LRB-3595/3
MDK:cjs&bjk:nwn
2007 - 2008 LEGISLATURE
December 21, 2007 - Introduced by Representatives Rhoades and Black,
cosponsored by Senators Risser and Olsen. Referred to Committee on State
Affairs.
AB646,1,7
1An Act to repeal 13.094, 233.04 (7) (f), 233.04 (8), 233.05 (3) and 233.27;
to
2renumber and amend 15.96;
to amend 15.07 (1) (a) 6., 15.07 (4), 15.96 (title),
3233.02 (1) (a), 233.02 (1) (am), 233.02 (8), 233.03 (11), 233.04 (1), 233.04 (3b) (a)
41., 233.04 (10) and 233.10 (2) (intro.);
to repeal and recreate 15.07 (4); and
to
5create 15.96 (2) and 233.20 (3m) of the statutes;
relating to: the University
6of Wisconsin Hospitals and Clinics Board and the University of Wisconsin
7Hospitals and Clinics Authority.
Analysis by the Legislative Reference Bureau
Under current law, the board of directors of the University of Wisconsin
Hospitals and Clinics Authority (UWHCA) must contract with the University of
Wisconsin Hospitals and Clinics Board (UWHCB) for all nonprofessional services
performed at the UWHCA. This bill makes various changes to current law regarding
both the UWHCA and UWHCB.
UWHCA changes. The bill changes the membership of the board of directors
of the UWHCA. Under current law, three members of the board of directors are
appointed by the governor, with the advice and consent of the senate, for three-year
terms. Under this bill, the governor must appoint, with the advise and consent of the
senate, six members for five-year terms. The bill also allows each chair of the joint
committee on finance (JCF) to appoint any member of the legislature as a member
of the board of directors. Current law limits each chair's appointment authority to
a member of the JCF, rather than to any member of the legislature. The bill also
changes the quorum required for a meeting of the board of directors to eight voting
members, rather than the six voting members required under current law.
The bill also creates requirements that apply to bonds issued by the UWHCA,
or indebtedness that the UWHCA incurs to the Wisconsin Health and Educational
Facilities Authority. The bill prohibits the UWHCA from issuing bonds or incurring
such indebtedness unless the bonds or indebtedness are a refinancing of existing
bonds or indebtedness, or unless the JCF votes to approve the bonds or indebtedness
and the secretary of administration, or his or her designee, has issued a written
approval.
If the bonds or indebtedness are not a refinancing, or if the votes or approvals
described above have not occurred, then the bill prohibits the UWHCA from issuing
the bonds or incurring the indebtedness unless the UWHCA has a bond rating
specified in the bill and the UWHCA notifies the JCF and the secretary of
administration about the amount, and the use of the proceeds, of the proposed bonds
or indebtedness. In addition, the UWHCA must wait 30 working days after
providing such notifications. The bill allows the UWHCA to issue the bonds or incur
the indebtedness only if the following conditions are satisfied: 1) the JCF does not
notify the UWHCA before the end of the 30-day waiting period that JCF has
scheduled a meeting to review the proposed bonds or indebtedness; and 2) the
secretary of DOA does not notify the UWHCA before the end of the 30-day waiting
period that the secretary will conduct further review of the proposed bonds or
indebtedness.
In addition, the bill repeals a prohibition under current law on the UWHCA
issuing bonds, or incurring indebtedness described above, if the aggregate principal
amount of the UWHCA's outstanding bonds, together with all such indebtedness,
would exceed $235,000,000. Also, the bill eliminates a requirement under current
law that the UWHCA must use the building commission as financial consultant for
the issuance of bonds.
The bill also does the following:
1. Eliminates a requirement for the JCF to review certain agreements between
the board of directors of the UWHCA and the board of directors of the University of
Wisconsin System (UW system).
2. Requires the UWHCA to maintain, control, and supervise the use of the
University of Wisconsin Hospitals and Clinics for the purpose of delivering
high-quality health care, rather than high-quality and comprehensive health care
as required under current law.
3. Eliminates a requirement under current law that the board of directors must
operate a statewide poison control center, but, except for correcting the name of a
children's hospital, does not affect a requirement under current law for the board of
directors to operate such a center if the children's hospital ceases to operate such a
center.
4. Repeals outdated references to a payment that the Board of Regents of the
UW system was required to make to the UWHCA board of directors in 1996.
UWHCB changes. The bill changes the membership of the UWHCB in the
same manner that the bill changes the membership of the board of directors of the
UWHCA. Under current law, three members of the UWHCB are appointed by the
governor, with the advice and consent of the senate, for three-year terms. Under this
bill, the governor must appoint, with the advise and consent of the senate, six
members for five-year terms. The bill also allows each chair of the joint committee
on finance (JCF) to appoint any member of the legislature as a member. Current law
limits each chair's appointment authority to a member of the JCF, rather than to any
member of the legislature. The bill also provides that the quorum required for a
meeting of the UWHCB is eight voting members.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB646, s. 1
1Section
1. 13.094 of the statutes is repealed.
AB646, s. 2
2Section
2. 15.07 (1) (a) 6. of the statutes is amended to read:
AB646,3,53
15.07
(1) (a) 6. Members of the University of Wisconsin Hospitals and Clinics
4Board appointed under s. 15.96
(8) (1) (h) shall be appointed by the governor without
5senate confirmation.
AB646, s. 3
6Section
3. 15.07 (4) of the statutes is amended to read:
AB646,3,127
15.07
(4) Quorum. A majority of the membership of a board constitutes a
8quorum to do business and, unless a more restrictive provision is adopted by the
9board, a majority of a quorum may act in any matter within the jurisdiction of the
10board. This subsection does not apply to actions of
the University of Wisconsin
11Hospitals and Clinics Board, the ethics board
, or the school district boundary appeal
12board as provided in ss.
15.96 (2), 19.47 (4) and 117.05 (2) (a).
AB646, s. 4
13Section
4. 15.07 (4) of the statutes, as affected by
2007 Wisconsin Act 1 and
142007 Wisconsin Act .... (this act), is repealed and recreated to read:
AB646,4,315
15.07
(4) Quorum. A majority of the membership of a board constitutes a
16quorum to do business and, unless a more restrictive provision is adopted by the
17board, a majority of a quorum may act in any matter within the jurisdiction of the
1board. This subsection does not apply to actions of the government accountability
2board, the University of Wisconsin Hospitals and Clinics Board, or the school district
3boundary appeal board as provided in ss. 5.05 (1e), 15.96 (2), and 117.05 (2) (a).
AB646, s. 5
4Section
5. 15.96 (title) of the statutes is amended to read:
AB646,4,6
515.96 (title)
University of Wisconsin Hospitals and Clinics Board;
6creation.
AB646, s. 6
7Section
6. 15.96 of the statutes is renumbered 15.96 (1), and 15.96 (1) (a) and
8(am), as renumbered, are amended to read.
AB646,4,109
15.96
(1) (a)
Three Six members nominated by the governor, and with the
10advice and consent of the senate appointed, for
3-year
5-year terms.
AB646,4,1211
(am) Each cochairperson of the joint committee on finance or a member of the
12committee legislature designated by that cochairperson.
AB646, s. 7
13Section
7. 15.96 (2) of the statutes is created to read:
AB646,4,1614
15.96
(2) Eight voting members of the University of Wisconsin Hospitals and
15Clinics Board constitute a quorum for the purpose of conducting the business and
16exercising the powers of the board, notwithstanding the existence of a vacancy.
AB646, s. 8
17Section
8. 233.02 (1) (a) of the statutes is amended to read:
AB646,4,1918
233.02
(1) (a)
Three Six members nominated by the governor, and with the
19advice and consent of the senate appointed, for
3-year
5-year terms.
AB646, s. 9
20Section
9. 233.02 (1) (am) of the statutes is amended to read:
AB646,4,2221
233.02
(1) (am) Each cochairperson of the joint committee on finance or a
22member of the
committee legislature designated by that cochairperson.
AB646, s. 10
23Section
10. 233.02 (8) of the statutes is amended to read:
AB646,5,724
233.02
(8) The members of the board of directors shall annually elect a
25chairperson and may elect other officers as they consider appropriate.
Six Eight
1voting members of the board of directors constitute a quorum for the purpose of
2conducting the business and exercising the powers of the authority, notwithstanding
3the existence of any vacancy. The members of the board of directors specified under
4sub. (1) (c) and (g) may not be the chairperson of the board of directors for purposes
5of
1995 Wisconsin Act 27, section
9159 (2). The board of directors may take action
6upon a vote of a majority of the members present, unless the bylaws of the authority
7require a larger number.
AB646, s. 11
8Section
11. 233.03 (11) of the statutes is amended to read:
AB646,5,99
233.03
(11) Issue bonds in accordance with ss. 233.20 to
233.27 233.26.
AB646, s. 12
10Section
12. 233.04 (1) of the statutes is amended to read:
AB646,5,1711
233.04
(1) By October 1, 1997, and annually thereafter, submit to the chief
12clerk of each house of the legislature under s. 13.172 (2), the president of the board
13of regents, the secretary of administration and the governor a report on the patient
14care, education, research and community service activities and accomplishments of
15the authority and an audited financial statement, certified by an independent
16auditor, of the authority's operations.
The financial statement shall include a
17separate accounting of the use of the payment under sub. (7) (f).
AB646, s. 13
18Section
13. 233.04 (3b) (a) 1. of the statutes is amended to read:
AB646,5,2119
233.04
(3b) (a) 1. Delivering
comprehensive, high-quality health care to
20patients using the hospitals and to those seeking care from its programs, including
21a commitment to provide such care for the medically indigent.
AB646, s. 14
22Section
14. 233.04 (7) (f) of the statutes is repealed.
AB646, s. 15
23Section
15. 233.04 (8) of the statutes is repealed.
AB646, s. 16
24Section
16. 233.04 (10) of the statutes is amended to read:
AB646,6,4
1233.04
(10) Operate a poison control center under s. 146.57. If Children's
2Hospital
of Wisconsin in the city of Milwaukee and Health System ceases to operate
3a poison control center under s. 146.57,
the authority shall administer a statewide
4poison control program.
AB646, s. 17
5Section
17. 233.05 (3) of the statutes is repealed.
AB646, s. 18
6Section
18. 233.10 (2) (intro.) of the statutes is amended to read:
AB646,6,107
233.10
(2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty
8to engage in collective bargaining with employees in a collective bargaining unit for
9which a representative is recognized or certified under subch. I of ch. 111
, the
10authority shall establish any of the following:
AB646, s. 19
11Section
19. 233.20 (3m) of the statutes is created to read:
AB646,6,1312
233.20
(3m) The authority may not issue bonds or incur indebtedness
13described under s. 233.03 (12) unless one of the following applies:
AB646,6,1514
(a) The bonds or indebtedness are a refinancing of existing bonds or
15indebtedness.
AB646,7,216
(b) If the authority has an unenhanced bond rating in the category of A or better
17from Moody's Investor Service, Inc., or in the category of A or better from Standard
18& Poor's Corporation, or equivalent ratings from those or comparable rating agencies
19when such rating systems or rating agencies no longer exist, the authority has
20provided notice to the joint committee on finance and the secretary of administration
21of the bond rating of the authority, the amount of the proposed bonds or indebtedness,
22and the proposed use of the proceeds, and the joint committee on finance has not
23notified the authority within 30 working days after receipt of the notice that the joint
24committee on finance has scheduled a meeting to review the proposed bonds or
25indebtedness and the secretary of administration has not notified the authority
1within 30 working days after receipt of the notice that the secretary will conduct
2further review of the proposed bonds or indebtedness.
AB646,7,53
(c) The joint committee on finance votes to approve the amount of the bonds or
4indebtedness and the secretary of administration, or his or her designee, has issued
5written approval of the bonds or indebtedness.