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LRB-4432/1
MLJ:ahe
2019 - 2020 LEGISLATURE
September 27, 2019 - Introduced by Senators Testin, Wanggaard and Bernier,
cosponsored by Representatives Tusler, McGuire, Born, Bowen, Edming,
Goyke, Kurtz, Mursau, Neubauer, Oldenburg, Petryk, Pronschinske,
Sinicki, Tittl, Zamarripa, Zimmerman, Dittrich and Vruwink. Referred to
Committee on Insurance, Financial Services, Government Oversight and
Courts.
SB461,1,3 1An Act relating to: a Public Defender Board student loan payment pilot
2program, providing an exemption from emergency rule procedures, and making
3an appropriation.
Analysis by the Legislative Reference Bureau
This bill directs the Public Defender Board to establish a student loan payment
pilot program for private bar attorneys who accept public defender appointments.
The program would provide a payment to use to repay student loans of up to $20,000
per year for attorneys in counties with a population of 25,000 or less or a population
density of 55 or fewer persons per square mile who agree to accept at least 50 state
public defender appointments per year. The bill provides $250,000 GPR in each fiscal
year of the 2019-21 biennium for the program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB461,1 4Section 1 . Nonstatutory provisions.
SB461,1,55 (1) Student loan payment pilot program.
SB461,2,6
1(a) The public defender board shall conduct a student loan payment pilot
2program for private bar attorneys who accept public defender appointments. The
3program shall provide up to $20,000 per year, or the outstanding balance on the
4attorney's student loans, whichever is less, to eligible attorneys to use to repay
5student loans. To be eligible to receive a payment under this paragraph in any
6calendar year, an attorney must meet all of the following criteria:
SB461,2,7 71. The attorney is licensed to practice law in Wisconsin.
SB461,2,8 82. The attorney is certified to accept state public defender appointments.
SB461,2,11 93. The attorney agrees to accept a minimum of 50 state public defender
10appointments per year in a county with a population of 25,000 or fewer residents or
11a population density of not more than 55 persons per square mile.
SB461,2,15 124. The attorney maintains a law practice that either is headquartered or
13performs a demonstrated majority of its legal work in a county with a population of
1425,000 or fewer residents or a population density of not more than 55 persons per
15square mile.
SB461,2,17 165. The attorney has outstanding student loans that were incurred to obtain a
17juris doctor degree from an accredited university.
SB461,2,2518 (b) An attorney who will meet all of the criteria under par. (a ) may apply for the
19student loan payment pilot program beginning on January 1 of each year to qualify
20to receive a payment at the end of that year. Applications will be accepted on a rolling
21basis and all payments will be disbursed in the order that applications are received.
22At the end of the year, the attorney must certify that he or she has met all of the
23criteria for that year and must provide proof of his or her outstanding student loan
24balance on January 1 of that year to determine the payment amount that he or she
25is eligible to receive under the program.
SB461,3,8
1(c) The public defender board may promulgate emergency rules under s. 227.24
2to implement the program under par. (a ) for the period before the effective date of
3permanent rules but not to exceed the period authorized under s. 227.24 (1) (c),
4subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and
5(3), the board is not required to provide evidence that promulgating a rule under this
6paragraph as an emergency rule is necessary for the preservation of the public peace,
7health, safety, or welfare and is not required to provide a finding of emergency for a
8rule promulgated under this paragraph.
SB461,3,139 (d) By September 30, 2019, the public defender board shall submit to the
10legislature for distribution under s. 13.172 (2) a report that evaluates the
11effectiveness of the student loan payment pilot program, recommends whether to
12continue the program, and if program continuation is recommended, provides
13recommendations for improving the effectiveness of program.
SB461,2 14Section 2 . Fiscal changes.
SB461,3,2415 (1) Student loan payment pilot program. In the schedule under s. 20.005 (3)
16for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar
17amount for fiscal year 2019-20 is increased by $250,000 to conduct a student loan
18payment pilot program under Section 1 (1 ) of this act for private bar attorneys who
19accept public defender appointments and who meet certain additional criteria. In
20the schedule under s. 20.005 (3) for the appropriation to the public defender board
21under s. 20.550 (1) (a), the dollar amount for fiscal year 2020-21 is increased by
22$250,000 to conduct a student loan payment pilot program under Section 1 (1) of this
23act for private bar attorneys who accept public defender appointments and who meet
24certain additional criteria.
SB461,3,2525 (End)
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