AB40: Bill Text

AB40, s. 2785 Section 2785. 231.35 (6) (a) of the statutes is amended to read:

AB40,1049,12 231.35 (6) (a) The authority shall enter into a guarantee agreement with any person who makes loans described under sub. (3) (b) and who wishes to have those loans guaranteed under this section. The guarantee agreement shall comply with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40, s. 2786 Section 2786. 231.35 (6) (b) of the statutes is amended to read:

AB40,1049,18 231.35 (6) (b) The authority may use money from the rural hospital loan fund to guarantee loans made for the purposes described in sub. (3) (b), if the authority sets out the terms and conditions of the guarantee in a guarantee agreement that complies with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40, s. 2787 Section 2787. 231.35 (7) (intro.) of the statutes is amended to read:

AB40,1049,22 231.35 (7) (intro.) With the advice of the rural health development council, the department of commerce administration shall promulgate rules specifying all of the following:

AB40, s. 2788 Section 2788. 233.01 (3) of the statutes is repealed.

AB40, s. 2789 Section 2789. 233.01 (3m) of the statutes is created to read:

AB40,1050,2 233.01 (3m) "Board of Trustees" means the Board of Trustees of the University of Wisconsin–Madison.

AB40, s. 2790 Section 2790. 233.01 (6) of the statutes is amended to read:

AB40,1050,7 233.01 (6) "Lease agreement" means the lease agreement that is required to be entered into between the board of directors and the board of regents Board of Trustees under s. 233.04 (7) or a lease agreement that is entered into between the board of directors and the board of regents Board of Trustees under s. 233.04 (7g).

AB40, s. 2791 Section 2791. 233.01 (7) of the statutes is amended to read:

AB40,1050,13 233.01 (7) "On-campus facilities" means facilities that are located on land owned by the state or the University of Wisconsin–Madison, that are under the control of the board of regents the Board of Trustees, and that are primarily related to the operation of the University of Wisconsin Hospitals and Clinics and its related services.

AB40, s. 2792 Section 2792. 233.02 (1) (b) of the statutes is amended to read:

AB40,1050,16 233.02 (1) (b) Three members of the board of regents Board of Trustees appointed by the president chairperson of the board of regents Board of Trustees.

AB40, s. 2793 Section 2793. 233.02 (1) (d) of the statutes is amended to read:

AB40,1050,19 233.02 (1) (d) The dean of the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health.

AB40, s. 2794 Section 2794. 233.02 (1) (e) of the statutes is amended to read:

AB40,1050,23 233.02 (1) (e) A chairperson of a department at the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health, appointed by the chancellor of the University of Wisconsin-Madison.

AB40, s. 2795 Section 2795. 233.02 (1) (f) of the statutes is amended to read:

AB40,1051,4 233.02 (1) (f) A faculty member of a health professions school of the University of Wisconsin-Madison health professions school, other than the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health, appointed by the chancellor of the University of Wisconsin-Madison.

AB40, s. 2796 Section 2796. 233.03 (2) of the statutes is amended to read:

AB40,1051,12 233.03 (2) Sue and be sued; have a seal and alter the seal at pleasure; have perpetual existence; maintain an office; negotiate and enter into leases; accept gifts or grants, but not including research grants in which the grant investigator is an employee of the board of regents Board of Trustees; accept bequests or loans; accept and comply with any lawful conditions attached to federal financial assistance; and make and execute other instruments necessary or convenient to the exercise of the powers of the authority.

AB40, s. 2797 Section 2797. 233.03 (10) of the statutes is amended to read:

AB40,1051,19 233.03 (10) Enter into procurement contracts with the board of regents Board of Trustees or joint contracts with the board of regents Board of Trustees for procurements from 3rd parties and may enter into other contracts, rental agreements and cooperative agreements and other necessary arrangements with the board of regents Board of Trustees which may be necessary and convenient for the missions, purposes, objects and uses of the authority authorized by law.

AB40, s. 2798 Section 2798. 233.04 (1) of the statutes is amended to read:

AB40,1052,2 233.04 (1) By October 1, 1997, and annually thereafter, submit to the chief clerk of each house of the legislature under s. 13.172 (2), the president chairperson of the board of regents Board of Trustees, the secretary of administration and the governor a report on the patient care, education, research and community service activities and accomplishments of the authority and an audited financial statement, certified by an independent auditor, of the authority's operations.

AB40, s. 2799 Section 2799. 233.04 (3b) (b) of the statutes is amended to read:

AB40,1052,9 233.04 (3b) (b) Paragraph (a) does not apply unless a lease agreement under sub. (7) or (7g) and an affiliation agreement under sub. (7m) or (7p) are in effect that comply with all applicable requirements of those provisions. In the event either of these agreements are not in effect, the on-campus facilities and any improvements, modifications or other facilities specified in sub. (7) (c) shall transfer to the board of regents Board of Trustees.

AB40, s. 2800 Section 2800. 233.04 (4m) (b) of the statutes is amended to read:

AB40,1052,16 233.04 (4m) (b) If a lease agreement under sub. (7) or (7g) or an affiliation agreement under sub. (7m) or (7p) is not in effect, the contractual services agreement is terminated and the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the board of directors that meets the requirements under sub. (4) (a) and (b) or with the board of regents Board of Trustees that meets the requirements under s. 36.25 37.25 (13g) (c).

AB40, s. 2801 Section 2801. 233.04 (7) (intro.) of the statutes is amended to read:

AB40,1052,22 233.04 (7) (intro.) Subject to s. 233.05 (1) and 1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into a lease agreement with the board of regents Board of Trustees to lease the on-campus facilities beginning on June 29, 1996, for an initial period of not more than 30 years. The lease agreement shall include all of the following:

AB40, s. 2802 Section 2802. 233.04 (7) (e) of the statutes is amended to read:

AB40,1053,2 233.04 (7) (e) Any provision necessary to ensure that the general management and operation of the on-campus facilities are consistent with the mission and responsibilities of the University of Wisconsin System Wisconsin–Madison specified in ss. 36.01 37.001 and 36.09 37.03.

AB40, s. 2803 Section 2803. 233.04 (7) (g) of the statutes is amended to read:

AB40,1053,10 233.04 (7) (g) A provision that protects the board of regents Board of Trustees from all liability associated with the management, operation, use or maintenance of the on-campus facilities. No such provision shall make the authority liable for the acts or omissions of any officer, employee or agent of the board of regents Board of Trustees, including any student who is enrolled at the University of Wisconsin–Madison or an institution within the University of Wisconsin System, unless the officer, employee or agent acts at the direction of the authority.

AB40, s. 2804 Section 2804. 233.04 (7g) (a) of the statutes is amended to read:

AB40,1053,16 233.04 (7g) (a) Submit any modification, extension or renewal of the lease agreement under sub. (7) to the joint committee on finance. No extension or renewal of the lease agreement may be for a period of more than 30 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents Board of Trustees only upon approval of the committee.

AB40, s. 2805 Section 2805. 233.04 (7g) (b) of the statutes is amended to read:

AB40,1053,21 233.04 (7g) (b) If the committee does not approve an extension or renewal of the agreement, the on-campus facilities and any improvements, modifications or other facilities specified in sub. (7) (c) shall transfer to the board of regents Board of Regents.

AB40, s. 2806 Section 2806. 233.04 (7m) (intro.) of the statutes is amended to read:

AB40,1054,3 233.04 (7m) (intro.) Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into an affiliation agreement with the board of regents Board of Trustees. The affiliation agreement shall take effect on June 29, 1996. The initial period of the affiliation agreement shall run concurrently with the initial period of the lease agreement under sub. (7), and the affiliation agreement shall include all of the following:

AB40, s. 2807 Section 2807. 233.04 (7m) (c) of the statutes is amended to read:

AB40,1054,9 233.04 (7m) (c) A provision that requires the development of standards relating to the selection and financing by the authority of any corporation or partnership that provides health-related services. The standards shall be consistent with the missions of the authority and the board of regents Board of Trustees.

AB40, s. 2808 Section 2808. 233.04 (7m) (d) of the statutes is amended to read:

AB40,1054,13 233.04 (7m) (d) A provision that requires the board of regents Board of Trustees to make reasonable charges for any services provided by the board of regents Board of Trustees to the authority.

AB40, s. 2809 Section 2809. 233.04 (7p) (a) of the statutes is amended to read:

AB40,1054,20 233.04 (7p) (a) Submit any modification, extension or renewal of the affiliation agreement under sub. (7m) to the joint committee on finance. No extension or renewal of the affiliation agreement may be for a period of more than 30 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents Board of Trustees only upon approval of the committee.

AB40, s. 2810 Section 2810. 233.04 (7p) (b) of the statutes is amended to read:

AB40,1054,25 233.04 (7p) (b) If the committee does not approve an extension or renewal of the agreement, the on-campus facilities and any improvements, modifications or other facilities specified in sub. (7) (c) shall transfer to the board of regents Board of Trustees.

AB40, s. 2811 Section 2811. 233.05 (1) (a) 1. of the statutes is amended to read:

AB40,1055,4 233.05 (1) (a) 1. The board of directors or the board of regents Board of Trustees adopts a resolution opposing the automatic extensions or the joint committee on finance takes action opposing the automatic extensions.

AB40, s. 2812 Section 2812. 233.05 (2) (a) 1. of the statutes is amended to read:

AB40,1055,8 233.05 (2) (a) 1. The board of directors or the board of regents Board of Trustees adopts a resolution opposing the automatic extension or the joint committee on finance takes action opposing the automatic extension.

AB40, s. 2813 Section 2813. 233.10 (3r) (b) 3. of the statutes is amended to read:

AB40,1055,17 233.10 (3r) (b) 3. Grant to the carry-over employee, except when he or she is on an unpaid leave of absence, a paid holiday on each of the days specified as a holiday in policies and procedures established by the board of regents Board of Regents under s. 36.15 (2) as of the last day of the employee's employment as a state employee and any holiday compensatory time off that may be specified in policies and procedures established by the board of regents Board of Regents of the University of Wisconsin System under s. 36.15 (2) as of the last day of the employee's employment in the academic staff appointment.

AB40, s. 2814 Section 2814. 233.10 (3r) (b) 5. of the statutes is amended to read:

AB40,1055,23 233.10 (3r) (b) 5. Grant to the carry-over employee military leave, treatment of military leave, jury service leave and voting leave in accordance with policies and procedures established by the board of regents Board of Regents of the University of Wisconsin System under s. 36.15 (2) and, as of the last day of the employee's employment in the academic staff appointment.

AB40, s. 2815 Section 2815. 233.10 (3r) (b) 6. of the statutes is amended to read:

AB40,1056,5 233.10 (3r) (b) 6. Grant to the carry-over employee the same opportunity for any employee training that may be provided under policies and procedures established by the board of regents Board of Regents of the University of Wisconsin System under s. 36.15 (2) as of the last day of his or her employment in the academic staff appointment.

AB40, s. 2816 Section 2816. 233.17 (2) (a) of the statutes is amended to read:

AB40,1056,11 233.17 (2) (a) No officer, employee or agent of the board of regents Board of Regents or Board of Trustees, including any student who is enrolled at the University of Wisconsin–Madison or an institution within the University of Wisconsin System, is an agent of the authority unless the officer, employee or agent acts at the express written direction of the authority.

AB40, s. 2817 Section 2817. 233.17 (2) (b) of the statutes is amended to read:

AB40,1056,16 233.17 (2) (b) Notwithstanding par. (a), no member of the faculty or academic staff of the University of Wisconsin System Wisconsin–Madison, acting within the scope of his or her employment, may be considered, for liability purposes, as an agent of the authority.

AB40, s. 2818 Section 2818. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

AB40,1056,21 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (c), 2005 stats., s. 560.605 (2m) (d), 2005 stats., s. 560.605 (2m) (e), 2005 stats., s. 560.605 (2m) (g), 2007 stats., and s. 560.605 (2m) (a), (b), (f), and (h), 2009 stats.

AB40, s. 2819 Section 2819. 234.02 (1) of the statutes is amended to read:

AB40,1057,13 234.02 (1) There is created a public body corporate and politic to be known as the "Wisconsin Housing and Economic Development Authority." The members of the authority shall be the secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation or his or her designee and the secretary of administration or his or her designee, and 6 public members nominated by the governor, and with the advice and consent of the senate appointed, for staggered 4-year terms commencing on the dates their predecessors' terms expire. In addition, one senator of each party and one representative to the assembly of each party appointed as are the members of standing committees in their respective houses shall serve as members of the authority. A member of the authority shall receive no compensation for services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the discharge of duties. Subject to the bylaws of the authority respecting resignations, each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member shall be filed with the authority and the certificate shall be conclusive evidence of the due and proper appointment.

AB40, s. 2820 Section 2820. 234.032 (2) (intro.) of the statutes is amended to read:

AB40,1057,17 234.032 (2) (intro.) The authority, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the authority:

AB40, s. 2821 Section 2821. 234.034 of the statutes is amended to read:

AB40,1057,22 234.034 Consistency with state housing strategy plan. Subject to agreements with bondholders or noteholders, the authority shall exercise its powers and perform its duties related to housing consistent with the state housing strategy plan under s. 560.9802 234.5602.

AB40, s. 2822 Section 2822. 234.06 (1) of the statutes is amended to read:

AB40,1058,7 234.06 (1) The authority may, as authorized in the state housing strategy plan under s. 560.9802 234.5602, use the moneys held in the housing development fund to make temporary loans to eligible sponsors, with or without interest, and with such security for repayment, if any, as the authority determines reasonably necessary and practicable, solely from the housing development fund, to defray development costs for the construction of proposed housing projects for occupancy by persons and families of low and moderate income. No temporary loan may be made unless the authority may reasonably anticipate that satisfactory financing may be obtained by the eligible sponsor for the permanent financing of the housing project.

AB40, s. 2823 Section 2823. 234.06 (3) of the statutes is amended to read:

AB40,1058,18 234.06 (3) The authority may, as authorized in the state housing strategy plan under s. 560.9802 234.5602, use the moneys held in the housing development fund to establish and administer programs of grants to counties, municipalities, and eligible sponsors of housing projects for persons of low and moderate income, to pay organizational expenses, administrative costs, social services, technical services, training expenses, or costs incurred or expected to be incurred by counties, municipalities, or sponsors for land and building acquisition, construction, improvements, renewal, rehabilitation, relocation, or conservation under a plan to provide housing or related facilities, if the costs are not reimbursable from other private or public loan, grant, or mortgage sources.

AB40, s. 2824 Section 2824. 234.08 (5) of the statutes is amended to read:

AB40,1058,23 234.08 (5) This section does not supersede or impair the power of the department of commerce Wisconsin Economic Development Corporation to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

AB40, s. 2825 Section 2825. 234.08 (6) of the statutes is amended to read:

AB40,1059,4 234.08 (6) The authority may reimburse the department of commerce Wisconsin Economic Development Corporation its operating costs to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

AB40, s. 2826 Section 2826. 234.165 (2) (b) 2. of the statutes is amended to read:

AB40,1059,11 234.165 (2) (b) 2. Annually before August 31 the authority shall submit to the governor a plan for expending or encumbering the actual surplus reported under subd. 1. The part of the plan related to housing shall be consistent with the state housing strategy plan under s. 560.9802 234.5602. The plan submitted under this subdivision may be attached to and submitted as a part of the report filed under subd. 1.

AB40, s. 2827 Section 2827. 234.25 (1) (e) of the statutes is amended to read:

AB40,1059,16 234.25 (1) (e) An evaluation of its progress in implementing within its own housing programs the goals, policies, and objectives of the state housing strategy plan under s. 560.9802 234.5602, and recommendations for legislation to improve its ability to carry out its programs consistent with the state housing strategy plan.

AB40, s. 2828 Section 2828. 234.255 (title) of the statutes is amended to read:

AB40,1059,19 234.255 (title) Economic development assistance coordination and reporting.

AB40, s. 2829 Section 2829. 234.255 of the statutes is renumbered 234.255 (2) and amended to read: