AB150-engrossed,2064,10
10(11) Issue bonds in accordance with ss. 233.20 to 233.27.
AB150-engrossed,2064,12
11(12) Seek financing from, and incur indebtedness to, the Wisconsin Health and
12Educational Facilities Authority.
AB150-engrossed,2064,15
13(13) Construct or improve facilities that are on state-owned land, if approval
14requirements under s. 16.85 (14) are met and if the state agency having authority
15to approve construction or improvement projects on the land approves the project.
AB150-engrossed,2064,17
16(15) Acquire, design, construct or improve any facility that is not located on
17state-owned land.
AB150-engrossed,2064,18
18(16) Buy, sell and lease real estate.
AB150-engrossed,2064,19
19233.04 Duties of authority. The authority shall do all of the following:
AB150-engrossed,2065,2
20(1) By October 1, 1997, and annually thereafter, submit to the chief clerk of
21each house of the legislature under s. 13.172 (2), the president of the board of regents,
22the secretary of administration and the governor a report on the patient care,
23education, research and community service activities and accomplishments of the
24authority and an audited financial statement, certified by an independent auditor,
1of the authority's operations. The financial statement shall include a separate
2accounting of the use of the payment under sub. (7) (f).
AB150-engrossed,2065,4
3(2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a personnel
4structure and other employment policies for employes of the authority.
AB150-engrossed,2065,5
5(3) Contract for any legal services required for the authority.
AB150-engrossed,2065,12
6(3b) (b) Paragraph (a) does not apply unless a lease agreement under sub. (7)
7or (7g), an affiliation agreement under sub. (7m) or (7p), and a contractual services
8agreement under sub. (4) or (4m) are in effect that comply with all applicable
9requirements of those provisions. In the event any of these agreements are not in
10effect, the on-campus facilities and all assets and liabilities, tangible personal
11property, contracts, rules, policies and procedures and pending matters of the
12authority shall transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2065,18
13(4) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate
14and enter into a contractual services agreement with the University of Wisconsin
15Hospitals and Clinics Board for the provision of services by employes of the
16University of Wisconsin Hospitals and Clinics Board beginning on June 29, 1996, for
17an initial period of not more than 2 years. The agreement shall include all of the
18following:
AB150-engrossed,2065,2219
(a) A provision that requires the authority to make adequate payments to the
20University of Wisconsin Hospitals and Clinics Board for any services provided under
21the agreement in advance of their need by the University of Wisconsin Hospitals and
22Clinics Board to pay its employes for such services.
AB150-engrossed,2065,2323
(b) A provision on a mechanism for the resolution of disputes.
AB150-engrossed,2066,13
24(4m) (a) Submit any modification, extension or renewal of the contractual
25services agreement under sub. (4) to the joint committee on finance. No extension
1or renewal of the contractual services agreement may be for a period of more than
22 years. If the cochairpersons of the committee do not notify the authority and the
3University of Wisconsin Hospitals and Clinics Board that the committee has
4scheduled a meeting for the purpose of reviewing the modification, extension or
5renewal of the agreement within 14 working days after the date of the submittal
6under this paragraph, the modification, extension or renewal of the agreement may
7be made as proposed by the authority and the University of Wisconsin Hospitals and
8Clinics Board. If, within 14 working days after the date of the submittal under this
9paragraph, the cochairpersons of the committee notify the authority and the
10University of Wisconsin Hospitals and Clinics Board that the committee has
11scheduled a meeting for the purpose of reviewing the proposed modification,
12extension or renewal of the agreement, the modification, extension or renewal of the
13agreement may be made only upon approval of the committee.
AB150-engrossed,2066,1814
(b) If the committee schedules a meeting under par. (a) with respect to an
15extension or renewal of the agreement and does not approve the agreement, the
16on-campus facilities and all assets and liabilities, tangible personal property,
17contracts, rules, policies and procedures and pending matters of the authority shall
18transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2066,22
19(4r) (a) Not contract for those services that are provided to the authority by the
20University of Wisconsin Hospitals and Clinics Board by state employes in the
21collective bargaining units specified in s. 111.825 (1m) with any person other than
22the University of Wisconsin Hospitals and Clinics Board.
AB150-engrossed,2066,2523
(b) The authority shall not employ or retain any person to perform the services
24specified in par. (a) other than a person employed by the University of Wisconsin
25Hospitals and Clinics Board.
AB150-engrossed,2067,2
1(5) Establish the authority's annual budget and monitor the fiscal
2management of the authority.
AB150-engrossed,2067,4
3(6) Procure liability insurance covering its officers, employes and agents and
4procure insurance against any loss in connection with its property and other assets.
AB150-engrossed,2067,8
5(7) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate
6and enter into a lease agreement with the board of regents to lease the on-campus
7facilities beginning on June 29, 1996, for an initial period of not more than 5 years.
8The lease agreement shall include all of the following:
AB150-engrossed,2067,129
(a) A provision that requires the authority to pay the state an amount
10determined under this paragraph for the lease of the on-campus facilities that are
11leased under the agreement. The amount of the rental payment for the on-campus
12facilities may not be less than the greater of the following:
AB150-engrossed,2067,1813
1. An amount equal to the debt service accruing during the term of the lease
14agreement on all outstanding bonds issued by the state for the purpose of financing
15the acquisition, construction or improvement of on-campus facilities that are leased
16under the agreement, regardless of whether these bonds are issued before or after
17the lease agreement is entered into. The definition of "bond" under s. 233.01 (4) does
18not apply to this subdivision.
AB150-engrossed,2067,2019
2. A nominal amount determined by the parties to be necessary to prevent the
20lease agreement from being unenforceable because of a lack of consideration.
AB150-engrossed,2067,2321
(b) A provision that requires the authority to conduct its operations in such a
22way so that it will not adversely affect the exclusion of interest on bonds issued by
23the state from gross income under
26 USC 103 for federal income tax purposes.
AB150-engrossed,2067,2424
(c) A provision that gives the state ownership of all of the following:
AB150-engrossed,2068,2
11. Any improvements or modifications made by the authority to on-campus
2facilities that are leased to the authority under the lease agreement.
AB150-engrossed,2068,33
2. Any facility that the authority constructs on state-owned land.
AB150-engrossed,2068,64
(d) A provision that specifies an amount and that exempts any construction or
5improvement project on state-owned land that costs less than the amount from
6review and approval under s. 16.85 (14).
AB150-engrossed,2068,107
(e) Any provision necessary to ensure that the general management and
8operation of the on-campus facilities are consistent with the mission and
9responsibilities of the University of Wisconsin System specified in ss. 36.01 and
1036.09.
AB150-engrossed,2068,1411
(f) A provision that requires the board of regents to make a payment to the
12authority on June 28, 1996, equal to the unencumbered balance in the appropriation
13account under s. 20.285 (1) (kb), 1993 stats., on such date and requires the authority
14to accept liability for all encumbrances against the appropriation on that date.
AB150-engrossed,2068,2015
(g) A provision that protects the board of regents from all liability associated
16with the management, operation, use or maintenance of the on-campus facilities.
17No such provision shall make the authority liable for the acts or omissions of any
18officer, employe or agent of the board of regents, including any student who is
19enrolled at an institution or center within the University of Wisconsin System,
20unless the officer, employe or agent acts at the direction of the authority.
AB150-engrossed,2068,2121
(h) A provision on a mechanism for the resolution of disputes.
AB150-engrossed,2069,9
22(7g) (a) Submit any modification, extension or renewal of the lease agreement
23under sub. (7) to the joint committee on finance. No extension or renewal of the lease
24agreement may be for a period of more than 5 years. If the cochairpersons of the
25committee do not notify the authority and the board of regents that the committee
1has scheduled a meeting for the purpose of reviewing the modification, extension or
2renewal of the agreement within 14 working days after the date of the submittal
3under this paragraph, the modification, extension or renewal of the agreement may
4be made as proposed by the authority and the board of regents. If, within 14 working
5days after the date of the submittal under this paragraph, the cochairpersons of the
6committee notify the authority and the board of regents that the committee has
7scheduled a meeting for the purpose of reviewing the proposed modification,
8extension or renewal of the agreement, the modification, extension or renewal of the
9agreement may be made only upon approval of the committee.
AB150-engrossed,2069,1410
(b) If the committee schedules a meeting under par. (a) with respect to an
11extension or renewal of the agreement and does not approve the agreement, the
12on-campus facilities and all assets and liabilities, tangible personal property,
13contracts, rules, policies and procedures and pending matters of the authority shall
14transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2069,19
15(7m) Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), negotiate
16and enter into an affiliation agreement with the board of regents. The affiliation
17agreement shall take effect on June 29, 1996. The initial period of the affiliation
18agreement shall run concurrently with the initial period of the lease agreement
19under sub. (7), and the affiliation agreement shall include all of the following:
AB150-engrossed,2069,2220
(a) A provision that ensures the authority retains cash reserves at a level not
21lower than the level recommended by the independent auditor specified under sub.
22(1).
AB150-engrossed,2069,2423
(b) Provisions that ensure support of the educational, research and clinical
24activities of the University of Wisconsin-Madison by the authority.
AB150-engrossed,2070,4
1(c) A provision that requires the development of standards relating to the
2selection and financing by the authority of any corporation or partnership that
3provides health-related services. The standards shall be consistent with the
4missions of the authority and the board of regents.
AB150-engrossed,2070,65
(d) A provision that requires the board of regents to make reasonable charges
6for any services provided by the board of regents to the authority.
AB150-engrossed,2070,77
(e) A provision establishing a mechanism for the resolution of disputes.
AB150-engrossed,2070,20
8(7p) (a) Submit any modification, extension or renewal of the affiliation
9agreement under sub. (7m) to the joint committee on finance. No extension or
10renewal of the affiliation agreement may be for a period of more than 5 years. If the
11cochairpersons of the committee do not notify the authority and the board of regents
12that the committee has scheduled a meeting for the purpose of reviewing the
13modification, extension or renewal of the agreement within 14 working days after the
14date of the submittal under this paragraph, the modification, extension or renewal
15of the agreement may be made as proposed by the authority and the board of regents.
16If, within 14 working days after the date of the submittal under this paragraph, the
17cochairpersons of the committee notify the authority and the board of regents that
18the committee has scheduled a meeting for the purpose of reviewing the proposed
19modification, extension or renewal of the agreement, the modification, extension or
20renewal of the agreement may be made only upon approval of the committee.
AB150-engrossed,2070,2521
(b) If the committee schedules a meeting under par. (a) with respect to an
22extension or renewal of the agreement and does not approve the agreement, the
23on-campus facilities and all assets and liabilities, tangible personal property,
24contracts, rules, policies and procedures and pending matters of the authority shall
25transfer to or otherwise become the obligation of the board of regents.
AB150-engrossed,2071,4
1(7s) Prior to negotiation of extension or renewal of the initial lease agreement
2under sub. (7) or the initial affiliation agreement under sub. (7m), notify the
3legislative audit bureau and cooperate with the bureau in its performance of the
4audit required under s. 13.94 (1) (o).
AB150-engrossed,2071,6
5(8) Use the building commission as a financial consultant to assist and
6coordinate the issuance of bonds under this chapter.
AB150-engrossed,2071,9
7(9) Provide, on a monthly basis, the secretary of administration with such
8financial and statistical information as is required by the secretary of
9administration.
AB150-engrossed,2071,12
10(10) Operate a poison control center under s. 146.57. If Children's Hospital of
11Wisconsin in the city of Milwaukee ceases to operate a poison control center under
12s. 146.57, the authority shall administer a statewide poison control program.
AB150-engrossed,2071,17
13233.10 Appointment of employes; employe compensation and benefits. 14(1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act .... (this act), section 9159
15(2) and (4), the authority shall employ such employes as it may require and shall
16determine the qualifications and duties of its employes. Appointments to and
17promotions in the authority shall be made according to merit and fitness.
AB150-engrossed,2071,21
18(2) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage
19in collective bargaining with employes in a collective bargaining unit for which a
20representative is recognized or certified under subch. V of ch. 111, the authority shall
21determine all of the following:
AB150-engrossed,2071,2222
(a) The compensation of the employes of the authority.
AB150-engrossed,2072,223
(b) The kinds of leave to which an employe of the authority is entitled, including
24paid annual leave of absence, paid sick leave and unpaid leave of absence, except that
25unused sick leave accumulated prior to July 1, 1997, shall be carried over and made
1available for the employe's use for appropriate sick leave purposes or for conversion
2as provided under s. 40.05 (4) (b), (bd), (be), (bm) or (bp).
AB150-engrossed,2072,43
(c) Any other employment benefits to which an employe of the authority is
4entitled.
AB150-engrossed,2072,6
5(3) (a) In this subsection and subs. (3m), (4) and (6), "carry-over employe"
6means an employe of the authority who satisfies all of the following:
AB150-engrossed,2072,87
1. The employe is offered employment by the authority on or before June 29,
81996.
AB150-engrossed,2072,109
2. Immediately prior to beginning employment with the authority, the employe
10was employed by the state other than in an academic staff appointment.
AB150-engrossed,2072,1211
3. The position in which the employe was employed under subd. 2. was at the
12University of Wisconsin Hospital and Clinics.
AB150-engrossed,2072,1713
(b) If an employe of the authority is a member of a collective bargaining unit
14under subch. V of ch. 111 for which a representative has been recognized or certified,
15the authority shall, from June 29, 1996, to June 30, 1997, adhere to the terms of the
16carry-over employe's employment that are specified in the collective bargaining
17agreement covering the carry-over employe.
AB150-engrossed,2072,2118
(c) If an employe of the authority is a carry-over employe and is an employe to
19whom par. (b) does not apply, the authority shall, when setting the terms of the
20carry-over employe's employment during the period beginning on June 29, 1996, and
21ending on June 30, 1997, do all of the following:
AB150-engrossed,2072,2422
1. Pay to the carry-over employe the same compensation that the employe
23would have received if he or she were employed by the state in the position at the
24University of Wisconsin Hospitals and Clinics on June 29, 1996.
AB150-engrossed,2073,5
12. Grant to the carry-over employe, except when he or she is on an unpaid leave
2of absence, a paid holiday on each of the days specified in s. 230.35 (4) (a) as of the
3last day of the employe's employment as a state employe and holiday compensatory
4time off as specified in s. 230.35 (4) (b) as of the last day of the employe's employment
5as a state employe if the employe was entitled to those benefits on that day.
AB150-engrossed,2073,86
3. Grant to the carry-over employe the same paid annual leave of absence, paid
7sick leave and unpaid leave of absence that the employe received as of the last day
8of his or her employment as a state employe.
AB150-engrossed,2073,149
4. Grant to the carry-over employe military leave, treatment of military leave,
10jury service leave and voting leave in accordance with s. 230.35 (3) and (4) (e) and,
11to the extent applicable, rules of the department of employment relations governing
12such leaves for employes in the classified service as of the last day of the employe's
13employment as a state employe if the employe was entitled to those benefits on that
14day.
AB150-engrossed,2073,1715
5. Grant to the carry-over employe the same opportunity for employe training
16provided under s. 230.046 as of the last day of his or her employment as a state
17employe if the employe was entitled to those benefits on that day.
AB150-engrossed,2073,2218
(d) If an employe of the authority is not a carry-over employe and is an employe
19to whom par. (b) does not apply, the authority shall, from June 29, 1996, to June 30,
201997, provide that employe the same rights, benefits and compensation provided to
21a carry-over employe under par. (c) who holds a position at the authority with similar
22duties.
AB150-engrossed,2074,4
23(3m) Unless expressly prohibited under ch. 40 or under federal law, and, for
24a carry-over employe who is a member of a collective bargaining unit under subch.
25V of ch. 111 for which a representative has been recognized or certified, subject to a
1collective bargaining agreement under subch. V of ch. 111, the authority shall, from
2June 29, 1996, to June 30, 1997, not change to the detriment of a carry-over employe
3any employe benefit plan provided to the carry-over employe as of the last day of the
4employe's employment as a state employe.
AB150-engrossed,2074,6
5(3r) (a) In this subsection and sub. (3t), "carry-over employe" means an
6employe of the authority who satisfies all of the following:
AB150-engrossed,2074,87
1. The employe is offered employment by the authority on or before June 29,
81996.
AB150-engrossed,2074,109
2. Immediately prior to beginning employment with the authority, the employe
10was employed in an academic staff appointment.
AB150-engrossed,2074,1211
3. The position in which the employe was employed under subd. 2. was at the
12University of Wisconsin Hospital and Clinics.
AB150-engrossed,2074,1513
(b) If an employe of the authority is a carry-over employe, the authority shall,
14when setting the terms of the carry-over employe's employment for the period
15beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:
AB150-engrossed,2074,1916
1. Enter into an employment contract for such period with the carry-over
17employe. For such period, the contract shall provide the carry-over employe with the
18same procedural guarantees provided to persons having academic staff
19appointments under s. 36.15 on June 29, 1996.
AB150-engrossed,2074,2320
2. Pay to the carry-over employe the same compensation that the employe
21would have received if he or she were employed by the state in his or her academic
22staff appointment at the University of Wisconsin Hospitals and Clinics on June 29,
231996.
AB150-engrossed,2075,524
3. Grant to the carry-over employe, except when he or she is on an unpaid leave
25of absence, a paid holiday on each of the days specified as a holiday in policies and
1procedures established by the board of regents under s. 36.15 (2) as of the last day
2of the employe's employment as a state employe and any holiday compensatory time
3off that may be specified in policies and procedures established by the board of
4regents under s. 36.15 (2) as of the last day of the employe's employment in the
5academic staff appointment.
AB150-engrossed,2075,86
4. Grant to the carry-over employe the same paid annual leave of absence, paid
7sick leave and unpaid leave of absence that the employe received as of the last day
8of his or her employment in the academic staff appointment.
AB150-engrossed,2075,129
5. Grant to the carry-over employe military leave, treatment of military leave,
10jury service leave and voting leave in accordance with policies and procedures
11established by the board of regents under s. 36.15 (2) and, as of the last day of the
12employe's employment in the academic staff appointment.
AB150-engrossed,2075,1613
6. Grant to the carry-over employe the same opportunity for any employe
14training that may be provided under policies and procedures established by the
15board of regents under s. 36.15 (2) as of the last day of his or her employment in the
16academic staff appointment.
AB150-engrossed,2075,20
17(3t) Unless expressly prohibited under ch. 40 or under federal law, the
18authority shall, from June 29, 1996, to June 30, 1997, not change to the detriment
19of a carry-over employe any employe benefit plan provided to the carry-over employe
20as of the last day of the employe's employment in the academic staff appointment.
AB150-engrossed,2076,2
21(4) Notwithstanding the requirement that an employe be a state employe, a
22carry-over employe of the authority who was employed in a position in the classified
23service immediately prior to beginning employment with the authority shall, from
24June 29, 1996, to June 30, 1997, have the same transfer rights under s. 230.29 and
1the rules of the department of employment relations governing transfers as a person
2who holds a position in the classified service.
AB150-engrossed,2076,4
3(6) An employe of the authority to whom s. 230.44 (1) (g) applies may appeal
4personnel decisions of the authority to the personnel commission.
AB150-engrossed,2076,6
5233.13 Closed records. Except as provided in s. 103.13, the authority may
6keep records of the following personnel matters closed to the public:
AB150-engrossed,2076,7
7(1) Examination scores and ranks and other evaluations of applicants.
AB150-engrossed,2076,8
8(2) Dismissals, demotions and other disciplinary actions.
AB150-engrossed,2076,9
9(3) Addresses and home telephone numbers of employes.
AB150-engrossed,2076,10
10(4) Pay survey data obtained from identifiable nonpublic employers.
AB150-engrossed,2076,11
11(5) Names of nonpublic employers contributing pay survey data.
AB150-engrossed,2076,15
12233.17 Liability limited. (1) Neither the state, any political subdivision of
13the state nor any officer, employe or agent of the state or a political subdivision who
14is acting within the scope of employment or agency is liable for any debt, obligation,
15act or omission of the authority.
AB150-engrossed,2076,19
16(2) (a) No officer, employe or agent of the board of regents, including any
17student who is enrolled at an institution or center within the University of Wisconsin
18System, is an agent of the authority unless the officer, employe or agent acts at the
19express written direction of the authority.
AB150-engrossed,2076,2220
(b) Notwithstanding par. (a), no member of the faculty or academic staff of the
21University of Wisconsin System, acting within the scope of his or her employment,
22may be considered, for liability purposes, as an agent of the authority.
AB150-engrossed,2076,25
23233.20 Issuance of bonds. (1) The authority may issue bonds for any
24corporate purpose. All bonds are negotiable for all purposes, notwithstanding their
25payment from a limited source.
AB150-engrossed,2077,3
1(2) The bonds of each issue shall be payable from sources specified in the bond
2resolution under which the bonds are issued or in a related trust agreement, trust
3indenture, indenture of mortgage or deed of trust.