AB40: Bill Text

AB40,530,8 (b) The board may not make a grant under par. (a) to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB40,530,10 (7) Confer degrees. The board may confer such degrees and grant such diplomas as are usual in universities or as it deems appropriate.

AB40,530,13 (8) Parking rules. (a) The board may make general policies and shall authorize the chancellor to promulgate rules regulating the parking of motor vehicles on property under its jurisdiction.

AB40,530,18 (b) The board shall establish fines for the violation of any rule promulgated under par. (a). The university may 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 university and for enforcing parking rules under par. (a).

AB40,530,24 (8e) Parking fees. The board shall charge a parking fee for the parking of motor vehicles by students, employees, and visitors at campus. The board may require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this subsection requires the recovery of the costs of land for parking facilities. Nothing in this subsection requires that all users of the parking facilities be charged a parking fee.

AB40,531,9 (8m) Transportation planning. The board shall work with the regional planning commissions and the local authorities of the community in which the university is located to evaluate the transportation needs of the university population. The board shall develop a transportation plan for the university to effect energy resource conservation and efficient use of transportation resources. The plan shall include pedestrian walkways, bikeways, bike routes, bicycle storage racks, car and van pools, and, to the extent feasible, improved mass transit services. The transportation plans shall detail parking management strategies that provide incentives for the use of mass transit and high occupancy vehicles.

AB40,531,14 (9) Condemnation. The board may acquire by condemnation proceedings under ch. 32 such parcels of land as it deems necessary for the use of the university whenever the board is unable to agree with the owner upon the compensation therefor, or whenever the absence or legal incapacity of such owner, or other cause, prevents or unreasonably delays such agreement.

AB40,531,24 (11) Surplus money. The board may invest any surplus money in such securities as are legal for trust fund investments; or invest such funds or any part thereof, in the senior or junior bonds or obligations that may be issued by such nonprofit-sharing corporation as may be contracted with by the board for the construction or equipment of dormitories, commons, or field houses, which bonds or obligations shall be secured by a mortgage or pledge of the buildings or improvements erected or to be erected by such corporations and by a mortgage or pledge of its leasehold interest. Any interest on any of such bonds or securities shall when received be added to the revolving funds and may be used for the purposes set forth in this subsection.

AB40,532,14 (12) Library depository. (a) The board may participate in the formation and maintenance of a nonprofit-sharing corporation sponsored by participating colleges, universities, and libraries for the purpose of providing and operating a central library depository at a location in a midwestern state for the storage of little used books and other library and research materials of participating institutions, and which corporation may also perform other functions for the benefit of participating institutions such as, without limitation because of enumeration, the correlating of library catalogs of the participating institutions, the coordinating and planning of the purchasing by each institution of costly or infrequently used books and research materials in order to avoid unnecessary duplication, and facilitating the loaning of library books and other library and research materials between participating institutions. The board shall possess all powers necessary or convenient to accomplish the foregoing, including the authority to designate representatives or members of such corporation in accordance with its articles and bylaws.

AB40,532,19 (b) The board may make use of and pay for the use of the facilities and services of such nonprofit-sharing corporation, but the board shall retain title to all books and materials deposited with such corporation for storage or loaned to other participating institutions. The appropriations to the board are to be available for the purposes of this subsection to the extent that such appropriations may be applicable.

AB40,532,23 (13) Auxiliary reserves. Auxiliary enterprise reserve funds established prior to merger of this state's public institutions of higher education for the benefit or support of an institution or group of institutions shall not be utilized for any other purpose.

AB40,533,5 (15) Tax deferred annuities. The board may continue all salary reduction agreements with its employees pursuant to section 403 (b) of the Internal Revenue Code. The board may enter into new salary reduction agreements with its employees pursuant to section 403 (b) of the Internal Revenue Code or other applicable federal law and may purchase annuities for its employees pursuant to these agreements from such annuity providers, both public and private, as the board deems appropriate.

AB40,533,13 (15m) Football coaches pension plan. The board may deduct contributions from the salaries of football coaches employed in the university who are eligible and wish to participate in the qualified pension plan for football coaches established as the American football coaches retirement trust, and remit the deductions to the administrator of that plan, if the American football coaches retirement trust or the administrator or agent of the plan indemnifies the board and its employees against, and holds the board and its employees harmless from, all claims and demands associated with the plan.

AB40,533,17 (17) Sabbatical leave for instructional faculty. The board may grant sabbatical leave of up to one year to university faculty, in order to recognize and enhance teaching efforts and excellence, under rules and procedures adopted by the board, subject to the following conditions:

AB40,533,20 (a) Sabbatical leave may be granted only to those faculty members who have completed 6 or more years, or the equivalent, of full-time instructional service in the university.

AB40,533,24 (b) Only one sabbatical leave may be granted for each 6 years of full-time instructional service in the university with preference given to those who have been making significant contributions to teaching and have not had a leave of absence except under s. 103.10, regardless of source of funding, in the previous 4 years.

AB40,534,4 (c) Sabbatical leave shall be granted for the purposes of enhancing teaching, course and curriculum development, or conducting research or any other scholarly activities related to instructional programs within the field of expertise of the faculty member taking such leave.

AB40,534,6 (d) Sabbatical leave shall be approved by appropriate faculty and administrative committees.

AB40,534,9 (e) A faculty member shall receive compensation while on sabbatical leave, but such compensation, when combined with outside compensation earned while on leave, shall not exceed the full compensation normally received from the university.

AB40,534,12 (f) The faculty member taking a sabbatical leave shall agree to return to the university for at least one year after the termination of the sabbatical or return any compensation received from the university during the sabbatical.

AB40,534,21 (21) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by the university, that constitutes a violation of ch. 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a university environment that is free from controlled substances, as defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

AB40,534,23 (22) Orientation program; information on sexual assault and sexual harassment. (a) The board shall do all of the following:

AB40,535,2 1. Incorporate in the orientation program for newly entering students oral and written or electronic information on sexual assault and sexual harassment, as defined in s. 111.32 (13), including information on sexual assault by acquaintances of the victims and on all of the following:

AB40,535,5 a. The legal definitions of, and penalties for, sexual assault under ss. 940.225, 948.02, and 948.025, sexual exploitation by a therapist under s. 940.22, and harassment under s. 947.013.

AB40,535,8 b. Generally available national and state statistics, and university statistics as compiled under par. (c) and as reported under par. (d), on sexual assaults and on sexual assaults by acquaintances of the victims.

AB40,535,11 c. The rights of victims under ch. 950 and the services available at the university and in the community to assist a student who is the victim of sexual assault or sexual harassment.

AB40,535,14 d. Protective behaviors, including methods of recognizing and avoiding sexual assault and sexual harassment and locations in the community where courses on protective behaviors are provided.

AB40,535,16 2. Annually supply to all students enrolled in the university printed or electronic material that includes all of the information under subd. 1.

AB40,535,20 (b) Annually, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall indicate the methods the university has used to comply with par. (a).

AB40,535,25 (c) Any person employed at the university who witnesses a sexual assault on campus or receives a report from a student enrolled in the university that the student has been sexually assaulted shall report to the dean of students. The dean of students shall compile reports for the purpose of disseminating statistical information under par. (a) 1. b.

AB40,536,5 (d) Annually, the university shall report to the office of justice assistance in the department of administration statistics on sexual assaults and on sexual assaults by acquaintances of the victims that occurred on campus in the previous year. The office of justice assistance shall include the statistics in appropriate crime reports published by the office.

AB40,536,11 (26) Building program planning and approval. The board shall establish a process for submission of building projects to the building commission for approval. No building project for the university may be submitted by the board to the building commission unless the project is developed and approved by the board in conformity with this subsection. This subsection does not apply to building projects of the University of Wisconsin Hospitals and Clinics Authority.

AB40,536,15 (27) Condition on financial assistance. The board may not provide any state financial assistance under this chapter to any person during the period that the person is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473 if the person has not so registered.

AB40,536,25 (47) Armed forces. If a student who is a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from school after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces for at least 30 days, the board shall reenroll the student beginning in the semester in which he or she is discharged, demobilized, or deactivated from active duty or the next succeeding semester, whichever the student prefers, shall give the student the same priority in registering for courses that the student would have had if he or she had registered for courses at the beginning of the registration period, and, at the student's request, do one of the following for all courses from which the student had to withdraw:

AB40,537,2 (a) Reimburse the student all tuition and fees paid for all the courses and a prorated portion of room and board payments.

AB40,537,5 (b) Grant the student an incomplete in all the courses and permit the student to complete the courses, within 6 months after leaving state service or active service, without paying additional tuition or fees.

AB40,537,7 (50) Reserve officer training corps. The board may not prohibit the reserve officer training corps from operating on its campus.

AB40,537,9 (51) Automobile allowance. The board may not use general purpose revenue, tuition, or academic fees for the chancellors' automobile allowance.

AB40,537,14 37.12 Student discrimination prohibited. (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in any service, program, course, or facility of, the university because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status, or parental status.

AB40,537,17 (2) (a) The board shall establish policies and procedures to protect students from discrimination under sub. (1). The policies and procedures shall do all of the following:

AB40,537,18 1. Provide criteria for determining whether sub. (1) has been violated.

AB40,537,19 2. Provide remedies and sanctions for violations of sub. (1).

AB40,537,21 3. Require a complainant to file a complaint with the university within 300 days of the alleged violation of sub. (1).

AB40,537,24 4. Provide periods within which the complainant and the university must act for each procedural step leading to the issuance of a final decision and for appeal of the final decision to the chancellor.

AB40,538,2 (b) The board shall establish policies and procedures for the appeal of the chancellor's decision to the board.

AB40,538,4 37.13 Faculty tenure and probationary appointments. (1) Definitions. In this section:

AB40,538,7 (a) "Probationary appointment" means an appointment by the board held by a faculty member during the period that may precede a decision on a tenure appointment.

AB40,538,9 (b) "Tenure appointment" means an appointment for an unlimited period granted to a faculty member by the board.

AB40,538,14 (2) Appointments. (a) Except as provided under par. (b), the board may grant a tenure appointment only upon the affirmative recommendation of the chancellor and the appropriate academic department or its functional equivalent. Neither the chancellor nor the academic department or its functional equivalent may base a tenure recommendation upon impermissible factors, as defined by the board by rule.

AB40,538,17 (b) The board may grant a tenure appointment without the affirmative recommendation of the appropriate academic department or its functional equivalent if all of the following apply:

AB40,538,18 1. The board has the affirmative recommendation of the chancellor.

AB40,538,22 2. A faculty committee authorized by the board by rule to review the negative recommendation of the academic department or its functional equivalent finds that the decision of the academic department or its functional equivalent was based upon impermissible factors, as defined by the board by rule.

AB40,539,7 3. The board has the affirmative recommendation of a committee appointed according to the policies and procedures of the university to review the individual's record with reference to criteria for tenure published by the university under procedures established by the board by rule. No person may be appointed to the committee under this subdivision unless the person is knowledgeable or experienced in the individual's academic field or in a substantially similar academic field. No member of the committee appointed under this subdivision may be a member of the academic department, or its functional equivalent, that made the negative recommendation. The committee appointed under this subdivision may not base its tenure recommendation upon impermissible factors, as defined by the board by rule.

AB40,539,11 (c) A tenure appointment may be granted to any faculty member who holds or will hold a half-time appointment or more. The proportion of time provided for in the appointment may not be diminished nor increased without the mutual consent of the faculty member and the university subject only to sub. (5) and s. 37.21.

AB40,539,17 (d) A probationary appointment shall not exceed 7 consecutive academic years in a full-time position. A leave of absence, sabbatical or a teacher improvement assignment does not constitute a break in continuous service and shall not be included in the 7-year period. The board may adopt rules specifying additional circumstances that do not constitute a break in continuous service and that shall not be included in the 7-year period.

AB40,539,20 (3) Rules. The board and the faculty shall adopt rules for tenure and probationary appointments, for the review of faculty performance and for the nonretention and dismissal of faculty members.

AB40,540,2 (4) Continuation of appointment. (a) Any person who holds a tenure appointment under ch. 36, 1971 stats., and ch. 37, 1971 stats., and related rules on July 9, 1974, shall continue to hold tenure as defined under those chapters and related rules. Any person who holds a tenure appointment under sub. (2) (a) or (b) and related rules on the effective date of this paragraph .... [LRB inserts date], shall continue to hold tenure under that subsection and related rules.

AB40,540,6 (b) Any person who holds a probationary appointment under sub. (2) (d) and related rules on the effective date of this paragraph .... [LRB inserts date], shall continue to enjoy the contractual rights and guarantees as defined under that paragraph and related rules.

AB40,540,12 (5) Procedural guarantees. Any person having tenure may be dismissed only for just cause and only after due notice and hearing. Any person having a probationary appointment may be dismissed prior to the end of the person's contract term only for just cause and only after due notice and hearing. The action and decision of the board in such matters shall be final. The board and the faculty shall develop procedures for the notice and hearing that shall be adopted by rule.

AB40,540,14 37.14 Wisconsin distinguished professorships. (1) The board may establish distinguished professorships under this section.

AB40,540,18 (2) The board may pay under this section the salary and fringe benefit costs of the professor holding the distinguished professorship and of any graduate assistant assigned to the professor, and the equipment, supplies, and travel costs of the professor and the graduate assistants assigned to the professor.

AB40,540,23 37.15 Academic staff appointments. A person having an academic staff appointment for a term may be dismissed prior to the end of the appointment term only for just cause and only after due notice and hearing. A person having an academic staff appointment for an indefinite term who has attained permanent status may be dismissed only for just cause and only after due notice and hearing.

AB40,541,2 37.17 Executive appointments. An appointment to an executive position, as determined by the board, shall be at the pleasure of the board. A person holding a tenured or academic staff appointment under s. 37.13 or 37.15 does not lose that appointment by accepting an executive appointment.

AB40,541,6 37.19 Other appointments. (1) The board may make or authorize appointments for former classified service employees, student assistants, and employees in training, such as residents, interns, post-doctoral fellows, or trainees or associates.

AB40,541,10 (2) (a) Beginning July 1, 2012, all board employees in the classified service who have been achieved permanent status in class, and who became board employees before July 1, 2012, may be dismissed only for just cause and only after due notice and hearing.

AB40,541,16 (b) Except for appointments under par. (a), ss. 37.13, 37.15, and 37.17, and except for limited-term employees, project employees, student assistants, employees in training such as residents, interns, post-doctoral fellows, or trainees or associates, all appointments made on or after July 1, 2012, have the procedural guarantees included in the personnel system implemented by the board under s. 37.11 (1g).

AB40,541,23 37.21 Lapse of appointments. Notwithstanding ss. 37.13 (4) and (5), 37.15, and 37.19 (2), the board may, with appropriate notice, terminate any appointment when a financial emergency exists. No person may be employed at the university within 2 years to perform reasonably comparable duties to those of the person whose appointment was terminated without first offering such person a reappointment. The board, after consultation with the faculty and chancellor, shall adopt procedures to be followed in the event of termination under this section.

AB40,542,3 37.23 Conflict of interest. No member of the board, or other person appointed or employed in any position in the university, may at any time act as an agent for any person or organization if the act would create a conflict of interest with the terms of the person's service in the university. The board shall define conflicts of interest and adopt policies related thereto.

AB40,542,11 37.25 Special programs. (2) Wisconsin residents preference in housing. Preference as to rooming, boarding, and apartment facilities in the use of living units operated by the university shall, for the following school year, be given to students who are residents of this state and who apply before March 15, unless a later date is set by the board. Such preference shall be granted in accordance with categories of priority established by the board. Leases or other agreements for occupancy of such living units shall not exceed a term of one calendar year. The board may establish requirements for the execution of this subsection.

AB40,542,13 (3m) Solid waste experiment centers. (a) In this subsection, "solid waste disposal" has the meaning given in s. 289.01 (34).

AB40,542,21 (b) The board may establish one or more solid waste experiment centers for the purpose of developing, demonstrating, promoting, and assessing the costs and environmental effects of alternatives to solid waste disposal. The board shall determine the location of the solid waste experiment centers. In making the determination, the board shall consider the solid waste disposal needs of the various regions of the state. The board may establish, through cooperative agreements, solid waste experiment centers at existing publicly owned or privately owned storage, treatment, or disposal facilities.

AB40,543,7 (c) The board shall conduct research into alternatives to solid waste disposal, including the reuse and recycling of materials, composting, source separation, and the disposal of household hazardous wastes. The board shall also conduct research into the safe disposal of solid waste that cannot be composted or recycled. Research conducted under this paragraph shall include technologies suitable for application to waste streams of less than 50 tons of solid waste per day and shall consider the environmental effects of the technologies being researched and measures that could be taken to mitigate such effects. Research conducted under this paragraph shall be designed for the benefit of all public and private entities responsible for the collection, storage, transportation, treatment, or disposal of solid waste and all persons who generate solid waste.

AB40,543,13 (5) State educational radio and television networks. (a) Except as provided in par. (b), the board may grant the educational communications board the part-time use of equipment and space necessary for the operations of the state educational radio and television networks pursuant to the affiliation agreement between the educational communications board and the Board of Regents required under s. 36.25 (5).

AB40,543,17 (9) Clearing cutover lands. The board through the College of Agricultural and Life Sciences may cause an investigation to be made of methods of clearing cutover lands, perform experiments and demonstrations in conjunction therewith, and provide related services to individual citizens at cost.

AB40,544,2 (14) Graduate student financial aid. The board shall establish a grant program for minority and disadvantaged graduate students enrolled in the university. The grants shall be awarded from the appropriation under s. 20.280 (1) (a). The board shall give preference in awarding grants under this subsection to residents of this state. The board may not make a grant under this subsection to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB40,544,6 (14m) Minority and disadvantaged programs. (a) The board shall allocate funds under s. 20.280 (4) (a) to fund programs for recruiting minority and disadvantaged students and to fund programs for minority and disadvantaged students enrolled in the university.

AB40,544,8 (b) Annually by April 15, the board shall adopt a precollege, recruitment and retention plan for minority and disadvantaged students enrolled in the university.

AB40,544,11 (c) Annually by April 15, the board shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall include all of the following:

AB40,544,12 1. The plan adopted under par. (b).

AB40,544,16 2. All financial aid distributed to students, categorized by ethnic group, class level, and dependency status. The report shall include information on financial need, percentage of need satisfied by loan, percentage of need satisfied by grant, and the percentage remaining unsatisfied.

AB40,544,18 (15) Military instruction. The board may provide courses in military science and tactics.

AB40,544,20 (27) Integrated agriculture program. The board shall establish an integrated agriculture program.

AB40,544,24 (28) Schools of business. The board shall use the funds appropriated under s. 20.280 (1) (a) to support improvements in master's level business programs. The board may spend funds in that appropriation for this purpose only if it receives matching funds for the same purpose from private contributions.

AB40,545,2 (46) Meningococcal disease and hepatitis B. (a) The board shall do all of the following:

AB40,545,6 1. Annually, provide detailed information on the risks associated with meningococcal disease and hepatitis B and the availability and effectiveness of vaccines against the diseases to each enrolled student, if he or she is at least 18 years old, or to the student's parent or guardian, if the student is a minor.

AB40,545,9 2. Require a student who resides in a dormitory or residence hall, or the student's parent or guardian if the student is a minor, to affirm that the student received the information under subd. 1.

AB40,545,12 3. Require a student who resides in a dormitory or residence hall to affirm whether he or she has received the vaccination against meningococcal disease and to provide the date of the vaccination, if any.