2490. 200.57 (5) of the statutes is created to read:

AB68-SSA1,1141,14 200.57 (5) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disability-owned financial advisers or disability-owned investment firms.

AB68-SSA1,2491 Section 2491 . Subchapter V of chapter 224 [precedes 224.101] of the statutes is created to read:

AB68-SSA1,1141,17 Chapter 224

AB68-SSA1,1141,19 Subchapter V STUDENT LOANS

AB68-SSA1,1141,20 224.101 Definitions. In this subchapter:

AB68-SSA1,1141,21 (1) “Board” means the higher educational aids board.

AB68-SSA1,1141,23 (2) “Exempt organization” means the board or a state-regulated financial service provider.

AB68-SSA1,1141,24 (3) “Licensee” means a person holding a license issued under this subchapter.

AB68-SSA1,1141,25 (4) “Office” means the office of the student loan ombudsman in the department.

AB68-SSA1,1142,1 (5) “Servicing" means doing all of the following:

AB68-SSA1,1142,3 (a) Receiving scheduled periodic payments from a student loan borrower pursuant to the terms of a student education loan.

AB68-SSA1,1142,6 (b) Applying the payments of principal and interest and any other payments with respect to the amounts received from a student loan borrower as may be required pursuant to the terms of a student education loan.

AB68-SSA1,1142,8 (c) Performing other administrative services with respect to a student education loan.

AB68-SSA1,1142,9 (6) “State-regulated financial service provider” means any of the following:

AB68-SSA1,1142,10 (a) A bank organized under ch. 221.

AB68-SSA1,1142,11 (b) A savings bank organized under ch. 214.

AB68-SSA1,1142,12 (c) A savings and loan association organized under ch. 215.

AB68-SSA1,1142,13 (d) A credit union organized under ch. 186.

AB68-SSA1,1142,14 (e) A consumer lender licensed under s. 138.09.

AB68-SSA1,1142,17 (7) “Student education loan" means a loan that is extended to a student loan borrower expressly for postsecondary education expenses or related expenses and does not include open-end credit or any loan that is secured by real property.

AB68-SSA1,1142,18 (8) “Student loan borrower" means any of the following:

AB68-SSA1,1142,20 (a) A resident of this state who has received or agreed to pay a student education loan.

AB68-SSA1,1142,22 (b) A person who shares legal responsibility with a resident under par. (a) for repaying the student education loan.

AB68-SSA1,1142,25 (9) “Student loan servicer" means a person, wherever located, responsible for the servicing of a student education loan, but does not include the board or any state-regulated financial service provider.

AB68-SSA1,1143,1 224.102 Ombudsman services. The office shall do all of the following:

AB68-SSA1,1143,2 (1) Provide timely assistance to student loan borrowers.

AB68-SSA1,1143,3 (2) Receive, review, and attempt to resolve complaints from all of the following:

AB68-SSA1,1143,4 (a) Student loan borrowers.

AB68-SSA1,1143,7 (b) In collaboration with institutions of higher education, student loan servicers and any other participants in student education loan lending, including originators servicing their own student education loans.

AB68-SSA1,1143,9 (3) Compile and analyze data on student loan borrower complaints as described in sub. (2) and as resolved under s. 224.104.

AB68-SSA1,1143,11 (4) Assist student loan borrowers in understanding their rights and responsibilities under the terms of student education loans.

AB68-SSA1,1143,14 (5) Provide information to the public, agencies, the legislature, and others regarding the problems and concerns of student loan borrowers and make recommendations for resolving those problems and concerns.

AB68-SSA1,1143,17 (6) Analyze and monitor the development and implementation of federal, state, and local laws, ordinances, regulations, rules, and policies relating to student loan borrowers and recommend any necessary changes.

AB68-SSA1,1143,19 (7) Review, as authorized and appropriate, the complete student education loan history for a student loan borrower who provides written consent for the review.

AB68-SSA1,1143,24 (8) Provide sufficient outreach and disseminate information concerning the availability of the office to assist student loan borrowers and potential student loan borrowers, public institutions of higher education, student loan servicers, and any other participants in student education loan lending with any student education loan servicing concerns.

AB68-SSA1,1144,3 (9) Seek the assistance of an exempt organization in the resolution of a student loan borrower complaint as described in sub. (2) involving that exempt organization. The exempt organization shall cooperate with the office as required by s. 224.104.

AB68-SSA1,1144,5 (10) Take any other action necessary to fulfill the duties of the office as set forth in this subchapter.

AB68-SSA1,1144,9 224.103 Annual report. The office shall submit a report by January 1 of each year to the standing committee of each house of the legislature having jurisdiction over matters related to higher education. The report shall include all of the following:

AB68-SSA1,1144,11 (1) A description of actions taken with respect to the implementation of this subchapter.

AB68-SSA1,1144,14 (2) An assessment of the overall effectiveness of the office, including information, in the aggregate, regarding student loan borrower complaints investigated with the assistance of an exempt organization.

AB68-SSA1,1144,17 (3) Recommendations regarding additional steps for the department to gain regulatory control over licensing and enforcement with respect to student loan servicers.

AB68-SSA1,1144,24 224.104 Assistance by exempt organizations; report. (1) An exempt organization that is requested by the office to provide assistance under s. 224.102 (9) shall provide, in a timely manner, the information requested by the office necessary to investigate and resolve a student loan borrower complaint, including the steps taken by the exempt organization to resolve the complaint, or, on its own, shall resolve, in a timely manner, the complaint and provide the office with documentation regarding the resolution.

AB68-SSA1,1145,3 (2) Annually, an exempt organization that is involved in the resolution of a complaint under this section shall report to the office the number of complaints received and the number of complaints resolved by the exempt organization.

AB68-SSA1,1145,7 224.105 Licensing of student loan servicers. (1) A person, wherever located, may not directly or indirectly engage in servicing student education loans in this state without first obtaining a license from the office under this section, unless the person is exempt from licensure under sub. (2).

AB68-SSA1,1145,9 (2) The following persons are exempt from the licensing requirement under sub. (1):

AB68-SSA1,1145,10 (a) A state-regulated financial service provider.

AB68-SSA1,1145,11 (b) The board.