Wisconsin Legislature: 55,1173

55,1142m Section 1142m. 36.09 (5) of the statutes is amended to read:

36.09 (5) Students. The students of each institution or campus subject to the responsibilities and powers of the board, the president, the chancellor, and the faculty shall be active participants in the immediate governance of and policy development for such institutions. As such, students shall have primary responsibility for advising the chancellor regarding the formulation and review of policies concerning student life, services, and interests. Students in consultation with the chancellor and subject to the final confirmation of the board shall have the responsibility for recommending the disposition of those student fees which constitute substantial support for campus student activities , subject to the approval of the chancellor and the final confirmation of the board . The students of each institution or campus shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance.

55,1146m Section 1146m. 36.11 (1) (b) of the statutes is amended to read:

36.11 (1) (b) Except as provided in this paragraph and ss. 13.48 (14) (am) and 16.848 (1), the board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law. Any lease by the board is subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under s. 233.03 (13) and the rights of the authority under any lease agreement, as defined in s. 233.01 (6). The board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under s. 13.48 (12). Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), the board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state. All purchases of real property shall be subject to the approval of the building commission. The provision of all leases of real property to be occupied by the board for use other than for student housing shall be the responsibility of the board. The provision of all leases of real property to be occupied by the board for use as student housing shall be the responsibility of the department of administration under s. 16.84 (5), except for leases in effect on the effective date of this paragraph .... [LRB inserts date], regardless of any subsequent extension, modification, or renewal, which shall be the responsibility of the board.

55,1153m Section 1153m. 36.11 (3) (d) of the statutes is repealed and recreated to read:

36.11 (3) (d) Each institution that has any of the following applicants shall charge a uniform application fee to that group of applicants:

1. Undergraduate applicants.

2. Graduate school applicants.

3. Law school applicants.

4. Medical school applicants.

55,1155 Section 1155. 36.11 (5) (a) of the statutes is amended to read:

36.11 (5) (a) The board may procure liability insurance covering the members of the board, any officer, employee, or agent, or such students whose activities may constitute an obligation or responsibility of the system.

55,1156 Section 1156. 36.11 (5) (b) of the statutes is amended to read:

36.11 (5) (b) The board may procure insurance to cover injuries sustained by students as a result of their participation in intercollegiate athletics. The board may not use general purpose revenue to pay for such insurance. With respect to any of the risks to be covered by the insurance, the board may contract for the services of a claims administrator and may obtain coverage by any combination of self-insurance, excess or stop-loss insurance or blanket insurance.

55,1160m Section 1160m. 36.11 (8e) of the statutes is amended to read:

36.11 (8e) Parking fees. The board shall direct each institution within the system to charge a parking fee for the parking of motor vehicles by students, faculty, academic and classified university staff, and visitors at campus. The board shall require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require the recovery of the costs of land for parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee. College campus facilities owned by a county are not required to charge a parking fee.

55,1161 Section 1161. 36.11 (8m) of the statutes is repealed.

55,1162g Section 1162g. 36.11 (11) of the statutes is repealed.

55,1162r Section 1162r. 36.11 (11m) of the statutes is created to read:

36.11 (11m) Investment of certain moneys. (a) The board may invest revenues from its auxiliary enterprises, gifts, grants, donations, and segregated fees collected for building projects by doing any of the following:

1. Directly employing a financial manager to oversee the investment of these funds.

2. Contracting with the investment board to manage the investment of these funds.

3. Selecting a private investment firm using the competitive sealed proposal process described in s. 16.75 (2m).

(b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues from its auxiliary enterprises, gifts, grants, donations, and segregated fees collected for building projects in the state investment fund if the board invests these moneys as provided in par. (a).

55,1163 Section 1163. 36.11 (12) of the statutes is repealed.

55,1164 Section 1164. 36.11 (13) of the statutes is repealed.

55,1166 Section 1166. 36.11 (15m) of the statutes is repealed.

55,1168 Section 1168. 36.11 (18) of the statutes is repealed.

55,1172 Section 1172. 36.11 (23) of the statutes is repealed.

55,1173 Section 1173. 36.11 (23m) of the statutes is repealed.

55,1174 Section 1174. 36.11 (24) of the statutes is repealed.

55,1175 Section 1175. 36.11 (25) of the statutes is repealed.

55,1176 Section 1176. 36.11 (26) of the statutes is repealed.

55,1176m Section 1176m. 36.11 (26m) of the statutes is created to read:

36.11 (26m) Energy conservation projects. (a) In this subsection:

1. "Eligible energy conservation project" means a project that satisfies all of the following criteria:

a. The estimated costs associated with the project are offset by the estimated savings to the system after completion of the project.

b. All estimated savings from the project are guaranteed by the qualified provider under par. (c) through a performance contract.

c. The period in which estimated savings are projected to be realized from the project does not exceed 10 years.

2. "Master lease" has the meaning given in s. 16.76 (4) (a).

3. "Qualified provider" has the meaning given in s. 66.0133 (1) (d).

(b) The president may annually identify and approve eligible energy conservation projects for the system. Eligible energy conservation projects approved by the president may be financed under a master lease entered into as provided in s. 16.76 (4), with the amount to be determined by the secretary of administration in consultation with the president.

(c) 1. With respect to any master lease for an eligible energy conservation project under par. (b), the president shall select the qualified provider for the project and shall supervise the implementation of the project.

2. For purposes of par. (a) 1., estimated savings for each energy conservation project shall be measured and verified in a manner established by the president.

(d) This subsection applies in addition to, not in lieu of, any other statute or program authorizing the system to undertake or finance energy conservation projects, including s. 16.847.

55,1181m Section 1181m. 36.11 (29) of the statutes is amended to read:

36.11 (29) Other agreements with the University of Wisconsin Hospitals and Clinics Authority. The board may enter into joint purchasing contracts and other contracts, rental agreements and cooperative agreements and other necessary arrangements with the University of Wisconsin Hospitals and Clinics Authority which may be necessary and convenient for the missions, objects and uses of the University of Wisconsin Hospitals and Clinics Authority authorized by law. Purchasing contracts and agreements are subject to s. 16.73 (5).

55,1185 Section 1185. 36.11 (31) of the statutes is repealed.

55,1186 Section 1186. 36.11 (32) of the statutes is repealed.

55,1187 Section 1187. 36.11 (33) of the statutes is repealed.

55,1189 Section 1189. 36.11 (36m) of the statutes is repealed.

55,1190 Section 1190. 36.11 (37) of the statutes is repealed.

55,1191 Section 1191. 36.11 (39) of the statutes is repealed.

55,1194 Section 1194. 36.11 (44) of the statutes is repealed.

55,1195 Section 1195. 36.11 (46) of the statutes is repealed.

55,1199 Section 1199. 36.11 (53) of the statutes is repealed.

55,1204m Section 1204m. 36.11 (56m) of the statutes is created to read:

36.11 (56m) Procurement. (a) The board shall purchase all materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services for the University of Wisconsin System.

(b) The board shall develop policies related to procurement.

55,1205 Section 1205. 36.11 (57) of the statutes is repealed.

55,1207g Section 1207g. 36.115 (3m) (h) of the statutes is created to read:

36.115 (3m) (h) The special assistant to the president appointed under s. 36.09 (2) (c).

55,1207m Section 1207m. 36.115 (7) of the statutes is created to read:

36.115 (7) The board shall establish and maintain consistent employment relations policies and practices for all system employees except system employees assigned to the University of Wisconsin-Madison. The chancellor shall establish and maintain consistent employment relations policies and practices for all system employees assigned to the University of Wisconsin-Madison.

55,1208 Section 1208. 36.12 (3) of the statutes is repealed.

55,1209 Section 1209. 36.13 of the statutes is repealed.

55,1210m Section 1210m. 36.15 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

36.15 (2) Appointments. Appointments under this section shall be made by the board, or by an appropriate official authorized by the board, under policies and procedures established by the board. Beginning on July 1, 2015, the board may not make a probationary or indefinite academic staff appointment. Any academic staff holding a probationary appointment on June 30, 2015, shall hold a fixed term appointment effective July 1, 2015. The policies for indefinite appointments made before July 1, 2015, shall provide for a probationary period, permanent status and such other conditions of appointment as the board establishes.

55,1211 Section 1211. 36.15 (2m) of the statutes is repealed.

55,1212g Section 1212g. 36.17 (1) of the statutes is amended to read:

36.17 (1) An appointment to a position listed in sub. (2) shall be a limited appointment and the appointment shall be at the pleasure of the board. A faculty member who has been granted tenure or a person holding a tenured or an academic staff appointment under ss. 36.13 and s. 36.15 shall not lose that appointment by accepting a limited appointment.

55,1212r Section 1212r. 36.19 of the statutes is amended to read:

36.19 Other appointments. The board may make or authorize fixed term appointments for student assistants and employees in training, such as residents, interns, post-doctoral fellows or trainees or associates. Appointments made under this section shall not be subject to ss. 36.13 and s. 36.15.

55,1214g Section 1214g. 36.21 of the statutes is amended to read:

36.21 Lapse of appointments Termination due to certain budget or program changes. Notwithstanding ss. 36.13 (4) and s. 36.15, the board may, with appropriate notice, terminate any faculty or academic staff appointment when a financial emergency exists such an action is deemed necessary due to a budget or program decision requiring program discontinuance, curtailment, modification, or redirection. No person may be employed at the institution 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 of each institution, shall adopt procedures to be followed in the event of termination of academic staff under this section and the board may adopt procedures, consistent with s. 36.22, to be followed in the event of termination of faculty under this section and s. 36.22.

55,1214r Section 1214r. 36.22 of the statutes is created to read:

36.22 Layoff or termination of faculty member due to certain budget or program changes. (1) Definitions. In this section:

(a) "Layoff" means an indefinite suspension or involuntary reduction in services and compensation of a faculty member's employment by the system.

(b) "Program change" means program discontinuance, curtailment, modification, or redirection.

(2) Layoff or termination due to certain circumstances. (a) The board may, under this section and s. 36.21, with appropriate notice, lay off or terminate any faculty member when such an action is deemed necessary due to a budget or program decision requiring a program change.

(b) Any layoff or termination of a faculty member under par. (a) may be made only in accordance with the provisions of this section and implies the retention of rights indicated in this section. A faculty member who is laid off retains the rights specified in subs. (11) to (16) and a faculty member who is terminated retains the rights specified in subs. (13) and (14).

(3) Seniority. (a) In the case of layoffs of faculty members due to a budget or program decision requiring a program change, layoffs shall follow seniority unless a clear and convincing case is made that program or budget needs dictate other considerations such as the need to maintain diversity of specializations within a department.

(b) The faculty of each institution shall determine the form of seniority that is to be considered. This determination shall be effective uniformly throughout the institution. Seniority may be defined in the following, or in other, ways:

1. Without regard to rank, with seniority established by total years of service in the institution.

2. By rank, and within rank according to total years of service in the institution.

3. By rank, and within rank, according to length of service in the institution at that rank.

(4) Notification. (a) Each faculty member who is to be laid off shall receive prompt written notification from the chancellor. Prior to issuing a layoff notification, the chancellor shall offer to consult with, and seek advice from, a faculty committee designated or created by the faculty of the institution.