SECTION 3. 67.05 (6m) (a) of the statutes is amended to read:
67.05 (6m) (a) An initial resolution adopted by a technical college district board for an issue of bonds in an amount of money not exceeding $1,000,000 $1,500,000 for building remodeling or improvement need not be submitted to the electors of the district for approval unless within 30 days after the initial resolution is adopted there is filed with the technical college district secretary a petition conforming to the requirements of s. 8.40 requesting a referendum thereon. Such a petition shall be signed by electors from each county lying wholly or partially within the district. The number of electors from each county shall equal at least 1.5% of the population of the county as determined under s. 16.96 (2) (c). If a county lies in more than one district, the technical college system board shall apportion the county's population as determined under s. 16.96 (2) (c) to the districts involved and the petition shall be signed by electors equal to the appropriate percentage of the apportioned population. Any initial resolution adopted under sub. (1) in an amount of money not exceeding $1,000,000 $1,500,000 at the discretion of the district board, may be submitted to the electors without waiting for the filing of a petition. All initial resolutions adopted under sub. (1) in an amount of money in excess of $1,000,000 $1,500,000 or more for building remodeling or improvement shall be submitted to the electors of the district for approval. If a referendum is duly petitioned or required under this subsection, bonds may not be issued until the electors of the district have approved the issue.
SECTION 4. 67.12 (12) (e) 5. of the statutes is amended to read:
67.12 (12) (e) 5. Within 10 days of the adoption by a technical college district board of a resolution under subd. 1. to issue a promissory note for a purpose under s. 38.16 (2), the secretary of the district board shall publish a notice of such adoption as a class 1 notice, under ch. 985. The notice need not set forth the full contents of the resolution, but shall state the amount proposed to be borrowed, the method of borrowing, the purpose thereof, that the resolution was adopted under this subsection and the place where and the hours during which the resolution is available for public inspection. If the amount proposed to be borrowed is for building remodeling or improvement and does not exceed $1,000,000 $1,500,000 or is for movable equipment, the district board need not submit the resolution to the electors for approval unless, within 30 days after the publication or posting, a petition conforming to the requirements of s. 8.40 is filed with the secretary of the district board requesting a referendum at a special election to be called for that purpose. Such petition shall be signed by electors from each county lying wholly or partially within the district. The number of electors from each county shall equal at least 1.5% of the population of the county as determined under s. 16.96 (2) (c). If a county lies in more than one district, the technical college system board shall apportion the county's population as determined under s. 16.96 (2) (c) to the districts involved and the petition shall be signed by electors equal to the appropriate percentage of the apportioned population. In lieu of a special election, the district board may specify that the referendum shall be held at the next succeeding spring primary or election or September primary or general election. Any resolution to borrow amounts of money in excess of $1,000,000 $1,500,000 for building remodeling or improvement shall be submitted to the electors of the district for approval. If a referendum is held or required under this subdivision, no promissory note may be issued until the issuance is approved by a majority of the district electors voting at such referendum. The referendum shall be noticed, called and conducted under s. 67.05 (6a) insofar as applicable, except that the notice of special election and ballot need not embody a copy of the resolution and the question which shall appear on the ballot shall be "Shall .... (name of district) be authorized to borrow the sum of $.... for (state purpose) by issuing its general obligation promissory note (or notes) under section 67.12 (12) of the Wisconsin Statutes?".
SECTION 9348. Initial applicability; Technical College System.
(1) CAPITAL EXPENDITURES. The treatment of sections 38.15 (1) and (2), 67.05 (6m) (a), and 67.12 (12) (e) 5. of the statutes first applies to district board resolutions adopted on the effective date of this subsection.
(End)
LRB-0481LRB-0481/2
JTK:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0149 - Sale of UW buildings, structures, and land
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: sale of buildings, structures, and land by the Board of Regents of the University of Wisconsin System and making appropriations.
Analysis by the Legislative Reference Bureau
education
Higher education
Currently, the proceeds of sales of real property by the Board of Regents of the UW System are appropriated for various purposes. However, with certain exceptions, the net proceeds of sales during the period beginning on October 27, 2007, and ending on June 30, 2009, must be used for the operation of the UW System.
This bill imposes the same requirement for the use of the net proceeds of any sales of real property by the Board of Regents that occur during the period beginning on the day the bill becomes law, subject to the same exceptions.
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:
SECTION 1. 13.48 (14) (a) of the statutes is amended to read:
13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that during the period prior to July 1, 2007, and the period beginning on October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this paragraph .... [LRB inserts date], the term does not include the Board of Regents of the University of Wisconsin System.
SECTION 2. 20.285 (1) (j) of the statutes is amended to read:
20.285 (1) (j) Gifts and donations. All moneys received from gifts, grants, bequests and devises, except moneys received from the sale of real property during the period before July 1, 2007, and the period beginning on October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this paragraph .... [LRB inserts date], to be administered and expended in accordance with the terms of the gift, grant, bequest or devise to carry out the purposes for which made and received.
SECTION 3. 20.285 (1) (ka) of the statutes is amended to read:
20.285 (1) (ka) Sale of real property. All net proceeds from the sale of real property by the board under s. 36.34, 1969 stats., and s. 36.33, except net proceeds received during the period before July 1, 2007, and the period beginning on October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this paragraph .... [LRB inserts date], to be used for the purposes of s. 36.34, 1969 stats., and s. 36.33, including the expenses enumerated in s. 13.48 (2) (d) incurred in selling the real property under those sections.
SECTION 4. 2005 Wisconsin Act 25, section 9152 (5), as last affected by 2007 Wisconsin Act 20, section 3937, is renumbered 36.335 of the statutes and amended to read:
36.335 Sale of real property other land; buildings and structures. If Except as provided in s. 36.33, if the Board of Regents of the University of Wisconsin System sells any real property under its jurisdiction during the period prior to July 1, 2007, and the period beginning on the effective date of this subsection October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this section .... [LRB inserts date], the board shall credit the net proceeds of the sale to the appropriation account under section s. 20.285 (1) (iz) of the statutes, as affected by this act, except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under section s. 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds.
(End)
LRB-0493LRB-0493/P2
MDK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0164 - Technical college nonresident tuition
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
Current law requires the Wisconsin Technical College System Board (WTCS Board) to establish tuition for resident and nonresident students. For a resident student, the WTCS Board must comply with requirements that depend on whether the student is enrolled in a liberal arts collegiate transfer program or in a postsecondary or vocational-adult program. For a nonresident student, the WTCS Board must establish tuition based on 100 percent of the statewide cost per full-time equivalent student for operating the program in which the student is enrolled.
This bill changes the requirements for nonresident students. The bill requires the WTCS Board to establish tuition for nonresident students based on 150 percent of the program fees that the WTCS Board is required to establish for resident students.
For further information see the state and local 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:
SECTION 1. 38.24 (3) (a) of the statutes is amended to read:
38.24 (3) (a) For all students who are not residents of this state, nor subject to reciprocal agreements with the board, annually the board shall establish a fee based on 100% of the statewide cost per full-time equivalent student for operating the programs in which they are enrolled 150 percent of program fees established under sub. (1m) (a) and (b).
SECTION 9348. Initial applicability; Technical College System.
(1) NONRESIDENT FEES. The treatment of section 38.24 (3) (a) of the statutes first applies to fees charged to students in the semester beginning after the effective date of this subsection.
(End)
LRB-0502LRB-0502/P2
MDK:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0166 - Workforce advancement training grants
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Higher education
Current law allows the Wisconsin Technical College System (WTCS) Board to make grants to technical college district boards (district boards) for skills training related to the needs of business. Current law prohibits the WTCS Board from making a grant unless certain requirements are satisfied, including that the business is located in this state, has no more than 100 employees, and has no more than $10,000,000 in gross annual income. Also, current law prohibits using a grant to pay more than 80 percent of the cost of training the spouse or child of the business owner, or to pay wages or compensate for lost revenue in connection with providing the training. In addition, current law prohibits the WTCS Board from awarding more than $1,000,000 in grants in a fiscal year.
This bill eliminates all of the prohibitions described above. In addition, the bill eliminates a requirement under current law for district boards to submit reports to the WTCS Board on how grants are used.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 38.41 (2) and (3) of the statutes are repealed.
(End)
LRB-0508LRB-0508/8
CMH:wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Skwarczek, BB0135 - Repeal QEO
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Employment
Under current law, in local government employment other than law enforcement and fire fighting employment, if a dispute relating to the terms of a proposed collective bargaining agreement has not been settled after a reasonable period of negotiation and after mediation by the Wisconsin Employment Relations Commission (WERC), either party, or the parties jointly, may petition WERC to initiate compulsory, final, and binding arbitration with respect to any dispute relating to wages, hours, and conditions of employment. An arbitrator must adopt the final offer of one of the parties on all disputed issues, which is then incorporated into the collective bargaining agreement.
This process does not apply, however, to a dispute over economic issues involving a collective bargaining unit consisting of school district professional employees if WERC determines, subsequent to an investigation, that the employer has submitted a qualified economic offer (QEO). A QEO consists of a proposal to maintain the percentage contribution by the employer to the employees' existing fringe benefit costs and the employees' existing fringe benefits and to provide for an annual average salary increase having a cost to the employer at least equal to 2.1 percent of the existing total compensation and fringe benefit costs for the employees in the collective bargaining unit plus any fringe benefit savings. Fringe benefit savings is that amount, if any, by which 1.7 percent of the total compensation and fringe benefit costs for all municipal employees in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employees' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employees. This bill eliminates the QEO exception from the compulsory, final, and binding arbitration process.
Under current law, school district professional employees must be placed in a collective bargaining unit that is separate from the units of other school district employees. This bill eliminates this requirement.
Finally, the bill eliminates a 3.8 percent cap imposed on salary and fringe benefit annual cost increases for all nonrepresented professional school district employees.
For further information see the state and local 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:
SECTION 1. 111.70 (1) (a) of the statutes is amended to read:
111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.
SECTION 2. 111.70 (1) (b) of the statutes is amended to read:
111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.
SECTION 3. 111.70 (1) (dm) of the statutes is repealed.
SECTION 4. 111.70 (1) (fm) of the statutes is repealed.
SECTION 5. 111.70 (1) (nc) of the statutes is repealed.
SECTION 6. 111.70 (1) (ne) of the statutes is amended to read:
111.70 (1) (ne) "School district professional employee" means a municipal employee who is a professional employee and who is employed to perform services for a school district.
SECTION 7. 111.70 (4) (cm) 5. of the statutes is amended to read:
111.70 (4) (cm) 5. 'Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., and 7g. for a collective bargaining unit consisting of municipal employees who are not school district employees and under subd. 7r. for a collective bargaining unit consisting of municipal employees.
SECTION 8. 111.70 (4) (cm) 5s. of the statutes is repealed.
SECTION 9. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.
SECTION 10. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.
SECTION 11. 111.70 (4) (cm) 7. of the statutes is amended to read:
111.70 (4) (cm) 7. 'Factor given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, except for any decision involving a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel shall consider and shall give the greatest weight to any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor in the arbitrator's or panel's decision.
