SB472: Bill Text

SB472,8,3 6. Identify the higher education debt to be reimbursed.

SB472,8,5 7. Describe the grounds for terminating the agreement and an individual's liability to the board upon termination.

SB472,8,7 8. Identify the penalty under sub. (10) (a) and (b) 1. for intentionally providing false information to the board or council.

SB472,8,14 (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) (b) 2.

SB472,8,19 (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.

SB472,8,22 (7) Limits. In a fiscal year, no more than 30 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. or c.

SB472,9,2 (8) Termination; suspension. (a) Grounds. 1. Except as provided in par. (c), on the date that an individual ceases to be a state resident or manage a farm or component of a farm in this state as his or her primary occupation, 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.

SB472,9,9 2. If an individual fails to annually submit documentation to the board as required under sub. (4) (b) 2. by a due date determined by the board, the board shall terminate the individual's agreement under sub. (4) (a) and the individual is not eligible to receive any remaining payments under the agreement, unless the board at its discretion grants the individual an extension for submitting the required documentation. An individual whose agreement is terminated under this subdivision may reapply for reimbursement under sub. (3).

SB472,9,15 (b) Clawback. Upon termination of an agreement under par. (a), 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.

SB472,9,21 (c) Suspension. The board shall promulgate rules that allow for suspension of an individual's 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 manage a farm or component of a farm in this state as his or her primary occupation for a limited period. The circumstances shall include deployment in the U.S. armed services or national guard. The rules shall provide for each of the following:

SB472,9,23 1. Suspending payments during the period the individual ceases to be a state resident and reinstituting payments when the individual is a state resident.

SB472,9,25 2. Suspending payments during the period the individual ceases managing a farm or component of a farm in this state as his or her primary occupation and reinstituting payments when the individual resumes managing a farm or component of a farm in this state as his or her primary occupation.

SB472,10,7 (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 advise the board to give priority to applicants under the following categories:

SB472,10,8 1. Applicants with the greatest financial need.

SB472,10,12 2. Applicants who are most likely to successfully continue managing a farm or a component of a farm in this state based on factors including an applicant's interest in a farming career, demonstrated training and experience, farm business plan, and relationship with a mentor.

SB472,10,13 3. Applicants who own or who are working toward ownership of a farm.

SB472,10,17 4. Applicants who manage a farm or component of a farm that employs 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.

SB472,10,19 5. Applicants who are members of groups that are underrepresented in farming in this state.

SB472,11,2 (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).

SB472,11,5 (10) Penalties. (a) Forfeiture. Any individual who intentionally provides false information to the board or council under this section may be required to forfeit no more than $500.

SB472,11,11 (b) Clawback. 1. If an individual with whom the board has entered into an agreement under sub. (4) (a) 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.

SB472,11,16 2. 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) (b) 4., the board shall terminate the agreement and the individual is liable to the board for the most recent payment made to the individual under sub. (5) together with interest at the rate of 5 percent per year from the date of the payment.

SB472,11,18 (11) Rules. The board and department may promulgate rules to carry out their respective duties under this section.

SB472,11,21 (12) Council. The council shall advise the board on carrying out the board's duties and promulgating rules under this section. The department shall provide administrative support to the council.

SB472,12,4 (13) Audits. The legislative audit bureau shall evaluate the effectiveness of the program established under this section in accomplishing the purposes specified in sub. (1). No later than July 1, 2026, 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.

SB472,4 Section 4 . 71.05 (6) (a) 30. of the statutes is created to read:

SB472,12,8 71.05 (6) (a) 30. The amount of student loan interest taken as a deduction under section 221 of the Internal Revenue Code, to the extent student loan interest was reimbursed under s. 39.52 and subtracted under par. (b) 54.

SB472,5 Section 5 . 71.05 (6) (b) 54. of the statutes is created to read:

SB472,12,11 71.05 (6) (b) 54. For taxable years beginning after December 31, 2018, any amount received by an individual under the program under s. 39.52.

SB472,6 Section 6 . Nonstatutory provisions.

SB472,12,18 (1) Initial council members. Notwithstanding the length of term for certain members of the beginning farmer higher education debt council that is specified in s. 15.137 (7) (intro.), the initial member appointed under s. 15.137 (7) (a) shall have a term expiring on July 1, 2021, the initial member appointed under s. 15.137 (7) (b) shall have a term expiring on July 1, 2022, and the initial member appointed under s. 15.137 (7) (c) shall have a term expiring on July 1, 2023.

SB472,12,19 (End)