LRB-2426/1
PG:mfd:km
1997 - 1998 LEGISLATURE
March 20, 1997 - Introduced by Senators Welch, Farrow, Weeden, Fitzgerald,
Schultz and Buettner, cosponsored by Representatives Handrick,
Grothman, Walker, Jensen, Ladwig, Hahn, Goetsch, Duff, Owens, Albers,
Otte, Ott, Nass, Kelso, Seratti, Gard and Gunderson. Referred to Committee
on Education.
SB134,1,2
1An Act to create 36.11 (27) of the statutes;
relating to: segregated fees at the
2University of Wisconsin System.
Analysis by the Legislative Reference Bureau
Under the current statutes, the students enrolled in each institution in the
University of Wisconsin (UW) System, in consultation with the chancellor of the
institution and subject to the final confirmation of the UW board of regents, are
responsible for the disposition of those student fees that constitute substantial
support for campus student activities. In Southworth v. Grebe, No. 96-C-292-S, slip
op. (W.D. Wis. Nov. 29, 1996), the U.S. district court for the western district of
Wisconsin found that imposition of this mandatory segregated fee violates the First
Amendment to the United States Constitution. The court determined that a portion
of the mandatory segregated fee is used to support student organizations whose
educational benefits are incidental to their political and ideological purposes. This
practice, according to the court, compels students who are opposed to the positions
that these student organizations advocate to subsidize these student organizations,
resulting in a violation of the students' First Amendment rights to freedom of speech
and association. The defendants in the case have appealed the district court's
decision to the U.S. Court of Appeals for the 7th Circuit. As of this writing (February
21, 1997), the case is pending.
This bill prohibits the UW board of regents from approving any fee for the
support of a student organization whose educational benefits are incidental to its
primary purpose of advancing a political or ideological cause unless it exempts from
payment of the fee any student who objects to supporting the organization.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB134, s. 1
1Section
1. 36.11 (27) of the statutes is created to read:
SB134,2,52
36.11
(27) Segregated fees. The board may not approve any fee for the support
3of a student organization whose educational benefits are incidental to its primary
4purpose of advancing a political or ideological cause unless it exempts from payment
5of the fee any student who objects to supporting the organization.
SB134,2,87
(1) This act first applies to fees charged for the first fall semester beginning
8after publication.
