AB150: Bill Text

AB150, s. 6301 Section 6301. Chapter 233 of the statutes is created to read:

AB150,2059,10 Chapter 233 University of Wisconsin hospitals and Clinics authority

AB150,2059,11 233.01 Definitions. In this chapter:

AB150,2059,13 (1) "Authority" means the University of Wisconsin Hospitals and Clinics Authority.

AB150,2059,14 (2) "Board of directors" means the governing board of the authority.

AB150,2059,16 (3) "Board of regents" means the board of regents of the University of Wisconsin System.

AB150,2059,19 (4) "Bond" means a bond, note or other obligation of the authority issued under this chapter, including any refunding bond, other than the lease agreement or indebtedness described under s. 233.03 (12).

AB150,2059,23 (5) "Bond resolution" means a resolution of the board of directors authorizing the issuance of, or providing terms and conditions related to, bonds and includes, where appropriate, any trust agreement, trust indenture, indenture of mortgage or deed of trust providing terms and conditions for bonds.

AB150,2060,3 (6) "Lease agreement" means the lease agreement that is required to be entered into between the board of directors and the board of regents under s. 233.04 (7).

AB150,2060,7 (7) "On-campus facilities" means facilities that are located on land owned by the state, that are under the control of the board of regents and that are primarily related to the operation of the University of Wisconsin Hospitals and Clinics and related services, as determined by the secretary of administration.

AB150,2060,11 233.02 University of Wisconsin Hospitals and Clinics Authority: creation; organization of board of directors. (1) There is created a public body corporate and politic to be known as the "University of Wisconsin Hospitals and Clinics Authority". The board of directors shall consist of the following members:

AB150,2060,13 (a) Five members nominated by the governor, and with the advice and consent of the senate appointed, for 5-year terms.

AB150,2060,15 (b) The president of the board of regents of the University of Wisconsin System or his or her designee.

AB150,2060,17 (c) The chancellor of the University of Wisconsin-Madison or his or her designee.

AB150,2060,20 (d) A dean of a University of Wisconsin-Madison health professions school, appointed by and serving at the pleasure of the chancellor of the University of Wisconsin-Madison.

AB150,2060,21 (e) The secretary of administration or his or her designee.

AB150,2060,24 (2) A vacancy on the board of directors shall be filled in the same manner as the original appointment to the board of directors for the remainder of the unexpired term, if any.

AB150,2061,3 (3) A member of the board of directors may not be compensated for his or her services but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the performance of his or her duties.

AB150,2061,7 (4) No cause of action of any nature may arise against and no civil liability may be imposed upon a member of the board of directors for any act or omission in the performance of his or her powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes wilful misconduct.

AB150,2061,16 (8) The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Five 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 (e) may not be the chairperson of the board of directors for purposes of 1995 Wisconsin Act .... (this act), 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.

AB150,2062,2 (9) The board of directors shall appoint a chief executive officer who shall not be a member of the board of directors and who shall serve at the pleasure of the board of directors. The chief executive officer shall receive such compensation as the board of directors fixes. The chief executive officer or other person designated by resolution of the board of directors shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority, the minute book or journal of the authority and its official seal. The chief executive officer or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

AB150,2062,5 233.03 Powers of authority. The authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, the authority may:

AB150,2062,7 (1) Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business.

AB150,2062,12 (2) Sue and be sued; have a seal and alter the seal at pleasure; have perpetual existence; maintain an office; negotiate and enter into leases; accept gifts, grants, bequests or loans; accept and comply with any lawful conditions attached to federal financial assistance; and make and execute other instruments necessary or convenient to the exercise of the powers of the authority.

AB150,2062,13 (5) Procure insurance on its debt obligations.

AB150,2062,17 (7) Subject to s. 233.10 and 1995 Wisconsin Act .... (this act), section 9159 (3), employ any agent, employe or special advisor that the authority finds necessary and fix his or her compensation and provide any employe benefits, including an employe pension plan.

AB150,2062,20 (8) Appoint any technical or professional advisory committee that the authority finds necessary and define the duties, and provide reimbursement for the expenses, of the committee.

AB150,2062,23 (9) With any other person, establish, govern and participate in the operation and financing of any entity that provides health-related services. The authority may provide administrative and financial services to any such entity.

AB150,2063,3 (10) Enter into procurement contracts with the board of regents or joint contracts with the board of regents for procurements from 3rd parties and may enter into other contracts, rental agreements and cooperative agreements and other necessary arrangements with the board of regents which may be necessary and required for the purposes, objects and uses of the authority authorized by law.

AB150,2063,4 (11) Issue bonds in accordance with ss. 233.20 to 233.27.

AB150,2063,6 (12) Seek financing from, and incur indebtedness to, the Wisconsin Health and Educational Facilities Authority.

AB150,2063,12 (13) Construct or improve facilities that are on state-owned land, if the department of administration approves the design, specifications and construction of the construction or improvement project when such approval is required under s. 16.85 (4) and, with respect to state-owned land that is not under the control of the board of regents, if the state agency having authority to approve construction or improvement projects on the land approves the project.

AB150,2063,15 (14) Enter into an agreement with the secretary of administration to provide the books and accounts of any entity created under sub. (9) for inspection by the secretary.

AB150,2063,17 (15) Acquire, design, construct or improve any facility that is not located on state-owned land.

AB150,2063,18 (16) Buy, sell and lease real estate.

AB150,2063,19 233.04 Duties of authority. The authority shall do all of the following:

AB150,2064,2 (1) By October 1, 1997, and annually thereafter, submit to the chief clerk of each house of the legislature under s. 13.172 (2), the president of the board of regents, the secretary of administration and the governor a report on the patient care, education, research and community service activities and accomplishments of the authority and an audited financial statement, certified by an independent auditor, of the authority's operations. The financial statement shall include a separate accounting of the use of the payment under sub. (7) (f).

AB150,2064,4 (2) Subject to s. 233.10, develop and implement a personnel structure and other employment policies for employes of the authority.

AB150,2064,5 (3) Contract for any legal services required for the authority.

AB150,2064,7 (5) Establish the authority's annual budget and monitor the fiscal management of the authority.

AB150,2064,13 (6) Procure liability insurance covering its officers, employes and agents and procure insurance against any loss in connection with its property and other assets. For purposes of this subsection, 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 direction of the authority.

AB150,2064,16 (7) Negotiate and enter into a lease agreement with the board of regents to lease the on-campus facilities beginning on July 1, 1996. The lease agreement shall include all of the following:

AB150,2064,22 (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 lease agreement may also include provision for payments for goods or services, other than the lease of the on-campus facilities, that are to be provided under the terms of the lease agreement. The amount of the rental payment for the on-campus facilities shall be at least equal to one of the following:

AB150,2065,3 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.

AB150,2065,5 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.

AB150,2065,8 (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.

AB150,2065,9 (c) A provision that gives the state ownership of all of the following:

AB150,2065,11 1. Any improvements or modifications made by the authority to on-campus facilities that are leased to the authority under the lease agreement.

AB150,2065,12 2. Any facility that the authority constructs on state-owned land.

AB150,2065,15 (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).

AB150,2065,19 (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.

AB150,2065,23 (f) A provision that requires the board of regents to make a payment to the authority on June 30, 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.

AB150,2066,4 (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.

AB150,2066,5 (h) A provision on a mechanism for the resolution of disputes.

AB150,2066,7 (8) Use the building commission as a financial consultant to assist and coordinate the issuance of bonds under this chapter.

AB150,2066,10 (9) Provide, on a monthly basis, the secretary of administration with such financial and statistical information as is required by the secretary of administration.

AB150,2066,15 233.10 Appointment of employes; employe compensation and benefits. (1) Subject to 1995 Wisconsin Act .... (this act), section 9159 , 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.

AB150,2066,17 (2) Subject to subs. (3), (3m), (3r) and (3t), the authority shall determine all of the following:

AB150,2066,18 (a) The compensation of the employes of the authority.

AB150,2066,20 (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.

AB150,2066,22 (c) Any other employment benefits to which an employe of the authority is entitled.

AB150,2066,24 (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:

AB150,2067,2 1. The employe is offered employment by the authority on or before July 1, 1996.

AB150,2067,4 2. Immediately prior to beginning employment with the authority, the employe was employed by the state other than in an academic staff appointment.

AB150,2067,6 3. The position in which the employe was employed under subd. 2. was at the University of Wisconsin Hospitals and Clinics.

AB150,2067,11 (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 July 1, 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.

AB150,2067,15 (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 July 1, 1996, and ending on June 30, 1997, do all of the following:

AB150,2067,18 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 July 1, 1996.

AB150,2067,23 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.

AB150,2068,2 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. Unused sick leave shall be carried over from state employment and shall accumulate until June 30, 1997.

AB150,2068,8 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.

AB150,2068,11 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.

AB150,2068,16 (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 July 1, 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.

AB150,2068,23 (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 July 1, 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.

AB150,2068,25 (3r) (a) In this subsection and sub. (3t), "carry-over employe" means an employe of the authority who satisfies all of the following:

AB150,2069,2 1. The employe is offered employment by the authority on or before July 1, 1996.

AB150,2069,4 2. Immediately prior to beginning employment with the authority, the employe was employed in an academic staff appointment.

AB150,2069,6 3. The position in which the employe was employed under subd. 2. was at the University of Wisconsin Hospitals and Clinics.

AB150,2069,9 (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 July 1, 1996, and ending on June 30, 1997, do all of the following:

AB150,2069,13 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 July 1, 1996.

AB150,2069,16 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 the academic staff appointment at the University of Wisconsin Hospitals and Clinics on July 1, 1996.

AB150,2069,23 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.

AB150,2070,2 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. Unused sick leave shall be carried over from state employment and shall accumulate until June 30, 1997.

AB150,2070,6 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.

AB150,2070,10 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.

AB150,2070,14 (3t) Unless expressly prohibited under ch. 40 or under federal law, the authority shall, from July 1, 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.

AB150,2070,20 (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 July 1, 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.

AB150,2070,22 (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.

AB150,2071,2 233.17 Liability limited. 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.