Amendment ASA-AB150

AB150-ASA,1908,2 (3t) Unless expressly prohibited under ch. 40 or under federal law, the authority shall, from June 29, 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-ASA,1908,8 (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 June 29, 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-ASA,1908,10 (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-ASA,1908,12 233.13 Closed records. Except as provided in s. 103.13, the authority may keep records of the following personnel matters closed to the public:

AB150-ASA,1908,13 (1) Examination scores and ranks and other evaluations of applicants.

AB150-ASA,1908,14 (2) Dismissals, demotions and other disciplinary actions.

AB150-ASA,1908,15 (3) Addresses and home telephone numbers of employes.

AB150-ASA,1908,16 (4) Pay survey data obtained from identifiable nonpublic employers.

AB150-ASA,1908,17 (5) Names of nonpublic employers contributing pay survey data.

AB150-ASA,1908,21 233.17 Liability limited. (1) 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-ASA,1908,25 (2) (a) 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 express written direction of the authority.

AB150-ASA,1909,3 (b) Notwithstanding par. (a), no member of the faculty or academic staff of the University of Wisconsin System, acting within the scope of his or her employment, may be considered, for liability purposes, as an agent of the authority.

AB150-ASA,1909,6 233.20 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-ASA,1909,9 (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-ASA,1909,20 (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-ASA,1909,23 (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-ASA,1909,24 (a) Pledging or assigning specified assets or revenues of the authority.

AB150-ASA,1910,2 (b) Setting aside reserves or sinking funds, and the regulation, investment and disposition of these funds.

AB150-ASA,1910,4 (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-ASA,1910,7 (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-ASA,1910,8 (e) Funding, refunding, advance refunding or purchasing outstanding bonds.

AB150-ASA,1910,11 (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-ASA,1910,14 (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-ASA,1910,15 (h) Other matters relating to the bonds that the board considers desirable.

AB150-ASA,1910,19 (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-ASA,1911,3 233.21 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-ASA,1911,9 233.22 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 tax 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-ASA,1911,19 (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-ASA,1912,2 233.23 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-ASA,1912,6 233.26 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-ASA,1912,11 (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-ASA,1912,18 233.27 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 $25,000,000. 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 $25,000,000 limit.

AB150-ASA, s. 6301j Section 6301j. 233.03 (7) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1913,2 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act .... (this act), section 9159 (3) and the duty to engage in collective bargaining with employes in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, 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-ASA, s. 6301m Section 6301m. 233.10 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1913,7 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage in collective bargaining with employes in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111:

AB150-ASA, s. 6301p Section 6301p. 233.10 (6) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

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

AB150-ASA,1913,15 234.01 (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-ASA, s. 6302c Section 6302c. 234.04 (2) of the statutes is amended to read:

AB150-ASA,1914,3 234.04 (2) The authority may make or participate in the making and enter into commitments for the making of long-term mortgage loans to eligible sponsors of housing projects for occupancy by persons and families of low and moderate income, or for the making of homeownership mortgage loans or housing rehabilitation loans to persons and families of low and moderate income, an applicant under s. 234.59 or other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon the determination by the authority that they are not otherwise available from private lenders upon reasonably equivalent terms and conditions. The authority may not make a loan to a person if it receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments. The authority may employ, for such compensation as it determines, the services of any financial institution in connection with any loan.

AB150-ASA, s. 6302r Section 6302r. 234.49 (1) (c) of the statutes is amended to read:

AB150-ASA,1914,8 234.49 (1) (c) "Eligible beneficiary" means a person for whom the authority has not received a certification from the department of health and social services industry, labor and human relations under s. 46.255 49.855 (7) or a family who or which falls within the income limits specified in par. (f).

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

AB150-ASA,1914,14 234.49 (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-ASA, s. 6304 Section 6304. 234.59 (1) (h) of the statutes is amended to read:

AB150-ASA,1914,17 234.59 (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-ASA, s. 6304c Section 6304c. 234.59 (3) (c) of the statutes is amended to read:

AB150-ASA,1914,22 234.59 (3) (c) The authority shall notify an eligible lender if it receives a certification under s. 46.255 49.855 (7) that a person is delinquent in child support or maintenance payments. An eligible lender may not make a loan to an applicant if it receives notification under this paragraph concerning the applicant.

AB150-ASA, s. 6304p Section 6304p. 234.65 (3) (f) of the statutes is amended to read:

AB150-ASA,1915,3 234.65 (3) (f) The authority has not received a certification under s. 46.255 49.855 (7) that the person receiving the loan is delinquent in child support or maintenance payments.

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

AB150-ASA,1915,11 234.75 (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.

AB150-ASA, s. 6305p Section 6305p. 234.90 (3) (d) of the statutes is amended to read:

AB150-ASA,1915,15 234.90 (3) (d) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments.

AB150-ASA, s. 6305r Section 6305r. 234.90 (3g) (c) of the statutes is amended to read:

AB150-ASA,1915,19 234.90 (3g) (c) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments.

AB150-ASA, s. 6305t Section 6305t. 234.905 (3) (d) of the statutes is amended to read:

AB150-ASA,1915,23 234.905 (3) (d) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments.

AB150-ASA, s. 6307m Section 6307m. 236.02 (3) of the statutes is amended to read:

AB150-ASA,1916,6 236.02 (3) "County planning agency" means a rural county planning agency authorized by s. 27.015 27.019, a county park commission authorized by s. 27.02 except that in a county with a county executive or county administrator, the county park manager appointed under s. 27.03 (2), a county zoning agency authorized by s. 59.97 or any agency created by the county board and authorized by statute to plan land use.

AB150-ASA, s. 6308 Section 6308. 236.02 (4) of the statutes is amended to read:

AB150-ASA,1916,9 236.02 (4) "Department" means the department of agriculture, trade and consumer protection development.

AB150-ASA, s. 6309 Section 6309. 236.12 (2) (a) of the statutes is amended to read:

AB150-ASA,1916,23 236.12 (2) (a) Two copies for each of the state agencies required to review the plat to the department which shall examine the plat for compliance with ss. 236.13 (1) (d) and (2m), 236.15, 236.16, 236.20 and 236.21 (1) and (2). If the subdivision abuts or adjoins a state trunk highway or connecting highway, the department shall transmit 2 copies to the department of transportation so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision is not served by a public sewer and provision for such service has not been made, the department shall transmit 2 copies to the department of industry, labor and human relations so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the agencies may designate local officials to act as their agents in examining the plats for compliance with the statutes or their rules by filing a written delegation of authority with the approving body.

AB150-ASA, s. 6310 Section 6310. 236.13 (1) (d) of the statutes is amended to read:

AB150-ASA,1917,4 236.13 (1) (d) The rules of the department of industry, labor and human relations relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by a public sewer, where provision for public sewer service has not been made;

AB150-ASA, s. 6311 Section 6311. 236.13 (2m) of the statutes is amended to read:

AB150-ASA,1917,18 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of industry, labor and human relations development, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, industrial wastes and other wastes, as defined in s. 144.01. The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of industry, labor and human relations development determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

AB150-ASA, s. 6313b Section 6313b. 250.08 (3) of the statutes is amended to read:

AB150-ASA,1918,7 250.08 (3) Primary health care services grants. From the appropriation under s. 20.435 (1) (cp), the department shall award up to $750,000 in each fiscal year $500,000 in fiscal year 1995-96 and up to $250,000 in fiscal year 1996-97 as grants to applying local health departments. Grants under this subsection shall be awarded, under procedures and criteria developed by the department, for the provision, primarily by nurse practitioners who meet the qualifications for certification as medical assistance providers by the department and by public health nurses, of primary health care services in, among other places, maternal and child health clinics and community health settings. Award of a grant to a local health department under this subsection is conditioned upon receipt by the department of an agreement by the county, city or village that has established the local health department to provide funds or in-kind services to match 25% of the amount of a grant awarded.

AB150-ASA, s. 6314 Section 6314. 250.10 of the statutes is amended to read:

AB150-ASA,1918,14 250.10 Grant for dental services. From the appropriation under s. 20.435 (1) (de), the department shall provide funding in each fiscal year to the Marquette university school of dentistry University School of Dentistry for the provision of dental services by the Marquette university school of dentistry University School of Dentistry in correctional centers in Milwaukee County and clinics in the city of Milwaukee.

AB150-ASA, s. 6316 Section 6316. 252.076 (3) of the statutes is amended to read:

AB150-ASA,1918,22 252.076 (3) Management of the 2 jointly housed units shall be separate and distinct. The county home unit shall for all purposes be deemed part of, and managed and operated by the same authorities as any previously established and existing county home of the county. Except as otherwise provided by statute and so far as applicable, this section and ss. 252.073 and 252.08 shall continue to apply to a jointly housed county tuberculosis sanatorium and ss. 49.14 and 49.15 49.70 and 49.703 shall apply to a jointly housed county home or a unit of a jointly housed county home.

AB150-ASA, s. 6317 Section 6317. 252.08 (3) of the statutes is amended to read:

AB150-ASA,1919,4 252.08 (3) Inpatient care exceeding 30 days for pulmonary tuberculosis patients not eligible for federal medicare benefits, for medical assistance under subch. V of ch. 49 or for general health care services funded by a relief block grant under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.

AB150-ASA, s. 6318 Section 6318. 252.10 (6) (g) of the statutes is amended to read:

AB150-ASA,1919,8 252.10 (6) (g) The reimbursement by the state under pars. (a) to (f) shall apply only until to funds that the department allocates for the reimbursement under the appropriation under s. 20.435 (1) (e) is totally expended.

AB150-ASA, s. 6319 Section 6319. 252.12 (2) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1919,16 252.12 (2) (a) Acquired immunodeficiency syndrome services. (intro.) From the appropriations under s. 20.435 (1) (a) and (am), the department shall distribute not more than $2,765,400 in fiscal year 1993-94 and not more than $3,222,100 in fiscal year 1994-95 and from the appropriations under s. 20.435 (1) (mc) and (md) and (6) (mc) the department shall distribute not more than $177,000 in each fiscal year funds for the provision of services to individuals with or at risk of contracting acquired immunodeficiency syndrome, as follows:

AB150-ASA, s. 6320 Section 6320. 252.12 (2) (a) 7. of the statutes is amended to read:

AB150-ASA,1919,22 252.12 (2) (a) 7. `Contracts for counseling and laboratory testing services.' The department shall distribute funding of not more than $442,200 in fiscal year 1993-94 and not more than $510,300 in fiscal year 1994-95 in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous counseling services and laboratory testing services for the presence of HIV.

AB150-ASA, s. 6321 Section 6321. 252.12 (2) (a) 8. of the statutes is amended to read:

AB150-ASA,1920,9 252.12 (2) (a) 8. `Life care and early intervention services.' The department shall award not more than $1,457,500 in fiscal year 1993-94 and not more than $1,647,700 in fiscal year 1994-95 each year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $111,500 in each year from the appropriation under s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (1) (am).

AB150-ASA, s. 6322 Section 6322. 252.14 (1) (d) of the statutes is amended to read: