AB64: Bill Text

AB64,582 Section 582. 29.564 (2) of the statutes is amended to read:

AB64,370,6 29.564 (2) All moneys collected under sub. (1), less the amount retained as authorized under sub. (1m), shall be deposited into the account under s. 20.370 (3) (is) (9) (ks).

AB64,583 Section 583. 29.984 (2) of the statutes is amended to read:

AB64,370,10 29.984 (2) Use of commercial fish protection surcharge funds. All moneys collected from commercial fish protection surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB64,584 Section 584. 29.9905 (2) of the statutes is amended to read:

AB64,370,14 29.9905 (2) Use of Great Lakes resource surcharge funds. All moneys collected from Great Lakes resource surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB64,585 Section 585. 30.52 (3m) (b) of the statutes is amended to read:

AB64,370,18 30.52 (3m) (b) All moneys collected under par. (a), less the amount retained as authorized under par. (am), shall be deposited into the account under s. 20.370 (3) (is) (9) (ks).

AB64,586 Section 586. 34.045 (title) of the statutes is repealed and recreated to read:

AB64,370,20 34.045 (title) Secretary of administration.

AB64,587 Section 587. 34.045 (1) (intro.) of the statutes is amended to read:

AB64,370,23 34.045 (1) (intro.) The depository selection board secretary of administration or his or her designee shall:

AB64,588 Section 588. 34.045 (1) (bm) of the statutes is amended to read:

AB64,371,4 34.045 (1) (bm) Direct the secretary of administration to maintain Maintain compensating balances, or direct the investment board to pay bank service costs as allocated by the secretary of administration under s. 25.19 (3) directly from the income account of the state investment fund, or by a combination of such methods.

AB64,589 Section 589. 34.045 (2) of the statutes is amended to read:

AB64,371,10 34.045 (2) In the exercise of its authority, the depository selection board The secretary of administration or his or her designee shall require any state department or agency to submit to it him or her for prior review, elimination, consolidation, renegotiation, or confirmation any existing service contract or service proposed by the department or agency.

AB64,590 Section 590. 34.045 (3) of the statutes is amended to read:

AB64,371,20 34.045 (3) The board secretary of administration or his or her designee may, for cause, disapprove any contract submitted to it under sub. (2) if it he or she finds the proposed contract to be in violation of the guidelines established under sub. (1), or to have been improperly negotiated or to be otherwise illegal. If the board secretary of administration or his or her designee fails to disapprove a proposed contract within 60 days after it is submitted by the department or agency, the contract shall be deemed approved. The board secretary of administration or his or her designee shall provide written justification for disapproving a contract proposed by a state agency or department. A disapproval is subject to judicial review under ch. 227.

AB64,591 Section 591. 34.045 (4) of the statutes is amended to read:

AB64,371,24 34.045 (4) State agencies and departments shall provide the board secretary of administration or his or her designee with a written justification for any proposed contract award for service.

AB64,592 Section 592 . 35.93 (2) (b) 3. bm. of the statutes is created to read:

AB64,372,2 35.93 (2) (b) 3. bm. Notices of preliminary public hearings and comment periods under s. 227.136.

AB64,593 Section 593 . 35.93 (2) (b) 3. im. of the statutes is created to read:

AB64,372,5 35.93 (2) (b) 3. im. Notices of public comment periods on proposed guidance documents under s. 227.112 (1) (a).

AB64,594 Section 594 . 36.02 of the statutes is created to read:

AB64,372,13 36.02 Freedom of expression. (1) The board and each institution and college campus shall be committed to free and open inquiry in all matters and shall guarantee all members of the system's community the broadest possible latitude to speak, write, listen, challenge, and learn. Except to the extent limitations on that freedom are necessary to the functioning of the system, the board and each institution and college campus shall fully respect and support the freedom of all members of the system's community to discuss any problem that presents itself.

AB64,372,21 (2) In the face of conflicting ideas, it is not the proper role of the board or any institution or college campus to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Although the board and each institution and college campus shall greatly value civility, and although all members of the system's community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members of the system's community.

AB64,373,16 (3) Although members of the system's community shall have freedom to debate and discuss the merits of competing ideas, the board and each institution and college campus may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the system. In addition, the board and each institution and college campus may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt the ordinary activities of the system. However, these exceptions to the general principle of freedom of expression shall be construed narrowly and are not intended to be used in a manner that is inconsistent with the system's commitment to a completely free and open discussion of ideas. The system's fundamental commitment is to the principle that debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the system's community to be offensive, unwise, immoral, or wrongheaded. It is for the individual members of the system's community, not for the board or any institution or college campus, to make those judgments for themselves, and to act on those judgments not by seeking to suppress speech, but by openly and vigorously contesting the ideas that they oppose. Fostering the ability of members of the system's community to engage in such debate and deliberation in an effective and responsible manner is an essential part of the system's educational mission.

AB64,374,2 (4) As a corollary to the system's commitment to protect and promote free expression, members of the system's community must also act in conformity with the principle of free expression. Although members of the system's community are free to criticize and contest the views expressed on the campuses of the system, and to criticize and contest speakers who are invited to express their views on these campuses, they may not obstruct or otherwise interfere with the freedom of others to express views they reject or even loathe. To this end, the board and each institution and college campus has a responsibility not only to promote a lively and fearless freedom of debate and deliberation, but also to protect that freedom when others attempt to restrict it.

AB64,595 Section 595. 36.09 (3) (a) of the statutes is amended to read:

AB64,374,15 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 and s. 36.11 (7) (b), 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.

AB64,596 Section 596. 36.11 (1) (b) of the statutes is amended to read:

AB64,375,11 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 July 14, 2015, regardless of any subsequent extension, modification, or renewal, which shall be the responsibility of the board.

AB64,597 Section 597 . 36.11 (3) (b) of the statutes is renumbered 36.11 (3) (b) 1. and amended to read:

AB64,375,25 36.11 (3) (b) 1. Subject to s. 36.31 (2m), the board shall establish policies for the appropriate transfer of credits between institutions within the system, including the designation of postsecondary credits earned by a high school pupil enrolled in a course at an institution within the system under the program under s. 118.55. The board shall designate in the policies established under this paragraph those courses which shall be transferable between and within institutions without loss of credit toward graduation or toward completion of a specific course of study. If the board determines that postsecondary credits earned by a high school pupil under the program under s. 118.55 are not transferable under this paragraph, the board shall permit the individual to take an examination to determine the individual's competency in the subject-area of the course and, if the individual receives a passing score on the examination, shall award equivalent credits to the individual.

AB64,598 Section 598. 36.11 (3) (b) 2. of the statutes is created to read:

AB64,376,6 36.11 (3) (b) 2. The board shall measure the effectiveness of the policies established under subd. 1. and, no later than January 1, 2018, submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report that describes any barriers to credit transferability between institutions within the system.

AB64,599 Section 599 . 36.11 (3) (c) of the statutes is amended to read:

AB64,376,17 36.11 (3) (c) Subject to s. 36.31 (2m), the board may establish policies for the appropriate transfer of credits with other educational institutions outside the system, including postsecondary credits earned by a high school pupil enrolled in a course at an educational institution outside the system through the program under s. 118.55. If the board determines that postsecondary credits earned by a high school pupil under the program under s. 118.55 are not transferable under this paragraph, the board shall permit the individual to take an examination to determine the individual's competency in the subject-area of the course and, if the individual receives a passing score on the examination, shall award equivalent credits to the individual.

AB64,600 Section 600. 36.11 (3) (cm) 4. of the statutes is amended to read:

AB64,376,20 36.11 (3) (cm) 4. Other courses for which the transfer of credits is accepted under par. (b) 1. or (c).

AB64,601 Section 601. 36.11 (7) of the statutes is renumbered 36.11 (7) (a) and amended to read:

AB64,376,24 36.11 (7) (a) The Subject to par. (b), the board may confer such degrees and grant such diplomas as are usual in universities or as it deems appropriate.

AB64,602 Section 602 . 36.11 (7) (b) of the statutes is created to read:

AB64,377,4 36.11 (7) (b) The board may not confer a bachelor's degree on a student enrolled in a university unless the student has had an internship experience or work experience while enrolled in the university. The board shall establish policies for determining whether a student has satisfied the requirement under this paragraph.

AB64,603 Section 603 . 36.112 of the statutes is created to read:

AB64,377,6 36.112 Performance funding. (1) Definitions. In this section:

AB64,377,12 (a) “Dual enrollment programs" means programs or courses of study designed to provide high school students the opportunity to gain credits in both a high school and a university or college campus, including transcripted credit programs or other educational services provided by contract between a school district and a university or college campus. “Dual enrollment programs” includes early college credit programs under s. 118.55.

AB64,377,15 (b) “High-impact practices” means techniques and designs for teaching and learning that the board has identified as proven to be beneficial for student engagement and successful learning among students from many backgrounds.

AB64,377,17 (c) “Performance funding” means the amount allocated under sub. (2) (a) for making distributions in a fiscal year under the plan approved under sub. (6).

AB64,377,18 (d) “State workforce” means the number of state residents aged 25 to 64.

AB64,377,22 (2) Allocation. (a) 1. Except as provided in subd. 2., in each fiscal year beginning in fiscal year 2017-18, the board shall allocate $21,250,000 of the amount appropriated for that fiscal year under s. 20.285 (1) (a) to make distributions in that fiscal year under the plan approved under sub. (6).

AB64,378,2 2. If distributions under the plan approved under sub. (6) do not begin until fiscal year 2018-19, the board shall allocate $42,500,000 of the amount appropriated for the 2017-19 fiscal biennium under s. 20.285 (1) (a) to make distributions in fiscal year 2018-19 under the plan approved under sub. (6).

AB64,378,4 (b) The amount allocated under par. (a) may be distributed only as specified in the plan approved under sub. (6) and may not be otherwise spent by the board.

AB64,378,9 (3) Performance rankings. (a) Affordability and attainability. For each fiscal year, the board shall rank each institution's performance regarding all of the following criteria and establish a formula for distributing 30 percent of the performance funding based on an institution's ranking so that an institution receives a distribution that is greater than any other institution with a lower ranking:

AB64,378,11 1. The average length of time for students to obtain each degree awarded by the institution in the prior fiscal year.

AB64,378,12 2. Participation in dual enrollment programs during the prior fiscal year.

AB64,378,14 3. The percentage of students awarded degrees in the prior fiscal year who completed the degree requirements within 3 years.

AB64,378,16 4. The percentage of students awarded degrees in the prior fiscal year who completed the degree requirements within 4 years.

AB64,378,18 5. The percentage of students awarded degrees in the prior fiscal year who completed the degree requirements within 6 years.

AB64,378,20 6. The percentage of students awarded degrees in the prior fiscal year in healthcare, science, technology, engineering, or mathematics.

AB64,378,22 7. The graduation rate of low-income students for the prior fiscal year as determined in a manner specified by the board.

AB64,378,23 8. Faculty instructional hours during the prior fiscal year.

AB64,379,3 (b) Work readiness. For each fiscal year, the board shall rank each institution's performance regarding all of the following criteria and establish a formula for distributing 15 percent of the performance funding based on an institution's ranking so that an institution receives a distribution that is greater than any other institution with a lower ranking:

AB64,379,6 1. The average number of high-impact practices experienced at any time during undergraduate enrollment by students who graduated with undergraduate degrees in the prior fiscal year.

AB64,379,8 2. The percentage of students who participated in internships at any time during their undergraduate enrollment.

AB64,379,13 (c) Student success in state workforce. For each fiscal year, the board shall rank each institution's performance regarding all of the following criteria and establish a formula for distributing 30 percent of the performance funding based on an institution's ranking so that an institution receives a distribution that is greater than any other institution with a lower ranking:

AB64,379,15 1. The percentage of students awarded degrees in the prior fiscal year who obtained full-time postgraduate employment.

AB64,379,18 2. The percentage of students awarded degrees in the prior fiscal year who obtained full-time postgraduate employment in a field related to the degree awarded.

AB64,379,20 3. The percentage of the state workforce who graduated from the institution in the 5 prior fiscal years.

AB64,379,22 4. The percentage of students awarded degrees in the prior fiscal year who are employed or continuing their education within one year of graduation.

AB64,380,2 5. The number of degrees awarded by the institution in the prior fiscal year that are in high-demand fields. The department of workforce development shall determine what constitutes high-demand fields and revise the determination as necessary.

AB64,380,8 (d) Efficiency. For each fiscal year, the board shall rank each institution's performance in minimizing expenditures for supplies, services, personnel, and other administrative expenses during the prior fiscal year and establish a formula for distributing 10 percent of the performance funding based on an institution's ranking so that an institution receives a distribution that is greater than any other institution with a lower ranking.

AB64,380,13 (e) Service. For each fiscal year, the board shall rank each institution's performance regarding all of the following criteria and establish a formula for distributing 5 percent of the performance funding based on an institution's ranking so that an institution receives a distribution that is greater than any other institution with a lower ranking:

AB64,380,16 1. The number of state residents served by the University of Wisconsin-Extension and outreach programs at the institution during the prior fiscal year.

AB64,380,18 2. Expenditures at the institution during the prior fiscal year on student community service programs that do not award academic credit.

AB64,380,24 (f) Additional criteria. For each fiscal year, the board shall rank each institution's performance during the prior fiscal year regarding 2 criteria specified by the board that are in addition to the criteria under pars. (a) to (e) and establish a formula for distributing 10 percent of the performance funding based on an institution's ranking so that an institution receives a distribution that is greater than any other institution with a lower ranking.

AB64,381,4 (4) Enrollment size. In ranking performance and establishing formulas under sub. (3), the board shall control for the number of students enrolled at each institution so that institutions with larger enrollments are not advantaged over institutions with smaller enrollments.

AB64,381,9 (5) University of Wisconsin Colleges. (a) In establishing formulas under sub. (3), the Board of Regents may substitute different criteria to apply to the University of Wisconsin Colleges if the board determines that the different criteria are appropriate for evaluating the performance of the University of Wisconsin Colleges.

AB64,381,13 (b) The Board of Regents may exempt the University of Wisconsin Colleges from any ranking and distribution under sub. (3) if the board determines that the criteria related to that ranking and distribution should not apply to the University of Wisconsin Colleges.

AB64,381,21 (6) Approval. No later than January 1, 2018, the board shall submit to the secretary of administration a plan for making the distributions under sub. (3). The plan shall include the board's method for ranking performance regarding each set of criteria under sub. (3). Within 30 days after receipt of the plan, the secretary of administration shall approve the plan or require the board to resubmit the plan. Within 30 days of receipt of a resubmitted plan, the secretary of administration shall approve the plan or require additional resubmittal. The board may not implement a plan until approved by the secretary of administration.

AB64,381,23 (7) Report card. In each fiscal year beginning in fiscal year 2018-19, the board shall require each institution to do all of the following:

AB64,381,25 (a) Prepare an evaluation designated “Performance Funding Report Card” in a single-page format specified by the board that does all of the following:

AB64,382,3 1. Summarizes the institution's performance during the prior fiscal year with respect to the criteria specified in sub. (3) and other metrics specified by the board. If the board specifies other metrics, those metrics shall apply to all institutions.

AB64,382,5 2. Compares the performance summarized under subd. 1. with the performance of the other institutions.

AB64,382,7 3. Includes any additional information the board may require, including any information specified in s. 36.65 (2) (a), (c), (d), (e), or (f).

AB64,382,9 (b) Prominently link to the evaluation under par. (a) on the home page of the institution's Internet site.

AB64,382,11 (c) Update the evaluation under par. (a) as necessary at the end of each semester.