LRB-3798/2
MDK&MCP:kjf&wlj
2019 - 2020 LEGISLATURE
October 10, 2019 - Introduced by Senators Marklein, Bewley and Feyen,
cosponsored by Representatives
Murphy, Felzkowski, Kerkman, Ramthun
and Zimmerman. Referred to Committee on Universities, Technical Colleges,
Children and Families.
SB486,2,2
1An Act to repeal 13.106 (2), 16.54 (8r) (b), 36.11 (22) (a) 1. (intro.), 36.11 (22) (a)
22., 36.11 (22) (b), 36.11 (22) (d), 36.11 (54), 36.25 (25) (c), 36.45, 36.59 (2) (b) to
3(h), 36.59 (7) and 36.65 (4);
to renumber 36.11 (22) (a) 1. a.;
to renumber and
4amend 16.54 (8r) (a), 36.11 (22) (a) 1. b., 36.11 (22) (a) 1. c., 36.11 (22) (a) 1. d.
5and 36.11 (22) (c);
to consolidate, renumber and amend 36.59 (2) (intro.) and
6(a);
to amend 1.11 (2) (intro.), 1.11 (2) (j), 13.58 (5) (b) 6., 16.505 (2p) (a), 16.528
7(5), 16.891 (1) (a), 16.953, 20.907 (1m), 36.09 (1) (j), 36.11 (16), 36.11 (22) (a)
8(intro.) and 36.11 (55m) (e); and
to create 16.35, 36.11 (22) (a) 2m., 36.11 (22)
9(c) 1., 36.11 (22) (e) and 283.33 (10) of the statutes;
relating to: various
10University of Wisconsin System reporting requirements, commencement of the
11UW System's fall semester for graduate health science classes, UW System
1sexual assault and harassment information and reports, and energy cost
2reduction plans for certain state agencies.
Analysis by the Legislative Reference Bureau
Fall semester. This bill allows graduate health science classes at the
University of Wisconsin System to commence before September 1. Under current
law, only medical school and fourth year veterinary school classes may commence
before that date.
Reporting requirements. The bill also exempts the UW System from
requirements to submit the following reports, which apply to other state agencies
under current law: 1) an annual report to the Department of Administration on
interest paid for late payments; 2) an annual report to the Joint Committee on
Finance and DOA on expenditure of nonfederal gifts and grants; and 3) an annual
report to DOA on the cost of occupancy of state facilities.
In addition, the bill repeals requirements for the UW System to submit the
following reports: 1) a biennial financial report to the governor and JCF by the
Medical College of Wisconsin and the University of Wisconsin-Madison Medical
School; 2) an annual report to DOA and JCF on created and abolished positions; 3)
an annual report to the governor and JCF on federal funding expenditures; 4) an
annual report to JCF and DOA on salary increases; 5) an annual report to the
legislature and governor regarding employees with limited or concurrent
appointments and employees requiring backup positions; 6) a biennial report to JCF
on industrial and economic development research projects; 7) a biennial report to the
governor and JCF on research funded with general purpose revenue; 8) a semiannual
report to the Joint Committee on Information Policy and Technology on certain
information technology projects; 9) an annual report to JCF and the Joint Legislative
Audit Committee on fee increases; 10) an annual report to JCF on course dropout
rates; and 11) an annual report by UW System administration to the Board of
Regents on consultants. The bill also makes changes to requirements for UW System
large, high-risk information technology projects, including eliminating a
requirement for reporting certain changes regarding those projects to the Joint
Committee on Information Policy and Technology.
The bill also does the following:
1. Prohibits DOA from requiring the Board of Regents to submit to DOA reports
on accounts receivable or moving expenses if substantially similar information is
included in other reports submitted by the Board of Regents or is accessible through
DOA's statewide accounting system.
2. Exempts the Board of Regents from submitting annual reports to the
Department of Natural Resources relating to its local program for construction site
erosion control and storm water management.
3. Requires DOA, instead of the Board of Regents, to make an annual report
to the legislature on certain environmental impact reports regarding the UW
System.
Sexual assault and harassment. The bill makes changes to requirements
for UW institutions to annually provide information to students about sexual assault
and sexual harassment, including the following: 1) requiring the information to
include university policies prohibiting sexual assault and harassment; and 2)
eliminating an annual report by the Board of Regents to the legislature on
compliance with the requirements. The bill also changes reporting requirements for
sexual assault and harassment. Under current law, an employee of a UW institution
who witnesses or receives a report that a student has been sexually assaulted must
make a report to the dean of the institution. The bill requires instead that a campus
security authority (CSA) must make the reports. The bill defines CSA to have the
same meaning as under a federal law known as the Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act. Under the bill, if an
allegation that a sexual assault has occurred on or near campus is reported to a CSA
in his or her capacity as a CSA, the CSA must report the allegation to the institution's
dean or other appropriate official. The bill also requires the dean or other
appropriate official to compile the reports made by CSAs for the purpose of reporting
crime statistics as required under the federal law and eliminates a requirement for
UW institutions to make annual reports regarding sexual assaults to the
Department of Justice.
Energy cost reduction plans. The bill requires DOA to submit biennial plans
to JCF and the legislature on energy cost reduction for the following state agencies:
DOA, the Board of Regents, the Department of Corrections, the Department of
Health Services, the Department of Public Instruction, and the Department of
Veterans Affairs. Current law requires the state agencies themselves to submit the
plans.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB486,1
1Section 1
. 1.11 (2) (intro.) of the statutes is amended to read:
SB486,3,22
1.11
(2) (intro.)
All Except as provided in par. (j), all agencies of the state shall:
SB486,2
3Section
2. 1.11 (2) (j) of the statutes is amended to read:
SB486,4,54
1.11
(2) (j) Annually, no later than September 15, submit a report to the chief
5clerk of each house of the legislature for distribution to the legislature under s.
613.172 (2), including the number of proposed actions for which the agency conducted
7an assessment of whether an impact statement was required under par. (c) and the
1number of impact statements prepared under par. (c).
For proposed actions of the
2University of Wisconsin System that are UW gifts and grants projects let through
3single prime contracting under s. 16.855 (12m), the Board of Regents shall submit
4the report required under this paragraph and, for all other proposed actions of the
5University of Wisconsin System, the department shall submit the report.
SB486,3
6Section
3. 13.106 (2) of the statutes is repealed.
SB486,4
7Section
4. 13.58 (5) (b) 6. of the statutes is amended to read:
SB486,4,148
13.58
(5) (b) 6. Review any University of Wisconsin System, institution, or
9college campus information technology project
identified in a report submitted to the
10committee by the Board of Regents under s. 36.59 (7) with an actual or projected cost
11greater than $1,000,000 or that is identified as a large, high-risk information
12technology project under s. 36.59 (2) (a) to determine whether the project should be
13continued or implemented. The committee may forward any recommendations
14regarding the project to the governor and to the legislature under s. 13.172 (2).
SB486,5
15Section
5. 16.35 of the statutes is created to read:
SB486,4,21
1616.35 University of Wisconsin reports. The department may not require
17the Board of Regents of the University of Wisconsin System to submit to the
18department reports on accounts receivable or moving expenses if substantially
19similar information is included in other reports submitted to the department by the
20Board of Regents or is accessible through the department's statewide accounting
21system.
SB486,6
22Section
6. 16.505 (2p) (a) of the statutes is amended to read:
SB486,5,623
16.505
(2p) (a) Subject to par. (b), the
board Board of
regents
Regents of the
24University of Wisconsin System or the chancellor of the University of
25Wisconsin-Madison may create or abolish a full-time equivalent academic staff or
1faculty position or portion thereof from revenues appropriated under s. 20.285 (1) (a).
2Annually, no later than the September 30 following completion of the fiscal year, the
3board of regents or chancellor shall report to the department and the cochairpersons
4of the joint committee on finance concerning the number of full-time equivalent
5positions created or abolished by the board or chancellor under this subsection
6during the preceding fiscal year.
SB486,7
7Section
7. 16.528 (5) of the statutes is amended to read:
SB486,5,138
16.528
(5) Reports of interest paid. Annually before October 1, each agency
9shall report to the department the number of times in the previous fiscal year the
10agency paid interest under this section, the total amount of interest paid
, and the
11reasons why interest payments were not avoided by making timely payment.
In this
12subsection, “agency” does not include the Board of Regents of the University of
13Wisconsin System.
SB486,8
14Section
8. 16.54 (8r) (a) of the statutes is renumbered 16.54 (8r) and amended
15to read:
SB486,6,416
16.54
(8r) Whenever the federal government makes available moneys for
17instruction, extension, special projects
, or emergency employment opportunities, the
18board Board of
regents Regents of the University of Wisconsin System may accept
19the moneys on behalf of the state. The
board
Board of
regents Regents shall, in the
20administration of the expenditure of such moneys, comply with the requirements of
21the act of congress making the moneys available and with the regulations prescribed
22by the federal government or the federal agency administering the act, insofar as the
23act or regulations are consistent with state law. The
board Board of
regents Regents 24may submit any plan, budget, application
, or proposal required by the federal agency
25as a precondition to receipt of the moneys. The
board Board of
regents Regents may,
1consistent with state law, perform any act required by the act of congress or the
2federal agency to carry out the purpose of the act of congress. The
board Board of
3regents Regents shall deposit all moneys received under this
paragraph subsection 4in the appropriation account under s. 20.285 (1) (m).
SB486,9
5Section
9. 16.54 (8r) (b) of the statutes is repealed.
SB486,10
6Section
10. 16.891 (1) (a) of the statutes is amended to read:
SB486,6,97
16.891
(1) (a) “Agency" has the meaning given in s. 16.70 (1e)
, except that
8“agency” does not include the Board of Regents of the University of Wisconsin
9System.
SB486,11
10Section 11
. 16.953 of the statutes is amended to read:
SB486,6,22
1116.953 Energy cost reduction plans. No later than July 1 of each
12even-numbered year,
each agency, as defined in s. 16.75 (12) (a) 1., the department 13shall submit a plan to
the department, the joint committee on finance
, and the
14standing committee of each house of the legislature having jurisdiction over energy,
15for reduction of the cost of energy used by
the agency agencies, as defined under s.
1616.75 (12) (a) 1. The plan shall include all system and equipment upgrades or
17installations that are estimated to result in energy cost savings equal to the cost of
18the upgrade or installation over the anticipated life of the system or equipment. The
19plan shall also identify potential means of financing the upgrades and installations
20other than reliance on appropriations of general purpose revenues. The department
21of administration shall consider in its plan the means of financing allowed under s.
2216.858.
SB486,12
23Section
12. 20.907 (1m) of the statutes is amended to read:
SB486,7,1024
20.907
(1m) Reporting. State agencies shall, by December 1 annually, submit
25a report to the joint committee on finance and the department of administration on
1expenditures made by the agency during the preceding fiscal year from nonfederal
2funds received as gifts, grants, bequests
, or devises. The department of
3administration shall prescribe a form, which the department may modify as
4appropriate for the various state agencies, that each state agency must use to report
5its expenditures as required under this subsection. The form shall require the
6expenditures to be reported in aggregate amounts as determined by the department
7of administration. The report shall also include a listing of in-kind contributions,
8including goods and services, received and used by the state agency during the
9preceding fiscal year.
In this subsection, “state agency” does not include the Board
10of Regents of the University of Wisconsin System.
SB486,13
11Section
13. 36.09 (1) (j) of the statutes is amended to read:
SB486,8,912
36.09
(1) (j) Except where such matters are a subject of bargaining with a
13certified representative of a collective bargaining unit under s. 111.91, the board
14shall establish salaries for persons prior to July 1 of each year for the next fiscal year,
15and shall designate the effective dates for payment of the new salaries. In the first
16year of the biennium, payments of the salaries established for the preceding year
17shall be continued until the biennial budget bill is enacted. If the budget is enacted
18after July 1, payments shall be made following enactment of the budget to satisfy the
19obligations incurred on the effective dates, as designated by the board, for the new
20salaries, subject only to the appropriation of funds by the legislature and s. 20.928
21(3). This paragraph does not limit the authority of the board to establish salaries for
22new appointments. The board may not increase the salaries of employees under this
23paragraph unless the salary increase conforms to the proposal as approved under s.
24230.12 (3) (e) or the board authorizes the salary increase to recognize merit, to correct
25salary inequities under par. (h), to fund job reclassifications or promotions, or to
1recognize competitive factors. The granting of salary increases to recognize
2competitive factors does not obligate inclusion of the annualized amount of the
3increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums.
4No later than October 1 of each year, the board shall report to the joint committee
5on finance and the secretary of administration and administrator of the division of
6personnel management in the department of administration concerning the
7amounts of any salary increases granted to recognize competitive factors, and the
8institutions at which they are granted, for the 12-month period ending on the
9preceding June 30.
SB486,14
10Section
14. 36.11 (16) of the statutes is amended to read:
SB486,8,1411
36.11
(16) Commencement of fall semester. The board shall ensure that no
12fall semester classes at any institution, except medical school classes
, graduate
13health science classes, and 4th year classes at the school of veterinary medicine,
14commence until after September 1.
SB486,15
15Section 15
. 36.11 (22) (a) (intro.) of the statutes is amended to read:
SB486,8,1716
36.11
(22) (a) (intro.) The board shall direct each institution
and college campus 17to
annually provide students with information on all of the following:
SB486,16
18Section 16
. 36.11 (22) (a) 1. (intro.) of the statutes is repealed.
SB486,17
19Section 17
. 36.11 (22) (a) 1. a. of the statutes is renumbered 36.11 (22) (a) 1m.
SB486,18
20Section 18
. 36.11 (22) (a) 1. b. of the statutes is renumbered 36.11 (22) (a) 3.
21and amended to read:
SB486,8,2422
36.11
(22) (a) 3. Generally available national and state statistics, and campus
23statistics as compiled under par. (c)
2. and as reported under par.
(d) (e), on sexual
24assaults
and on sexual assaults by acquaintances of the victims.
SB486,19
1Section
19. 36.11 (22) (a) 1. c. of the statutes is renumbered 36.11 (22) (a) 4.
2and amended to read:
SB486,9,53
36.11
(22) (a) 4. The rights of victims under ch. 950 and the services available
4at the institution
or college campus and in the community to assist a student who is
5the victim of sexual assault or sexual harassment.
SB486,20
6Section 20
. 36.11 (22) (a) 1. d. of the statutes is renumbered 36.11 (22) (a) 5.
7and amended to read:
SB486,9,108
36.11
(22) (a) 5. Protective behaviors
, including methods of recognizing and
9avoiding sexual assault and sexual harassment and locations in the community
10where courses on protective behaviors are provided and risk factors.
SB486,21
11Section 21
. 36.11 (22) (a) 2. of the statutes is repealed.
SB486,22
12Section 22
. 36.11 (22) (a) 2m. of the statutes is created to read:
SB486,9,1413
36.11
(22) (a) 2m. University policies prohibiting sexual assault and sexual
14harassment.
SB486,23
15Section 23
. 36.11 (22) (b) of the statutes is repealed.
SB486,24
16Section 24
. 36.11 (22) (c) of the statutes is renumbered 36.11 (22) (c) 2. and
17amended to read:
SB486,9,2418
36.11
(22) (c) 2.
Any person employed at an institution who witnesses a sexual
19assault on campus or receives a report from a student enrolled in the institution that
20the student has been sexually assaulted A campus security authority of an
21institution shall report to the dean of students
or other appropriate official of the
22institution
any allegation reported to the campus security authority in his or her
23capacity as a campus security authority that a sexual assault occurred on campus,
24on public property, or on or in noncampus buildings or property. The dean of students
1or other appropriate official shall compile
the reports for the purpose
of
2disseminating statistical information under par.
(a) 1. b. (e).
SB486,25
3Section 25
. 36.11 (22) (c) 1. of the statutes is created to read:
SB486,10,44
36.11
(22) (c) 1. In this paragraph:
SB486,10,55a. Campus has the meaning given in
20 USC 1092 (f) (6) (A) (ii).