36.27(3n)(bm)2.
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 of Regents shall reimburse those resident students as provided in
s. 39.50 (4).
36.27(3n)(c)
(c) The higher educational aids board shall reimburse the board of regents for all academic fees and segregated fees remitted under
par. (b) as provided in
s. 39.50 (1) and
(3m).
36.27(3p)(a)1m.
1m. "Nonresident tuition" means the amount charged to a nonresident student to enroll in a degree credit course, including the University of Wisconsin-Madison Executive MBA Program. In the case of a distance education, online, or other course for which the amount charged to enroll in the course equals at least 100 percent of the cost of offering the course, "nonresident tuition" includes the regular fees charged to a nonresident student to enroll in the course and any additional fees charged to that student to enroll in that course, other than fees charged for books, supplies, meals, parking, travel, and other miscellaneous expenses incurred for attending the course.
36.27(3p)(a)1r.
1r. "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:
36.27(3p)(a)1r.a.
a. The person has served on active duty for at least one qualifying term of service under
subd. 1r. b. to
d. 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.
36.27(3p)(a)1r.b.
b. 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.
36.27(3p)(a)1r.c.
c. 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.
36.27(3p)(a)1r.d.
d. 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.
36.27(3p)(a)1r.e.
e. 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.
36.27(3p)(a)1r.f.
f. 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.
36.27(3p)(b)
(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
s. 38.24 (8) and 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.
36.27(3p)(bg)
(bg) Before the Board of Regents may grant 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. If that educational assistance covers 100 percent of that tuition and those fees for a credit or semester, that credit or semester shall not count against the 128 credit or 8 semester limit provided in
par. (b). If that educational assistance covers less than 100 percent of that tuition and those fees for a credit or semester and the remission under
par. (b) covers the remainder of that tuition and those fees, the credit or semester shall count against that limit in the proportion that the remission bears to the total nonresident tuition, academic fees, and segregated fees charged for that credit or semester. 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.
36.27(3p)(bm)1.1. 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 of Regents.
36.27(3p)(bm)2.
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 of Regents shall reimburse those students as provided in
s. 39.50 (4).
36.27(3p)(c)
(c) The higher educational aids board shall reimburse the board of regents for all nonresident tuition, academic fees, and segregated fees remitted under
par. (b) as provided in
s. 39.50 (1) and
(3m).
36.27(3r)
(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 system as an undergraduate for each valid voucher issued to the student under
s. 45.60 (3).
36.27(4)(a)(a) The board may annually exempt from nonresident tuition, but not from incidental or other fees, up to 300 students enrolled at the University of Wisconsin-Parkside as juniors or seniors in programs identified by that institution as having surplus capacity and up to 225 students enrolled at the University of Wisconsin-Superior in programs identified by that institution as having surplus capacity.
36.27(4)(b)
(b) A student who received an exemption from nonresident tuition under
1987 Wisconsin Act 27, section 3054 (2g) (a) during the 1987-88 and 1988-89 academic years, or who receives an exemption from nonresident tuition under
par. (a), shall continue to receive an exemption from nonresident tuition until the completion of his or her degree program.
36.27(4)(d)
(d) The University of Wisconsin-Parkside and the University of Wisconsin-Superior shall give preference in admissions to residents of this state over nonresidents who would be exempt from nonresident tuition under
par. (a).
36.27(5)(a)(a) In this subsection, "state funds" means the total amount of general purpose revenue appropriated under
s. 20.285 in any fiscal year.
36.27(5)(b)1.1. The board shall ensure that every student's bill for academic fees or nonresident tuition includes the following statement: "The legislature and the governor have authorized $.... in state funds for the University of Wisconsin System during the .... academic year. This amount represents an average subsidy of $.... from the taxpayers of Wisconsin for each student enrolled in the University of Wisconsin System."
36.27(5)(b)2.
2. The board shall calculate the average subsidy for the purpose of the fee statement under
subd. 1. by dividing state funds in the appropriate fiscal year by the number of full-time equivalent students enrolled in the system in the most recent fall semester.
36.27(5)(d)1.1. The board shall ensure that the segregated fees applicable at each institution and college campus are posted on the Internet Web site of the institution or college campus. The board shall also ensure that detailed information on the organizations and activities for which allocable segregated fees are expended at each institution and college campus are posted on the Internet Web site of the institution or college campus.
36.27(5)(d)2.
2. The board shall ensure that each student's bill for academic fees or nonresident tuition for a semester or session includes each of the following:
36.27(5)(d)2.a.
a. The total amount of academic fees or nonresident tuition assessed on the student, which shall be listed separately from the amount specified in
subd. 2. b.
36.27(5)(d)2.b.
b. The total amount of segregated fees assessed on the student, which shall be listed separately from the amount specified in
subd. 2. a.
36.27(5)(d)2.c.
c. The Internet Web site address specified in
subd. 1. for the institution or college campus at which the student is enrolled.
36.27(6)
(6) Segregated Fees. The board shall ensure that segregated fees are used only for the purpose for which they are charged.
36.27 History
History: 1973 c. 333 ss.
68g,
68k,
201f (2);
1973 c. 335;
1975 c. 39,
199;
1977 c. 29;
1981 c. 20;
1983 a. 407;
1985 a. 51,
192;
1987 a. 399;
1989 a. 31 ss.
709p to
710,
2908;
1989 a. 67,
181,
359;
1991 a. 39,
168,
169;
1993 a. 16;
1995 a. 27,
228;
1997 a. 27,
163,
237;
1999 a. 9,
130,
154,
186;
2001 a. 16,
38;
2003 a. 33 ss.
936,
9160;
2003 a. 42,
185,
320;
2005 a. 22,
25,
320,
387,
404,
468;
2007 a. 20,
130;
2009 a. 28;
2011 a. 32.
36.27 Annotation
A student who challenges his or her nonresident status unsuccessfully must reapply before the beginning of any new semester when he or she claims that status has changed. Hancock v. Regents of UW,
61 Wis. 2d 484,
213 N.W.2d 45 (1973).
36.27 Annotation
The 11th Amendment to the U.S. constitution, which bars private litigants' suits against nonconsenting states in federal courts barred a nonresident student's action asserting that the University violated his constitutional rights to equal protection by charging him out-of-state tuition. Joseph v. Board of Regents of the University of Wisconsin System.,
432 F.3d 746 (2005).
36.29
36.29
Gifts; golf course. 36.29(1)(1) All gifts, grants, and bequests for the benefit or advantage of the system or any of its institutions, 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; but no such income accumulation shall be allowed to produce a fund more than 20 times as great as that originally given. 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, or sex. Except as otherwise provided in this section, the board may invest not to exceed 85% of trust funds held and administered by the board in common stocks. 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.
36.29(2)
(2) All gifts, grants, or bequests under
sub. (1) may be made to the board, the president, a 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 system or any of its institutions, colleges, schools, 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 system, or to provide for the voluntary retirement of any of the faculty.
36.29(3)
(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.
36.29(4)
(4) Any grant, contract, gift, endowment, trust or segregated funds bequeathed or assigned to an institution or its component parts for any purpose whatsoever shall not be commingled or reassigned.
36.29(5)(a)(a) Except as provided in
par. (b), the board may not acquire or make a commitment to operate any golf course not owned by the board prior to July 2, 1983, without specific authorization by the legislature.
36.29(5)(b)
(b) Notwithstanding
s. 20.924 (1), the board may accept a gift of a golf course for the University of Wisconsin-Madison if no general purpose revenues are used in the acquisition, development or operation of that golf course.
36.29(6)
(6) The board may not accept any gift, grant or bequest of real property with a value in excess of $150,000 except as provided in
s. 13.48 (2) (b) 1m.
36.29(7)
(7) The board may not accept any gift, grant or bequest of a building or structure that is constructed for the benefit of the system or any institution unless acceptance is first approved by the building commission, or unless the plans and specifications for the building or structure are reviewed and approved by the department of administration and the building or structure is inspected as provided in
s. 16.85 (12).
36.29 Annotation
The university cannot accept trust funds that are for an unlawful purpose, and the expenditure of trust funds must comply with special and general laws. Execution of a trust, whether restricted or unrestricted funds are involved, must be in a lawful manner not in conflict with other express statutes. 62 Atty. Gen. 4.
36.29 Annotation
Student loan funds established by gift for the benefit of students are trust funds. 62 Atty. Gen. 109.
36.29 Annotation
Sub. (1), which prohibits investment of university funds in companies that practice or condone discrimination, is not unconstitutional. 67 Atty. Gen. 20.
36.29 Annotation
Constitutionality of the no discrimination clause regulating University of Wisconsin investments. Guynn, 1978 WLR 1059.
36.30
36.30
Sick leave. Leave of absence for persons holding positions under
s. 20.923 (4g) and
(5), faculty and academic staff personnel with pay, owing to sickness, shall be regulated by rules of the board, except that unused sick leave shall accumulate from year to year.
Effective date note
NOTE: This section is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
36.30 Sick leave. Leave of absence for employees with pay, owing to sickness, shall be regulated by rules of the board, except that unused sick leave shall accumulate from year to year.
36.31
36.31
Coordination with other educational agencies. 36.31(1)(1) The board shall not, without the approval of the technical college system board, broaden the system's post-high school training mission to include the preparation of persons for semiprofessional or skilled-trade occupations beyond those offered during the 1972-73 academic year. The technical college system board shall not, without the approval of the board of regents, broaden its system's collegiate transfer program offerings beyond those in existence during the 1972-73 academic year. In this section, "collegiate transfer program" has the meaning given in
s. 38.01 (3).
36.31(2)
(2) The technical college system board, in agreement with the board may designate courses other than those covered under
sub. (1) as transferable for collegiate credit between the 2 systems.
36.31(3)
(3) The fees for services charged in the national direct student loan servicing contract to the board by the higher educational aids board must be approved by the secretary of administration.
36.31 History
History: 1973 c. 335;
1977 c. 29;
1979 c. 34;
1991 a. 39;
1993 a. 399; s. 35.17 correction in (3).
36.32
36.32
Student identification numbers. 36.32(1)
(1) In this section, "institution of higher education" means an institution within the system or a private educational institution located in this state that awards a bachelor's or higher degree or provides a program that is acceptable toward such a degree.
36.32(2)
(2) An institution of higher education may assign to each student enrolled in the institution a unique identification number. An institution of higher education shall not assign to any student an identification number that is identical to or incorporates the student's social security number. This subsection does not prohibit an institution of higher education 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 institution or the student to participate in a particular program.
36.32 History
History: 2003 a. 282 ss.
1 to
3.
36.33
36.33
Sale and relocation of agricultural lands. 36.33(1)(1)
Legislative intent. The legislature finds and determines that, because of the problems resulting from the development of the city of Madison around certain agricultural lands of the University of Wisconsin-Madison, the desirability of consolidating lands used for agricultural instruction, research and extension purposes, the desirability of disposing of agricultural lands no longer needed by the university and the need for land of better quality and of greater quantity for the purpose of improving and expanding agricultural research, it is in the public interest for the board to sell or lease, in whole or in part, the agricultural lands and improvements thereon owned by the board and located in sections 19, 20 and 30, township 7 north, range 9 east, Dane County; sections 25 and 27, township 7 north, range 8 east, Dane County; sections 34 and 35, township 38 north, range 11 east, Oneida County; and section 22, township 22 north, range 8 east, Portage County; and to purchase other agricultural lands outside of the Madison urban area and to construct thereon the necessary buildings and improvements. The foregoing policy determination is made without reference to or intention of limiting the powers which the board may otherwise have.
36.33(2)
(2) Method of sale; assessments. 36.33(2)(a)(a) The board, in selling or leasing any part of the agricultural lands and improvements thereon, mentioned in
sub. (1), shall sell or lease on the basis of either of the following:
36.33(2)(a)1.
1. Public bids, with the board reserving the right to reject any or all bids in the best interest of the state.
36.33(2)(b)
(b) Notwithstanding any provisions of law to the contrary, the lands in Dane County mentioned in
sub. (1) shall be subject to special assessments for public improvements by the city of Madison, in the same manner and to the same extent as privately owned lands, if the public improvements are of direct and substantial benefit to the lands that have been platted for sale.
36.33(3)
(3) Building commission approval. The sale, lease and purchase of agricultural lands mentioned in
sub. (1) shall be subject to the approval of the building commission.
36.33(4)
(4) Proceeds. The net proceeds from the sale of agricultural lands and improvements authorized by this section shall be devoted to the purchase of land and construction of improvements contemplated in
sub. (1) but of any excess of revenue beyond the amount required for this purpose a sum not to exceed $7,200,000 shall constitute a nonlapsible fund for the purpose of erecting facilities for research and instruction in animal husbandry, agricultural engineering and agricultural and life sciences at the University of Wisconsin-Madison, and such funds shall become available upon consent and recommendation of the board and authorization by the building commission.
36.33(5)
(5) Local taxes. The lands mentioned in
sub. (1) which are located in the city of Madison shall be subject to all general property taxes levied by the city of Madison in the event that they are used for commercial purposes. "Commercial purposes" does not include official use by the state or any of its agencies.
36.335
36.335
Sale of other land; buildings and structures. Except as provided in
s. 36.33, if the board sells any real property under its jurisdiction, the board shall credit the net proceeds of the sale to the appropriation account under
s. 20.285 (1) (gb) except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any 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.
36.335 History
History: 2009 a. 28 s.
3407; Stats. 2009 s. 36.335;
2011 a. 32.
36.34
36.34
Minority student programs. 36.34(1)
(1)
Ben R. Lawton minority undergraduate grant program. 36.34(1)(a)(a) In this subsection "minority undergraduate" means an undergraduate student who:
36.34(1)(a)4.
4. Is 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.
36.34(1)(b)
(b) The board shall establish a grant program for minority undergraduates enrolled in the system. 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).
