SB21: Bill Text

SB21,1148 Section 1148. 36.11 (1) (cm) of the statutes is renumbered 36.11 (1x) (cm).

SB21,1149 Section 1149. 36.11 (1) (d) of the statutes is renumbered 36.11 (1x) (d).

SB21,1150 Section 1150. 36.11 (1c) (a) and (b) of the statutes are created to read:

SB21,555,11 36.11 (1c) (a) The power to sue and be sued, to have a seal and to alter the seal at pleasure, to have perpetual existence, to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the board, to contract for legal services, and to make, amend, and repeal bylaws.

SB21,555,12 (b) The power to accept gifts, loans, and other aid.

SB21,1151 Section 1151. 36.11 (1L) (title) of the statutes is created to read:

SB21,555,14 36.11 (1L) (title) Fiscal management.

SB21,1152 Section 1152. 36.11 (1p) of the statutes is created to read:

SB21,555,18 36.11 (1p) Bonds. (a) Issuance. The authority may issue bonds for any corporate purpose. All bonds are negotiable for all purposes, notwithstanding their payment from a limited source.

SB21,555,25 (b) Bonds not public debt. 1. The state is not liable on bonds issued by the authority and the bonds are not a debt of the state. All bonds shall contain a statement to this effect on the face of the bond. A bond issue does not, directly or indirectly or contingently, obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of the bonds. Nothing in this paragraph prevents the authority from pledging its full faith and credit to the payment of bonds.

SB21,556,10 2. Nothing in this chapter authorizes the authority to create a debt of the state, and all bonds issued by the authority are payable, and shall state that they are payable, solely from the funds pledged for their payment in accordance with the bond resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security for the bonds. The state is not liable for the payment of the principal of or interest on a bond or for the performance of any pledge, mortgage, obligation or agreement that may be undertaken by the authority. The breach of any pledge, mortgage, obligation or agreement undertaken by the authority does not impose pecuniary liability upon the state or a charge upon its general credit or against its taxing power.

SB21,556,16 (c) State pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with the authority under this chapter, that the state will not limit or alter the rights vested in the authority by this chapter before the authority has fully met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with the authority.

SB21,1153 Section 1153. 36.11 (3) (d) of the statutes is repealed.

SB21,1154 Section 1154. 36.11 (4) of the statutes is amended to read:

SB21,556,21 36.11 (4) Injunctive relief. The board may obtain injunctive relief to enforce this chapter or any rules promulgated or policies and procedures adopted under this chapter.

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

SB21,557,2 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 and procure insurance against any loss in connection with the authority's property and other assets.

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

SB21,557,9 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.

SB21,1157 Section 1157. 36.11 (6) (title), (a) and (b) of the statutes are repealed.

SB21,1158 Section 1158. 36.11 (6) (c) of the statutes is renumbered 36.11 (6) and amended to read:

SB21,557,17 36.11 (6) Grant formula. By Annually, by April 10, 1998, and annually thereafter, the board shall develop and submit to the higher educational aids board for its review under s. 39.285 (1) a proposed formula for the awarding of grants under s. 39.435, except for grants awarded under s. 39.435 (2) or (5), for the upcoming academic year to students enrolled in the system.

SB21,1159 Section 1159. 36.11 (8) (b) of the statutes is amended to read:

SB21,557,24 36.11 (8) (b) The board shall establish fines for the violation of any rule made under par. (a). The institutions are authorized to collect such fines together with moneys collected from the sale of parking permits and other fees established under par. (a), to be used only for the purpose of developing and operating parking or other transportation facilities at the institution at which collected and for enforcing parking rules under par. (a).

SB21,1160 Section 1160. 36.11 (8e) of the statutes is repealed.

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

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

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

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

SB21,1165 Section 1165. 36.11 (15) of the statutes is repealed.

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

SB21,1167 Section 1167. 36.11 (17) of the statutes is repealed.

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

SB21,1169 Section 1169. 36.11 (19) of the statutes is repealed.

SB21,1170 Section 1170. 36.11 (21) of the statutes is repealed.

SB21,1171 Section 1171. 36.11 (22) of the statutes is repealed.

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

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

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

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

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

SB21,1177 Section 1177. 36.11 (27) of the statutes is repealed.

SB21,1178 Section 1178. 36.11 (27m) of the statutes is created to read:

SB21,558,23 36.11 (27m) Lease with state. (a) The board shall negotiate and enter into a lease agreement for an initial period of not more than 75 years with the secretary of administration to lease any state-owned property or facilities required for the board to perform its duties and exercise its powers. The lease agreement shall include all of the following:

SB21,559,2 1. A provision that requires the board to pay the state for leasing property and facilities under the agreement a nominal amount determined by the parties to be necessary to prevent the lease agreement from being unenforceable because of a lack of consideration.

SB21,559,5 2. A provision that requires the board to conduct its operations in such a way so that it will not adversely affect the exclusion of interest on bonds issued by the state from gross income under 26 USC 103 for federal income tax purposes.

SB21,559,6 3. A provision that gives the state ownership of all of the following:

SB21,559,8 a. Any improvements or modifications made by the board to property or facilities leased under the lease agreement.

SB21,559,9 b. Any facility that the board constructs on state-owned land.

SB21,559,13 4. A provision that, notwithstanding s. 13.48 (10) (c), requires the board to obtain the approval of the building commission for any construction or renovation project involving a state-owned facility or occurring on state-owned land, if the cost of the project is at least $760,000.

SB21,559,17 5. A provision requiring the authority to make payments for principal and interest costs incurred in financing self-amortizing university facilities and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB21,559,19 6. A provision making the board responsible for maintenance and upkeep of the facilities and property leased under the lease agreement.

SB21,559,22 7. Any provision necessary to ensure that the general management and operation of the facilities and property leased under the lease agreement are consistent with duties and powers of the board.

SB21,559,23 8. A provision on a mechanism for the resolution of disputes.

SB21,560,4 (b) The board shall submit the lease agreement required under par. (a) and any subsequent modification, extension, or renewal of the lease agreement to the joint committee on finance. No extension or renewal of the lease agreement may be for a period of more than 75 years. The lease agreement and any modification, extension, or renewal of the lease agreement may take effect only upon approval of the committee.

SB21,1179 Section 1179. 36.11 (28) of the statutes is amended to read:

SB21,560,13 36.11 (28) Lease agreement with the University of Wisconsin Hospitals and Clinics Authority. Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), and subject to any prior lease entered into under s. 13.48 (14) (am) or 16.848 (1), the The board shall negotiate and enter into a carry out the obligations under any lease agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (7) and, 2013 stats., and that is in effect on the effective date of this subsection .... [LRB inserts date], and the board shall comply with s. 233.04 (7g).

SB21,1180 Section 1180. 36.11 (28m) of the statutes is amended to read:

SB21,560,21 36.11 (28m) Affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority. Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), the The board shall negotiate and enter into an carry out the obligations under any affiliation agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (7m) and, 2013 stats., and that is in effect on the effective date of this subsection .... [LRB inserts date], and the board shall comply with s. 233.04 (7p).

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

SB21,561,4 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).

SB21,1182 Section 1182. 36.11 (29r) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,1183 Section 1183. 36.11 (29r) (b) 1. of the statutes is amended to read:

SB21,561,10 36.11 (29r) (b) 1. The board shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

SB21,1184 Section 1184. 36.11 (29r) (b) 2. of the statutes is amended to read:

SB21,561,19 36.11 (29r) (b) 2. Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs administered by the board. The report shall include all of the information required under s. 238.07 235.016 (2). The board shall collaborate with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority to make readily accessible to the public on an Internet-based system the information required under this subsection.

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

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

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

SB21,1188 Section 1188. 36.11 (36) of the statutes is repealed.

SB21,1189 Section 1189. 36.11 (36m) of the statutes is repealed.

SB21,1190 Section 1190. 36.11 (37) of the statutes is repealed.

SB21,1191 Section 1191. 36.11 (39) of the statutes is repealed.

SB21,1192 Section 1192. 36.11 (40) of the statutes is repealed.

SB21,1193 Section 1193. 36.11 (43) of the statutes is repealed.

SB21,1194 Section 1194. 36.11 (44) of the statutes is repealed.

SB21,1195 Section 1195. 36.11 (46) of the statutes is repealed.

SB21,1196 Section 1196. 36.11 (47) (intro.) of the statutes is repealed and recreated to read:

SB21,562,17 36.11 (47) (intro.) Armed forces. If a student who is a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from school after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces for at least 30 days, the board shall reenroll the student beginning in the semester in which he or she is discharged, demobilized, or deactivated from active duty or the next succeeding semester, whichever the student prefers, shall give the student the same priority in registering for courses that the student would have had if he or she had registered for courses at the beginning of the registration period, and, at the student's request, do one of the following for all courses from which the student had to withdraw:

SB21,1197 Section 1197. 36.11 (48) of the statutes is repealed.

SB21,1198 Section 1198. 36.11 (51) of the statutes is repealed.

SB21,1199 Section 1199. 36.11 (53) of the statutes is repealed.

SB21,1200 Section 1200. 36.11 (53m) of the statutes is repealed.

SB21,1201 Section 1201. 36.11 (54) of the statutes is repealed.

SB21,1202 Section 1202. 36.11 (55) of the statutes is repealed.

SB21,1203 Section 1203. 36.11 (55m) (e) of the statutes is amended to read:

SB21,563,4 36.11 (55m) (e) The conditions for accepting the contracts and conducting the research are established pursuant to a process approved by the chancellor, in consultation with the faculty, of the institution at which the research is to be conducted.

SB21,1204 Section 1204. 36.11 (56) of the statutes is amended to read: