AB150: Bill Text

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.

AB150,2071,5 233.20 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.

AB150,2071,8 (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.

AB150,2071,19 (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.

AB150,2071,22 (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:

AB150,2071,23 (a) Pledging or assigning specified assets or revenues of the authority.

AB150,2071,25 (b) Setting aside reserves or sinking funds, and the regulation, investment and disposition of these funds.

AB150,2072,2 (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.

AB150,2072,5 (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.

AB150,2072,6 (e) Funding, refunding, advance refunding or purchasing outstanding bonds.

AB150,2072,9 (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.

AB150,2072,12 (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.

AB150,2072,13 (h) Other matters relating to the bonds that the board considers desirable.

AB150,2072,17 (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.

AB150,2073,2 233.21 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.

AB150,2073,8 233.22 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 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.

AB150,2073,18 (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.

AB150,2073,25 233.23 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.

AB150,2074,4 233.26 Refunding bonds. (1) The authority may issue bonds to fund or refund any outstanding bond, including the payment of any redemption premium on the outstanding bond and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase or maturity.

AB150,2074,9 (2) The authority may apply the proceeds of any bond issued to fund or refund any outstanding bond to purchase, retire at maturity or redeem any outstanding bond. The authority may, pending application, place the proceeds in escrow to be applied to the purchase, retirement at maturity or redemption of any outstanding bond at any time.

AB150,2074,16 233.27 Limit on the amount of outstanding bonds. The authority may not issue bonds or incur indebtedness described under s. 233.03 (12) if, after the bonds are issued or the indebtedness is incurred, the aggregate principal amount of the authority's outstanding bonds, together with all indebtedness described under s. 233.03 (12) would exceed $90,000,000. Bonds issued to fund or refund outstanding bonds, or indebtedness incurred to pay off or purchase outstanding indebtedness, is not included in calculating compliance with the $90,000,000 limit.

AB150, s. 6302 Section 6302. 234.01 (5k) of the statutes is amended to read:

AB150,2074,22 234.01 (5k) "Financial institution" means a bank, savings bank, savings and loan association, credit union, insurance company, finance company, mortgage banker registered under s. 440.72 224.72, community development corporation, small business investment corporation, pension fund or other lender which provides commercial loans in this state.

AB150, s. 6303 Section 6303. 234.49 (2) (a) 4. of the statutes is amended to read:

AB150,2075,3 234.49 (2) (a) 4. To designate as an authorized lender the authority or any local government agency, housing authority under s. 59.075, 61.73, 66.395 or 66.40, bank, savings bank, savings and loan institution, mortgage banker registered under s. 440.72 224.72 or credit union, if the designee has a demonstrated history or potential of ability to adequately make and service housing rehabilitation loans.

AB150, s. 6304 Section 6304. 234.59 (1) (h) of the statutes is amended to read:

AB150,2075,6 234.59 (1) (h) "Mortgage banker" means a mortgage banker registered under s. 440.72 224.72, but does not include a person licensed under s. 138.09.

AB150, s. 6305 Section 6305. 234.75 (10) of the statutes is amended to read:

AB150,2075,14 234.75 (10) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, and the authority, the Bradley center sports and entertainment corporation , the University of Wisconsin Hospitals and Clinics Authority and the health and educational facilities authority.