AB883: Bill Text

AB883,6,7 c. At least 60 days have elapsed since the person complied with subd. 1. b.

AB883,6,9 d. The attorney general did not bring an action to enforce par. (b) against the authority before the expiration of the time period specified in subd. 1. c.

AB883,6,11 e. The complaint that the person files in his or her action is substantially based on the complaint that the person filed under subd. 1. a.

AB883,6,16 2. If in an action brought under this paragraph the court determines that the authority violated par. (b), the court shall impose any penalty that would have been required and may order any relief that would have been permitted if the action had been brought under par. (d). Any forfeiture ordered under this subdivision shall be paid to the state.

AB883,6,18 (f) Notwithstanding s. 803.09 (1), any person may intervene in an action brought under par. (d) or (e).

AB883,7,2 (g) If the court determines that the authority violated par. (b) in a case brought under par. (d) or (e), the court shall order the authority to pay the plaintiff's reasonable litigation costs, including a reasonable attorney fee, notwithstanding s. 814.04 (1). If a person has intervened in a case under par. (f), the court shall order the authority to pay the intervenor's reasonable litigation costs, including a reasonable attorney fee, notwithstanding s. 814.04 (1), if the court determines that the intervenor made a substantial contribution to the plaintiffs in prosecuting the action.

AB883,7,13 (h) 1. If the authority discharges, demotes, threatens, or otherwise discriminates against an individual regarding compensation or terms, conditions, or privileges of employment because the individual or anyone acting at the request of the individual provided or attempted to provide information to the department or the attorney general regarding possible violations of par. (b), the individual may bring a civil action for any damages resulting from that discharge, demotion, threat, or discrimination. The action shall be commenced within 3 years after the discharge, demotion, threat, or discrimination or be barred. If the plaintiff proves by a preponderance of the evidence that the discharge, demotion, threat, or discrimination occurred, the court may grant any appropriate relief, including the following:

AB883,7,14 a. Reinstatement of the individual to his or her former position.

AB883,7,15 b. Compensatory damages.

AB883,7,16 c. Costs, and not withstanding s. 814.04 (1), reasonable attorney fees.

AB883,7,17 d. Other relief to remedy past discrimination.

AB883,7,19 2. An individual may not bring an action under subd. 1. if he or she did any of the following:

AB883,7,20 a. Deliberately caused or participated in the violation of par. (b).

AB883,7,22 b. Knowingly or recklessly provided substantially false information to the department regarding a violation of par. (b).

AB883,7,25 (i) Any individual who knowingly authorizes the use of money received under s. 20.435 (4) (b), (o), or (w) in conjunction with a violation of par. (b) shall forfeit all of the following:

AB883,8,1 1. For each violation, $1,000.

AB883,8,3 2. The amount of money that the person authorized to be used under par. (i) (intro.).

AB883, s. 6 Section 6. 233.02 (1) (h) of the statutes is amended to read:

AB883,8,10 233.02 (1) (h) Two nonvoting members appointed by the governor, one of whom shall be an employee or a representative of a labor organization recognized or certified to represent employees in one of the collective bargaining units specified in s. 111.05 (5) (a) and one of whom shall be an employee or a representative of a labor organization recognized or certified to represent employees in one of the collective bargaining units specified in s. 111.825 (1m), for 3-year terms.

AB883, s. 7 Section 7. 233.02 (1) (i) of the statutes is created to read:

AB883,8,13 233.02 (1) (i) Two members appointed by the speaker of the assembly and 2 members appointed by the senate majority leader for 3-year terms.

AB883, s. 8 Section 8. 233.02 (8) of the statutes is amended to read:

AB883,8,23 233.02 (8) The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Six Eight voting members of the board of directors constitute a quorum for the purpose of conducting the business and exercising the powers of the authority, notwithstanding the existence of any vacancy. The members of the board of directors specified under sub. (1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995 Wisconsin Act 27, section 9159 (2). The board of directors may take action upon a vote of a majority of the members present, unless the bylaws of the authority require a larger number.

AB883, s. 9 Section 9. 233.06 of the statutes is created to read:

AB883,9,8 233.06 Conflicts of interest prohibited. (1) The authority may not contract with any person who employs or is affiliated with a member of the board of directors appointed under s. 233.02 (1) (a) or (i) or in which the member has an ownership interest. No person may contract with the authority if the person employs or is affiliated with a member of the board of directors appointed under s. 233.02 (1) (a) or (i). The prohibitions in this subsection also apply to a former board member appointed under s. 233.02 (1) (a) or (i) for one year following the expiration of his or her term or following resignation from the board of directors.

AB883,9,11 (2) A person who is a party to a contract violating sub. (1) may be subject to a forfeiture of not more than $10,000 for each violation. Each day of violation constitutes a separate offense.

AB883, s. 10 Section 10. 233.20 (1m) of the statutes is renumbered 233.20 (1m) (intro.) and amended to read:

AB883,9,14 233.20 (1m) (intro.) The authority may issue bonds only if a all of the following:

AB883,9,21 (a) A majority of the board of directors determines that, to the extent possible without having an adverse impact on the ability of the authority to sell bonds at a given interest rate, the terms on which the bonds are to be offered are structured in such a way as to accommodate the possibility of the early termination of the lease or affiliation agreement, or both. The board shall base a determination under this subsection paragraph on the best information available to the board at the time the determination is made.

AB883, s. 11 Section 11. 233.20 (1m) (b) of the statutes is created to read:

AB883,9,25 233.20 (1m) (b) If the bonds to be issued will fund capital construction or remodeling, the authority submits a report to the joint committee on finance demonstrating that the authority will have adequate staff for patient care at the facility whose construction or remodeling is to be funded by the bonds, and the committee approves the issuance of the bonds.

AB883, s. 12 Section 12 . Nonstatutory provisions.

AB883,10,10 (1) Notwithstanding sections 15.96 and 233.02 (1) of the statutes, the member of the University of Wisconsin Hospitals and Clinics Authority board appointed under section 15.96 (1) and (8) of the statutes and the member of the board of directors of the University of Wisconsin Hospitals and Clinics Authority appointed under section 233.02 (1) (a) and (h) of the statutes who are members of the board or board of directors immediately before the effective date of this subsection are removed on May 1, 2002, or on the effective date of this subsection, whichever is later.

AB883,10,14 (2) Notwithstanding section 15.96 (1) and (8) of the statutes, the members of the University of Wisconsin Hospitals and Clinics board who are appointed under section 15.96 (1) and (8) of the statutes on or after the effective date of this subsection are appointed for the following initial terms:

AB883,10,16 (a) One of the members under section 15.96 (1) of the statutes, for a term expiring on May 1, 2003.

AB883,10,19 (b) One of the members under section 15.96 (1) of the statutes and one of the members under section 15.96 (8) of the statutes, as affected by this act, for terms expiring on May 1, 2004.

AB883,10,22 (c) One of the members under section 15.96 (1) of the statutes and one of the members under section 15.96 (8) of the statutes, as affected by this act, for a term expiring on May 1, 2005.

AB883,11,2 (3) Notwithstanding section 233.02 (1) (a) and (h) of the statutes, the members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority who are appointed under section 233.02 (1) (a) and (h) of the statutes on or after the effective date of this subsection are appointed for the following initial terms:

AB883,11,4 (a) One of the members under section 233.02 (1) (a) of the statutes, for a term expiring on May 1, 2003.

AB883,11,7 (b) One of the members under section 233.02 (1) (a) of the statutes and one of the members under section 233.02 (1) (h) of the statutes, as affected by this act, for a term expiring on May 1, 2004.

AB883,11,10 (c) One of the members under section 233.02 (1) (a) of the statutes and one of the members under section 233.02 (1) (h) of the statutes, as affected by this act, for a term expiring on May 1, 2005.

AB883,11,13 (4) Notwithstanding section 15.96 (9) of the statutes, as created by this act, the members of the University of Wisconsin Hospitals and Clinics board are appointed for the following initial terms:

AB883,11,15 (a) Two of the members appointed under section 15.96 (9) of the statutes, as created by this act, for terms expiring on May 1, 2004.

AB883,11,17 (b) Two of the members appointed under section 15.96 (9) of the statutes, as created by this act, for terms expiring on May 1, 2005.

AB883,11,20 (5) Notwithstanding section 233.02 (1) (i) of the statutes, as created by this act, the members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority are appointed for the following initial terms:

AB883,11,22 (a) Two of the members appointed under section 233.02 (1) (i) of the statutes, as created by this act, for terms expiring on May 1, 2004.

AB883,11,24 (b) Two of the members appointed under section 233.02 (1) (i) of the statutes, as created by this act, for terms expiring on May 1, 2005.

AB883,12,3 (6) By the first day of the 25th month after the effective date of this subsection, the legislative audit bureau shall audit the University of Wisconsin Hospitals and Clinics Authority to evaluate the retention and recruitment of nursing staff.

AB883, s. 13 Section 13. Initial applicability.

AB883,12,6 (1) The treatment of section 233.20 (1m) (b) of the statutes first applies to bonds issued on the effective date of this subsection.

AB883,12,8 (2) The treatment of section 233.06 of the statutes first applies to contracts entered into, extended, or modified on the effective date of this subsection.

AB883, s. 14 Section 14. Effective dates. This act takes effect on the first day of the 10th month following publication, except as follows:

AB883,12,12 (1) The treatment of sections 15.96 (9) and 233.02 (1) (i) of the statutes and Section 12 (4) and (5) of this act take effect on the day after publication.

AB883,12,13 (End)