AB745,10,1816 (f) Use of a for-profit or nonprofit private enterprise would impede the ability
17of the state governmental unit to fully comply with any collective bargaining
18agreement under subch. I or V of ch. 111.
AB745,10,2319 (g) The joint committee on public-private partnership, taking into account any
20applicable competitive impact statement, and the views of private enterprises, state
21governmental units, and other affected persons, determines that the interests of the
22public are best served by maintaining existing practices used by the state
23governmental unit to obtain certain essential goods and services.
AB745,11,2 24(3) Unless otherwise required by law, if a state governmental unit is authorized
25by law to engage in a commercial activity, the state governmental unit shall impose

1and collect a fee for that activity which shall include all costs related to engaging in
2the activity by the state governmental unit.
AB745,11,8 3(4) (a) Except as provided in par. (b), if the joint committee on public-private
4partnership determines that a specific program administered by a state
5governmental unit constitutes a restricted commercial activity, the state
6governmental unit shall, upon request of a majority of the membership of the
7committee, submit to the committee a competitive impact statement concerning such
8activity.
AB745,11,139 (b) If a state governmental unit implements a new program under which it
10proposes to engage in a commercial activity, the state governmental unit and the
11department of administration shall jointly, upon request of a majority of the
12membership of the joint committee on public-private partnership, submit a
13competitive impact statement for the program under par. (a).
AB745,11,24 14(5) Whenever any bill for which a fiscal estimate is required under s. 13.093
15(2) (a) or any executive budget bill under s. 16.47 (1) is introduced, the legislative
16reference bureau shall promptly send a copy of the bill to the department of
17administration. The department shall then determine whether the bill proposes to
18authorize or require any state governmental unit to engage in a commercial activity.
19If the bill so proposes, the department shall prepare or direct one or more appropriate
20state governmental units to prepare, and submit to the joint committee on
21public-private partnership, the competitive impact statement concerning such
22activity. The statement shall be printed with the fiscal estimate, if any, or in the case
23of the executive budget bill, shall be printed as an appendix to the bill in the same
24manner as amendments to the bill are printed.
AB745,12,3
1131.03 Competition by institutions of higher education with for-profit
2or nonprofit private enterprises restricted; exceptions. (1)
No institution of
3higher education may, unless specifically authorized by law:
AB745,12,64 (a) Engage in any commercial activity for students, faculty, staff, invited guests
5or the general public that can be procured from any for-profit or nonprofit private
6enterprise through ordinary business channels, unless the commercial activity:
AB745,12,77 1. Is authorized under s. 131.02 (2);
AB745,12,98 2. Requires the participation of students as part of an educational program in
9order to obtain a degree or certificate;
AB745,12,1110 3. Is a recognized and integral part of a teaching, educational or research
11program leading to a degree or certificate;
AB745,12,1312 4. Is considered by the joint committee on public-private partnership to be
13essential to providing affordable education to the students of the institution; or
AB745,12,1414 5. Consists of on-campus activities, including any of the following:
AB745,12,1515 a. Food service.
AB745,12,1616 b. Student housing.
AB745,12,1717 c. Sponsoring cultural and athletic events.
AB745,12,1818 d. Providing facilities for recreation to students, faculty and staff.
AB745,12,2019 e. Sales of course books and course-related supplies, excluding electronic
20equipment or devices and peripherals and software.
AB745,12,2221 f. Sale of personal items bearing the institution's insignia that are incidental
22to the sale of textbooks and other items permitted in this subdivision.
AB745,12,2423 (b) Engage in any commercial activity for or through another institution of
24higher education or state governmental unit.
AB745,13,4
1(c) Provide for the disposal by sale of goods or services that are part of research
2or instruction conducted by students and faculty of the institution of higher
3education and leading to a student degree or certificate unless all of the following
4apply:
AB745,13,55 1. The sale is an integral part of the research or instruction.
AB745,13,66 2. There is no other practical way of disposing of the goods.
AB745,13,87 3. The goods or services are sold at their market value utilizing uniform
8accounting standards.
AB745,13,11 9(2) In determining whether a commercial activity is directly related to a
10teaching, educational or research program leading to a degree or certificate, an
11institution of higher education shall consider the following:
AB745,13,1312 (a) Whether the activity is necessary for the student to pursue a degree or
13certificate or for faculty or staff to engage in research or teaching.
AB745,13,1414 (b) Whether the commercial activity is not generally available to the public.
AB745,13,1715 (c) Whether the fee charged for the commercial activity reflects the direct and
16indirect costs and overhead costs of the activity and the price in the private
17marketplace.
AB745,13,2018 (d) Whether measures have been taken to ensure that the commercial activity
19is available only to students, faculty, staff or invited guests of the institution and not
20to the general public.
AB745, s. 5 21Section 5. Nonstatutory provisions; initial terms.
AB745,14,222 (1) Notwithstanding section 13.59 (1) (c) of the statutes, as created by this act,
23the members of the joint committee on public-private partnership who are initially

1appointed to serve under section 13.59 (1) (c) of the statutes, as created by this act,
2shall serve for terms expiring on December 31, 1998.
AB745,14,33 (End)
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