Under the bill, the authority is required to submit annually an audited
financial statement and a report of the authority's activities and accomplishments
to the governor, legislature, secretary of administration and the president of the
board of regents; to develop and implement a personnel structure and employment
policies; to obtain liability and property insurance; to contract for legal services; and
to establish the authority's annual budget and monitor the fiscal management of the
authority.
The bill grants the authority the power to issue bonds for any corporate
purpose. In order to issue bonds under the bill, the authority must authorize the
bond issuance in a bond resolution, specifying certain terms and conditions relating
to the bonds. Among other things, the bond resolution may contain provisions
regarding: 1) pledging or assigning specified assets or revenues of the authority; 2)
setting aside reserves or sinking funds; 3) limitations on the purpose to which or the
investments in which the proceeds of a bond issue may be applied; 4) 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; 5) funding, refunding, advance refunding or purchasing outstanding bonds;
6) procedures for amending any contract with the bondholders; and 7) default
provisions. The bond resolution may not provide for a term of more than 30 years
and is required to provide that the bonds be payable in the lawful money of the
United States. Bonds issued by the authority under the bill are not a debt of the state
and do not obligate the state to levy any tax or make any appropriation for payment
of the bonds. Under the bill, the state pledges that it will not limit or alter the rights
vested in the authority under the bill before the authority has fully performed its
contracts and has fully met and discharged its bonds, unless adequate provision is
made by law for the protection of bondholders or those persons entering into
contracts with the authority. In addition to provisions regarding bond issuance and
security, the bill contains a number of other provisions relating to bonds issued by
the authority. The bill authorizes certain state funds to be invested in bonds issued
by the authority and authorizes certain regulated financial institutions to invest in
those bonds. The bill contains provisions regarding the funding and refunding of
bonds issued by the authority.
In addition to issuing bonds, the authority may seek financing from, and incur
indebtedness to, the Wisconsin Health and Educational Facilities Authority
(WHEFA), which provides financing to "health facilities". The bill allows WHEFA
to provide financing to the authority. Both issuance of bonds and the incurrence of
indebtedness to WHEFA is subject to a dollar limitation. The authority may not
incur indebtedness to WHEFA or issue bonds if, after the bonds are issued or the
indebtedness is incurred, the amount of all outstanding bonds and indebtedness
exceeds $90,000,000. Bonds or indebtedness issued to refund outstanding bonds or
indebtedness are not included in calculating compliance with the $90,000,000 limit.
Currently, some employes of the UWHC are employed in the state classified
service while others are employed in the unclassified service. Positions in the
classified service are publicly advertised and filled in accordance with merit and
fitness. All employes receive paid holidays, holiday compensatory time off, paid sick
leave, unpaid leaves of absence, military leave, jury service leave, voting leave,
retirement benefits and health and other group insurance benefits except that
limited term employes do not receive some of these benefits. For employes in the
classified service, other than limited term, project, supervisory, managerial and
confidential employes, these terms and conditions of employment are subject to
modification by any applicable collective bargaining agreement. In addition,
employes in the classified service who have successfully completed a probationary
period may not be removed, suspended without pay, disciplined, reduced in pay or
demoted without just cause. Employes in the classified service who serve in
academic staff positions are afforded similar protections during the terms of their
contracts (usually one year). The compensation of UWHC employes is established
under applicable collective bargaining agreements for represented employes and
under the state compensation plan or the UW faculty and academic staff
compensation plan, for nonrepresented employes, as recommended by the secretary
of employment relations and approved by the joint committee on employment
relations, subject to certain individual salary-setting authority granted to the board
of regents in the case of unclassified employes.
This bill requires the authority, by July 1, 1996, to offer employment to each
person who is employed at the UWHC on June 30, 1996 and authorizes the authority
to employ such additional persons as it requires. The bill requires the authority to
make decisions about hiring and promoting employes according to merit and fitness.
The bill also allows the authority to determine the compensation, vacation, sick leave
and other benefits that are to be provided to employes, except that the authority's
determination of compensation, vacation, sick leave and other benefits, from July 1,
1996, to June 30, 1997, is subject to: 1) any collective bargaining agreement that
covers the employes; 2) the requirement that, for employes of the authority who were
employed by UWHC immediately before becoming employes of the authority, the
authority must provide compensation and certain benefits at a level that is at least
as favorable as that provided to the employes as of the last day of their employment
with UWHC or, if applicable, the last day on which a collective bargaining agreement
covering the employes is in effect; and 3) the requirement that, for employes of the
authority who are not former UWHC employes and are first hired between July 1,
1996, and June 30, 1997, but who are not covered by a collective bargaining
agreement, the authority must provide the same rights, benefits and compensation
as are provided to former UWHC employes who hold positions at the authority with
similar duties and who are not covered by a collective bargaining agreement. The
compensation and benefits that must be provided to these employes at this minimum
level include paid holidays, holiday compensatory time off, paid sick leave, unpaid
leave of absence, military leave, jury service leave, voting leave, retirement benefits
and health and other group insurance plans. Finally, under current law employes
of UWHC who are involved in the supervision and care of patients must be given
hazardous employment pay. This bill requires the authority to provide, until July
1, 1997, hazardous employment pay to employes of the authority involved in the
supervision and care of patients.
The bill provides that employes of the authority who were employed by UWHC
in the classified service immediately prior to becoming employes of the authority may
not be removed, suspended without pay, discharged, reduced in pay or demoted
without just cause from July 1, 1996, to June 30, 1997. Employes of the authority
who were employed by UWHC in academic staff appointments are granted the same
procedural guarantees from July 1, 1996, to June 30, 1997, that they enjoyed while
employed by UWHC.
Currently, state employes in the classified service who separate from the
service for reasons other than discharge have certain reinstatement rights within 3
years after their separation from the service. In addition to these rights, the bill
grants employes of the authority who were employed by UWHC in classified
positions certain transfer rights that would be available to them if they were state
employes during the period from July 1, 1996, to June 30, 1997. Both rights are
accorded subject to any applicable collective bargaining agreement.
Currently, those employes of the UW System who are assigned to UWHC and
who hold positions in the classified service, except management employes and
confidential employes, are covered under the state employment labor relations act
(SELRA). Under SELRA, those employes are expressly guaranteed the right of
self-organization and the right to engage in lawful, concerted activities for the
purpose of collective bargaining. Collective bargaining is expressly authorized and
required exclusively with certified representative organizations in relation to
salaries, fringe benefits, hours and conditions of employment, except that
supervisors may bargain collectively concerning wages and fringe benefits only.
Bargaining is not required on certain subjects reserved to the management and
direction of the university, except that procedures for the adjustment of grievances
arising out of disciplinary actions are a mandatory subject of bargaining. In addition,
bargaining is not permitted regarding the mission of the university. Bargaining
units are structured on a statewide basis, with employes performing different
functions assigned to different units. Employes in the units have the right to vote
in an election conducted by the employment relations commission as to whether
there shall be collective bargaining and if so, with which representative.
Responsibilities of the state as an employer are handled by the department of
employment relations (DER). Unfair labor practices are established, applicable to
the state and to labor unions representing employes. The commission adjudicates
unfair labor practice complaints and may mediate disputes and arbitrate grievances.
Strikes are expressly prohibited. No compulsory means of dispute settlement are
provided. "Fair-share" (agency shop) and "maintenance of membership"
agreements are authorized whereby the costs of collective bargaining and contract
administration may be deducted from the wages of employes under certain
conditions.
This bill extends coverage of SELRA to employes of the authority, other than
management and confidential employes, who serve in positions that would be
included in the classified service if the employes were state employes until July 1,
1997. The employes are included in the same collective bargaining units in which
they would be included if they were state employes. On and after July 1, 1997, no
employment relations act applies to these employes under the bill. Although the
employes may organize and join labor unions, the authority is not required to
recognize or bargain collectively with them by statute and no right to exclusive
representation exists. The commission has no authority to conduct elections,
mediate disputes, arbitrate grievances or adjudicate alleged unfair labor practices
involving the employes and their employer. Strikes are not expressly prohibited.
While union members may have union dues deducted from their wages by the
authority, neither fair-share nor maintenance of membership agreements are
permitted.
The bill provides that the authority is a participating employer in the Wisconsin
retirement system (WRS) from July 1, 1996, to June 30, 1997. As such, its employes
may participate in the WRS and are eligible for other benefits administered by the
department of employe trust funds, such as unused sick leave conversion programs,
health care coverage, income continuation insurance, life insurance, deferred
compensation plan and employe-funded reimbursement accounts during the July 1,
1996, to June 30, 1997, period. The authority is also authorized to elect to become
a participating employer in the WRS after June 30, 1997.
Because the authority is not a state agency, numerous laws that are applicable
to state agencies do not apply to the authority. However, the authority is considered
a state agency for purposes of some laws. The authority is treated like a state agency
in the following respects, among others: 1) it must adhere to the open records and
open meetings laws; 2) it is subject to auditing by the legislative audit bureau and
review of its performance by the joint legislative audit committee; 3) it is subject to
the lobbying regulation law to the same extent as state agencies (state agencies are
exempted from certain provisions); 4) the members of its board of directors and its
chief executive officer are subject to the code of ethics for state public officials and the
board is instructed to prescribe a code of ethics for its other employes; 5) it is exempt
from the sales and use tax and, with respect to property leased to the authority under
the lease agreement, from the property tax; 6) it must pay special assessments for
local improvements; 7) it is governed by state minimum wage and hour and family
and medical leave laws; 8) it is subject to worker's compensation and unemployment
compensation laws; 9) it is subject to the historic preservation law; 10) public
employe occupational safety and health laws apply to the authority; 11) it is subject
to the law permitting members of the public to make reasonable use of state facilities
for civic, social or recreational activities; and 12) it is subject to laws restricting
employers from testing employes and prospective employes for human
immunodeficiency virus (HIV) or an antibody to HIV.
Under the bill, the authority is governed by procedures currently applicable to
UWHC that impose limits on hospital charges.
The authority is unlike a state agency in many other ways, including: 1) it
approves its own budget without participation by the governor, DOA, the joint
committee on finance (JCF) or the legislature; 2) it may create or abolish its own
positions without approval by the governor, JCF or the legislature; 3) it is not subject
to statutory rule-making procedures, including requirements for legislative review
of proposed rules; 4) it keeps its operating funds in its own accounts outside of the
state treasury and invests its funds independently of the investment board, except
that it may deposit moneys with the investment board for investment as a part of the
local government pooled-investment fund; 5) it is exempt from preaudit or postaudit
of its expenditures by DOA; 6) it may accept federal aid directly without approval by
the governor; 7) laws requiring minimum wages and hours on public works projects
do not apply to construction projects undertaken by the authority; 8) the law
requiring environmental impact statements concerning certain proposed actions
does not apply to the authority; 9) it is not covered by the public records preservation
law; 10) the department of justice does not represent the authority and the authority
may instead retain its own counsel (state agencies are not generally authorized to
retain their own counsel without the governor's approval); 11) it is not governed by
recycling requirements applicable to state agencies; 12) it does not share the state's
immunity from most legal actions; 13) it is exempt from rules of DOA governing
surveillance of state employes; 14) it is not subject to laws governing state printing;
15) requirements to purchase and store gasohol and alternative fuels do not apply
to the authority; 16) it is not subject to laws prohibiting reprisals against employes
for disclosure of certain information ("whistle-blowing") or prohibiting political
activities by state employes while engaged in official duties; 17) a law prohibiting
certain multiple employment or retention by the state does not apply to the
authority; 18) interest on bonds issued by the authority is subject to state income tax;
and 19) the liability coverage of the state does not cover acts or omissions of its
officers, employes and agents.
Concerning procurement, the authority is not covered by the law which
requires, with certain exceptions, purchasing by open competitive bidding or
negotiated competitive proposals, by the law which requires state agencies in the
executive branch to make purchases through DOA nor by requirements to purchase
certain computer services from DOA, by laws requiring the purchase of products
made from recycled or recovered materials, by requirements to make purchases on
the basis of life-cycle costs, by requirements to purchase certain materials from
prison industries and work centers for the severely handicapped and to do certain
business with minority-owned enterprises, or by the laws requiring payment of
interest on late payments to vendors and requiring the purchase of materials
procured from Wisconsin-based businesses and materials manufactured in the
United States. The authority is subject to nondiscrimination requirements in
procurement. Under the bill, the authority may, with the consent of DOA, purchase
materials, supplies, equipment or services from the UW System by mutual consent
or may enter into cooperative purchasing arrangements with the UW System.
Purchases by or through the UW System are generally subject to all state
procurement laws.
Other University of Wisconsin System
This bill imposes a freeze upon salary increases granted to incumbents in
certain administrative positions at the UW System during the period beginning on
the date on which the bill becomes law and ending on June 30, 1997. Under the
proposal, the salary paid to the incumbent in an affected position during this period
may not exceed an annualized rate of $100,000 or the annualized salary paid to the
incumbent in the same position on January 1, 1995, whichever is greater. The freeze
does not apply to any salary increase that is granted under the state compensation
plan before July 1, 1995, or by the board of regents of the UW System before February
1, 1995.
Currently, the salaries for these positions are set by the board of regents subject
to limitations set forth in the state compensation plan.
Under current law, the board of regents of the UW System may invest not more
than 75% of the trust funds held and administered by the board in common stocks.
This bill increases the allowable percentage to 85%.
Current law authorizes the board of regents of the UW System to use balances
in program revenue appropriations as contingent funds for the payment of
miscellaneous expenses if immediate payment is necessary, but not exceeding a total
of $4,000,000.
This bill authorizes the board of regents to use balances in program revenue
appropriations as contingent funds for the payment of miscellaneous expenses only
if DOA determines that immediate payment is necessary. In addition, the daily
balance of the contingent funds may not exceed $3,000,000 and total disbursements
from the funds may not exceed $100,000,000 in any fiscal year.
Current law appropriates general purpose revenue and academic student fees
to the board of regents of the UW System for laboratory modernization. The
appropriations are set to expire at the end of the 1995-96 fiscal year. This bill
eliminates the expiration date.
This bill modifies the appropriation to the board of regents of the UW System
for nonincome sports. Currently, $481,900 annually from moneys received from
parking for all events at athletic facilities at UW-Madison is appropriated; this bill
appropriates all moneys received from the sale of parking provided for all events at
athletic facilities at the UW-Madison, less related expenses. The bill also allows the
funds to be used for debt service on any sports-related facility.
With certain specified exceptions, current law prohibits the furnishing of
complimentary or reduced-price tickets to any UW System athletic event for which
an admission fee is normally charged. One of the exceptions is for complimentary
or reduced-price tickets required by rules of intercollegiate athletic conferences in
which the UW System participates.
This bill modifies that exception. The bill allows complimentary and
reduced-price tickets if such tickets are permitted by rules of intercollegiate athletic
conferences in which the UW System participates and if the chancellor of the
institution participating in the athletic event has approved the furnishing of such
tickets.
Other educational and cultural agencies
Currently, HEAB administers the academic excellence higher education
scholarship program. The program awards higher education scholarships for up to
4 years to certain students who had the highest grade point averages in their high
schools.
This bill establishes a maximum amount for a scholarship under the program
of $3,000 per academic year. The bill also requires the program and its scholarship
recipients to be referred to as the governor's academic excellence higher education
scholarship program and governor's scholars, respectively, in all printed material
disseminated or otherwise distributed by HEAB.
Under current law, HEAB administers a stipend loan program for resident
nursing students, a minority teacher loan program, a minority undergraduate
retention grant program and a program to award grants to resident students who are
currently recipients of aid to families with dependent children (AFDC).
This bill provides that HEAB may not award any original grants or loans under
these programs, except for minority undergraduate retention grants to students
enrolled at private, nonprofit institutions of higher education in this state.
This bill eliminates the higher educational aids board (HEAB) effective July 1,
1996, and transfers all functions of HEAB to DOE. On the same date, the bill also
transfers all functions of the educational approval board (EAB) (currently attached
to the technical college system board) to DOE and transfers EAB itself to DOE as an
advisory council.
Beginning in the 1997-98 fiscal year, this bill directs the board of regents of the
UW System annually to transfer to the state historical society an amount equal to
33% of the cost of acquisitions for and operation of the historical society library, or
$515,000 (adjusted annually for inflation), whichever is greater. The 2 agencies may
agree to transfer a higher amount. In each of the 1995-96 and 1996-97 fiscal years,
the board of regents must transfer $515,000.
The bill also permits the state historical society to collect a fee for use of the
historical society library. Any member of the state historical society, any member of
the faculty or academic staff of the UW System and any student enrolled in the UW
System is exempt from such fees.
Current law establishes a schedule of fees to be collected by the state historical
society for admission to the following historic sites: Old World Wisconsin, Madeline
Island, Pendarvis, Stonefield Village, Villa Louis and Old Wade House. The
historical society is prohibited from collecting any group child admission fee for
admission to any historic site owned and operated by the historical society.
This bill eliminates the fee schedule and the prohibition on group child
admission fees. The historical society may establish and collect a fee for admission
to these historic sites.
Under current law, the historical society operates the Wesley W. Jung Carriage
Museum located at Old Wade House state park. This bill requires the department
of natural resources (DNR) to transfer title to Old Wade House state park, including
the Wesley W. Jung Carriage Museum, to the historical society on July 1, 1996.
Effective July 1, 1996, this bill transfers the transmission and engineering
functions of the educational communications board (ECB) to DOA. The bill permits
the secretary of administration to transfer FTE positions in ECB performing duties
that are primarily related to the transmission and engineering functions, together
with the incumbents in those positions, to DOA on that date, and requires the
secretary to submit a plan to the chairpersons of JCF for the transfer of other FTE
positions in ECB performing those duties, to become effective no later than July 1,
1997. Upon submittal, DOA may implement the plan.
The bill also requires ECB and DOA to enter into an affiliation agreement with
the board of regents of the UW System with respect to broadcasting station WHA and
WHA-TV. The bill does not transfer any programmatic responsibilities of ECB.
This bill creates a Wisconsin regranting program to be administered by the arts
board. Under the program, the arts board awards grants to local arts agencies and
municipalities. The bill requires a matching fund contribution from a grantee equal
to the amount of the grant awarded under the program.
Under current law, the arts board is attached to DOA. This bill transfers the
arts board to the department of tourism and parks, as created by the bill.
Current law directs the state technical college system board to develop a
program relating to recycling. This bill eliminates this duty.
Employment
Currently, the employment relations commission is authorized, and directed in
some cases, to attempt to mediate labor disputes in private, local government and
state employment. During mediation, the mediator attempts to identify and narrow
differences between the parties and to encourage a voluntary settlement of the
dispute. The commission employs staff members for the purpose of providing
mediation services, which are available at state expense.
This bill prohibits any officer or employe of the commission from engaging in
mediation or facilitating mediation of a labor dispute by any other person. Under the
bill, the parties to a labor dispute may retain any person other than an officer or
employe of the commission to provide mediation services. The cost of those services
is divided equally between the parties. In labor disputes involving local government
or state employment, the bill requires each party or the parties jointly to notify the
commission in writing of the name and address of any mediator who is retained by
the parties.
This bill directs the employment commission, as created by this bill, to study
its procedures, recommend ways to streamline its operations and report its findings
and recommendations to the secretary of administration by October 31, 1996. See
also State government, state employment.
Under current law, various state agencies administer various state and federal
employment and education programs. This bill consolidates oversight over those
programs under the governor's council on workforce excellence which is created by
the bill. The bill requires the council, consisting of the heads of the state agencies
responsible for administering employment and education programs and
representatives of the public school system, 4-year postsecondary educational
institutions, technical college districts, community-based organizations that
provide employment training, business and industry and organized labor, to:
1. Identify the workforce development needs of the state and recommend goals
for meeting those needs and steps for meeting those goals.
2. Recommend a strategic plan for coordinating the provision of services and
the allocation of funding and resources under the various state and federal
employment and education programs.
3. Monitor the provision of those services and the allocation of that funding and
those resources and evaluate the effectiveness of those programs in meeting the
state's workforce development needs.
4. Recommend the seeking of waivers of federal laws, regulations or policies
that impede the effectiveness or coordination of those employment and education
programs.
5. Recommend occupations for the youth apprenticeship program and skill
standards for the school-to-work program.
The bill further consolidates the state's employment and education programs
by:
1. Directing the council to prepare, by January 15, 1996, a plan that terminates
other state advisory bodies that are duplicative of the council or whose duties and
responsibilities can be taken over by the council and a plan that reorganizes all
substate boundaries for the local administration of employment and education
programs so that those boundaries are contiguous with the technical college district
boundaries.
2. Directing the department of industry, labor and human relations (DILHR)
to prepare, by February 15, 1996, a plan that structures the new functions and
personnel of DILHR, as affected by this bill.
3. Upgrading the office of workforce excellence in DILHR, which currently
coordinates and implements DILHR's workforce excellence initiatives, to the
division of workforce excellence and expanding the duties of that new division to
include planning, coordinating, administering and implementing the youth
apprenticeship program, under which young people receive classroom and
on-the-job training in skilled trades, and the school-to-work program, under which
young people receive training in the skills necessary to make the transition from
school to work.
4. Terminating the youth apprenticeship council and assigning the duties of
that council to the council on workforce excellence.
Currently, a school district is required to bargain collectively in good faith with
the majority representative of its employes in a collective bargaining unit concerning
the wages, hours and conditions of employment of the employes.
This bill provides that a school district is not required to bargain collectively
concerning any decision to create a performance recognition plan or concerning the
amount of any performance recognition award made under such a plan (see also
Education, primary and secondary education).
The bill also provides that a school district is prohibited from bargaining
collectively with respect to reassignment of employes, with or without regard to
seniority, resulting from the decision of the school board to contract with an
individual or group to operate a school as a charter school, as authorized by the bill,
or to convert a school to a charter school, or with respect to the impact of any such
decision on the wages, hours or conditions of employment of the employes who
perform services for the school district; and, in the Milwaukee Public Schools, the
reassignment of employes, with or without regard to seniority, resulting from the
decision of the school board to close or reopen a school, the decision of the school board
to contract for the management or operation of a school, or the decision of the school
board to contract with a nonprofit, private school or agency to provide educational
programs, or the impact of any of these decisions on the wages, hours and conditions
of employment of the employes in the school district.
Currently, subject to certain limitations, the employment relations commission
decides which employes of a school district shall be included in the same collective
bargaining unit with other employes of the school district, but the commission is
directed to avoid fragmentation of units. This bill provides that, upon request of 30%
of the professional employes of a school district who perform any services at a charter
school, the commission must conduct an election for the purpose of permitting the
employes to decide whether they wish to be represented in a separate collective
bargaining unit from any unit that includes other employes of the school district. If
a majority of the employes voting in the election decide to be represented in a
separate unit, the commission must place the employes in such a unit (see also
Education, primary and secondary education).
Environment
Water quality
Under the clean water fund program, this state provides financial assistance
to local governments for projects related to the control of water pollution, including
sewage treatment plants. Under current law, the department of natural resources
(DNR) and the department of administration (DOA) administer the clean water fund
program. This bill increases the amount of general obligation bonds that the state
may issue for the clean water fund program. The bill also establishes the present
value of the subsidies for clean water fund assistance that may be provided in the
1995-97 biennium.
Under current law, the clean water fund program may not provide below
market rate (subsidized) financing for the portion of a project that treats waste from
industrial users. This bill eliminates that restriction.
Currently, the clean water fund program provides financial hardship
assistance to certain communities to further reduce the costs of financing water
pollution control projects. Generally, clean water fund program financial assistance
is provided in the form of a below-market interest rate loan; however, hardship
assistance may be provided in the form of a grant. Under this bill, clean water fund
hardship assistance may only be provided in the form of a no-interest loan.
The bill also changes the eligibility criteria for clean water fund hardship
assistance. Currently, eligibility for clean water fund hardship assistance is based
on the level of wastewater treatment charges in a community compared to adjusted
gross income and property values in the community, per capita adjusted gross income
in the community compared to per capita adjusted gross income in this state and the
average equalized value of a parcel of improved residential property in the
community compared to the average equalized value of a parcel of improved
residential property in this state. Under the bill, a municipality is eligible for clean
water fund hardship assistance if both of the following apply:
1. The median household income in the municipality is 80% or less of the
median household income in this state.
2. The estimated total annual charges per residential user in the municipality
that relate to wastewater treatment would exceed 2.5% of the median household
income in the municipality in the absence of hardship assistance.
The current eligibility criteria for hardship assistance continue to apply to
municipalities that received hardship assistance for project planning and design
during fiscal years 1991 to 1995 or whose construction projects appeared on the 1993,
1994 or 1995 hardship funding list.
