Amendment ASA-AB150

AB150-ASA,1898,24 (4r) (a) Not contract for those services that are provided to the authority by the University of Wisconsin Hospitals and Clinics Board by state employes in the collective bargaining units specified in s. 111.825 (1m) with any person other than the University of Wisconsin Hospitals and Clinics Board.

AB150-ASA,1899,3 (b) The authority shall not employ or retain any person to perform the services specified in par. (a) other than a person employed by the University of Wisconsin Hospitals and Clinics Board.

AB150-ASA,1899,5 (5) Establish the authority's annual budget and monitor the fiscal management of the authority.

AB150-ASA,1899,7 (6) Procure liability insurance covering its officers, employes and agents and procure insurance against any loss in connection with its property and other assets.

AB150-ASA,1899,11 (7) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate and enter into a lease agreement with the board of regents to lease the on-campus facilities beginning on June 29, 1996, for an initial period of not more than 5 years. The lease agreement shall include all of the following:

AB150-ASA,1899,15 (a) A provision that requires the authority to pay the state an amount determined under this paragraph for the lease of the on-campus facilities that are leased under the agreement. The amount of the rental payment for the on-campus facilities may not be less than the greater of the following:

AB150-ASA,1899,21 1. An amount equal to the debt service accruing during the term of the lease agreement on all outstanding bonds issued by the state for the purpose of financing the acquisition, construction or improvement of on-campus facilities that are leased under the agreement, regardless of whether these bonds are issued before or after the lease agreement is entered into. The definition of "bond" under s. 233.01 (4) does not apply to this subdivision.

AB150-ASA,1899,23 2. A nominal amount determined by the parties to be necessary to prevent the lease agreement from being unenforceable because of a lack of consideration.

AB150-ASA,1900,3 (b) A provision that requires the authority to conduct its operations in such a way so that it will not adversely affect the exclusion of interest on bonds issued by the state from gross income under 26 USC 103 for federal income tax purposes.

AB150-ASA,1900,4 (c) A provision that gives the state ownership of all of the following:

AB150-ASA,1900,6 1. Any improvements or modifications made by the authority to on-campus facilities that are leased to the authority under the lease agreement.

AB150-ASA,1900,7 2. Any facility that the authority constructs on state-owned land.

AB150-ASA,1900,10 (d) A provision that specifies an amount and that exempts any construction or improvement project on state-owned land that costs less than the amount from review and approval under s. 16.85 (14).

AB150-ASA,1900,14 (e) Any provision necessary to ensure that the general management and operation of the on-campus facilities are consistent with the mission and responsibilities of the University of Wisconsin System specified in ss. 36.01 and 36.09.

AB150-ASA,1900,18 (f) A provision that requires the board of regents to make a payment to the authority on June 28, 1996, equal to the unencumbered balance in the appropriation account under s. 20.285 (1) (kb), 1993 stats., on such date and requires the authority to accept liability for all encumbrances against the appropriation on that date.

AB150-ASA,1900,24 (g) A provision that protects the board of regents from all liability associated with the management, operation, use or maintenance of the on-campus facilities. No such provision shall make the authority liable for the acts or omissions of any officer, employe or agent of the board of regents, including any student who is enrolled at an institution or center within the University of Wisconsin System, unless the officer, employe or agent acts at the direction of the authority.

AB150-ASA,1900,25 (h) A provision on a mechanism for the resolution of disputes.

AB150-ASA,1901,13 (7g) (a) Submit any modification, extension or renewal of the lease agreement under sub. (7) to the joint committee on finance. No extension or renewal of the lease agreement may be for a period of more than 5 years. If the cochairpersons of the committee do not notify the authority and the board of regents that the committee has scheduled a meeting for the purpose of reviewing the modification, extension or renewal of the agreement within 14 working days after the date of the submittal under this paragraph, the modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents. If, within 14 working days after the date of the submittal under this paragraph, the cochairpersons of the committee notify the authority and the board of regents that the committee has scheduled a meeting for the purpose of reviewing the proposed modification, extension or renewal of the agreement, the modification, extension or renewal of the agreement may be made only upon approval of the committee.

AB150-ASA,1901,18 (b) If the committee schedules a meeting under par. (a) with respect to an extension or renewal of the agreement and does not approve the agreement, the on-campus facilities and all assets and liabilities, tangible personal property, contracts, rules, policies and procedures and pending matters of the authority shall transfer to or otherwise become the obligation of the board of regents.

AB150-ASA,1901,23 (7m) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate and enter into an affiliation agreement with the board of regents. The affiliation agreement shall take effect on June 29, 1996. The initial period of the affiliation agreement shall run concurrently with the initial period of the lease agreement under sub. (7), and the affiliation agreement shall include all of the following:

AB150-ASA,1902,3 (a) A provision that ensures the authority retains cash reserves at a level not lower than the level recommended by the independent auditor specified under sub. (1).

AB150-ASA,1902,5 (b) Provisions that ensure support of the educational, research and clinical activities of the University of Wisconsin-Madison by the authority.

AB150-ASA,1902,9 (c) A provision that requires the development of standards relating to the selection and financing by the authority of any corporation or partnership that provides health-related services. The standards shall be consistent with the missions of the authority and the board of regents.

AB150-ASA,1902,11 (d) A provision that requires the board of regents to make reasonable charges for any services provided by the board of regents to the authority.

AB150-ASA,1902,12 (e) A provision establishing a mechanism for the resolution of disputes.

AB150-ASA,1902,25 (7p) (a) Submit any modification, extension or renewal of the affiliation agreement under sub. (7m) to the joint committee on finance. No extension or renewal of the affiliation agreement may be for a period of more than 5 years. If the cochairpersons of the committee do not notify the authority and the board of regents that the committee has scheduled a meeting for the purpose of reviewing the modification, extension or renewal of the agreement within 14 working days after the date of the submittal under this paragraph, the modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents. If, within 14 working days after the date of the submittal under this paragraph, the cochairpersons of the committee notify the authority and the board of regents that the committee has scheduled a meeting for the purpose of reviewing the proposed modification, extension or renewal of the agreement, the modification, extension or renewal of the agreement may be made only upon approval of the committee.

AB150-ASA,1903,5 (b) If the committee schedules a meeting under par. (a) with respect to an extension or renewal of the agreement and does not approve the agreement, the on-campus facilities and all assets and liabilities, tangible personal property, contracts, rules, policies and procedures and pending matters of the authority shall transfer to or otherwise become the obligation of the board of regents.

AB150-ASA,1903,9 (7s) Prior to negotiation of extension or renewal of the initial lease agreement under sub. (7) or the initial affiliation agreement under sub. (7m), notify the legislative audit bureau and cooperate with the bureau in its performance of the audit required under s. 13.94 (1) (o).

AB150-ASA,1903,11 (8) Use the building commission as a financial consultant to assist and coordinate the issuance of bonds under this chapter.

AB150-ASA,1903,14 (9) Provide, on a monthly basis, the secretary of administration with such financial and statistical information as is required by the secretary of administration.

AB150-ASA,1903,17 (10) Operate a poison control center under s. 146.57. If Children's Hospital of Wisconsin in the city of Milwaukee ceases to operate a poison control center under s. 146.57, the authority shall administer a statewide poison control program.

AB150-ASA,1903,22 233.10 Appointment of employes; employe compensation and benefits. (1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act .... (this act), section 9159 (2) and (4), the authority shall employ such employes as it may require and shall determine the qualifications and duties of its employes. Appointments to and promotions in the authority shall be made according to merit and fitness.

AB150-ASA,1904,2 (2) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage in collective bargaining with employes in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111, the authority shall determine all of the following:

AB150-ASA,1904,3 (a) The compensation of the employes of the authority.

AB150-ASA,1904,8 (b) The kinds of leave to which an employe of the authority is entitled, including paid annual leave of absence, paid sick leave and unpaid leave of absence, except that unused sick leave accumulated prior to July 1, 1997, shall be carried over and made available for the employe's use for appropriate sick leave purposes or for conversion as provided under s. 40.05 (4) (b), (bd), (be), (bm) or (bp).

AB150-ASA,1904,10 (c) Any other employment benefits to which an employe of the authority is entitled.

AB150-ASA,1904,12 (3) (a) In this subsection and subs. (3m), (4) and (6), "carry-over employe" means an employe of the authority who satisfies all of the following:

AB150-ASA,1904,14 1. The employe is offered employment by the authority on or before June 29, 1996.

AB150-ASA,1904,16 2. Immediately prior to beginning employment with the authority, the employe was employed by the state other than in an academic staff appointment.

AB150-ASA,1904,18 3. The position in which the employe was employed under subd. 2. was at the University of Wisconsin Hospital and Clinics.

AB150-ASA,1904,23 (b) If an employe of the authority is a member of a collective bargaining unit under subch. V of ch. 111 for which a representative has been recognized or certified, the authority shall, from June 29, 1996, to June 30, 1997, adhere to the terms of the carry-over employe's employment that are specified in the collective bargaining agreement covering the carry-over employe.

AB150-ASA,1905,2 (c) If an employe of the authority is a carry-over employe and is an employe to whom par. (b) does not apply, the authority shall, when setting the terms of the carry-over employe's employment during the period beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:

AB150-ASA,1905,5 1. Pay to the carry-over employe the same compensation that the employe would have received if he or she were employed by the state in the position at the University of Wisconsin Hospitals and Clinics on June 29, 1996.

AB150-ASA,1905,10 2. Grant to the carry-over employe, except when he or she is on an unpaid leave of absence, a paid holiday on each of the days specified in s. 230.35 (4) (a) as of the last day of the employe's employment as a state employe and holiday compensatory time off as specified in s. 230.35 (4) (b) as of the last day of the employe's employment as a state employe if the employe was entitled to those benefits on that day.

AB150-ASA,1905,13 3. Grant to the carry-over employe the same paid annual leave of absence, paid sick leave and unpaid leave of absence that the employe received as of the last day of his or her employment as a state employe.

AB150-ASA,1905,19 4. Grant to the carry-over employe military leave, treatment of military leave, jury service leave and voting leave in accordance with s. 230.35 (3) and (4) (e) and, to the extent applicable, rules of the department of employment relations governing such leaves for employes in the classified service as of the last day of the employe's employment as a state employe if the employe was entitled to those benefits on that day.

AB150-ASA,1905,22 5. Grant to the carry-over employe the same opportunity for employe training provided under s. 230.046 as of the last day of his or her employment as a state employe if the employe was entitled to those benefits on that day.

AB150-ASA,1906,2 (d) If an employe of the authority is not a carry-over employe and is an employe to whom par. (b) does not apply, the authority shall, from June 29, 1996, to June 30, 1997, provide that employe the same rights, benefits and compensation provided to a carry-over employe under par. (c) who holds a position at the authority with similar duties.

AB150-ASA,1906,9 (3m) Unless expressly prohibited under ch. 40 or under federal law, and, for a carry-over employe who is a member of a collective bargaining unit under subch. V of ch. 111 for which a representative has been recognized or certified, subject to a collective bargaining agreement under subch. V of ch. 111, the authority shall, from June 29, 1996, to June 30, 1997, not change to the detriment of a carry-over employe any employe benefit plan provided to the carry-over employe as of the last day of the employe's employment as a state employe.

AB150-ASA,1906,11 (3r) (a) In this subsection and sub. (3t), "carry-over employe" means an employe of the authority who satisfies all of the following:

AB150-ASA,1906,13 1. The employe is offered employment by the authority on or before June 29, 1996.

AB150-ASA,1906,15 2. Immediately prior to beginning employment with the authority, the employe was employed in an academic staff appointment.

AB150-ASA,1906,17 3. The position in which the employe was employed under subd. 2. was at the University of Wisconsin Hospital and Clinics.

AB150-ASA,1906,20 (b) If an employe of the authority is a carry-over employe, the authority shall, when setting the terms of the carry-over employe's employment for the period beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:

AB150-ASA,1906,24 1. Enter into an employment contract for such period with the carry-over employe. For such period, the contract shall provide the carry-over employe with the same procedural guarantees provided to persons having academic staff appointments under s. 36.15 on June 29, 1996.

AB150-ASA,1907,4 2. Pay to the carry-over employe the same compensation that the employe would have received if he or she were employed by the state in his or her academic staff appointment at the University of Wisconsin Hospitals and Clinics on June 29, 1996.

AB150-ASA,1907,11 3. Grant to the carry-over employe, except when he or she is on an unpaid leave of absence, a paid holiday on each of the days specified as a holiday in policies and procedures established by the board of regents under s. 36.15 (2) as of the last day of the employe's employment as a state employe and any holiday compensatory time off that may be specified in policies and procedures established by the board of regents under s. 36.15 (2) as of the last day of the employe's employment in the academic staff appointment.

AB150-ASA,1907,14 4. Grant to the carry-over employe the same paid annual leave of absence, paid sick leave and unpaid leave of absence that the employe received as of the last day of his or her employment in the academic staff appointment.

AB150-ASA,1907,18 5. Grant to the carry-over employe military leave, treatment of military leave, jury service leave and voting leave in accordance with policies and procedures established by the board of regents under s. 36.15 (2) and, as of the last day of the employe's employment in the academic staff appointment.

AB150-ASA,1907,22 6. Grant to the carry-over employe the same opportunity for any employe training that may be provided under policies and procedures established by the board of regents under s. 36.15 (2) as of the last day of his or her employment in the academic staff appointment.

AB150-ASA,1908,2 (3t) Unless expressly prohibited under ch. 40 or under federal law, the authority shall, from June 29, 1996, to June 30, 1997, not change to the detriment of a carry-over employe any employe benefit plan provided to the carry-over employe as of the last day of the employe's employment in the academic staff appointment.

AB150-ASA,1908,8 (4) Notwithstanding the requirement that an employe be a state employe, a carry-over employe of the authority who was employed in a position in the classified service immediately prior to beginning employment with the authority shall, from June 29, 1996, to June 30, 1997, have the same transfer rights under s. 230.29 and the rules of the department of employment relations governing transfers as a person who holds a position in the classified service.

AB150-ASA,1908,10 (6) An employe of the authority to whom s. 230.44 (1) (g) applies may appeal personnel decisions of the authority to the personnel commission.

AB150-ASA,1908,12 233.13 Closed records. Except as provided in s. 103.13, the authority may keep records of the following personnel matters closed to the public:

AB150-ASA,1908,13 (1) Examination scores and ranks and other evaluations of applicants.

AB150-ASA,1908,14 (2) Dismissals, demotions and other disciplinary actions.

AB150-ASA,1908,15 (3) Addresses and home telephone numbers of employes.

AB150-ASA,1908,16 (4) Pay survey data obtained from identifiable nonpublic employers.

AB150-ASA,1908,17 (5) Names of nonpublic employers contributing pay survey data.

AB150-ASA,1908,21 233.17 Liability limited. (1) Neither the state, any political subdivision of the state nor any officer, employe or agent of the state or a political subdivision who is acting within the scope of employment or agency is liable for any debt, obligation, act or omission of the authority.

AB150-ASA,1908,25 (2) (a) No officer, employe or agent of the board of regents, including any student who is enrolled at an institution or center within the University of Wisconsin System, is an agent of the authority unless the officer, employe or agent acts at the express written direction of the authority.

AB150-ASA,1909,3 (b) Notwithstanding par. (a), no member of the faculty or academic staff of the University of Wisconsin System, acting within the scope of his or her employment, may be considered, for liability purposes, as an agent of the authority.

AB150-ASA,1909,6 233.20 Issuance of bonds. (1) The authority may issue bonds for any corporate purpose. All bonds are negotiable for all purposes, notwithstanding their payment from a limited source.

AB150-ASA,1909,9 (2) The bonds of each issue shall be payable from sources specified in the bond resolution under which the bonds are issued or in a related trust agreement, trust indenture, indenture of mortgage or deed of trust.

AB150-ASA,1909,20 (3) The authority may not issue bonds unless the issuance is first authorized by a bond resolution. Bonds shall bear the dates, mature at the times not exceeding 30 years from their dates of issue, bear interest at the rates, be payable at the times, be in the denominations, be in the form, carry the registration and conversion privileges, be executed in the manner, be payable in lawful money of the United States at the places, and be subject to the terms of redemption, that the bond resolution provides. The bonds shall be executed by the manual or facsimile signatures of the officers of the authority designated by the board. The bonds may be sold at public or private sale at the price, in the manner and at the time determined by the board. Pending preparation of definitive bonds, the authority may issue interim receipts or certificates that shall be exchanged for the definitive bonds.

AB150-ASA,1909,23 (4) Any bond resolution may contain provisions, which shall be a part of the contract with the holders of the bonds that are authorized by the bond resolution, regarding any of the following:

AB150-ASA,1909,24 (a) Pledging or assigning specified assets or revenues of the authority.

AB150-ASA,1910,2 (b) Setting aside reserves or sinking funds, and the regulation, investment and disposition of these funds.

AB150-ASA,1910,4 (c) Limitations on the purpose to which or the investments in which the proceeds of the sale of any issue of bonds may be applied.

AB150-ASA,1910,7 (d) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds.

AB150-ASA,1910,8 (e) Funding, refunding, advance refunding or purchasing outstanding bonds.

AB150-ASA,1910,11 (f) Procedures, if any, by which the terms of any contract with bondholders may be amended, the amount of bonds the holders of which must consent to the amendment and the manner in which this consent may be given.

AB150-ASA,1910,14 (g) Defining the acts or omissions to act that constitute a default in the duties of the authority to the bondholders, and providing the rights and remedies of the bondholders in the event of a default.

AB150-ASA,1910,15 (h) Other matters relating to the bonds that the board considers desirable.

AB150-ASA,1910,19 (5) Neither the members of the board nor any person executing the bonds is liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance of the bonds, unless the personal liability or accountability is the result of wilful misconduct.

AB150-ASA,1911,3 233.21 Bond security. The authority may secure bonds by a trust agreement, trust indenture, indenture of mortgage or deed of trust by and between the authority and one or more corporate trustees. A bond resolution providing for the issuance of bonds so secured shall mortgage, pledge, assign or grant security interests in some or all of the revenues to be received by, and property of, the authority and may contain those provisions for protecting and enforcing the rights and remedies of the bondholders that are reasonable and proper and not in violation of law. A bond resolution may contain other provisions determined by the board to be reasonable and proper for the security of the bondholders.

AB150-ASA,1911,9 233.22 Bonds not public debt. (1) The state is not liable on bonds and the bonds are not a debt of the state. All bonds shall contain a statement to this effect on the face of the bond. A bond issue does not, directly or indirectly or contingently, obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of the bonds. Nothing in this section prevents the authority from pledging its full faith and credit to the payment of bonds.

AB150-ASA,1911,19 (2) Nothing in this chapter authorizes the authority to create a debt of the state, and all bonds issued by the authority are payable, and shall state that they are payable, solely from the funds pledged for their payment in accordance with the bond resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security for the bonds. The state is not liable for the payment of the principal of or interest on a bond or for the performance of any pledge, mortgage, obligation or agreement that may be undertaken by the authority. The breach of any pledge, mortgage, obligation or agreement undertaken by the authority does not impose pecuniary liability upon the state or a charge upon its general credit or against its taxing power.

AB150-ASA,1912,2 233.23 State pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with the authority under this chapter, that the state will not limit or alter the rights vested in the authority by this chapter before the authority has fully met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with the authority.