AB150-engrossed,2054,4
20230.213 Affirmative action procedures for corrections positions. The
21administrator may, to meet affirmative action objectives, establish such recruitment,
22examination and certification procedures for positions in the department of
23corrections as will enable the department of corrections to increase the number of
24employes of a specified gender or a specified racial or ethnic group in those positions.
25The administrator shall design the procedures to obtain a work force in the
1department of corrections that reflects the relevant labor pool. The administrator
2may determine the relevant labor pool from the population of the state or of a
3particular geographic area of the state, whichever is more appropriate for achieving
4the affirmative action objective.
AB150-engrossed,2054,87
230.29
(1) A Subject to sub. (2), a transfer may be made from one position to
8another only if specifically authorized by the administrator.
AB150-engrossed,2054,1110
230.29
(2) This section does not apply to an employe of the University of
11Wisconsin Hospitals and Clinics Board.
AB150-engrossed,2054,1413
230.35
(1m) (a) 2. A position designated in s. 19.42 (10) (L) or 20.923 (4), (4m)
, 14and (8)
and (9).
AB150-engrossed,2055,216
230.35
(2) Leave of absence with pay owing to sickness and leave of absence
17without pay, other than annual leave and leave under s. 103.10, shall be regulated
18by rules of the secretary, except that unused sick leave shall accumulate from year
19to year. After July 1, 1973, employes appointed to career executive positions under
20the program established under s. 230.24 or positions designated in s. 19.42 (10) (L)
21or 20.923 (4), (4m)
, and (8)
and (9) or authorized under s. 230.08 (2) (e) shall have any
22unused sick leave credits restored if they are reemployed in a career executive
23position or in a position under s. 19.42 (10) (L) or 20.923 (4), (4m)
, and (8)
and (9) or
24authorized under s. 230.08 (2) (e), regardless of the duration of their absence.
1Restoration of unused sick leave credits if reemployment is to a position other than
2those specified above shall be in accordance with rules of the secretary.
AB150-engrossed,2056,114
230.36
(1) If a conservation warden, conservation patrol boat captain,
5conservation patrol boat engineer, state forest ranger, conservation field employe of
6the department of natural resources who is subject to call for fire control duty,
7member of the state patrol, state motor vehicle inspector, lifeguard, excise tax
8investigator employed by the department of revenue, special criminal investigation
9agent employed by the department of justice, special tax agent, state drivers' license
10examiner, state fair park police officer, University of Wisconsin System police officer
11and other state facilities police officer and patrol officer, security officer, watcher,
12engineer, engineering aide, building construction superintendent, fire fighter
13employed at the Wisconsin Veterans Home, or guard or institutional aide or a state
14probation and parole officer or any other employe whose duties include supervision
15and discipline of inmates or wards of the state at a state penal institution, including
16a secured correctional facility, as defined in s. 48.02 (15m), or while on parole
17supervision outside of the confines of the institutions, or supervision of persons
18placed on probation
or community supervision by a court of record, or supervision
19and care of patients at a state mental institution, and
university of Wisconsin
20hospital and clinics the University of Wisconsin Hospitals and Clinics suffers injury
21while in the performance of his or her duties, as defined in subs. (2) and (3); or any
22other state employe
who is not listed in this subsection and who is ordered by his or
23her appointing authority to accompany any employe listed in this subsection while
24the listed employe is engaged in the duties defined in sub. (3), or any other state
25employe
who is not listed in this subsection and who is ordered by his or her
1appointing authority to perform the duties, when permitted, in lieu of the listed
2employe and while so engaged in the duties defined in sub. (3), suffers injury as
3defined in sub. (2) the employe shall continue to be fully paid by the employing
4agency upon the same basis as paid prior to the injury, with no reduction in sick leave
5credits, compensatory time for overtime accumulations or vacation and no reduction
6in the rate of earning sick leave credit or vacation. The full pay shall continue while
7the employe is unable to return to work as the result of the injury or until the
8termination of his or her employment upon recommendation of the appointing
9authority. At any time during the employe's period of disability the appointing
10authority may order physical or medical examinations to determine the degree of
11disability at the expense of the employing agency.
AB150-engrossed,2056,1713
230.36
(3) (c) (intro.) A guard, institution aide, or other employe at the
14university of Wisconsin hospital and clinics University of Wisconsin Hospitals and
15Clinics or at a state penal or mental institution, including a secured correctional
16facility, as defined in s. 48.02 (15m), and a state probation and parole officer, at all
17times while:
AB150-engrossed,2056,2219
230.36
(6) Any person who is employed by the University of Wisconsin
20Hospitals and Clinics Authority, who suffers an injury as defined in sub. (2) between
21June 29, 1996, and June 30, 1997, shall be covered under this section if the person,
22had he or she been a state employe, would have been covered under this section.
AB150-engrossed,2057,324
230.44
(1) (g)
Decisions by the University of Wisconsin Hospitals and Clinics
25Authority. Appeal of a personnel decision by the chief executive officer of the
1University of Wisconsin Hospitals and Clinics Authority, or by a person delegated by
2the chief executive officer to make personnel decisions, if all of the following
3conditions are satisfied:
AB150-engrossed,2057,54
1. The appeal is by an employe of the authority who holds a position that would
5be included in the classified service if the employe were a state employe.
AB150-engrossed,2057,76
2. The personnel decision is a demotion, layoff, suspension, discharge or
7reduction in base pay and the appeal alleges that the decision was not for just cause.
AB150-engrossed, s. 6290
8Section
6290. 230.44 (1) (g) of the statutes, as created by 1995 Wisconsin Act
9.... (this act), is repealed.
AB150-engrossed,2057,1211
230.45
(1) (e) Hear appeals, when authorized under county merit system rules
12under s.
49.50 49.33 (4), from any interested party.
AB150-engrossed,2057,1814
230.45
(3) The commission shall promulgate rules establishing a schedule of
15filing fees to be paid by any person who files an appeal under sub. (1) (c) or (e) or s.
16230.44 (1) (a) or (b) with the commission on or after the effective date of the rules
17promulgated under this subsection. Fees paid under this subsection shall be
18deposited in the general fund as general purpose revenue — earned.
AB150-engrossed,2058,220
230.80
(4) "Governmental unit" means any association, authority, board,
21commission, department, independent agency, institution, office, society or other
22body in state government created or authorized to be created by the constitution or
23any law, including the legislature, the office of the governor and the courts.
24"Governmental unit" does not mean
the University of Wisconsin Hospitals and
25Clinics Authority or any political subdivision of the state or body within one or more
1political subdivisions which is created by law or by action of one or more political
2subdivisions.
AB150-engrossed,2058,44
231.01
(5) (a) 6. The University of Wisconsin Hospitals and Clinics Authority.
AB150-engrossed,2058,216
231.13
(2) The authority shall pledge the revenues derived and to be derived
7from a project and other related health facilities, educational facilities or child care
8centers for the purposes specified in sub. (1), and additional bonds may be issued
9which may rank on a parity with other bonds relating to the project to the extent and
10on the terms and conditions provided in the bond resolution. Such pledge shall be
11valid and binding from the time when the pledge is made, the revenues so pledged
12by the authority shall immediately be subject to the lien of such pledge without any
13physical delivery thereof or further act and the lien of any such pledge shall be valid
14and binding as against all parties having claims of any kind in tort, contract or
15otherwise against the authority, irrespective of whether such parties have notice
16thereof. Neither the bond resolution nor any financing statement, continuation
17statement or other instrument by which a pledge is created or by which the
18authority's interest in revenues is assigned need be filed or recorded in any public
19records in order to perfect the lien thereof as against 3rd parties, except that a copy
20thereof shall be filed in the records of the authority and with the
secretary of state 21department of financial institutions.
AB150-engrossed,2059,7
23231.20 Waiver of construction and bidding requirements. In exercising
24its powers under s. 101.12, the department of
industry, labor and human relations 25development or any city, village, town or county may, within its discretion for proper
1cause shown, waive any particular requirements relating to public buildings,
2structures, grounds, works and improvements imposed by law upon projects under
3this chapter; the requirements of s. 101.13 may not be waived, however. If, however,
4the prospective lessee so requests in writing, the authority shall, through the
5participating health institution, participating educational institution or
6participating child care provider as its agent, call for construction bids in such
7manner as is determined by the authority with the approval of the lessee.
AB150-engrossed,2059,119
231.35
(3) (intro.) Subject to sub. (4), the authority may guarantee a loan under
10this section
that is made on or before the effective date of this subsection .... [revisor
11inserts date], if all of the following apply:
AB150-engrossed,2059,1713
231.35
(6) (b) The authority may use money from the rural hospital loan fund
14to guarantee loans
that it makes made for the purposes described in sub. (3) (b), if
15the authority sets out the terms and conditions of the guarantee in a guarantee
16agreement that complies with the rules promulgated by the department of
17development under sub. (7) (b).
AB150-engrossed,2059,2119
Chapter 233
20
University of Wisconsin
21
hospitals and Clinics authority
AB150-engrossed,2059,22
22233.01 Definitions. In this chapter:
AB150-engrossed,2059,24
23(1) "Authority" means the University of Wisconsin Hospitals and Clinics
24Authority.
AB150-engrossed,2059,25
25(2) "Board of directors" means the governing board of the authority.
AB150-engrossed,2060,2
1(3) "Board of regents" means the board of regents of the University of Wisconsin
2System.
AB150-engrossed,2060,5
3(4) "Bond" means a bond, note or other obligation of the authority issued under
4this chapter, including any refunding bond, other than the lease agreement or
5indebtedness described under s. 233.03 (12).
AB150-engrossed,2060,9
6(5) "Bond resolution" means a resolution of the board of directors authorizing
7the issuance of, or providing terms and conditions related to, bonds and includes,
8where appropriate, any trust agreement, trust indenture, indenture of mortgage or
9deed of trust providing terms and conditions for bonds.
AB150-engrossed,2060,13
10(6) "Lease agreement" means the lease agreement that is required to be
11entered into between the board of directors and the board of regents under s. 233.04
12(7) or a lease agreement that is entered into between the board of directors and the
13board of regents under s. 233.04 (7g).
AB150-engrossed,2060,17
14(7) "On-campus facilities" means facilities that are located on land owned by
15the state, that are under the control of the board of regents and that are primarily
16related to the operation of the University of Wisconsin Hospitals and Clinics and its
17related services.
AB150-engrossed,2060,21
18233.02 University of Wisconsin Hospitals and Clinics Authority:
19creation; organization of board of directors. (1) There is created a public body
20corporate and politic to be known as the "University of Wisconsin Hospitals and
21Clinics Authority". The board of directors shall consist of the following members:
AB150-engrossed,2060,2322
(a) Three members nominated by the governor, and with the advice and consent
23of the senate appointed, for 3-year terms.
AB150-engrossed,2060,2524
(b) Three members of the board of regents appointed by the president of the
25board of regents.
AB150-engrossed,2061,2
1(c) The chancellor of the University of Wisconsin-Madison or his or her
2designee.
AB150-engrossed,2061,33
(d) The dean of the University of Wisconsin-Madison Medical School.
AB150-engrossed,2061,54
(e) A chairperson of a department at the University of Wisconsin-Madison
5Medical School, appointed by the chancellor of the University of Wisconsin-Madison.
AB150-engrossed,2061,86
(f) A faculty member of a University of Wisconsin-Madison health professions
7school, other than the University of Wisconsin-Madison Medical School, appointed
8by the chancellor of the University of Wisconsin-Madison.
AB150-engrossed,2061,99
(g) The secretary of administration or his or her designee.
AB150-engrossed,2061,1510
(h) Two nonvoting members appointed by the governor, one of whom shall be
11an employe or a representative of a labor organization recognized or certified to
12represent employes in one of the collective bargaining units specified in s. 111.05 (5)
13(a) and one of whom shall be an employe or a representative of a labor organization
14recognized or certified to represent employes in one of the collective bargaining units
15specified in s. 111.825 (1m).
AB150-engrossed,2061,18
16(2) A vacancy on the board of directors shall be filled in the same manner as
17the original appointment to the board of directors for the remainder of the unexpired
18term, if any.
AB150-engrossed,2061,21
19(3) A member of the board of directors may not be compensated for his or her
20services but shall be reimbursed for actual and necessary expenses, including travel
21expenses, incurred in the performance of his or her duties.
AB150-engrossed,2061,25
22(4) No cause of action of any nature may arise against and no civil liability may
23be imposed upon a member of the board of directors for any act or omission in the
24performance of his or her powers and duties under this chapter, unless the person
25asserting liability proves that the act or omission constitutes wilful misconduct.
AB150-engrossed,2062,8
1(8) The members of the board of directors shall annually elect a chairperson
2and may elect other officers as they consider appropriate. Six voting members of the
3board of directors constitute a quorum for the purpose of conducting the business and
4exercising the powers of the authority, notwithstanding the existence of any vacancy.
5The members of the board of directors specified under sub. (1) (c) and (g) may not be
6the chairperson of the board of directors for purposes of 1995 Wisconsin Act .... (this
7act), section 9159 (2). The board of directors may take action upon a vote of a majority
8of the members present, unless the bylaws of the authority require a larger number.
AB150-engrossed,2062,19
9(9) The board of directors shall appoint a chief executive officer who shall not
10be a member of the board of directors and who shall serve at the pleasure of the board
11of directors. The chief executive officer shall receive such compensation as the board
12of directors fixes. The chief executive officer or other person designated by resolution
13of the board of directors shall keep a record of the proceedings of the authority and
14shall be custodian of all books, documents and papers filed with the authority, the
15minute book or journal of the authority and its official seal. The chief executive
16officer or other person may cause copies to be made of all minutes and other records
17and documents of the authority and may give certificates under the official seal of
18the authority to the effect that such copies are true copies, and all persons dealing
19with the authority may rely upon such certificates.
AB150-engrossed,2062,22
20233.03 Powers of authority. The authority shall have all the powers
21necessary or convenient to carry out the purposes and provisions of this chapter. In
22addition to all other powers granted by this chapter, the authority may:
AB150-engrossed,2062,24
23(1) Adopt bylaws and policies and procedures for the regulation of its affairs
24and the conduct of its business.
AB150-engrossed,2063,6
1(2) Sue and be sued; have a seal and alter the seal at pleasure; have perpetual
2existence; maintain an office; negotiate and enter into leases; accept gifts or grants,
3but not including research grants in which the grant investigator is an employe of
4the board of regents; accept bequests or loans; accept and comply with any lawful
5conditions attached to federal financial assistance; and make and execute other
6instruments necessary or convenient to the exercise of the powers of the authority.
AB150-engrossed,2063,7
7(5) Procure insurance on its debt obligations.
AB150-engrossed,2063,13
8(7) Subject to ss. 233.04 (4) to (4r) and 233.10 and ch. 40 and 1995 Wisconsin
9Act .... (this act), section 9159 (4), and the duty to engage in collective bargaining with
10employes in a collective bargaining unit for which a representative is recognized or
11certified under subch. V of ch. 111, employ any agent, employe or special advisor that
12the authority finds necessary and fix his or her compensation and provide any
13employe benefits, including an employe pension plan.
AB150-engrossed,2063,16
14(8) Appoint any technical or professional advisory committee that the
15authority finds necessary and define the duties, and provide reimbursement for the
16expenses, of the committee.
AB150-engrossed,2063,25
17(9) (a) With any other person, establish, govern and participate in the operation
18and financing of any corporation or partnership that provides health-related
19services, if the articles of incorporation of any such corporation conform with par. (b)
20and if the corporation or partnership provides the secretary of administration, the
21legislative fiscal bureau and the legislative audit bureau access to examine any
22books, records or other documents maintained by the corporation or partnership and
23relating to its expenditures, revenues, operations or structure. The authority may
24provide administrative and financial services to any such corporation or
25partnership.
AB150-engrossed,2064,3
1(b) The articles of incorporation of any corporation under par. (a) shall provide
2that the secretary of administration, the legislative fiscal bureau and the legislative
3audit bureau have the access required under par. (a).
AB150-engrossed,2064,9
4(10) Enter into procurement contracts with the board of regents or joint
5contracts with the board of regents for procurements from 3rd parties and may enter
6into other contracts, rental agreements and cooperative agreements and other
7necessary arrangements with the board of regents which may be necessary and
8convenient for the missions, purposes, objects and uses of the authority authorized
9by law.
AB150-engrossed,2064,10
10(11) Issue bonds in accordance with ss. 233.20 to 233.27.
AB150-engrossed,2064,12
11(12) Seek financing from, and incur indebtedness to, the Wisconsin Health and
12Educational Facilities Authority.
AB150-engrossed,2064,15
13(13) Construct or improve facilities that are on state-owned land, if approval
14requirements under s. 16.85 (14) are met and if the state agency having authority
15to approve construction or improvement projects on the land approves the project.
AB150-engrossed,2064,17
16(15) Acquire, design, construct or improve any facility that is not located on
17state-owned land.
AB150-engrossed,2064,18
18(16) Buy, sell and lease real estate.
AB150-engrossed,2064,19
19233.04 Duties of authority. The authority shall do all of the following:
AB150-engrossed,2065,2
20(1) By October 1, 1997, and annually thereafter, submit to the chief clerk of
21each house of the legislature under s. 13.172 (2), the president of the board of regents,
22the secretary of administration and the governor a report on the patient care,
23education, research and community service activities and accomplishments of the
24authority and an audited financial statement, certified by an independent auditor,
1of the authority's operations. The financial statement shall include a separate
2accounting of the use of the payment under sub. (7) (f).
AB150-engrossed,2065,4
3(2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a personnel
4structure and other employment policies for employes of the authority.
AB150-engrossed,2065,5
5(3) Contract for any legal services required for the authority.
AB150-engrossed,2065,12
6(3b) (b) Paragraph (a) does not apply unless a lease agreement under sub. (7)
7or (7g), an affiliation agreement under sub. (7m) or (7p), and a contractual services
8agreement under sub. (4) or (4m) are in effect that comply with all applicable
9requirements of those provisions. In the event any of these agreements are not in
10effect, the on-campus facilities and all assets and liabilities, tangible personal
11property, contracts, rules, policies and procedures and pending matters of the
12authority shall transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2065,18
13(4) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate
14and enter into a contractual services agreement with the University of Wisconsin
15Hospitals and Clinics Board for the provision of services by employes of the
16University of Wisconsin Hospitals and Clinics Board beginning on June 29, 1996, for
17an initial period of not more than 2 years. The agreement shall include all of the
18following:
AB150-engrossed,2065,2219
(a) A provision that requires the authority to make adequate payments to the
20University of Wisconsin Hospitals and Clinics Board for any services provided under
21the agreement in advance of their need by the University of Wisconsin Hospitals and
22Clinics Board to pay its employes for such services.
AB150-engrossed,2065,2323
(b) A provision on a mechanism for the resolution of disputes.
AB150-engrossed,2066,13
24(4m) (a) Submit any modification, extension or renewal of the contractual
25services agreement under sub. (4) to the joint committee on finance. No extension
1or renewal of the contractual services agreement may be for a period of more than
22 years. If the cochairpersons of the committee do not notify the authority and the
3University of Wisconsin Hospitals and Clinics Board that the committee has
4scheduled a meeting for the purpose of reviewing the modification, extension or
5renewal of the agreement within 14 working days after the date of the submittal
6under this paragraph, the modification, extension or renewal of the agreement may
7be made as proposed by the authority and the University of Wisconsin Hospitals and
8Clinics Board. If, within 14 working days after the date of the submittal under this
9paragraph, the cochairpersons of the committee notify the authority and the
10University of Wisconsin Hospitals and Clinics Board that the committee has
11scheduled a meeting for the purpose of reviewing the proposed modification,
12extension or renewal of the agreement, the modification, extension or renewal of the
13agreement may be made only upon approval of the committee.
AB150-engrossed,2066,1814
(b) If the committee schedules a meeting under par. (a) with respect to an
15extension or renewal of the agreement and does not approve the agreement, the
16on-campus facilities and all assets and liabilities, tangible personal property,
17contracts, rules, policies and procedures and pending matters of the authority shall
18transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2066,22
19(4r) (a) Not contract for those services that are provided to the authority by the
20University of Wisconsin Hospitals and Clinics Board by state employes in the
21collective bargaining units specified in s. 111.825 (1m) with any person other than
22the University of Wisconsin Hospitals and Clinics Board.
AB150-engrossed,2066,2523
(b) The authority shall not employ or retain any person to perform the services
24specified in par. (a) other than a person employed by the University of Wisconsin
25Hospitals and Clinics Board.
AB150-engrossed,2067,2
1(5) Establish the authority's annual budget and monitor the fiscal
2management of the authority.
AB150-engrossed,2067,4
3(6) Procure liability insurance covering its officers, employes and agents and
4procure insurance against any loss in connection with its property and other assets.
AB150-engrossed,2067,8
5(7) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate
6and enter into a lease agreement with the board of regents to lease the on-campus
7facilities beginning on June 29, 1996, for an initial period of not more than 5 years.
8The lease agreement shall include all of the following: