LRB-1712/1
MDK:cjs:jf
2011 - 2012 LEGISLATURE
October 31, 2011 - Introduced by Representatives Honadel, Ballweg, Bies, Craig,
Endsley, Kooyenga, LeMahieu, Marklein, Pridemore, Rivard, Spanbauer,
Strachota
and Thiesfeldt, cosponsored by Senators Grothman, Cowles,
Darling, Galloway, Lasee
and Lazich. Referred to Committee on Colleges and
Universities.
AB353,1,3 1An Act to renumber and amend 38.08 (1); to amend 38.08 (2m), 38.10 (2) (c)
2and 38.10 (2) (fm); and to create 38.08 (1b) of the statutes; relating to:
3membership of technical college district boards.
Analysis by the Legislative Reference Bureau
Under current law, the Wisconsin technical college system consists of 16
technical college districts, which are administered by district boards. Each district
board has the following nine members: two employers, two employees, one school
district administrator, one elected state or local official, and three additional
members. The employer and employee members must represent the various
businesses and industries in the district. Members are appointed for three-year
terms by appointment committees consisting of either county board chairs or school
board presidents.
This bill changes the membership of district boards so that they consist of the
following nine members: six business persons, one school district administrator, one
elected state or local official, and one additional member. The bill defines "business
person" as an owner, officer, director, member, manager, partner, operator, or
employee of any of the following entities: 1) a business entity that is operated for
profit; 2) a nonprofit hospital, clinic, or other health care organization or facility; or
3) a federal or state credit union. "Business person" is defined to also include a
retired person who, prior to retirement, earned a substantial portion of his or her
income as owner, officer, director, member, manager, partner, operator, or employee

of any of the foregoing entities. The bill does not otherwise affect the requirements
for appointing members.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB353, s. 1 1Section 1. 38.08 (1) of the statutes is renumbered 38.08 (1d), and 38.08 (1d)
2(a) 1. and 2., as renumbered, are amended to read:
AB353,2,83 38.08 (1d) (a) 1. A district board shall administer the district and shall be
4composed of 9 members who are residents of the district, including 2 employers, 2
5employees, 3
6 business persons, one additional members member, a school district
6administrator, as defined under s. 115.001 (8), and one elected official who holds a
7state or local office, as defined in s. 5.02. The board shall by rule define "employer"
8and "employee" for the purpose of this subdivision.
AB353,2,179 2. The employer and employee business person members of the district board
10shall be representative of the various businesses and industries in the district. The
11school district administrator shall be employed by the school board of a school district
12located in the district. Of the 3 additional members, no more than 2 may be
13employers, no more than 2 may be employees, no more than 3 may be school district
14administrators and no more than 3 may be elected officials.
No 2 members of the
15district board may be officials of the same governmental unit nor may any district
16board member be a member of the school board that employs the school district
17administrator member.
AB353, s. 2 18Section 2. 38.08 (1b) of the statutes is created to read:
AB353,2,1919 38.08 (1b) In this in section, "business person" means any of the following:
AB353,2,2120 1. An owner, officer, director, member, manager, partner, operator, or employee
21of any of the following entities:
AB353,3,1
1a. A business entity that is operated for profit.
AB353,3,32 b. A hospital, health care clinic, or other health care facility or organization,
3that is nonprofit.
AB353,3,44 c. A federal or state credit union.
AB353,3,75 2. A retired person who, prior to retirement, earned a substantial portion of his
6or her income as an owner, officer, director, member, manager, partner, operator, or
7employee of any entity specified in subd. 1. a. to 1. c.
AB353, s. 3 8Section 3. 38.08 (2m) of the statutes is amended to read:
AB353,3,119 38.08 (2m) Any member of a district board serving as an elected official under
10sub. (1) (1d) (a) 1. shall cease to be a member upon vacating his or her office as an
11elected official.
AB353, s. 4 12Section 4. 38.10 (2) (c) of the statutes is amended to read:
AB353,3,2313 38.10 (2) (c) At the meeting and prior to the appointment of district board
14members, the appointment committee shall formulate a plan of representation for
15the membership of the district board. The plan shall give equal consideration to the
16general population distribution within the district and the distribution of women
17and minorities within the district. The plan of representation for the membership
18of the district board that governs a district encompassing a 1st class city shall also
19give equal consideration to the distribution of minorities within the 1st class city.
20The plan shall form the basis upon which membership of the district board is
21determined. The board shall review district board appointments to determine
22whether they comply with the provisions of the plan and the requirements of s. 38.08
23(1) (1d) (a).
AB353, s. 5 24Section 5. 38.10 (2) (fm) of the statutes is amended to read:
AB353,4,13
138.10 (2) (fm) If the board determines under par. (c) that district board
2appointments do not comply with the plan of representation under par. (c) or do not
3comply with s. 38.08 (1) (1d) (a), the board shall notify the appointment committee
4that the district board appointments are in noncompliance. Within 45 days after
5receipt of the board's determination that the district board appointments are in
6noncompliance, the appointment committee shall make district board appointments
7that comply with the provisions of the plan of representation under par. (c) and with
8s. 38.08 (1) (1d) (a). The board shall review any appointments made under this
9paragraph. If the board determines that the appointments made under this
10paragraph do not comply with a plan of representation under par. (c) or do not comply
11with s. 38.08 (1) (1d) (a), the board shall formulate a plan of representation that
12conforms with par. (c) and the board shall appoint the district board members in
13accordance with the plan of representation and with s. 38.08 (1) (1d) (a).
AB353, s. 6 14Section 6. Nonstatutory provisions.
AB353,4,1515 (1) Transitional provisions.
AB353,4,1616 (a) In this subsection:
AB353,4,18 171. "Appointment committee" means an appointment committee constituted
18under section 38.10 (1) of the statutes.
AB353,4,21 192. "Additional member" means an additional member of a district board
20specified in section 38.08 (1) (a) 1., 2009 stats., who is not an employer, employee,
21school district administrator, or elected official member of the district board.
AB353,4,24 223. "Business person member" means a member of a district board that is a
23business person, as defined in section 38.08 (1b) of the statutes, as created by this
24act.
AB353,4,25 254. "District board" has the meaning given in section 38.01 (6) of the statutes.
AB353,5,2
15. "Employer member" means an employer member of a district board specified
2in section 38.08 (1) (a) 1., 2009 stats.
AB353,5,4 36. "Employee member" means an employee member of a district board specified
4in section 38.08 (1) (a) 1., 2009 stats.
AB353,5,75 (b) Notwithstanding section 38.08 (1d) of the statutes, as affected by this act,
6a member of a district board on the effective date of this paragraph may continue to
7serve as a member until the expiration of his or her term.
AB353,5,118 (c) An appointment committee for a district board shall appoint a business
9person member to the district board to fill the vacancy of the employer member of the
10district board whose term expires on June 30, 2012, and to fill the vacancy of the
11employee member of the district board whose term expires on June 30, 2012.
AB353,5,1712 (d) An appointment committee for a district board shall appoint a business
13person member to the district board to fill the vacancy of the additional member of
14the district board whose term expires on June 30, 2013, to fill the vacancy of the
15employer member of the district board whose term expires on June 30, 2013, and to
16fill the vacancy of the employee member of the district board whose term expires on
17June 30, 2013.
AB353,5,2018 (e) An appointment committee for a district board shall appoint a business
19person member to the district board to fill the vacancy of one of the additional
20members of the district board whose term expires on June 30, 2014.
AB353,5,2121 (End)
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