AB370,5,142 18.10 (8) Trustees and fiscal agents. The commission may appoint one or
3more trustees and fiscal agents for each issue of bonds or notes. The secretary of
4administration may be denominated the trustee and the sole fiscal agent or a cofiscal
5agent for any issue of bonds or notes. Every other such fiscal agent shall be an
6incorporated bank or trust company authorized by the laws of the United States or
7of the state in which it is located to do a banking or trust company business. There
8may be deposited with a trustee, in a special account administered as provided in this
9chapter, moneys to be used only for the purposes expressly provided in a resolution
10authorizing the issuance of public debt or an agreement between the commission and
11the trustee. The commission may make such other provisions respecting trustees
12and fiscal agents as it deems necessary or useful and may enter into a contract with
13any trustee or fiscal agent containing such terms, including compensation, and
14conditions in regard to the trustee or fiscal agent as it deems necessary or useful.
AB370,8 15Section 8 . 18.10 (9) of the statutes is amended to read:
AB370,5,1816 18.10 (9) Prepayment. The commission may authorize public debt having any
17provisions for prepayment deemed necessary or useful, including the payment of any
AB370,9 19Section 9 . 18.11 of the statutes is created to read:
AB370,5,22 2018.11 Guaranty agreements unenforceable. Unless otherwise expressly
21provided by law, an agreement by the state to guaranty the debt of another is
AB370,10 23Section 10 . 18.14 (title) of the statutes is amended to read:
AB370,5,24 2418.14 (title) Validation of public debt.
1Section 11. 19.32 (2) of the statutes is renumbered 19.32 (2) (a) and amended
2to read:
AB370,6,63 19.32 (2) (a) “Record" means any material on which written, drawn, printed,
4spoken, visual, or electromagnetic information or electronically generated or stored
5data is recorded or preserved, regardless of physical form or characteristics, that has
6been created or is being kept by an authority.
AB370,6,10 7(b) “Record" includes, but is not limited to, handwritten, typed, or printed
8pages, maps, charts, photographs, films, recordings, tapes, optical discs, and any
9other medium on which electronically generated or stored data is recorded or
AB370,6,19 11(d) “Record" does not include drafts, notes, preliminary computations, and like
12materials prepared for the originator's personal use or prepared by the originator in
13the name of a person for whom the originator is working; materials that are purely
14the 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
17access is limited by copyright, patent, or bequest; and published materials in the
18possession of an authority other than a public library that are available for sale, or
19that are available for inspection at a public library.
AB370,12 20Section 12. 19.32 (2) (c) of the statutes is created to read:
AB370,6,2321 19.32 (2) (c) “Record” also includes budgets, meeting minutes, and other
22information provided by a UW-affiliated organization, as defined in s. 36.11 (59) (a)
233., to an employee of any University of Wisconsin System institution.
AB370,13 24Section 13. 19.42 (10) (t) of the statutes is created to read:
AB370,6,2525 19.42 (10) (t) A state public official described under sub. (13) (q).
1Section 14. 19.42 (13) (q) of the statutes is created to read:
AB370,7,32 19.42 (13) (q) An employee of a University of Wisconsin System institution who
3is any of the following:
AB370,7,44 1. A chancellor, dean, or director.
AB370,7,55 2. Responsible for signing a contract on behalf of the institution.
AB370,7,76 3. Also an officer or board member of a UW-affiliated organization, as defined
7in s. 36.11 (59) (a) 3., on an ongoing basis.
AB370,15 8Section 15 . 36.09 (1) (f) of the statutes is renumbered 36.09 (1) (f) 1. (intro.)
9and amended to read:
AB370,7,1510 36.09 (1) (f) 1. (intro.) The board shall delegate to each chancellor the necessary
11authority for the administration and operation of the institution within the policies
12and 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:
AB370,16 16Section 16. 36.09 (1) (f) 1. a. of the statutes is created to read:
AB370,7,2117 36.09 (1) (f) 1. a. Delegate the board's governance powers or duties to the
18president or a chancellor or administrative officer of an institution. For purposes of
19this subd. 1. a., “governance powers or duties” mean those powers or duties that rise
20above duties related to administration or operation, and include the power to
21approve policies or budgets or to specify the mission of the system or an institution.
AB370,17 22Section 17 . 36.09 (1) (f) 1. b. of the statutes is created to read:
AB370,7,2523 36.09 (1) (f) 1. b. Delegate the authority to enter into a guaranty, financial
24agreement, or obligation involving a UW-affiliated organization, as defined in s.
2536.11 (59) (a) 3.
1Section 18. 36.09 (1) (f) 2. of the statutes is created to read:
AB370,8,52 36.09 (1) (f) 2. Subject to subd. 1., the board may adopt policies that explicitly
3delegate authority that the board considers appropriate to a committee of the board,
4an institutional board, a committee of an institution, or any other group that the
5board considers appropriate.
AB370,19 6Section 19 . 36.09 (3) (c) of the statutes is created to read:
AB370,8,167 36.09 (3) (c) A chancellor or administrative officer or other employee of an
8institution may not make a guaranty or enter into a financial agreement or
9obligation with a UW-affiliated organization, as defined in s. 36.11 (59) (a) 3. without
10the express written consent of the board. A violation of this paragraph is
11malfeasance and a person who commits a violation shall be dismissed for cause. A
12guaranty, financial agreement, or obligation made or entered into in violation of this
13paragraph is void and unenforceable, except that the person who made or entered
14into the guaranty, financial agreement, or obligation is personally liable for any
15obligation incurred on behalf of an institution in the guaranty, financial agreement,
16or obligation.
AB370,20 17Section 20. 36.11 (59) of the statutes is created to read:
AB370,8,1818 36.11 (59) UW-affiliated organizations. (a) Definitions. In this subsection:
AB370,8,2019 1. “Name permission” means permission to use an institution's name or a
20variation of the name.
AB370,8,2221 2. “Payment” means payment in cash, goods, services, or any other thing of
AB370,8,2523 3. “UW-affiliated organization” means an entity, except a state agency, as
24defined in s. 16.298 (1) (d), and except an authority created under ch. 233 and its
25affiliated entities, that satisfies all of the following:
1a. The entity is legally distinct from an institution.
AB370,9,32 b. The entity is organized and operated for the benefit or in support of an
AB370,9,54 c. The entity is provided name permission or use of an institution's space,
5resources, or employees.
AB370,9,136 (b) Reports. The board shall require each institution to annually report to the
7board the name permission or use of the institution's space, resources, or employees
8that the institution provided to UW-affiliated organizations during each year, the
9payments made by UW-affiliated organizations for that name permission or use,
10and the difference between the monetary value of those payments and the fair
11market value of that name permission or use. The reports shall also describe and set
12forth the monetary value of all payments made by institutions to UW-affiliated
AB370,9,1514 (c) Evaluations. The board shall establish requirements for regularly
15evaluating the relationship between institutions and UW-affiliated organizations.
AB370,21 16Section 21. 36.115 (1) of the statutes is amended to read:
AB370,9,1817 36.115 (1) In this section, except sub. (9), “chancellor" means the chancellor of
18the University of Wisconsin-Madison.
AB370,22 19Section 22. 36.115 (9) of the statutes is created to read:
AB370,9,2120 36.115 (9) (a) In this subsection, “UW-affiliated organization” has the meaning
21given in s. 36.11 (59) (a) 3.
AB370,9,2422 (b) No individual who is employed by an institution may be employed at the
23same time by a UW-affiliated organization without the approval of both the
24chancellor of the institution and the board.
1(c) An individual who obtains approval under par. (b) may not be compensated
2by both an institution and a UW-affiliated organization for the same time worked.
3To ensure compliance with this paragraph, the board shall require individuals
4employed at institutions other than the University of Wisconsin-Madison and the
5chancellor of the University of Wisconsin-Madison shall require individuals
6employed at that institution to report time worked for UW-affiliated organizations.
AB370,10,107 (d) The board and the chancellor of the University of Wisconsin-Madison shall
8revise the personnel systems developed under subs. (2) and (3) and the employment
9relations policies and practices established under sub. (7) as necessary to ensure
10compliance with this subsection.
AB370,23 11Section 23 . 36.17 (1) of the statutes is amended to read:
AB370,10,1812 36.17 (1) An appointment to a position listed in sub. (2) shall be a limited
13appointment 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. Notwithstanding s.
1539.09 (1) (f), the board may not delegate its authority to make limited appointments.

16A faculty member who has been granted tenure or a person holding an academic staff
17appointment under s. 36.15 shall not lose that appointment by accepting a limited
AB370,24 19Section 24. Initial applicability.
AB370,10,2320 (1) UW-affiliated organization employment. The treatment of s. 36.115 (9) (b)
21first applies to University of Wisconsin System employees whose employment by a
22UW-affiliated organization, as defined in s. 36.11 (59) (a) 3., commences on the
23effective date of this subsection.
AB370,10,2424 (End)