36.37(2)
(2) Legislative findings. The legislature finds it in the public interest to recognize and foster the principle of environmental quality in the area known as Downer Woods by preserving it as a conservancy area and protecting it, consistent with
sub. (4), from encroachment or disparate uses. The woods is the sole remaining natural area remaining on the campus of the University of Wisconsin-Milwaukee, and as such, its preservation and enhancement is consistent with the university's recognition of its need to protect and enhance its own physical environment, and to serve the pressing human need of its faculty, students and staff, as well as the greater Milwaukee community, to live and work in an urban environment which respects those portions of unspoiled nature which yet exist. The woods is a unique asset; it provides visual relief to the concentrated building pattern surrounding it, complements the urban landscape and affords aesthetically and psychologically attractive places for people to congregate and relax. In addition, the woods serves as a refuge for wildlife and vegetation, and is, therefore, an important educational, scientific and ecological resource to the university and the community. Its presence imparts priceless recreational and aesthetic values.
36.37(3)
(3) Definitions. In this section, "Downer Woods" or "the woods" means those parcels of wood, parkland and buildings comprising more than 21.4337 acres located on the campus of the University of Wisconsin-Milwaukee, and divided into 5 separate and distinct categories, which categories shall define the proper and permissible uses of the parcels, as follows:
36.37(3)(a)
(a) Permanent conservation area, consisting of 11.101 acres, which is to be physically defined by means of fencing or other suitable means.
36.37(3)(b)
(b) Permanently reserved woodland, consisting of 3.018 acres.
36.37(3)(c)
(c) Park and woodland areas, consisting of 4.686 acres, which may be subject to limited modification, such as landscaping, but which are to be protected from disparate uses and encroachment.
36.37(3)(d)
(d) The buildings and grounds of the former Downer college with any reconstruction or renovation which may be authorized by the board.
36.37(3)(e)
(e) Park and woodland areas, consisting of 2.6287 acres, which may be subject to limited modifications, such as landscaping and utility lines.
36.37(4)(a)(a) That portion of Downer Woods designated a permanent conservation area is to be forever protected from encroachment or disparate uses, and its boundaries are to be defined and protected by fencing or other suitable means. The chancellor of the University of Wisconsin-Milwaukee, through the University of Wisconsin-Milwaukee Field Station, shall prepare and implement a Downer Woods natural area management and restoration plan to ensure that the conservation area is managed properly as a natural area.
36.37(4)(b)
(b) That portion of Downer Woods designated as permanently reserved woodland shall be set aside exclusively for purposes of community enhancement and relaxation, and any disparate uses to or encroachments upon such land is prohibited except for the purpose of constructing an addition and providing service to Sandburg Hall, which may not exceed 0.75 acres. The board shall grant a temporary easement sufficient to facilitate the construction of the addition, and whenever necessary to facilitate the maintenance of Sandburg Hall, conditioned upon the ecological restoration of the area within the easement.
36.37(4)(c)
(c) Those portions of Downer Woods designated as park and woodland areas under
sub. (3) (c) and
(e) may be used by the University of Wisconsin-Milwaukee as recreational and aesthetic corridors. Any modifications made to such portions of the woods under
sub. (3) (c) and
(e) may not significantly alter the present character of such land, and any disparate uses to or encroachments upon such land are prohibited.
36.37(4)(d)
(d) The buildings of the former Downer college shall be preserved and no portion thereof may be razed without prior approval of the building commission.
36.39
36.39
Complimentary and reduced price tickets prohibited. Complimentary and reduced price tickets to any system athletic event for which an admission fee is normally charged are prohibited with the following exceptions:
36.39(1)
(1) Reduced price tickets for persons 62 years of age or older, minors and students;
36.39(2)
(2) Complimentary and reduced price tickets permitted by rules of intercollegiate athletic conferences in which the system participates if the chancellor of the institution participating in the athletic event has approved the furnishing of such tickets; and
36.39(3)
(3) Complimentary and reduced price tickets for individuals who perform duties directly related to the conduct of the athletic event for which they are issued.
36.395
36.395
Fees for use of facilities. The board shall ensure that, beginning January 1, 1992, the fees for using the University Ridge Golf Course at the University of Wisconsin-Madison are set at no more than 2 levels. If there are 2 levels of fees, the lower fee level shall be for students and the other fee level shall be for all others eligible to use the facility.
36.395 History
History: 1991 a. 39.
36.40
36.40
Use of animals for research purposes. The board shall adopt criteria for researchers to follow regarding humane treatment of animals for scientific research purposes.
36.40 History
History: 1983 a. 27.
36.43
36.43
Accommodation of religious beliefs. The board shall promulgate 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:
36.43(1)
(1) Written and timely notification of all students and instructors of the rules and complaint process.
36.43(2)
(2) A means by which a student can conveniently and confidentially notify an instructor of potential conflicts.
36.43(3)
(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.
36.43(4)
(4) A procedure for handling and resolving complaints within each institution.
36.43 History
History: 1991 a. 227;
1997 a. 237.
36.43 Cross-reference
Cross-reference: See also ch.
UWS 22, Wis. adm. code.
36.44
36.44
License plate scholarship programs. 36.44(1)
(1) The board shall establish a scholarship program at each of the institutions specified in
s. 341.14 (6r) (f) 35. to
47. The program at each institution shall be funded by the fees collected under
s. 341.14 (6r) (b) 4. for that institution and the scholarships shall be awarded by the chancellor of each institution according to criteria developed by the chancellor.
36.44(2)
(2) Notwithstanding
sub. (1), the board shall use the fees collected under
s. 341.14 (6r) (b) 4. for the University of Wisconsin-Madison scholarship program to provide funds for the University of Wisconsin-Madison division of intercollegiate athletics. When the board determines that the division's deficit has been eliminated, the board shall use such fees as provided under
sub. (1).
36.44 History
History: 1989 a. 31.
36.45
36.45
Research funding. 36.45(1)(1) In its biennial budget request under
s. 16.42, the board shall specify the anticipated completion date of all research and public service projects for which the board is requesting general purpose revenue.
36.45(2)
(2) When the board prepares a fiscal estimate under
s. 13.093 (2) (a) with respect to the provisions of any bill that involves the appropriation of general purpose revenue to the board for a research or public service project, the board shall specify in its fiscal estimate the anticipated completion date of the project.
36.45(3)
(3) By September 1, 1992, and biennially thereafter by September 1, the board shall report to the governor and the joint committee on finance the purpose, duration, cost and anticipated completion date of all research and public service projects for which the board is expending general purpose revenue.
36.45 History
History: 1991 a. 39.
36.46
36.46
Auxiliary reserves. 36.46(1)(1) The board may not accumulate any auxiliary reserve funds from student fees for any institution in an amount that exceeds an amount equal to 15% of the previous fiscal year's total revenues from student segregated fees and auxiliary operations funded from student fees for that institution unless the reserve funds are approved by the secretary of administration and the joint committee on finance under this subsection. A request by the board for such approval for any fiscal year shall be filed by the board with the secretary of administration and the cochairpersons of the joint committee on finance no later than September 15 of that fiscal year. The request shall include a plan specifying the amount of reserve funds the board wishes to accumulate and the purposes to which the reserve funds would be applied, if approved. Within 14 working days of receipt of the request, the secretary of administration shall notify the cochairpersons of the joint committee on finance in writing of whether the secretary proposes to approve the reserve fund accumulation.
36.46(2)
(2) Notwithstanding
sub. (1), if, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the secretary's proposed action, the proposed reserve funds may be accumulated. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the secretary's proposed action, the proposed reserve funds may not be accumulated unless the committee approves that action.
36.48
36.48
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 of Wisconsin-Madison and the University of Wisconsin-Milwaukee. 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.
36.48 History
History: 1989 a. 31.
36.49
36.49
Environmental program grants and scholarships. From the appropriation under
s. 20.285 (1) (rm), the board shall annually do the following:
36.49(1)
(1) Make need-based grants totaling $100,000 to students who are members of underrepresented groups and who are enrolled in a program leading to a certificate or a bachelor's degree from the Nelson Institute for Environmental Studies at the University of Wisconsin-Madison.
36.49(2)
(2) Provide annual scholarships totaling $100,000 to students enrolled in the sustainable management degree program through the University of Wisconsin-Extension.
36.49(3)
(3) Award the balance to the University of Wisconsin-Stevens Point for environmental programs.
36.49 History
History: 2009 a. 28;
2011 a. 32.
36.51
36.51
Nutritional improvement for elderly. 36.51(1)(a)
(a) "Authorized elderly person" means any resident of this state who is 60 years of age or older, and the spouse of any such person.
36.51(1)(b)
(b) "Institution" includes any private institution of higher education.
36.51(2)
(2) Any college campus or institution approved by the board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If a college campus or institution desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the board. Annually, the board shall notify the department of public instruction of the approved college campuses and institutions.
36.51(3)
(3) Each plan shall provide at least one meal per day for each day that school is in regular session. The college campus or institution 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.
36.51(4)
(4) Any college campus or institution that operates a food services plan for elderly persons under this section shall make facilities available for service to elderly persons at every facility that provides hot food service to its students. Upon application, the board may grant exceptions from compliance with this subsection for reasons of safety, convenience or insufficient interest in a given neighborhood.
36.51(5)
(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. The board may require consolidation of programs between college campuses and institutions and between schools if such a procedure will be convenient and economical.
36.51(6)
(6) The college campus or institution 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% 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).
36.51(7)
(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, no college campus or institution may be required to provide special foods for individual persons with allergies or medical disorders.
36.51(8)
(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. A college campus or institution 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.
36.51(9)
(9) The board shall adopt reasonable rules necessary to implement this section.
36.52
36.52
Reimbursement of pay supplements. Whenever moneys become available from the federal government to finance the cost of pay and related adjustments for employees of the system in the unclassified service whose positions are wholly or partly funded from federal revenue under
7 USC 343 that have been paid from the appropriation under
s. 20.865 (1) (cj) during the same fiscal year in which moneys are expended from that appropriation, the board shall reimburse the general fund for any expenditures made under
s. 20.865 (1) (cj) from the appropriate appropriation to the board made from federal revenues.
Effective date note
NOTE: This section is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
36.52 Reimbursement of pay supplements. Whenever moneys become available from the federal government to finance the cost of pay and related adjustments for employees of the system whose positions are wholly or partly funded from federal revenue under 7 USC 343 that have been paid from the appropriation under s. 20.865 (1) (cj) during the same fiscal year in which moneys are expended from that appropriation, the board shall reimburse the general fund for any expenditures made under s. 20.865 (1) (cj) from the appropriate appropriation to the board made from federal revenues.
36.52 History
History: 1991 a. 39;
2011 a. 32.
36.53
36.53
Tuition gift certificates. 36.53(1)
(1) 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:
36.53(1)(a)
(a) 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 any institution or college campus.
36.53(1)(b)
(b) A gift certificate is not transferable, except to a parent, child, spouse, or sibling of the named individual in
par. (a).
36.53(2)
(2) The board may charge no more than the actual processing cost as a fee for each sale of a gift certificate.
36.53 History
History: 2005 a. 77;
2011 a. 32.
36.54
36.54
Environmental education board and grants. 36.54(1)(a)(a) The environmental education board shall consult with the state superintendent of public instruction in identifying needs and establishing priorities for environmental education in public schools, including needs for teacher training, curriculum development and the development and dissemination of curriculum materials. The state superintendent of public instruction shall seek the advice of the environmental education board in carrying out these activities.
36.54(1)(b)
(b) The environmental education board shall consult with other state agencies, including the University of Wisconsin-Extension, conservation and environmental groups, youth organizations and nature and environmental centers in identifying needs and establishing priorities for environmental education.
36.54(2)(a)1.
1. "Corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
36.54(2)(a)2.
2. "Public agency" means a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district or school district or an agency of this state or of a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district or school district.
36.54(2)(b)
(b) From the appropriations under
s. 20.285 (1) (ge),
(r), and
(rc), the environmental education board shall award grants to corporations and public agencies for the development, dissemination and presentation of environmental education programs. Programs shall be funded on an 18-month basis. The environmental education board may not award a grant unless the grant recipient matches at least 25% of the amount of the grant. Private funds and in-kind contributions may be applied to meet the matching requirement. Grants under this paragraph may not be used to replace funding available from other sources.
36.54(2)(c)
(c) The environmental education board shall promulgate rules establishing the criteria and procedures for the awarding of grants for programs and projects under
par. (b). The environmental education board shall use the priorities established under
sub. (1) for awarding grants if the amount in the appropriations under
s. 20.285 (1) (ge),
(r), and
(rc) in any fiscal year is insufficient to fund all applications under this subsection.
36.54(2)(d)
(d) The environmental education board shall seek private funds for the purpose of the grants under this subsection.
36.54(2)(e)
(e) No more than one-third of the total amount awarded in grants under
par. (b) in any fiscal year may be awarded to state agencies.
36.54(2)(f)
(f) The environmental education board may use up to 5% of the amount appropriated under
s. 20.285 (1) (rc) to administer the grants under this subsection.
36.54 Cross-reference
Cross-reference: See also ch.
EEB 2, Wis. adm. code.
