AB40: Bill Text

AB40,553,15 (bg) Before the board grants a remission of academic fees and segregated fees under par. (b), the board shall require the resident student to apply to the payment of those fees all educational assistance to which the resident student is entitled under 38 USC 3319. This requirement applies notwithstanding the fact that the resident student may be entitled to educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 as well as under 38 USC 3319, unless the resident student has 12 months or less of eligibility remaining for educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566.

AB40,554,2 (bm) 1. For a resident student who is entitled to educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 and under 38 USC 3319, if the amount of educational assistance, not including educational assistance for tuition, to which the resident student is entitled under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 is greater than the amount of educational assistance, not including educational assistance for tuition, that the resident student received under 38 USC 3319, as determined by the higher educational aids board, in the academic year the higher educational aids board shall reimburse the resident student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the board.

AB40,554,7 2. If in any fiscal year there are insufficient moneys available in the appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under subd. 1. to all resident students who are eligible for that reimbursement, the higher educational aids board and the board shall reimburse those resident students as provided in s. 39.50 (4).

AB40,554,10 (c) The higher educational aids board shall reimburse the board for all academic fees and segregated fees remitted under par. (b) as provided in s. 39.50 (1) and (3m).

AB40,554,15 (3p) Fee remission for veterans. (a) In this subsection, "veteran" means a person who is verified by the department of veterans affairs as being a resident of this state for purposes of receiving benefits under ch. 45, as being a resident at the time of his or her entry into the U.S. armed forces or forces incorporated in the U.S. armed forces, and as meeting any of the following conditions:

AB40,554,19 1. The person has served on active duty for at least one qualifying term of service under subds. 2. to 4. under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces during a war period or in a crisis zone.

AB40,554,23 2. The person has served on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces under honorable conditions, for 2 continuous years or more or for the full period of his or her initial service obligation, whichever is less.

AB40,555,2 3. The person has served on active duty for 90 days or more under honorable conditions in the U.S. armed forces or in forces incorporated in the U.S. armed forces during a war period or for any period of service under section 1 of executive order 10957 dated August 10, 1961.

AB40,555,8 4. The term of service in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces under honorable conditions entitled the person to receive the Armed Forces Expeditionary Medal, established by executive order 10977 on December 4, 1961, the Vietnam Service Medal established by executive order 11231 on July 8, 1965, the Navy Expeditionary Medal, the Marine Corps Expeditionary Medal, or an equivalent expeditionary or service medal.

AB40,555,12 5. The person was honorably discharged from the U.S. armed forces or from forces incorporated in the U.S. armed forces for a service-connected disability, for a disability subsequently adjudicated to have been service connected, or for reasons of hardship.

AB40,555,15 6. The person was released under honorable conditions from the U.S. armed forces or from forces incorporated in the U.S. armed forces due to a reduction in the U.S. armed forces.

AB40,555,21 (b) Except as provided in par. (bg), the board shall grant full remission of nonresident tuition, academic fees, and segregated fees charged for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees under ss. 36.27 (3p) (b) and 38.24 (8), but not less the amount of any academic fees or segregated fees paid under 10 USC 2107 (c), 38 USC 3104 (a) (7) (A), or 38 USC 3313, to any student who is a veteran.

AB40,556,5 (bg) Before the board grants a remission of nonresident tuition, academic fees, and segregated fees under par. (b), the board shall require the student to apply to the payment of that tuition and those fees all educational assistance to which the student is entitled under 38 USC 3313. This requirement applies notwithstanding the fact that the student may be entitled to educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036 as well as under 38 USC 3313, unless the student has 12 months or less of eligibility remaining for educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036.

AB40,556,17 (bm) 1. For a student who is entitled to educational assistance under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036 and under 38 USC 3313, if the amount of educational assistance, not including educational assistance for tuition, to which the student is entitled under 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036 is greater than the amount of educational assistance, not including educational assistance for tuition, that the student received under 38 USC 3313, as determined by the higher educational aids board, in the academic year the higher educational aids board shall reimburse the student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the board.

AB40,556,22 2. If in any fiscal year there are insufficient moneys available in the appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under subd. 1. to all students who are eligible for that reimbursement, the higher educational aids board and the board shall reimburse those students as provided in s. 39.50 (4).

AB40,556,25 (c) The higher educational aids board shall reimburse the board for all nonresident tuition, academic fees, and segregated fees remitted under par. (b) as provided in s. 39.50 (1) and (3m).

AB40,557,4 (3r) Fee remissions for funeral assistants. The board shall grant a $25 remission of nonresident tuition or academic fees to any student enrolled in the university as an undergraduate for each valid voucher issued to the student under s. 45.60 (3).

AB40,557,7 (4) Applicability. Subsections (1) (b) and (2) to (3r) do not apply beginning on the date on which the board adopts a resolution to that effect or on July 1, 2013, whichever occurs sooner.

AB40,557,22 37.29 Gifts. (1) All gifts, grants, and bequests for the benefit or advantage of the university or any of its departments or facilities or to provide any means of instruction, illustration, or knowledge in connection therewith, whether made to trustees or otherwise, shall be valid notwithstanding any other provision of this chapter except as otherwise provided in this subsection and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions provided by law in other cases. No investment of the funds of such gifts, grants, or bequests shall knowingly be made in any company, corporation, subsidiary, or affiliate that practices or condones through its actions discrimination on the basis of race, religion, color, creed, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status, or parental status. This subsection does not apply to a gift, grant, or bequest that the board declines to accept or that the board is not authorized to accept under this section.

AB40,558,11 (2) All gifts, grants, or bequests under sub. (1) may be made to the board, the chancellor, or any officer, or to any person as trustee, or may be charged upon any personal representative, trustee, heir, devisee, or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the university or any of its schools, colleges, departments, or facilities to provide any means of instruction, illustration, or knowledge in connection therewith, or for the benefit of any students or any class or group of students whether by way of scholarship, fellowship, or otherwise, or whether for the benefit of students or any class or group of students in any course, subcourse, special course, postgraduate course, summer school or teachers course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium or any other like division or department of study, experiment, research, observation, travel, or mental or physical improvement in any manner connected with the university, or to provide for the voluntary retirement of any of the faculty.

AB40,558,17 (3) It shall not be necessary for a gift, grant, devise, or bequest to exactly or particularly describe the members of a class or group of students intended to be the beneficiaries, but it shall be sufficient to describe the class or group. In such case, the board shall divide, graduate, or otherwise categorize the students into such classes or groups as are necessary to select and determine those students belonging to the class or group intended.

AB40,558,20 (4) Any grant, contract, gift, endowment, trust, or segregated funds bequeathed or assigned to the university or its component parts for any purpose whatsoever shall not be commingled or reassigned.

AB40,558,24 (5) Notwithstanding sub. (4), the board may transfer any grant, contract, gift, endowment, or trust or segregated funds bequeathed or assigned to the university to the University of Wisconsin Foundation, Inc., if the transfer is consistent with its terms.

AB40,559,3 37.30 Sick leave. Leave of absence with pay for university employees, owing to sickness, shall be regulated by board policy, except that unused sick leave shall accumulate from year to year.

AB40,559,11 37.32 Student identification numbers. The university may assign to each enrolled student a unique identification number. The university shall not assign to any student an identification number that is identical to or incorporates the student's social security number. This section does not prohibit the university from requiring a student to disclose his or her social security number, nor from using a student's social security number if such use is required by a federal or state agency or private organization in order for the university or the student to participate in a particular program.

AB40,559,21 37.335 Sale of other land; buildings and structures. If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any real property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds.

AB40,559,23 37.34 Minority student programs. (1) In this subsection, "minority undergraduate" means an undergraduate student who is any of the following:

AB40,559,24 (a) A Black American.

AB40,559,25 (b) An American Indian.

AB40,560,1 (c) A Hispanic, as defined in s. 490.04 (1) (d).

AB40,560,4 (d) A person who is admitted to the United States after December 31, 1975, and who either is a former citizen of Laos, Vietnam, or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam, or Cambodia.

AB40,560,11 (2) The board shall establish a grant program for minority undergraduates enrolled in the university. The board shall designate all grants under this subsection as Lawton grants. 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).

AB40,560,15 37.35 Misconduct; campus security. (1) Power to suspend and expel. The board may delegate the power to suspend or expel students for misconduct or other cause prescribed by the board. The board shall adopt policies governing student conduct and procedures for the administration of violations.

AB40,560,22 (2) Authority to restrict presence of persons on campus. The chancellor or the university's chief security officer during a period of immediate danger or disruption may designate periods of time during which the campus and designated buildings and facilities connected therewith are off limits to all persons who are not faculty, staff, employees, students, or other personnel authorized by the above named officials. Any person violating such an order shall be subject to the penalties provided by law for criminal trespass.

AB40,561,5 (3) Requiring permission for presence on campus. Any person who is convicted of any crime involving danger to property or persons as a result of conduct by that person that obstructs or seriously impairs activities run or authorized by the university and who, as a result of such conduct, is in a state of suspension or expulsion from the university, and who enters university property without permission of the chancellor or the chancellor's designee within 2 years, may for each such offense be fined not more than $500 or imprisoned for not more than 6 months or both.

AB40,561,8 37.40 Use of animals for research purposes. The board shall adopt criteria for researchers to follow regarding humane treatment of animals for scientific research purposes.

AB40,561,12 37.43 Accommodation of religious beliefs. The board shall adopt rules providing for the reasonable accommodation of a student's sincerely held religious beliefs with regard to all examinations and other academic requirements. The rules shall include all of the following:

AB40,561,14 (1) Written and timely notification of all students and instructors of the rules and complaint process.

AB40,561,16 (2) A means by which a student can conveniently and confidentially notify an instructor of potential conflicts.

AB40,561,19 (3) A means by which a student is permitted to make up an examination or academic requirement at another time or by an alternative means without any prejudicial effect.

AB40,561,20 (4) A procedure for handling and resolving complaints.

AB40,561,24 37.44 License plate scholarship program. (1) The board shall establish a scholarship program funded by the fees collected under s. 341.14 (6r) (b) 4. for the university. The scholarships shall be awarded by the chancellor according to criteria developed by the chancellor.

AB40,562,6 37.48 Alcohol and other drug abuse prevention and intervention programs. The board shall appoint alcohol and other drug abuse prevention and intervention program counselors for the university. The counselors shall develop alcohol and other drug abuse prevention and intervention programs and train faculty, academic staff, and classified staff in the prevention of and early intervention in alcohol and other drug abuse.

AB40,562,9 37.51 Nutritional improvement for elderly. (1) In this section, "authorized elderly person" means any resident of this state who is 60 years of age or older, and the spouse of any such person.

AB40,562,13 (2) The board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If the board establishes such a service, it shall develop a plan and annually notify the department of public instruction of the plan.

AB40,562,17 (3) The plan shall provide at least one meal per day for each day that school is in regular session. The board may provide additional service at other times in its discretion, if the number of eligible persons in the area is of sufficient size, in the opinion of the board, so that unwarranted production expense is not incurred.

AB40,562,22 (4) If the board operates a food services plan for elderly persons under this section, it shall make facilities available for service to elderly persons at every facility that provides hot food service to its students unless there is reason not to do so due to concerns regarding safety, convenience, or insufficient interest in a given neighborhood.

AB40,563,3 (5) Meals may be served at schools where they are served to students or at any site more convenient to the majority of authorized elderly persons interested in the service. Food may be transported to authorized elderly persons who are unable to leave their homes or distributed to nonprofit organizations for such purposes. However, no state funds under this section may be used for food delivery to individual homes.

AB40,563,10 (6) The board may file a claim with the department of public instruction for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15 percent of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of public instruction approves the claim, it shall certify that payment is due and the secretary of administration shall pay the claim from the appropriation under s. 20.255 (2) (cn).

AB40,563,17 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, the board is not required to provide special foods for individual persons with allergies or medical disorders.

AB40,563,22 (8) Participants in a program under this section may be required to document their Wisconsin residency in a manner approved by the board. The board may issue identification cards to such persons if necessary. The board may admit nonresidents who would otherwise qualify into its program, but no state funds under this section may be used to subsidize any portion of the meals served to such persons.

AB40,563,24 (9) The board shall adopt reasonable policies necessary to implement this section.

AB40,564,3 37.53 Tuition gift certificates. The board may establish a gift certificate program for the payment of nonresident tuition and academic fees. The program shall include all of the following components:

AB40,564,6 (1) The individual named in a gift certificate may use the gift certificate to pay all or a portion of his or her nonresident tuition or academic fees, or for a study-abroad program, at the university.

AB40,564,8 (2) A gift certificate is not transferable, except to a parent, child, spouse, or sibling of the named individual in sub. (1).

AB40,564,9 (3) A gift certificate does not expire.

AB40,564,10 37.60 Physician loan assistance program. (1) Definitions. In this section:

AB40,564,11 (ac) "Clinic hours" means hours spent working with patients in a clinic.

AB40,564,12 (d) "Rural area" has the meaning given in s. 37.63 (1) (c).

AB40,564,16 (2) Eligibility. (a) 1. Except as provided in subd. 2., the board may repay, on behalf of a physician, up to $50,000 in educational loans obtained by the physician from a public or private lending institution for education in an accredited school of medicine or for postgraduate medical training.

AB40,564,20 (b) A physician who is a participant in the national health service corps scholarship program under 42 USC 254n, or a physician who was a participant in that program and who failed to carry out his or her obligations under that program, is not eligible for loan repayment under this section.

AB40,564,24 (3) Agreement. (b) The agreement shall specify that the responsibility of the board to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,565,2 (4) Loan repayment. Except as provided in sub. (4m), principal and interest due on loans, exclusive of any penalties, may be repaid by the board at the following rate:

AB40,565,4 (a) Up to 40 percent of the principal of the loan or $20,000, whichever is less, during the first year of participation in the program under this section.

AB40,565,7 (b) Up to an additional 40 percent of the principal of the loan or $20,000, whichever is less, during the 2nd year of participation in the program under this section.

AB40,565,10 (c) Up to an additional 20 percent of the principal of the loan or $10,000, whichever is less, during the 3rd year of participation in the program under this section.

AB40,565,14 (5) Availability of funds; right of action against state. (a) The obligation of the board to make payments under an agreement entered into under sub. (3) (b) is subject to the availability of funds in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b).

AB40,565,20 (b) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.280 (1) (ks) and (qj) or collected as contributions under sub. (6) or as penalties under sub. (6m) (b), the board shall establish priorities among the eligible applicants based upon the following considerations:

AB40,565,23 1. The degree to which there is an extremely high need for medical care in the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice.

AB40,566,3 2. The likelihood that a physician will remain in the eligible practice area, health professional shortage area, or rural area in which he or she desires to practice after the loan repayment period.

AB40,566,5 3. The per capita income of the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice.

AB40,566,9 4. The financial or other support for physician recruitment and retention provided by individuals, organizations, or local governments in the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice.

AB40,566,13 5. The geographic distribution of the physicians who have entered into loan repayment agreements under this section and the geographic distribution of the eligible practice areas, health professional shortage areas, and rural areas in which the eligible applicants desire to practice.

AB40,566,14 6. Other considerations that the board may specify.

AB40,566,17 (d) An agreement under sub. (3) does not create a right of action against the state, university, or other instrumentalities of the state on the part of the physician or lending institution for failure to make the payments specified in the agreement.

AB40,566,19 (6) Local participation. The board shall encourage contributions to the program under this section by counties, cities, villages, and towns.

AB40,566,22 (6m) Penalties. (a) The board shall establish requirements for penalties to be assessed by the board against physicians who breach agreements entered into under sub. (3). The requirements shall do all of the following:

AB40,566,23 1. Specify what actions constitute a breach of the agreement.

AB40,566,24 2. Provide specific penalty amounts for specific breaches.

AB40,567,2 3. Provide exceptions for certain actions, including breaches resulting from death or disability.

AB40,567,4 (b) The board shall use any penalties assessed and collected under this subsection for the program under this section.

AB40,567,5 (8) Administration. The board shall do all of the following:

AB40,567,7 (b) Identify eligible practice areas and rural areas with an extremely high need for medical care.

AB40,567,9 (d) Publicize the program under this section to physicians and eligible communities.

AB40,567,11 (e) Assist physicians who are interested in applying for the program under this section.