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2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2011 SENATE BILL 275
March 7, 2012 - Offered by Senator
Grothman.
SB275-SSA2,1,5
1An Act to repeal 38.08 (1g);
to renumber 38.10 (2) (g);
to renumber and
2amend 38.08 (1) (a) 1. and 38.10 (2) (c);
to amend 38.08 (2m), 38.10 (2) (a) 2.,
338.10 (2) (b), 38.10 (2) (f) and 38.10 (2) (fm); and
to create 38.08 (1) (a) 1g., 38.10
4(1) (d) and 38.10 (2) (g) 2. of the statutes;
relating to: the membership of
5Milwaukee area technical college district board.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB275-SSA2, s. 1
6Section
1. 38.08 (1) (a) 1. of the statutes is renumbered 38.08 (1) (a) 1. (intro.)
7and amended to read:
SB275-SSA2,1,108
38.08
(1) (a) 1. (intro.) A district board shall administer the district and
, except
9as provided in subd. 1g., shall be composed of 9 members who are residents of the
10district,
including 2 consisting of the following:
SB275-SSA2,1,11
11a. Two employers
, 2.
SB275-SSA2,2,1
1b. Two employees
, 3.
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2c. Three additional members
, a .
SB275-SSA2,2,3
3d. One school district administrator, as defined under s. 115.001 (8)
, and one.
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4e. One elected official who holds a state or local office, as defined in s. 5.02.
SB275-SSA2,2,8
51r. The board shall by rule define "employer" and "employee" for the purpose
6of
this subdivision subd. 1. a. and b. For purposes of subd. 1g. a., "employer" means
7a business entity, as defined in s. 13.62 (5), nonprofit organization that provides
8health care services, credit union, or cooperative association.
SB275-SSA2, s. 2
9Section
2. 38.08 (1) (a) 1g. of the statutes is created to read:
SB275-SSA2,2,1210
38.08
(1) (a) 1g. The district board governing the Milwaukee area technical
11college shall be composed of 9 members who are residents of the district, consisting
12of the following:
SB275-SSA2,2,1613
a. Five persons representing employers. Three of the members shall represent
14employers with 15 or more employees, 2 of the members shall represent employers
15with 100 or more employees, and at least 2 of the members shall represent employers
16who are manufacturing businesses.
SB275-SSA2,2,1717
b. One school district administrator, as defined in s. 115.001 (8).
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c. One elected official who holds a state or local office, as defined in s. 5.02.
SB275-SSA2,2,1919
d. Two additional members.
SB275-SSA2,2,2422
38.08
(2m) Any member of a district board serving as an elected official under
23sub. (1) (a) 1.
e. or 1g. c. shall cease to be a member upon vacating his or her office
24as an elected official.
SB275-SSA2,3,4
138.10
(1) (d) Notwithstanding pars. (a) to (c), the county executive of
2Milwaukee County and the chairpersons of the Milwaukee, Ozaukee, and
3Washington County boards of supervisors shall constitute the appointment
4committee for the district board governing the Milwaukee area technical college.
SB275-SSA2, s. 6
5Section
6. 38.10 (2) (a) 2. of the statutes is amended to read:
SB275-SSA2,3,146
38.10
(2) (a) 2. The chairperson of the appointment committee shall fix a date,
7to be no later than 60 days after receipt of notification of the vacancy or term
8expiration, or 60 days after a spring election if a vacancy occurs within 120 days
9preceding a spring election, and a time and place for a public hearing and meeting
10of the appointment committee to approve a representation plan
required under par.
11(c) 1. and to appoint district board members, and shall send written notice of the
12public hearing and meeting to each district board member, each governing body
13having a member on the appointment committee, each member of the appointment
14committee and the board.
SB275-SSA2,3,2016
38.10
(2) (b) The appointment committee member from the appropriate
17governmental unit specified under sub. (1) (a), (b) or (c) having the largest population
18in the district shall act as chairperson of the appointment committee.
The county
19executive of Milwaukee County shall act as the chairperson of the appointment
20committee for the district board governing the Milwaukee area technical college.
SB275-SSA2, s. 8
21Section
8. 38.10 (2) (c) of the statutes is renumbered 38.10 (2) (c) 1. and
22amended to read:
SB275-SSA2,4,623
38.10
(2) (c) 1. At the meeting and prior to the appointment of district board
24members, the appointment committee shall formulate a plan of representation for
25the membership of the district board. The plan shall give equal consideration to the
1general population distribution within the district and the distribution of women
2and minorities within the district. The plan of representation for the membership
3of the district board that governs a district encompassing a 1st class city shall also
4give equal consideration to the distribution of minorities within the 1st class city.
5The plan shall form the basis upon which membership of the district board is
6determined.
SB275-SSA2,4,9
72. The board shall review district board appointments to determine whether
8they comply with the provisions of the plan
of representation required under subd.
91. and the requirements of s. 38.08 (1) (a).
SB275-SSA2,4,1611
38.10
(2) (f) Selection of district board members and approval of a
12representation plan
required under par. (c) 1. by the appointment committee shall
13be by majority vote of a quorum under par. (g). If the appointment committee cannot
14reach agreement on the representation plan and district board membership within
1530 days after their first meeting, the board shall formulate the plan of representation
16and appoint the district board members in accordance with the plan.
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38.10
(2) (fm) If the board determines under par. (c)
2. that district board
19appointments do not comply with the plan of representation
required under par. (c)
201. or do not comply with s. 38.08 (1) (a), the board shall notify the appointment
21committee that the district board appointments are in noncompliance. Within 45
22days after receipt of the board's determination that the district board appointments
23are in noncompliance, the appointment committee shall make district board
24appointments that comply with the provisions of the plan of representation
required 25under par. (c)
1. and with s. 38.08 (1) (a). The board shall review any appointments
1made under this paragraph. If the board determines that the appointments made
2under this paragraph do not comply with a plan of representation
required under
3par. (c)
1. or do not comply with s. 38.08 (1) (a), the board shall formulate a plan of
4representation that conforms with par. (c)
1. and the board shall appoint the district
5board members in accordance with the plan of representation and with s. 38.08 (1)
6(a).
SB275-SSA2, s. 11
7Section
11. 38.10 (2) (g) of the statutes is renumbered 38.10 (2) (g) 1.
SB275-SSA2,5,109
38.10
(2) (g) 2. Three members shall constitute a quorum for the appointment
10committee for the district board governing the Milwaukee area technical college.
SB275-SSA2,5,1412
(1) In this section, "employer" means a business entity, as defined in section
1313.62 (5) of the statutes, nonprofit organization that provides health care services,
14credit union, or cooperative association.
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(2)
Notwithstanding section 38.08 (1) (b) of the statutes, the initial members
16of the district board governing the Milwaukee area technical college who are
17specified in section 38.08 (1) (a) 1g., as created by this act, shall be appointed as
18follows:
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(a)
Two of the members specified in section 38.08 (1) (a) 1g. a. of the statutes,
20as created by this act, and the member specified in section 38.08 (1) (a) 1g. b. of the
21statutes, as created by this act, shall have terms expiring on June 30, 2014. Of the
22members specified in section 38.08 (1) (a) 1g. a. of the statutes, as created by this act,
23who are appointed under this paragraph, one member shall represent employers
24with 15 or more employees and one member shall represent employers with 100 or
25more employees and one of those members shall represent employers who are
1manufacturing businesses. The members appointed under this paragraph shall
2replace the members of the district board appointed under section 38.08 (1) (a) 1.,
32009 stats., whose terms were scheduled to expire on June 30, 2012.
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(b) Two of the members specified in section 38.08 (1) (a) 1g. a. of the statutes,
5as created by this act, and one of the members specified in section 38.08 (1) (a) 1g.
6d. of the statutes, as created by this act, shall have terms expiring on June 30, 2015.
7Of the members specified in section 38.08 (1) (a) 1g. a. of the statutes, as created by
8this act, who are appointed under this paragraph, one member shall represent
9employers with 15 or more employees and one member shall represent employers
10with 100 or more employees and one of those members shall represent employers
11who are manufacturing businesses. The members appointed under this paragraph
12shall replace the members of the district board appointed under section 38.08 (1) (a)
131., 2009 stats., whose terms were scheduled to expire on June 30, 2013.
SB275-SSA2,6,2014
(c)
One of the members specified in section 38.08 (1) (a) 1g. a. of the statutes,
15as created by this act, the member specified in section 38.08 (1) (a) 1g. c. of the
16statues, as created by this act, and one of the members specified in section 38.08 (1)
17(a) 1g. d. of the statutes, as created by this act, shall have terms expiring on June 30,
182016. The members appointed under this paragraph shall replace the members of
19the district board appointed under section 38.08 (1) (a) 1., 2009 stats., whose terms
20were scheduled to expire on June 30, 2014.
