The bill provides that information provided by a UW-affiliated organization to
a UW institution employee is considered a public record, not including donor
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:
18.01 (4) (intro.) of the statutes is renumbered 18.01 (4) (am) (intro.) 2
and amended to read:
(am) (intro.) “Public debt"
means every voluntary, 4
unconditional undertaking by the state, other than an operating note, to repay a sum 5
18.01 (4) (bm) of the statutes is created to read:
(bm) “Public debt” does not include any agreement by the state to 8
guaranty the debt of another.
18.05 (2) of the statutes is amended to read:
The last determination made by the department of revenue of the full 11
market value of all general property of the state liable to taxes pursuant to s. 70.575
shall be the aggregate value of all taxable property in the state. The department of 2
revenue shall certify such value when requested for use in connection with the 3
contracting of state public
18.05 (3) of the statutes is amended to read:
The legislative audit bureau shall annually determine the amounts 6
under sub. (1) (b) 1. and 2. and shall certify such amounts when requested for use in 7
connection with the contracting of state public
debt. It shall use in making such 8
determination the fair market value of all property on hand in the sinking funds of 9
the bond security and redemption fund. It shall take into account any anticipatory 10
contracts under s. 18.10 (1).
18.06 (8) (am) 2. of the statutes is amended to read:
(am) 2. The interest exchange agreement must identify by maturity, 13
bond issue, or bond purpose the public
debt or obligation to which the agreement is 14
related. The determination of the commission included in an interest exchange 15
agreement that such agreement relates to a debt or obligation shall be conclusive.
18.10 (1) of the statutes is amended to read:
18.10 (1) Anticipatory contracts.
After adoption of an authorizing resolution 18
for a purpose which is to be accomplished wholly or in part through performance of 19
an executory contract by some other contracting party, such contract may be entered 20
into prior to the contracting of the public
debt authorized by such resolution with like 21
effect as if the funds necessary for payments on the contract were already available. 22
In such cases the public
debt authorized by such resolution shall be deemed to have 23
been contracted pursuant to such resolution in the amount necessary to make such 24
payments on the date such contract is entered into and the authority of such 25
resolution shall promptly thereafter be exercised.
18.10 (8) of the statutes is amended to read:
18.10 (8) Trustees and fiscal agents.
The commission may appoint one or 3
more trustees and fiscal agents for each issue of bonds or notes. The secretary of 4
administration may be denominated the trustee and the sole fiscal agent or a cofiscal 5
agent for any issue of bonds or notes. Every other such fiscal agent shall be an 6
incorporated bank or trust company authorized by the laws of the United States or 7
of the state in which it is located to do a banking or trust company business. There 8
may be deposited with a trustee, in a special account administered as provided in this 9
chapter, moneys to be used only for the purposes expressly provided in a resolution 10
authorizing the issuance of public
debt or an agreement between the commission and 11
the trustee. The commission may make such other provisions respecting trustees 12
and fiscal agents as it deems necessary or useful and may enter into a contract with 13
any trustee or fiscal agent containing such terms, including compensation, and 14
conditions in regard to the trustee or fiscal agent as it deems necessary or useful.
18.10 (9) of the statutes is amended to read:
18.10 (9) Prepayment.
The commission may authorize public
debt having any 17
provisions for prepayment deemed necessary or useful, including the payment of any 18
18.11 of the statutes is created to read:
2018.11 Guaranty agreements unenforceable.
Unless otherwise expressly 21
provided by law, an agreement by the state to guaranty the debt of another is 22
18.14 (title) of the statutes is amended to read:
(title) Validation of public debt.
19.32 (2) of the statutes is renumbered 19.32 (2) (a) and amended 2
(a) “Record" means any material on which written, drawn, printed, 4
spoken, visual, or electromagnetic information or electronically generated or stored 5
data is recorded or preserved, regardless of physical form or characteristics, that has 6
been created or is being kept by an authority.
“Record" includes, but is not limited to, handwritten, typed, or printed 8
pages, maps, charts, photographs, films, recordings, tapes, optical discs, and any 9
other medium on which electronically generated or stored data is recorded or 10
“Record" does not include drafts, notes, preliminary computations, and like 12
materials prepared for the originator's personal use or prepared by the originator in 13
the name of a person for whom the originator is working; materials that are purely 14
the personal property of the custodian and have no relation to his or her office; donor
15information provided by a UW-affiliated organization, as defined in s. 36.11 (59) (a)
163., to an employee of a University of Wisconsin System institution;
materials to which 17
access is limited by copyright, patent, or bequest; and published materials in the 18
possession of an authority other than a public library that are available for sale, or 19
that are available for inspection at a public library.
19.32 (2) (c) of the statutes is created to read:
(c) “Record” also includes budgets, meeting minutes, and other 22
information provided by a UW-affiliated organization, as defined in s. 36.11 (59) (a) 23
3., to an employee of any University of Wisconsin System institution.
19.42 (10) (t) of the statutes is created to read:
(t) A state public official described under sub. (13) (q).
19.42 (13) (q) of the statutes is created to read:
(q) An employee of a University of Wisconsin System institution who 3
is any of the following:
1. A chancellor, dean, or director.
2. Responsible for signing a contract on behalf of the institution.
3. Also an officer or board member of a UW-affiliated organization, as defined 7
in s. 36.11 (59) (a) 3., on an ongoing basis.
36.09 (1) (f) of the statutes is renumbered 36.09 (1) (f) 1. (intro.) 9
and amended to read:
(f) 1. (intro.) The board shall delegate to each chancellor the necessary 11
authority for the administration and operation of the institution within the policies 12
and guidelines established by the board. The board may also not delegate or rescind
13other authority to chancellors, committees of the board, administrative officers,
14members of the faculty and students or such other groups as it deems appropriate. 15do any of the following:
36.09 (1) (f) 1. a. of the statutes is created to read:
(f) 1. a. Delegate the board's governance powers or duties to the 18
president or a chancellor or administrative officer of an institution. For purposes of 19
this subd. 1. a., “governance powers or duties” mean those powers or duties that rise 20
above duties related to administration or operation, and include the power to 21
approve policies or budgets or to specify the mission of the system or an institution.
36.09 (1) (f) 1. b. of the statutes is created to read:
(f) 1. b. Delegate the authority to enter into a guaranty, financial 24
agreement, or obligation involving a UW-affiliated organization, as defined in s. 25
36.11 (59) (a) 3.
36.09 (1) (f) 2. of the statutes is created to read:
(f) 2. Subject to subd. 1., the board may adopt policies that explicitly 3
delegate authority that the board considers appropriate to a committee of the board, 4
an institutional board, a committee of an institution, or any other group that the 5
board considers appropriate.
36.09 (3) (c) of the statutes is created to read:
(c) A chancellor or administrative officer or other employee of an 8
institution may not make a guaranty or enter into a financial agreement or 9
obligation with a UW-affiliated organization, as defined in s. 36.11 (59) (a) 3. without 10
the express written consent of the board. A violation of this paragraph is 11
malfeasance and a person who commits a violation shall be dismissed for cause. A 12
guaranty, financial agreement, or obligation made or entered into in violation of this 13
paragraph is void and unenforceable, except that the person who made or entered 14
into the guaranty, financial agreement, or obligation is personally liable for any 15
obligation incurred on behalf of an institution in the guaranty, financial agreement, 16
36.11 (59) of the statutes is created to read:
36.11 (59) UW-affiliated organizations.
In this subsection:
1. “Name permission” means permission to use an institution's name or a 20
variation of the name.
2. “Payment” means payment in cash, goods, services, or any other thing of 22
3. “UW-affiliated organization” means an entity, except a state agency, as 24
defined in s. 16.298 (1) (d), and except an authority created under ch. 233 and its 25
affiliated entities, that satisfies all of the following:
a. The entity is legally distinct from an institution.
b. The entity is organized and operated for the benefit or in support of an 3
c. The entity is provided name permission or use of an institution's space, 5
resources, or employees.
The board shall require each institution to annually report to the 7
board the name permission or use of the institution's space, resources, or employees 8
that the institution provided to UW-affiliated organizations during each year, the 9
payments made by UW-affiliated organizations for that name permission or use, 10
and the difference between the monetary value of those payments and the fair 11
market value of that name permission or use. The reports shall also describe and set 12
forth the monetary value of all payments made by institutions to UW-affiliated 13
The board shall establish requirements for regularly 15
evaluating the relationship between institutions and UW-affiliated organizations.
36.115 (1) of the statutes is amended to read:
In this section, except sub. (9),
“chancellor" means the chancellor of 18
the University of Wisconsin-Madison.
36.115 (9) of the statutes is created to read:
(a) In this subsection, “UW-affiliated organization” has the meaning 21
given in s. 36.11 (59) (a) 3.
(b) No individual who is employed by an institution may be employed at the 23
same time by a UW-affiliated organization without the approval of both the 24
chancellor of the institution and the board.
(c) An individual who obtains approval under par. (b) may not be compensated 2
by both an institution and a UW-affiliated organization for the same time worked. 3
To ensure compliance with this paragraph, the board shall require individuals 4
employed at institutions other than the University of Wisconsin-Madison and the 5
chancellor of the University of Wisconsin-Madison shall require individuals 6
employed at that institution to report time worked for UW-affiliated organizations.
(d) The board and the chancellor of the University of Wisconsin-Madison shall 8
revise the personnel systems developed under subs. (2) and (3) and the employment 9
relations policies and practices established under sub. (7) as necessary to ensure 10
compliance with this subsection.
36.17 (1) of the statutes is amended to read:
An appointment to a position listed in sub. (2) shall be a limited 13
appointment and the appointment shall, except as provided in s. 36.09 (2) (a), be
14made by the board and shall
be at the pleasure of the board.
1539.09 (1) (f), the board may not delegate its authority to make limited appointments. 16
A faculty member who has been granted tenure or a person holding an academic staff 17
appointment under s. 36.15 shall not lose that appointment by accepting a limited 18
(1) UW-affiliated organization employment.
The treatment of s. 36.115 (9) (b) 21
first applies to University of Wisconsin System employees whose employment by a 22
UW-affiliated organization, as defined in s. 36.11 (59) (a) 3., commences on the 23
effective date of this subsection.