The Wisconsin Technical College System Board proposes an order to amend TCS 2, relating to district board member appointments. Pursuant to s. 227.16 (2) (b), Stats., a public hearing is not required as the proposed amendment brings the existing rule into conformity with district board membership provisions established in 2011 Wisconsin Act 286.

The scope statement for this rule, SS 039-12, was approved by the governor on June 8, 2012, published in Register No. 678 on June 30, 2012, and approved by the Wisconsin Technical College System Board on July 25, 2012.

Wis. Stats. section 38.08 (1) (a).

Wis. Stats. section 38.04 (15).

Wis. Stats. s. 38.04 (15) assigns responsibility for review of district board appointments to the Wisconsin Technical College System stating that “the board shall, by rule, establish criteria and procedures for the review of district board member appointments."

TCS 2.

2011 Wisconsin Act 286 created new district board and appointment committee membership requirements for the Milwaukee Area Technical College (MATC) District. The proposed amendments to TCS 2 will align administrative rule provisions to MATC's district board membership with the member representation established by the Legislature and the Governor in 2011 Wisconsin Act 286.

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Morna Foy, Vice President, Wisconsin Technical College System, 4622 University Avenue, P.O. Box 7874, Madison, Wisconsin 53707-7874, telephone (608) 266-2449, e-mail morna.foy@wtcsystem.edu.

A public hearing and notice are not required under s. 227.16 (2) (b), Stats., however, written comments may be submitted by 4:00 pm on September 15, 2012 to Morna Foy at the Wisconsin Technical College System, 4622 University Avenue, PO Box 7874, in Madison, WI 53707-7874 or by email to morna.foy@wtcsystem.edu with a subject line of TCS 2.

This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

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Attached.

SECTION 1. TCS 2.02 (1), (3), and (5) are amended to read:

TCS 2.02 Definitions. (1) “Appointment committee" means the appointment committee constituted under s. 38.10 (1) (a), (b), or (c), or (d), Stats.

(3) With the exception of the district board governing the Milwaukee area technical college, “Business “business and industry" includes every trade, occupation and profession.

(5) Except as provided in (5m) “Employer" “employer" means any person who receives earnings as payment for personal services and possesses the power to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or adjust employee grievances, or effectively recommend such action, if in connection with the exercise of such power the person exercises independent judgment in relation to the power. Employer does not include a person acting in the capacity of officer or agent of a labor organization.

SECTION 2. TCS 2.02 (5m) is created to read:

(5m) For the district board governing the Milwaukee area technical college, “employer" means a business entity, as defined in s. 13.62 (5), Wis. Stats., a nonprofit organization that provides health care services, credit union, or cooperative association.

SECTION 3. TCS 2.04 (3) (a) 4. and 6. are amended to read:

TCS 2.04 (3) (a) 4. Except as provided under subd. 4m., Position position sought as an employer, employee, additional, elected official or school district administrator member.

6. Sex Gender and status as a member of a minority as defined under s. TCS 2.02 (5) (9).

SECTION 4. TCS 2.04 (3) (a) 4m. is created to read:

For the district board governing the Milwaukee area technical college, position sought as a school district administrator, elected official, additional member, or member representing an employer. A person seeking appointment as an additional member shall indicate whether he or she is a school district administrator, elected official, or member representing an employer. Candidates seeking appointment as a member representing an employer must identify if the employer has 15 or more employees or 100 or more employees, and whether it is a manufacturing business.

SECTION 5. TCS 2.04 (4) (c) and (d) are amended to read:

(4) (c) Except as provided in (e), Reasonably reasonably represent the various businesses and industries in the district as required for employer and employee members of the district board.

(d) Except as provided in (e), Result result in a district board consisting of 9 members, including 2 employer members, 2 employee members, 3 additional members, a school district administrator as defined under s. 115.001 (8), Stats., and employed by a school board of a school district located in the district, and one elected official who holds a state or local office as defined in s. 5.02, Stats., except for the office of party committeeman or party committeewoman.

SECTION 6. TCS 2.04 (4) (e) is created to read:

(e) For the Milwaukee area technical college district, result in a district board consisting of 9 members who are residents of the district, 7 of whom are residents of Milwaukee County, consisting of one school district administrator as defined under s. 115.001 (8), Stats., one elected official who holds a state or local office, as defined in s. 5.02, Stats., 2 additional members, and 5 persons representing employers as defined in TCS 2.02 (5) (b). Three of the members shall represent employers with 15 or more employees, 2 of the members shall represent employers with 100 or more employees, and at least 2 of the members shall represent employers who are manufacturing businesses.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
TCS 2, District Board Member Appointments
Subject
District Board Member Appointments
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
GPR FED PRO PRS SEG SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect (for WTCS Board) Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Costs (for technical college districts)
The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? Yes X No
Policy Problem Addressed by the Rule
Alignment of statutory and administrative rule provisions regarding the appointment of district board members.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
None.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Alignment of statutory and administrative rule provisions regarding the appointment of district board members. Alternative would be to rely on statutory provisions.
Long Range Implications of Implementing the Rule
Alignment of statutory and administrative rule provisions regarding the appointment of district board members.
Compare With Approaches Being Used by Federal Government
Not applicable.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Not applicable.
Name and Phone Number of Contact Person
Morna Foy, (608) 266-2449