SB21: Bill Text

SB21,1127 Section 1127. 36.09 (1) (a) and (L) of the statutes are consolidated, renumbered 36.11 (1c) (intro.) and amended to read:

SB21,550,20 36.11 (1c) In general. (intro.) The primary responsibility for governance of the system shall be vested in the board which shall enact policies and promulgate rules adopt policies and procedures for governing the system, plan for the future needs of the state, including workforce needs, for university education, ensure the diversity of quality undergraduate programs while preserving the strength of the state's graduate training and research centers and promote the widest degree of institutional autonomy within the controlling limits of system-wide policies and priorities established by the board. (L), and provide affordable access to high-quality postsecondary, graduate, and doctoral education. The board shall possess all powers necessary or convenient for the operation of the system except as limited in this chapter and ss. 13.48 (14) (am) and 16.848 (1). and implementation of this chapter, including the following powers in connection with its projects and program, in addition to all other powers granted by this chapter:

SB21,1128 Section 1128. 36.09 (1) (am) (intro.) of the statutes is amended to read:

SB21,550,25 36.09 (1) (am) (intro.) The board, in consultation with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, shall do all of the following for each economic development program, as defined in s. 36.11 (29r) (a), administered by the board:

SB21,1129 Section 1129. 36.09 (1) (am) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,1130 Section 1130. 36.09 (1) (b), (c) and (d) of the statutes are consolidated, renumbered 36.11 (1g) and amended to read:

SB21,551,12 36.11 (1g) Institutions and college campuses. The board may, after public hearing at each an institution, shall establish for each the institution a mission statement delineating specific program responsibilities and types of degrees to be granted. (c) The board shall determine the educational programs to be offered in the system and may discontinue educational programs as it deems necessary. (d) The board shall establish policies to guide program activities to ensure that they will be are compatible with the missions of the institutions of the system. To this end, the board shall make all reasonable effort to provide night courses.

SB21,1131 Section 1131. 36.09 (1) (e) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 36.11 (1t) and amended to read:

SB21,552,4 36.11 (1t) Personnel. The board may employ any agent or employee that the board finds necessary and shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene;, the director of the psychiatric institute;, and the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff; and other employees and fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No. The board shall develop and implement a personnel structure and other employment policies for all employees of the authority. The board may not use or allow any sectarian or partisan tests or any tests based upon race, religion, national origin, or sex shall ever be allowed or exercised in the appointment of the employees of the system.

SB21,1132 Section 1132. 36.09 (1) (f) of the statutes is repealed.

SB21,1133 Section 1133. 36.09 (1) (gm) of the statutes is repealed.

SB21,1134 Section 1134. 36.09 (1) (h) of the statutes is renumbered 36.11 (1L) and amended to read:

SB21,552,21 36.11 (1L) The board shall establish the authority's annual budget and monitor the fiscal management of the authority. The board shall allocate funds and adopt budgets for the respective institutions giving consideration to the principles of comparable budgetary support for similar programs and equitable compensation for faculty and academic staff with comparable training, experience and responsibilities and recognizing competitive ability to recruit and retain qualified faculty and academic staff. If the board ceases or suspends operation of any institution or college campus, the appropriations any appropriation to the board for operation of the institution or college campus may be utilized by the board for any other purpose authorized by the appropriations appropriation within the period for which the appropriations are appropriation is made. The board shall provide the secretary of administration with such financial and statistical information as is required by the secretary of administration.

SB21,1135 Section 1135. 36.09 (1) (hm) of the statutes is repealed.

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

SB21,553,23 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 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.

SB21,1137 Section 1137. 36.09 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 32 and 2015 Wisconsin Act .... (this act), is repealed.

SB21,1138 Section 1138. 36.09 (2) of the statutes is repealed.

SB21,1139 Section 1139. 36.09 (3) of the statutes is repealed.

SB21,1140 Section 1140. 36.09 (4) of the statutes is repealed.

SB21,1141 Section 1141. 36.09 (4m) of the statutes is repealed.

SB21,1142 Section 1142. 36.09 (5) of the statutes is repealed.

SB21,1143 Section 1143. 36.11 (title) of the statutes is amended to read:

SB21,554,7 36.11 (title) Powers and duties of the board Board of regents Regents.

SB21,1144 Section 1144. 36.11 (1) (title) of the statutes is renumbered 36.11 (1x) (title).

SB21,1145 Section 1145. 36.11 (1) (a) of the statutes is renumbered 36.11 (1x) (a).

SB21,1146 Section 1146. 36.11 (1) (b) of the statutes is renumbered 36.11 (1x) (b) and amended to read:

SB21,555,3 36.11 (1x) (b) Except as provided in this paragraph and ss. 13.48 (14) (am) and 16.848 (1) sub. (27m), 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 Except for a lease under sub. (27m), 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 any property as provided by law, or any part thereof owned by the authority 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 shall be the responsibility of the department of administration under s. 16.84 (5).

SB21,1147 Section 1147. 36.11 (1) (c) of the statutes is renumbered 36.11 (1x) (c).

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: