Amendment SSA1-SB21

SB21-SSA1,400,12 32.185 Condemnor. "Condemnor", for the purposes of ss. 32.19 to 32.27, means any municipality, board, commission, public officer, or corporation business entity vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized by statute to employ its powers of eminent domain or by the power of eminent domain. "Condemnor" also means a displacing agency. In this section, "displacing agency" means any state agency, political subdivision of the state or person carrying out a program or project with public financial assistance that causes a person to be a displaced person, as defined in s. 32.19 (2) (e).

SB21-SSA1,1073 Section 1073. 32.19 (3) (d) of the statutes is created to read:

SB21-SSA1,400,19 32.19 (3) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under pars. (a) to (c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations adopted thereunder.

SB21-SSA1,1076 Section 1076. 32.19 (4) (d) of the statutes is created to read:

SB21-SSA1,401,2 32.19 (4) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under pars. (a) to (c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations adopted thereunder.

SB21-SSA1,1092m Section 1092m. 32.29 of the statutes is amended to read:

SB21-SSA1,401,11 32.29 False statements prohibited. Any officer, agent, or employee of a governmental body or corporation business entity granted condemnation power under s. 32.02 (1) or (3) to (16) who intentionally makes or causes to be made a statement which he or she knows to be false to any owner of property concerning the condemnation of such property or to any displaced person concerning his or her relocation benefits under s. 32.19, 32.20, 32.25, or 32.26 or who fails to provide the information required under s. 32.26 (6) shall be fined not less than $50 nor more than $1,000, or imprisoned for not more than one year in the county jail or both.

SB21-SSA1,1102 Section 1102. 35.001 (4) of the statutes is amended to read:

SB21-SSA1,401,16 35.001 (4) "State agencies" include includes departments, boards, commissions, bureaus, and institutions and the University of Wisconsin System, except that "state agencies" does not include the Board of Regents of the University of Wisconsin System.

SB21-SSA1,1103 Section 1103. 35.01 (3) of the statutes is amended to read:

SB21-SSA1,401,21 35.01 (3) Class 3 — All book printing required for state agencies, not otherwise classified, except university press publications and technical or semitechnical journals of the University of Wisconsin System, the Wisconsin Magazine of History, and books of the historical society.

SB21-SSA1,1104 Section 1104. 35.015 (1) of the statutes is repealed.

SB21-SSA1,1104m Section 1104m. 35.035 (4) of the statutes is amended to read:

SB21-SSA1,402,2 35.035 (4) In this section, "state agencies" include includes all departments as defined in s. 16.002 (2), the legislature, the courts, and the legislative and judicial branch agencies. In this section, "state agencies" does not include the Board of Regents of the University of Wisconsin System.

SB21-SSA1,1104v Section 1104v. 35.07 of the statutes is created to read:

SB21-SSA1,402,9 35.07 Proposed constitutional amendments. No later than the August 1 preceding a general election, the legislative reference bureau shall publish on the Internet in one or more electronic file formats each proposed constitutional amendment that was approved for the first time by the legislature preceding the election. Each such proposed constitutional amendment shall remain so published on the Internet until the conclusion of the general election.

SB21-SSA1,1105e Section 1105e. 35.78 (5) of the statutes is amended to read:

SB21-SSA1,402,14 35.78 (5) In this section, "state agencies" include includes all departments as defined in s. 16.002 (2), the legislature, the courts, and the legislative service and judicial branch agencies. In this section, "state agencies" does not include the Board of Regents of the University of Wisconsin System.

SB21-SSA1,1105m Section 1105m. 35.81 (2) of the statutes is amended to read:

SB21-SSA1,402,20 35.81 (2) "State agency" has the meaning given for "agency" in s. 13.172 (1), and for purposes of ss. 35.81 to 35.835 includes a committee, as defined in s. 15.01 (3), and a committee established by executive order under s. 14.019, except that "state agency" does not include the Board of Regents of the University of Wisconsin System or an institution, as defined in s. 36.05 (9).

SB21-SSA1,1105s Section 1105s. 35.835 (1) of the statutes is amended to read:

SB21-SSA1,403,2 35.835 (1) Except as specified in sub. (2), state documents published exclusively for public sale by presses established by the University of Wisconsin System or the state historical society and state documents sold primarily on a subscription basis are exempt from the state document depository library distribution requirements under s. 35.83.

SB21-SSA1,1114 Section 1114. 36.05 (1) of the statutes is amended to read:

SB21-SSA1,403,7 36.05 (1) "Academic staff" means professional and administrative personnel with duties, and subject to types of appointments, that are primarily associated with higher education institutions or their administration, but does not include faculty and staff provided under s. 16.57.

SB21-SSA1,1118m Section 1118m. 36.05 (6) of the statutes is renumbered 36.05 (15) and amended to read:

SB21-SSA1,403,12 36.05 (15) "Classified " University staff" means all employees of the system other than faculty, academic staff, persons whose employment is a necessary part of their training, student assistants, and student hourly help.

SB21-SSA1,1124 Section 1124. 36.07 (3) of the statutes is repealed.

SB21-SSA1,1136 Section 1136. 36.09 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,404,13 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91, the board shall establish salaries for persons prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to recognize merit, to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and director of the office administrator of the division of state employment relations personnel management in the department of administration concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.

SB21-SSA1,1138m Section 1138m. 36.09 (2) (c) of the statutes is created to read:

SB21-SSA1,404,17 36.09 (2) (c) The president shall appoint a special assistant to the president to serve as the director of the office of educational opportunity under s. 36.64. The special assistant serves at the pleasure of the president.

SB21-SSA1,1139g Section 1139g. 36.09 (3) (a) of the statutes is amended to read:

SB21-SSA1,405,6 36.09 (3) (a) The chancellors shall be the executive heads of their respective faculties and institutions and shall be vested with the responsibility of administering board policies under the coordinating direction of the president and be accountable and report to the president and the board on the operation and administration of their institutions. Subject to board policy the chancellors of the institutions in consultation with their faculties shall be responsible for designing curricula and setting degree requirements; determining academic standards and establishing grading systems; defining and administering institutional standards for faculty peer evaluation and screening candidates for appointment, promotion and tenure; recommending individual merit increases; administering associated auxiliary services; and administering all funds, from whatever source, allocated, generated, or intended for use of their institutions , including approving disposition of all student fees.

SB21-SSA1,1139r Section 1139r. 36.09 (3m) of the statutes is created to read:

SB21-SSA1,405,10 36.09 (3m) Meaning of "subject to" in certain provisions. In subs. (4) to (5), "subject to the responsibilities and powers" means subordinate to the responsibilities and powers.

SB21-SSA1,1140m Section 1140m. 36.09 (4) of the statutes is amended to read:

SB21-SSA1,405,22 36.09 (4) Faculty. The faculty of each institution, subject to the responsibilities and powers of the board, the president, and the chancellor of such institution, shall be vested with responsibility for the immediate governance of such institution and shall actively participate in institutional policy development. As such, the faculty shall have the primary responsibility for advising the chancellor regarding academic and educational activities and faculty personnel matters. The faculty of each institution shall have the right to determine their own faculty organizational structure and to select representatives to participate in institutional governance, except that the faculty of each institution shall ensure that faculty in academic disciplines related to science, technology, engineering, and mathematics are adequately represented in the faculty organizational structure.

SB21-SSA1,1141m Section 1141m. 36.09 (4m) of the statutes is amended to read:

SB21-SSA1,406,8 36.09 (4m) Academic staff. The academic staff members of each institution, subject to the responsibilities and powers of the board, the president and, the chancellor, and the faculty of the institution, shall be active participants in the immediate governance of and policy development for the institution. The academic staff members have the primary responsibility for advising the chancellor regarding the formulation and review, and shall be represented in the development, of all policies and procedures concerning academic staff members, including academic staff personnel matters. The academic staff members of each institution shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance.

SB21-SSA1,1142m Section 1142m. 36.09 (5) of the statutes is amended to read:

SB21-SSA1,406,22 36.09 (5) Students. The students of each institution or campus subject to the responsibilities and powers of the board, the president, the chancellor , and the faculty shall be active participants in the immediate governance of and policy development for such institutions. As such, students shall have primary responsibility for advising the chancellor regarding the formulation and review of policies concerning student life, services, and interests. Students in consultation with the chancellor and subject to the final confirmation of the board shall have the responsibility for recommending the disposition of those student fees which constitute substantial support for campus student activities, subject to the approval of the chancellor and the final confirmation of the board. The students of each institution or campus shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance.

SB21-SSA1,1146m Section 1146m. 36.11 (1) (b) of the statutes is amended to read:

SB21-SSA1,407,18 36.11 (1) (b) Except as provided in this paragraph and ss. 13.48 (14) (am) and 16.848 (1), the board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law. Any lease by the board is subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under s. 233.03 (13) and the rights of the authority under any lease agreement, as defined in s. 233.01 (6). The board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under s. 13.48 (12). Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), the board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state. All purchases of real property shall be subject to the approval of the building commission. The provision of all leases of real property to be occupied by the board for use other than for student housing shall be the responsibility of the board. The provision of all leases of real property to be occupied by the board for use as student housing shall be the responsibility of the department of administration under s. 16.84 (5), except for leases in effect on the effective date of this paragraph .... [LRB inserts date], regardless of any subsequent extension, modification, or renewal, which shall be the responsibility of the board.

SB21-SSA1,1153m Section 1153m. 36.11 (3) (d) of the statutes is repealed and recreated to read:

SB21-SSA1,407,21 36.11 (3) (d) Each institution that has any of the following applicants shall charge a uniform application fee to that group of applicants:

SB21-SSA1,407,22 1. Undergraduate applicants.

SB21-SSA1,407,23 2. Graduate school applicants.

SB21-SSA1,407,24 3. Law school applicants.

SB21-SSA1,407,25 4. Medical school applicants.

SB21-SSA1,1155 Section 1155. 36.11 (5) (a) of the statutes is amended to read:

SB21-SSA1,408,4 36.11 (5) (a) The board may procure liability insurance covering the members of the board, any officer, employee, or agent, or such students whose activities may constitute an obligation or responsibility of the system.

SB21-SSA1,1156 Section 1156. 36.11 (5) (b) of the statutes is amended to read:

SB21-SSA1,408,11 36.11 (5) (b) The board may procure insurance to cover injuries sustained by students as a result of their participation in intercollegiate athletics. The board may not use general purpose revenue to pay for such insurance. With respect to any of the risks to be covered by the insurance, the board may contract for the services of a claims administrator and may obtain coverage by any combination of self-insurance, excess or stop-loss insurance or blanket insurance.

SB21-SSA1,1160m Section 1160m. 36.11 (8e) of the statutes is amended to read:

SB21-SSA1,408,21 36.11 (8e) Parking fees. The board shall direct each institution within the system to charge a parking fee for the parking of motor vehicles by students, faculty, academic and classified university staff, and visitors at campus. The board shall require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require the recovery of the costs of land for parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee. College campus facilities owned by a county are not required to charge a parking fee.

SB21-SSA1,1161 Section 1161. 36.11 (8m) of the statutes is repealed.

SB21-SSA1,1162g Section 1162g. 36.11 (11) of the statutes is repealed.

SB21-SSA1,1162r Section 1162r. 36.11 (11m) of the statutes is created to read:

SB21-SSA1,409,3 36.11 (11m) Investment of certain moneys. (a) The board may invest revenues from its auxiliary enterprises, gifts, grants, donations, and segregated fees collected for building projects by doing any of the following:

SB21-SSA1,409,5 1. Directly employing a financial manager to oversee the investment of these funds.

SB21-SSA1,409,7 2. Contracting with the investment board to manage the investment of these funds.

SB21-SSA1,409,9 3. Selecting a private investment firm using the competitive sealed proposal process described in s. 16.75 (2m).

SB21-SSA1,409,13 (b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues from its auxiliary enterprises, gifts, grants, donations, and segregated fees collected for building projects in the state investment fund if the board invests these moneys as provided in par. (a).

SB21-SSA1,1163 Section 1163. 36.11 (12) of the statutes is repealed.

SB21-SSA1,1164 Section 1164. 36.11 (13) of the statutes is repealed.

SB21-SSA1,1166 Section 1166. 36.11 (15m) of the statutes is repealed.

SB21-SSA1,1168 Section 1168. 36.11 (18) of the statutes is repealed.

SB21-SSA1,1172 Section 1172. 36.11 (23) of the statutes is repealed.

SB21-SSA1,1173 Section 1173. 36.11 (23m) of the statutes is repealed.

SB21-SSA1,1174 Section 1174. 36.11 (24) of the statutes is repealed.

SB21-SSA1,1175 Section 1175. 36.11 (25) of the statutes is repealed.

SB21-SSA1,1176 Section 1176. 36.11 (26) of the statutes is repealed.

SB21-SSA1,1176m Section 1176m. 36.11 (26m) of the statutes is created to read:

SB21-SSA1,409,24 36.11 (26m) Energy conservation projects. (a) In this subsection:

SB21-SSA1,410,2 1. "Eligible energy conservation project" means a project that satisfies all of the following criteria:

SB21-SSA1,410,4 a. The estimated costs associated with the project are offset by the estimated savings to the system after completion of the project.

SB21-SSA1,410,6 b. All estimated savings from the project are guaranteed by the qualified provider under par. (c) through a performance contract.

SB21-SSA1,410,8 c. The period in which estimated savings are projected to be realized from the project does not exceed 10 years.

SB21-SSA1,410,9 2. "Master lease" has the meaning given in s. 16.76 (4) (a).

SB21-SSA1,410,10 3. "Qualified provider" has the meaning given in s. 66.0133 (1) (d).

SB21-SSA1,410,15 (b) The president may annually identify and approve eligible energy conservation projects for the system. Eligible energy conservation projects approved by the president may be financed under a master lease entered into as provided in s. 16.76 (4), with the amount to be determined by the secretary of administration in consultation with the president.

SB21-SSA1,410,18 (c) 1. With respect to any master lease for an eligible energy conservation project under par. (b), the president shall select the qualified provider for the project and shall supervise the implementation of the project.

SB21-SSA1,410,20 2. For purposes of par. (a) 1., estimated savings for each energy conservation project shall be measured and verified in a manner established by the president.

SB21-SSA1,410,23 (d) This subsection applies in addition to, not in lieu of, any other statute or program authorizing the system to undertake or finance energy conservation projects, including s. 16.847.

SB21-SSA1,1181m Section 1181m. 36.11 (29) of the statutes is amended to read:

SB21-SSA1,411,7 36.11 (29) Other agreements with the University of Wisconsin Hospitals and Clinics Authority. The board may enter into joint purchasing contracts and other contracts, rental agreements and cooperative agreements and other necessary arrangements with the University of Wisconsin Hospitals and Clinics Authority which may be necessary and convenient for the missions, objects and uses of the University of Wisconsin Hospitals and Clinics Authority authorized by law. Purchasing contracts and agreements are subject to s. 16.73 (5).

SB21-SSA1,1185 Section 1185. 36.11 (31) of the statutes is repealed.

SB21-SSA1,1186 Section 1186. 36.11 (32) of the statutes is repealed.

SB21-SSA1,1187 Section 1187. 36.11 (33) of the statutes is repealed.