AB40: Bill Text

AB40,518,25 36.61 (8) (c) 3. Practice at a public or private nonprofit entity in a health professional shortage area, if the health care provider is not a dental hygienist, or in a dental health shortage area, if the health care provider is a dental hygienist.

AB40, s. 1084 Section 1084. 36.62 (1) of the statutes is amended to read:

AB40,519,4 36.62 (1) Advise the board on matters related to the physician and dentist loan assistance program under s. 36.60 and the health care provider dental hygienist loan assistance program under s. 36.61.

AB40, s. 1085 Section 1085. 36.62 (2) of the statutes is amended to read:

AB40,519,8 36.62 (2) Advise the board on the amount, up to $25,000, to be repaid on behalf of each health care provider dental hygienist who participates in the health care provider dental hygienist loan assistance program under s. 36.61.

AB40, s. 1086 Section 1086. 36.63 of the statutes is renumbered 37.63, and 37.63 (3) and (4) (b) 1., as renumbered, are amended to read:

AB40,519,18 37.63 (3) Annually by December 1, the department shall submit a plan for increasing the number of physician residency programs that include a majority of training experience in a rural area to the Rural Wisconsin Health Cooperative, the Wisconsin Hospital Association, and the Wisconsin Medical Society. The plan shall include a detailed proposed budget for expending the moneys appropriated to the board under s. 20.285 20.280 (1) (qe) and demonstrate that the moneys do not supplant existing funding. The department shall consider comments made by the organizations in formulating its final budget.

AB40,519,20 (4) (b) 1. The number of such physician residency positions funded in whole or in part under this section or s. 36.63, 2009 stats., in the previous fiscal year.

AB40, s. 1087 Section 1087. Chapter 37 of the statutes is created to read:

AB40,519,23 chapter 37 university of Wisconsin–Madison

AB40,520,4 37.001 Statement of purpose and mission. (1) The University of Wisconsin–Madison continues to be this state's comprehensive teaching and research university, with a statewide, national, and international mission, offering programs at the undergraduate, graduate, and professional levels in a wide range of fields while engaging in extensive scholarly research, continuing adult education, and public service.

AB40,520,13 (2) The primary purpose of the university is to provide a learning environment in which faculty, staff, and students may discover, examine critically, preserve, and transmit the knowledge, wisdom, and value that will help ensure the survival of this and future generations and improve the quality of life for all. The university seeks to help students develop an understanding of and appreciation for the complex cultural and physical worlds in which they live and to realize their highest potential of intellectual, physical, and human development. It also seeks to attract and serve students from diverse social, economic, and ethnic backgrounds and to be sensitive and responsive to those groups that have been underserved by higher education.

AB40,520,14 37.01 Definitions. In this chapter:

AB40,520,18 (1) "Academic staff" means those university employees who, immediately prior to the effective date of this subsection .... [LRB inserts date], were designated as academic staff of the University of Wisconsin–Madison under ch. 36, 2009 stats., and those university employees hired as or designated as academic staff by the board.

AB40,520,19 (1m) "Authority" means the authority created in this chapter.

AB40,520,20 (2) "Board" means the Board of Trustees of the authority.

AB40,520,21 (3) "Board of Regents" means the Board of Regents of the system.

AB40,520,23 (4) "Campus" means the publicly owned or leased buildings and grounds that comprise all or part of the university.

AB40,520,24 (5) "Chancellor" means the chief executive of the university.

AB40,521,4 (6) "Faculty" means persons who hold the rank of professor, associate professor, assistant professor, or instructor in an academic department or its functional equivalent in the university and such other employees as may be designated by the chancellor and faculty.

AB40,521,9 (7) "Student" means any person who is registered for study in the university for the current academic period. For the purpose of administering particular programs or functions involving students, the board shall adopt rules defining continuation or termination of student status during periods between academic periods.

AB40,521,10 (8) "System" means the University of Wisconsin System.

AB40,521,12 (9) "University" means the university operated by the board under this chapter.

AB40,521,16 37.02 University of Wisconsin–Madison: creation; organization of Board of Trustees. (1) (a) There is created an authority, which is a public body corporate and politic, to be known as the "University of Wisconsin–Madison." The board shall consist of the following:

AB40,521,18 1. The following members, at least 7 of whom shall be university alumni, appointed by the governor for 3-year terms:

AB40,521,19 a. One member of the Board of Regents.

AB40,521,20 b. One member who represents agricultural interests in this state.

AB40,521,21 c. Nine additional members.

AB40,521,22 2. The following members appointed for 3-year terms:

AB40,521,23 a. Two faculty members selected by the faculty.

AB40,521,25 b. One university employee who is not a faculty member, selected by university employees who are not faculty.

AB40,522,2 c. Two university alumni selected by the Wisconsin Alumni Research Foundation board.

AB40,522,3 d. Two university alumni selected by the Wisconsin Alumni Association board.

AB40,522,5 e. Two university alumni selected by the University of Wisconsin Foundation board.

AB40,522,7 3. One student enrolled in the university, selected by students enrolled in the university, for a 2-year term.

AB40,522,8 4. The chancellor, who shall serve as a nonvoting member.

AB40,522,13 (b) Members appointed under par. (a) 1. c. and 2. c., d., and e. shall have a demonstrated commitment to the welfare of the university and shall have management experience or possess expertise in aspects of the university's mission, such as undergraduate, graduate, and professional education, research, intellectual property, support of existing industries, new business startups, and public service.

AB40,522,16 (c) Members appointed under par. (a) 1. and 2. may serve no more than 2 consecutive terms. The member appointed under par. (a) 3. may serve no more than one term.

AB40,522,18 (2) A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

AB40,522,21 (3) A member of the board may not be compensated for his or her services but may be reimbursed for actual and necessary expenses, including travel expenses, incurred in the performance of his or her duties.

AB40,522,25 (4) No cause of action of any nature may arise against and no civil liability may be imposed upon a member of the board for any act or omission in the performance of his or her powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes willful misconduct.

AB40,523,6 (5) The members of the board shall annually elect a chairperson and may elect other officers as they consider appropriate. Eleven voting members of the board constitute a quorum for the purpose of conducting the business and exercising the powers of the authority, notwithstanding the existence of any vacancy. The board may take action upon a vote of a majority of the members present, unless the bylaws of the authority require a larger number.

AB40,523,9 (6) The board shall appoint a chancellor to serve as chief executive officer of the university. The chancellor serves at the pleasure of the board. The chancellor shall receive such compensation as the board fixes.

AB40,523,11 (6m) The board shall appoint a secretary of the board, who shall keep a record of all its transactions.

AB40,523,13 (7) The state treasurer shall be the treasurer of the board for those moneys appropriated to the board under s. 20.280.

AB40,523,15 (8) (a) The board shall provide in its operating policies for access to the board by the public, faculty, students, and employees.

AB40,523,18 (b) The board meetings shall be open and all records of such meetings and of all proceedings of the board shall be open to inspection in accordance with subchs. II and V of ch. 19.

AB40,523,21 37.03 Responsibilities. (1) Board. (a) The primary responsibility for governance of the authority is vested in the board, which shall operate a university at or near the seat of government, and adopt policies for governing the university.

AB40,523,23 (b) The board shall determine the educational programs to be offered by the university and may discontinue educational programs as it deems necessary.

AB40,524,5 (c) The board shall appoint a chancellor; faculty; other employees; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; and the state cartographer; and fix the salaries, the duties, and the term of office for each. No sectarian or partisan tests or any tests based upon race, color, creed, religion, national origin, sex, disability, ancestry, age, sexual orientation, pregnancy, marital status, or parental status shall ever be allowed or exercised in the appointment of the employees of the university.

AB40,524,8 (d) The board shall delegate to the chancellor the responsibility for the administration and operation of the university within the policies and guidelines established by the board.

AB40,524,16 (e) In order to provide for the evaluation of the quality and effectiveness of the university, the board shall prepare an accountability report measuring its performance in such areas as the access and affordability of the university, student achievement, the research efforts of the university, the economic impact of the university on the state, the services provided by the university to the residents of the state, and the financial accountability of the university's operations. By July 1, 2013, and biennially thereafter, the board shall submit the accountability report to the governor and shall post the report prominently on its Web site.

AB40,525,3 (2) Chancellor. The chancellor shall be the executive head of the faculty and the university, shall be vested with the responsibility of administering board policies, and shall be accountable and report to the board on the operation and administration of the university. Subject to board policy, the chancellor, in consultation with the faculty, is responsible for designing curricula and setting degree requirements; determining academic standards and establishing grading systems; defining and administering institutional standards for faculty peer evaluation and screening candidates for appointment, promotion, and tenure; recommending individual merit increases; administering associated auxiliary services; and administering all funds, from whatever source, allocated, generated, or intended for use of the university. The chancellor may designate a person as provost, to act as chief executive officer of the university in the chancellor's absence.

AB40,525,10 (3) Faculty. The faculty, subject to the responsibilities and powers of the board and the chancellor, shall be vested with responsibility for the immediate governance of the university and shall actively participate in university policy development. As such, the faculty has the primary responsibility for academic and educational activities and faculty personnel matters. The faculty have the right to determine their own faculty organizational structure and to select representatives to participate in university governance.

AB40,525,18 (4) Academic staff. The academic staff, subject to the responsibilities and powers of the board, the chancellor, and the faculty, shall be active participants in the immediate governance of and policy development for the university. The academic staff have the primary responsibility for the formulation and review, and shall be represented in the development, of all policies and procedures concerning the academic staff, including academic staff personnel matters. The academic staff have the right to organize themselves in a manner they determine and to select their representatives to participate in university governance.

AB40,526,3 (5) Students. The students, subject to the responsibilities and powers of the board, the chancellor, and the faculty, shall be active participants in the immediate governance of and policy development for the university. As such, students have primary responsibility for the formulation and review of policies concerning student life, services, and interests. In consultation with the chancellor and subject to the final confirmation of the board, students have the responsibility for the disposition of those student fees that constitute substantial support for campus student activities. The students have the right to organize themselves in a manner they determine and to select their representatives to participate in university governance.

AB40,526,7 37.11 Powers and duties of the board. (1) Generally. The board shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted the board under this chapter, the board may specifically:

AB40,526,9 (a) Adopt, amend, and repeal any bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

AB40,526,10 (b) Have a seal and alter the seal at pleasure.

AB40,526,11 (c) Maintain an office.

AB40,526,13 (d) Accept gifts, grants, loans, or other contributions from private or public sources.

AB40,526,15 (e) Establish the university's annual budget and monitor the fiscal management of the university.

AB40,526,17 (f) Execute contracts and other instruments required for the operation of the university.

AB40,526,24 (1g) Personnel system. The board shall develop and implement a personnel system, effective July 1, 2012, that is separate and distinct from the system created under ch. 230. The board shall develop and implement the system with the active participation of the faculty and academic staff as provided in s. 37.03 (3) and (4). In developing the personnel system, the board shall provide for the transfer of classified civil service employees to the university personnel system as necessary upon the effective date of its implementation.

AB40,527,6 (1m) Protection of people; custody and management of property. (a) The board may promulgate rules to protect the lives, health, and safety of persons on property under its jurisdiction and to protect such property and to prevent obstruction of the functions of the university. Any person who violates any rule promulgated under this paragraph may be fined not more than $500 or imprisoned for not more than 90 days or both.

AB40,527,15 (b) Except as provided in this paragraph, 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 that may be necessary and required for the purposes, objects, and uses of the university authorized by law. Any lease 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 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 university and the state.

AB40,527,21 (c) The board may promulgate rules for the management of all property under its jurisdiction, for the care and preservation thereof, and for the promotion and preservation of the orderly operation of the university in any or all of its authorized activities with forfeitures for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. Forfeitures shall not exceed $500.

AB40,527,25 (cm) The board shall promulgate rules prescribing the times, places, and manner in which political literature may be distributed and political campaigning may be conducted in state-owned residence halls. No such rule may authorize any activity prohibited under s. 11.36 (3) or (4).

AB40,528,5 (d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

AB40,528,18 (2) Police authority. (a) The board shall have concurrent police power, with other authorized peace officers, over all property subject to its jurisdiction. Such concurrent police authority shall not be construed to reduce or lessen the authority of the police power of the community or communities in which the university is located. All university police officers shall cooperate with and be responsive to the local police authorities as they meet and exercise their statutory responsibilities. The designated agents of the board may arrest, with or without warrant, any person on such property who they have reasonable grounds to believe has violated a state law or any rule promulgated under sub. (1m) (a), (c), or (cm) or (8) and deliver such person to any court having jurisdiction over the violation and execute a complaint charging such person with the violation. This subsection does not impair the duty of any other peace officers within their jurisdictions to arrest and take before the proper court persons found violating any state law on such property.

AB40,529,2 (b) The board may employ police for the university and a chief to head such police, or contract for police, all of whom shall be deemed peace officers under s. 939.22 (22) under the supervision and control of the chancellor or the chancellor's designee. Such police officers shall meet the minimum standards established for other police officers by the law enforcement standards board or a comparable agency. Such police shall preserve the peace on all property described under par. (a), enforce all rules promulgated under subs. (1) (a), (c), and (cm) and (8) and all other laws, and for that purpose the chancellor or the chancellor's designee may call for aid from such other persons as is deemed necessary.

AB40,529,8 (3) Admission of applicants. (a) The board shall establish the policies for admission to the university and within these policies shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests or any tests based upon race, religion, color, creed, national origin of U.S. citizens, sex, disability, ancestry, age, sexual orientation, pregnancy, marital status, or parental status shall ever be allowed in the admission of students.

AB40,529,10 (b) The board may establish policies for the appropriate transfer of credits with other educational institutions.

AB40,529,12 (4) Injunctive relief. The board may obtain injunctive relief to enforce any rules promulgated under sub. (1m) (a), (c)) or (cm) or sub. (8).

AB40,529,15 (5) Insurance. (a) The board may procure liability insurance covering the members of the board, any officer, employee, or such students whose activities may constitute an obligation or responsibility of the university.

AB40,529,21 (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.

AB40,529,22 (6) Financial aids. (a) The board may:

AB40,529,24 1. Make grants to students from funds budgeted to or controlled by the university and formulate policies and adopt rules for the grants.

AB40,530,3 2. Make grants equivalent in value to the payment of incidental fees to disabled residents of the state who are recommended and supervised by the department of workforce development under s. 47.02.

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.