AB150-engrossed,2068,33
2. Any facility that the authority constructs on state-owned land.
AB150-engrossed,2068,64
(d) A provision that specifies an amount and that exempts any construction or
5improvement project on state-owned land that costs less than the amount from
6review and approval under s. 16.85 (14).
AB150-engrossed,2068,107
(e) Any provision necessary to ensure that the general management and
8operation of the on-campus facilities are consistent with the mission and
9responsibilities of the University of Wisconsin System specified in ss. 36.01 and
1036.09.
AB150-engrossed,2068,1411
(f) A provision that requires the board of regents to make a payment to the
12authority on June 28, 1996, equal to the unencumbered balance in the appropriation
13account under s. 20.285 (1) (kb), 1993 stats., on such date and requires the authority
14to accept liability for all encumbrances against the appropriation on that date.
AB150-engrossed,2068,2015
(g) A provision that protects the board of regents from all liability associated
16with the management, operation, use or maintenance of the on-campus facilities.
17No such provision shall make the authority liable for the acts or omissions of any
18officer, employe or agent of the board of regents, including any student who is
19enrolled at an institution or center within the University of Wisconsin System,
20unless the officer, employe or agent acts at the direction of the authority.
AB150-engrossed,2068,2121
(h) A provision on a mechanism for the resolution of disputes.
AB150-engrossed,2069,9
22(7g) (a) Submit any modification, extension or renewal of the lease agreement
23under sub. (7) to the joint committee on finance. No extension or renewal of the lease
24agreement may be for a period of more than 5 years. If the cochairpersons of the
25committee do not notify the authority and the board of regents that the committee
1has scheduled a meeting for the purpose of reviewing the modification, extension or
2renewal of the agreement within 14 working days after the date of the submittal
3under this paragraph, the modification, extension or renewal of the agreement may
4be made as proposed by the authority and the board of regents. If, within 14 working
5days after the date of the submittal under this paragraph, the cochairpersons of the
6committee notify the authority and the board of regents that the committee has
7scheduled a meeting for the purpose of reviewing the proposed modification,
8extension or renewal of the agreement, the modification, extension or renewal of the
9agreement may be made only upon approval of the committee.
AB150-engrossed,2069,1410
(b) If the committee schedules a meeting under par. (a) with respect to an
11extension or renewal of the agreement and does not approve the agreement, the
12on-campus facilities and all assets and liabilities, tangible personal property,
13contracts, rules, policies and procedures and pending matters of the authority shall
14transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2069,19
15(7m) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate
16and enter into an affiliation agreement with the board of regents. The affiliation
17agreement shall take effect on June 29, 1996. The initial period of the affiliation
18agreement shall run concurrently with the initial period of the lease agreement
19under sub. (7), and the affiliation agreement shall include all of the following:
AB150-engrossed,2069,2220
(a) A provision that ensures the authority retains cash reserves at a level not
21lower than the level recommended by the independent auditor specified under sub.
22(1).
AB150-engrossed,2069,2423
(b) Provisions that ensure support of the educational, research and clinical
24activities of the University of Wisconsin-Madison by the authority.
AB150-engrossed,2070,4
1(c) A provision that requires the development of standards relating to the
2selection and financing by the authority of any corporation or partnership that
3provides health-related services. The standards shall be consistent with the
4missions of the authority and the board of regents.
AB150-engrossed,2070,65
(d) A provision that requires the board of regents to make reasonable charges
6for any services provided by the board of regents to the authority.
AB150-engrossed,2070,77
(e) A provision establishing a mechanism for the resolution of disputes.
AB150-engrossed,2070,20
8(7p) (a) Submit any modification, extension or renewal of the affiliation
9agreement under sub. (7m) to the joint committee on finance. No extension or
10renewal of the affiliation agreement may be for a period of more than 5 years. If the
11cochairpersons of the committee do not notify the authority and the board of regents
12that the committee has scheduled a meeting for the purpose of reviewing the
13modification, extension or renewal of the agreement within 14 working days after the
14date of the submittal under this paragraph, the modification, extension or renewal
15of the agreement may be made as proposed by the authority and the board of regents.
16If, within 14 working days after the date of the submittal under this paragraph, the
17cochairpersons of the committee notify the authority and the board of regents that
18the committee has scheduled a meeting for the purpose of reviewing the proposed
19modification, extension or renewal of the agreement, the modification, extension or
20renewal of the agreement may be made only upon approval of the committee.
AB150-engrossed,2070,2521
(b) If the committee schedules a meeting under par. (a) with respect to an
22extension or renewal of the agreement and does not approve the agreement, the
23on-campus facilities and all assets and liabilities, tangible personal property,
24contracts, rules, policies and procedures and pending matters of the authority shall
25transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2071,4
1(7s) Prior to negotiation of extension or renewal of the initial lease agreement
2under sub. (7) or the initial affiliation agreement under sub. (7m), notify the
3legislative audit bureau and cooperate with the bureau in its performance of the
4audit required under s. 13.94 (1) (o).
AB150-engrossed,2071,6
5(8) Use the building commission as a financial consultant to assist and
6coordinate the issuance of bonds under this chapter.
AB150-engrossed,2071,9
7(9) Provide, on a monthly basis, the secretary of administration with such
8financial and statistical information as is required by the secretary of
9administration.
AB150-engrossed,2071,12
10(10) Operate a poison control center under s. 146.57. If Children's Hospital of
11Wisconsin in the city of Milwaukee ceases to operate a poison control center under
12s. 146.57, the authority shall administer a statewide poison control program.
AB150-engrossed,2071,17
13233.10 Appointment of employes; employe compensation and benefits. 14(1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act .... (this act), section 9159
15(2) and (4), the authority shall employ such employes as it may require and shall
16determine the qualifications and duties of its employes. Appointments to and
17promotions in the authority shall be made according to merit and fitness.
AB150-engrossed,2071,21
18(2) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage
19in collective bargaining with employes in a collective bargaining unit for which a
20representative is recognized or certified under subch. V of ch. 111, the authority shall
21determine all of the following:
AB150-engrossed,2071,2222
(a) The compensation of the employes of the authority.
AB150-engrossed,2072,223
(b) The kinds of leave to which an employe of the authority is entitled, including
24paid annual leave of absence, paid sick leave and unpaid leave of absence, except that
25unused sick leave accumulated prior to July 1, 1997, shall be carried over and made
1available for the employe's use for appropriate sick leave purposes or for conversion
2as provided under s. 40.05 (4) (b), (bd), (be), (bm) or (bp).
AB150-engrossed,2072,43
(c) Any other employment benefits to which an employe of the authority is
4entitled.
AB150-engrossed,2072,6
5(3) (a) In this subsection and subs. (3m), (4) and (6), "carry-over employe"
6means an employe of the authority who satisfies all of the following:
AB150-engrossed,2072,87
1. The employe is offered employment by the authority on or before June 29,
81996.
AB150-engrossed,2072,109
2. Immediately prior to beginning employment with the authority, the employe
10was employed by the state other than in an academic staff appointment.
AB150-engrossed,2072,1211
3. The position in which the employe was employed under subd. 2. was at the
12University of Wisconsin Hospital and Clinics.
AB150-engrossed,2072,1713
(b) If an employe of the authority is a member of a collective bargaining unit
14under subch. V of ch. 111 for which a representative has been recognized or certified,
15the authority shall, from June 29, 1996, to June 30, 1997, adhere to the terms of the
16carry-over employe's employment that are specified in the collective bargaining
17agreement covering the carry-over employe.
AB150-engrossed,2072,2118
(c) If an employe of the authority is a carry-over employe and is an employe to
19whom par. (b) does not apply, the authority shall, when setting the terms of the
20carry-over employe's employment during the period beginning on June 29, 1996, and
21ending on June 30, 1997, do all of the following:
AB150-engrossed,2072,2422
1. Pay to the carry-over employe the same compensation that the employe
23would have received if he or she were employed by the state in the position at the
24University of Wisconsin Hospitals and Clinics on June 29, 1996.
AB150-engrossed,2073,5
12. Grant to the carry-over employe, except when he or she is on an unpaid leave
2of absence, a paid holiday on each of the days specified in s. 230.35 (4) (a) as of the
3last day of the employe's employment as a state employe and holiday compensatory
4time off as specified in s. 230.35 (4) (b) as of the last day of the employe's employment
5as a state employe if the employe was entitled to those benefits on that day.
AB150-engrossed,2073,86
3. Grant to the carry-over employe the same paid annual leave of absence, paid
7sick leave and unpaid leave of absence that the employe received as of the last day
8of his or her employment as a state employe.
AB150-engrossed,2073,149
4. Grant to the carry-over employe military leave, treatment of military leave,
10jury service leave and voting leave in accordance with s. 230.35 (3) and (4) (e) and,
11to the extent applicable, rules of the department of employment relations governing
12such leaves for employes in the classified service as of the last day of the employe's
13employment as a state employe if the employe was entitled to those benefits on that
14day.
AB150-engrossed,2073,1715
5. Grant to the carry-over employe the same opportunity for employe training
16provided under s. 230.046 as of the last day of his or her employment as a state
17employe if the employe was entitled to those benefits on that day.
AB150-engrossed,2073,2218
(d) If an employe of the authority is not a carry-over employe and is an employe
19to whom par. (b) does not apply, the authority shall, from June 29, 1996, to June 30,
201997, provide that employe the same rights, benefits and compensation provided to
21a carry-over employe under par. (c) who holds a position at the authority with similar
22duties.
AB150-engrossed,2074,4
23(3m) Unless expressly prohibited under ch. 40 or under federal law, and, for
24a carry-over employe who is a member of a collective bargaining unit under subch.
25V of ch. 111 for which a representative has been recognized or certified, subject to a
1collective bargaining agreement under subch. V of ch. 111, the authority shall, from
2June 29, 1996, to June 30, 1997, not change to the detriment of a carry-over employe
3any employe benefit plan provided to the carry-over employe as of the last day of the
4employe's employment as a state employe.
AB150-engrossed,2074,6
5(3r) (a) In this subsection and sub. (3t), "carry-over employe" means an
6employe of the authority who satisfies all of the following:
AB150-engrossed,2074,87
1. The employe is offered employment by the authority on or before June 29,
81996.
AB150-engrossed,2074,109
2. Immediately prior to beginning employment with the authority, the employe
10was employed in an academic staff appointment.
AB150-engrossed,2074,1211
3. The position in which the employe was employed under subd. 2. was at the
12University of Wisconsin Hospital and Clinics.
AB150-engrossed,2074,1513
(b) If an employe of the authority is a carry-over employe, the authority shall,
14when setting the terms of the carry-over employe's employment for the period
15beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:
AB150-engrossed,2074,1916
1. Enter into an employment contract for such period with the carry-over
17employe. For such period, the contract shall provide the carry-over employe with the
18same procedural guarantees provided to persons having academic staff
19appointments under s. 36.15 on June 29, 1996.
AB150-engrossed,2074,2320
2. Pay to the carry-over employe the same compensation that the employe
21would have received if he or she were employed by the state in his or her academic
22staff appointment at the University of Wisconsin Hospitals and Clinics on June 29,
231996.
AB150-engrossed,2075,524
3. Grant to the carry-over employe, except when he or she is on an unpaid leave
25of absence, a paid holiday on each of the days specified as a holiday in policies and
1procedures established by the board of regents under s. 36.15 (2) as of the last day
2of the employe's employment as a state employe and any holiday compensatory time
3off that may be specified in policies and procedures established by the board of
4regents under s. 36.15 (2) as of the last day of the employe's employment in the
5academic staff appointment.
AB150-engrossed,2075,86
4. Grant to the carry-over employe the same paid annual leave of absence, paid
7sick leave and unpaid leave of absence that the employe received as of the last day
8of his or her employment in the academic staff appointment.
AB150-engrossed,2075,129
5. Grant to the carry-over employe military leave, treatment of military leave,
10jury service leave and voting leave in accordance with policies and procedures
11established by the board of regents under s. 36.15 (2) and, as of the last day of the
12employe's employment in the academic staff appointment.
AB150-engrossed,2075,1613
6. Grant to the carry-over employe the same opportunity for any employe
14training that may be provided under policies and procedures established by the
15board of regents under s. 36.15 (2) as of the last day of his or her employment in the
16academic staff appointment.
AB150-engrossed,2075,20
17(3t) Unless expressly prohibited under ch. 40 or under federal law, the
18authority shall, from June 29, 1996, to June 30, 1997, not change to the detriment
19of a carry-over employe any employe benefit plan provided to the carry-over employe
20as of the last day of the employe's employment in the academic staff appointment.
AB150-engrossed,2076,2
21(4) Notwithstanding the requirement that an employe be a state employe, a
22carry-over employe of the authority who was employed in a position in the classified
23service immediately prior to beginning employment with the authority shall, from
24June 29, 1996, to June 30, 1997, have the same transfer rights under s. 230.29 and
1the rules of the department of employment relations governing transfers as a person
2who holds a position in the classified service.
AB150-engrossed,2076,4
3(6) An employe of the authority to whom s. 230.44 (1) (g) applies may appeal
4personnel decisions of the authority to the personnel commission.
AB150-engrossed,2076,6
5233.13 Closed records. Except as provided in s. 103.13, the authority may
6keep records of the following personnel matters closed to the public:
AB150-engrossed,2076,7
7(1) Examination scores and ranks and other evaluations of applicants.
AB150-engrossed,2076,8
8(2) Dismissals, demotions and other disciplinary actions.
AB150-engrossed,2076,9
9(3) Addresses and home telephone numbers of employes.
AB150-engrossed,2076,10
10(4) Pay survey data obtained from identifiable nonpublic employers.
AB150-engrossed,2076,11
11(5) Names of nonpublic employers contributing pay survey data.
AB150-engrossed,2076,15
12233.17 Liability limited. (1) Neither the state, any political subdivision of
13the state nor any officer, employe or agent of the state or a political subdivision who
14is acting within the scope of employment or agency is liable for any debt, obligation,
15act or omission of the authority.
AB150-engrossed,2076,19
16(2) (a) No officer, employe or agent of the board of regents, including any
17student who is enrolled at an institution or center within the University of Wisconsin
18System, is an agent of the authority unless the officer, employe or agent acts at the
19express written direction of the authority.
AB150-engrossed,2076,2220
(b) Notwithstanding par. (a), no member of the faculty or academic staff of the
21University of Wisconsin System, acting within the scope of his or her employment,
22may be considered, for liability purposes, as an agent of the authority.
AB150-engrossed,2076,25
23233.20 Issuance of bonds. (1) The authority may issue bonds for any
24corporate purpose. All bonds are negotiable for all purposes, notwithstanding their
25payment from a limited source.
AB150-engrossed,2077,3
1(2) The bonds of each issue shall be payable from sources specified in the bond
2resolution under which the bonds are issued or in a related trust agreement, trust
3indenture, indenture of mortgage or deed of trust.
AB150-engrossed,2077,14
4(3) The authority may not issue bonds unless the issuance is first authorized
5by a bond resolution. Bonds shall bear the dates, mature at the times not exceeding
630 years from their dates of issue, bear interest at the rates, be payable at the times,
7be in the denominations, be in the form, carry the registration and conversion
8privileges, be executed in the manner, be payable in lawful money of the United
9States at the places, and be subject to the terms of redemption, that the bond
10resolution provides. The bonds shall be executed by the manual or facsimile
11signatures of the officers of the authority designated by the board. The bonds may
12be sold at public or private sale at the price, in the manner and at the time
13determined by the board. Pending preparation of definitive bonds, the authority may
14issue interim receipts or certificates that shall be exchanged for the definitive bonds.
AB150-engrossed,2077,17
15(4) Any bond resolution may contain provisions, which shall be a part of the
16contract with the holders of the bonds that are authorized by the bond resolution,
17regarding any of the following:
AB150-engrossed,2077,1818
(a) Pledging or assigning specified assets or revenues of the authority.
AB150-engrossed,2077,2019
(b) Setting aside reserves or sinking funds, and the regulation, investment and
20disposition of these funds.
AB150-engrossed,2077,2221
(c) Limitations on the purpose to which or the investments in which the
22proceeds of the sale of any issue of bonds may be applied.
AB150-engrossed,2077,2523
(d) Limitations on the issuance of additional bonds, the terms upon which
24additional bonds may be issued and secured and the terms upon which additional
25bonds may rank on a parity with, or be subordinate or superior to, other bonds.
AB150-engrossed,2078,1
1(e) Funding, refunding, advance refunding or purchasing outstanding bonds.
AB150-engrossed,2078,42
(f) Procedures, if any, by which the terms of any contract with bondholders may
3be amended, the amount of bonds the holders of which must consent to the
4amendment and the manner in which this consent may be given.
AB150-engrossed,2078,75
(g) Defining the acts or omissions to act that constitute a default in the duties
6of the authority to the bondholders, and providing the rights and remedies of the
7bondholders in the event of a default.
AB150-engrossed,2078,88
(h) Other matters relating to the bonds that the board considers desirable.
AB150-engrossed,2078,12
9(5) Neither the members of the board nor any person executing the bonds is
10liable personally on the bonds or subject to any personal liability or accountability
11by reason of the issuance of the bonds, unless the personal liability or accountability
12is the result of wilful misconduct.
AB150-engrossed,2078,21
13233.21 Bond security. The authority may secure bonds by a trust agreement,
14trust indenture, indenture of mortgage or deed of trust by and between the authority
15and one or more corporate trustees. A bond resolution providing for the issuance of
16bonds so secured shall mortgage, pledge, assign or grant security interests in some
17or all of the revenues to be received by, and property of, the authority and may contain
18those provisions for protecting and enforcing the rights and remedies of the
19bondholders that are reasonable and proper and not in violation of law. A bond
20resolution may contain other provisions determined by the board to be reasonable
21and proper for the security of the bondholders.
AB150-engrossed,2079,2
22233.22 Bonds not public debt. (1) The state is not liable on bonds and the
23bonds are not a debt of the state. All bonds shall contain a statement to this effect
24on the face of the bond. A bond issue does not, directly or indirectly or contingently,
25obligate the state or a political subdivision of the state to levy any tax or make any
1appropriation for payment of the bonds. Nothing in this section prevents the
2authority from pledging its full faith and credit to the payment of bonds.
AB150-engrossed,2079,12
3(2) Nothing in this chapter authorizes the authority to create a debt of the state,
4and all bonds issued by the authority are payable, and shall state that they are
5payable, solely from the funds pledged for their payment in accordance with the bond
6resolution authorizing their issuance or in any trust indenture or mortgage or deed
7of trust executed as security for the bonds. The state is not liable for the payment
8of the principal of or interest on a bond or for the performance of any pledge,
9mortgage, obligation or agreement that may be undertaken by the authority. The
10breach of any pledge, mortgage, obligation or agreement undertaken by the
11authority does not impose pecuniary liability upon the state or a charge upon its
12general credit or against its taxing power.
AB150-engrossed,2079,19
13233.23 State pledge. The state pledges to and agrees with the bondholders,
14and persons that enter into contracts with the authority under this chapter, that the
15state will not limit or alter the rights vested in the authority by this chapter before
16the authority has fully met and discharged the bonds, and any interest due on the
17bonds, and has fully performed its contracts, unless adequate provision is made by
18law for the protection of the bondholders or those entering into contracts with the
19authority.
AB150-engrossed,2079,23
20233.26 Refunding bonds. (1) The authority may issue bonds to fund or
21refund any outstanding bond, including the payment of any redemption premium on
22the outstanding bond and any interest accrued or to accrue to the earliest or any
23subsequent date of redemption, purchase or maturity.
AB150-engrossed,2080,3
24(2) The authority may apply the proceeds of any bond issued to fund or refund
25any outstanding bond to purchase, retire at maturity or redeem any outstanding
1bond. The authority may, pending application, place the proceeds in escrow to be
2applied to the purchase, retirement at maturity or redemption of any outstanding
3bond at any time.
AB150-engrossed,2080,10
4233.27 Limit on the amount of outstanding bonds. The authority may not
5issue bonds or incur indebtedness described under s. 233.03 (12) if, after the bonds
6are issued or the indebtedness is incurred, the aggregate principal amount of the
7authority's outstanding bonds, together with all indebtedness described under s.
8233.03 (12) would exceed $50,000,000. Bonds issued to fund or refund outstanding
9bonds, or indebtedness incurred to pay off or purchase outstanding indebtedness, is
10not included in calculating compliance with the $50,000,000 limit.
AB150-engrossed, s. 6301j
11Section 6301j. 233.03 (7) of the statutes, as affected by 1995 Wisconsin Act ....
12(this act), is repealed and recreated to read:
AB150-engrossed,2080,1813
233.03
(7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act .... (this act),
14section 9159 (4) and the duty to engage in collective bargaining with employes in a
15collective bargaining unit for which a representative is recognized or certified under
16subch. I of ch. 111, employ any agent, employe or special advisor that the authority
17finds necessary and fix his or her compensation and provide any employe benefits,
18including an employe pension plan.
AB150-engrossed, s. 6301m
19Section 6301m. 233.10 (2) (intro.) of the statutes, as affected by 1995
20Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-engrossed,2080,2321
233.10
(2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty
22to engage in collective bargaining with employes in a collective bargaining unit for
23which a representative is recognized or certified under subch. I of ch. 111:
AB150-engrossed, s. 6301p
24Section 6301p. 233.10 (6) of the statutes, as created by 1995 Wisconsin Act
25.... (this act), is repealed.
AB150-engrossed,2081,62
234.01
(5k) "Financial institution" means a bank, savings bank, savings and
3loan association, credit union, insurance company, finance company, mortgage
4banker registered under s.
440.72 224.72, community development corporation,
5small business investment corporation, pension fund or other lender which provides
6commercial loans in this state.