233.04(7)(a)2.
2. A nominal amount determined by the parties to be necessary to prevent the lease agreement from being unenforceable because of a lack of consideration.
233.04(7)(b)
(b) A provision that requires the authority to conduct its operations in such a way so that it will not adversely affect the exclusion of interest on bonds issued by the state from gross income under
26 USC 103 for federal income tax purposes.
233.04(7)(c)
(c) A provision that gives the state ownership of all of the following:
233.04(7)(c)1.
1. Any improvements or modifications made by the authority to on-campus facilities that are leased to the authority under the lease agreement.
233.04(7)(c)2.
2. Any facility that the authority constructs on state-owned land.
233.04(7)(d)
(d) A provision that specifies an amount and that exempts any construction or improvement project on state-owned land that costs less than the amount from review and approval under
s. 16.85 (14).
233.04(7)(e)
(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 specified in
ss. 36.01 and
36.09.
233.04(7)(f)
(f) A provision that requires the board of regents to make a payment to the authority on June 28, 1996, equal to the unencumbered balance in the appropriation account under s.
20.285 (1) (kb), 1993 stats., on such date and requires the authority to accept liability for all encumbrances against the appropriation on that date.
233.04(7)(g)
(g) A provision that protects the board of regents 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, 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, unless the officer, employe or agent acts at the direction of the authority.
233.04(7)(h)
(h) A provision on a mechanism for the resolution of disputes.
233.04(7g)(a)(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 only upon approval of the committee.
233.04(7g)(b)
(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.
233.04(7g)(c)
(c) This subsection does not apply to an automatic extension of the lease agreement under
s. 233.05 (1).
233.04(7m)
(7m) Subject to
1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into an affiliation agreement with the board of regents. 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:
233.04(7m)(a)
(a) A provision that ensures the authority retains cash reserves at a level not lower than the level recommended by the independent auditor specified under
sub. (1).
233.04(7m)(b)
(b) Provisions that ensure support of the educational, research and clinical activities of the University of Wisconsin-Madison by the authority.
233.04(7m)(c)
(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.
233.04(7m)(d)
(d) A provision that requires the board of regents to make reasonable charges for any services provided by the board of regents to the authority.
233.04(7m)(e)
(e) A provision establishing a mechanism for the resolution of disputes.
233.04(7p)(a)(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 only upon approval of the committee.
233.04(7p)(b)
(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.
233.04(7p)(c)
(c) This subsection does not apply to an automatic extension of the affiliation agreement under
s. 233.05 (2).
233.04(7s)
(7s) Prior to the initial 5-year review by the joint committee on finance under
s. 13.094, notify the legislative audit bureau and cooperate with the legislative audit bureau in its performance of the audit required under
s. 13.94 (1) (o).
233.04(8)
(8) Use the building commission as a financial consultant to assist and coordinate the issuance of bonds under this chapter.
233.04(9)
(9) Provide, on a monthly basis, the secretary of administration with such financial and statistical information as is required by the secretary of administration.
233.04(10)
(10) Operate a poison control center under
s. 146.57. If Children's Hospital of Wisconsin in the city of Milwaukee ceases to operate a poison control center under
s. 146.57, the authority shall administer a statewide poison control program.
233.04 History
History: 1995 a. 27 ss.
1770g,
6301;
1995 a. 216.
233.05
233.05
Lease and affiliation agreements. 233.05(1)(a)(a) Beginning on July 1, 1997, and any July 1 thereafter, a lease agreement under
s. 233.04 (7) and an affiliation agreement under
s. 233.04 (7m) are automatically extended for one year unless all of the following occur in the one-year period immediately preceding such date:
233.05(1)(a)1.
1. The board of directors or the board of regents adopts a resolution opposing the automatic extensions or the joint committee on finance takes action opposing the automatic extensions.
233.05(1)(a)2.
2. The party opposing the automatic extensions under
subd. 1. provides written notice of its opposition to the other parties specified in
subd. 1.
233.05(1)(b)
(b) If a lease agreement and an affiliation agreement are not automatically extended on any July 1 under
par. (a), the lease and affiliation agreements are not automatically extended on any subsequent July 1 unless in the one-year period immediately preceding such date each party that opposed the automatic extensions withdraws its opposition and notifies the other parties specified in
par. (a) 1. of such withdrawal.
233.05(2)(a)(a) Beginning on July 1, 1997, and any July 1 thereafter, a lease agreement under
s. 233.04 (7g) or an affiliation agreement under
s. 233.04 (7p) is automatically extended for one year unless all of the following occur in the one-year period immediately preceding such date:
233.05(2)(a)1.
1. The board of directors or the board of regents adopts a resolution opposing the automatic extension or the joint committee on finance takes action opposing the automatic extension.
233.05(2)(a)2.
2. The party opposing the automatic extension under
subd. 1. provides written notice of its opposition to the other parties specified in
subd. 1.
233.05(2)(b)
(b) If a lease or affiliation agreement is not automatically extended on any July 1 under
par. (a), the lease or affiliation agreement is not automatically extended on any subsequent July 1 unless in the one-year period immediately preceding such date each party that opposed the automatic extension withdraws its opposition and notifies the other parties specified in
par. (a) 1. of such withdrawal.
233.05 History
History: 1995 a. 216.
233.10
233.10
Appointment of employes; employe compensation and benefits. 233.10(1)
(1) Subject to
s. 233.04 (4) to
(4r) and
1995 Wisconsin Act 27, section 9159 (2) and
(4), the authority shall employ such employes as it may require and shall determine the qualifications and duties of its employes. Appointments to and promotions in the authority shall be made according to merit and fitness.
233.10(2)
(2) 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. V of ch. 111, the authority shall determine all of the following:
Effective date note
NOTE: Sub. (2) (intro.) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(2) 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:
233.10(2)(a)
(a) The compensation of the employes of the authority.
233.10(2)(b)
(b) The kinds of leave to which an employe of the authority is entitled, including paid annual leave of absence, paid sick leave and unpaid leave of absence, except that unused sick leave accumulated prior to July 1, 1997, shall be carried over and made available for the employe's use for appropriate sick leave purposes or for conversion as provided under
s. 40.05 (4) (b),
(bd),
(be),
(bm) or
(bp).
233.10(2)(c)
(c) Any other employment benefits to which an employe of the authority is entitled.
233.10(3)(a)(a) In this subsection and
subs. (3m),
(4) and
(6), "carry-over employe" means an employe of the authority who satisfies all of the following:
233.10(3)(a)1.
1. The employe is offered employment by the authority on or before June 29, 1996.
233.10(3)(a)2.
2. Immediately prior to beginning employment with the authority, the employe was employed by the state other than in an academic staff appointment.
233.10(3)(a)3.
3. The position in which the employe was employed under
subd. 2. was at the University of Wisconsin Hospital and Clinics.
233.10(3)(b)
(b) If an employe of the authority is a member of a collective bargaining unit under
subch. V of ch. 111 for which a representative has been recognized or certified, the authority shall, from June 29, 1996, to June 30, 1997, adhere to the terms of the carry-over employe's employment that are specified in the collective bargaining agreement covering the carry-over employe.
233.10(3)(c)
(c) If an employe of the authority is a carry-over employe and is an employe to whom
par. (b) does not apply, the authority shall, when setting the terms of the carry-over employe's employment during the period beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:
233.10(3)(c)1.
1. Pay to the carry-over employe the same compensation that the employe would have received if he or she were employed by the state in the position at the University of Wisconsin Hospitals and Clinics on June 29, 1996.
233.10(3)(c)2.
2. Grant to the carry-over employe, except when he or she is on an unpaid leave of absence, a paid holiday on each of the days specified in
s. 230.35 (4) (a) as of the last day of the employe's employment as a state employe and holiday compensatory time off as specified in
s. 230.35 (4) (b) as of the last day of the employe's employment as a state employe if the employe was entitled to those benefits on that day.
233.10(3)(c)3.
3. Grant to the carry-over employe the same paid annual leave of absence, paid sick leave and unpaid leave of absence that the employe received as of the last day of his or her employment as a state employe.
233.10(3)(c)4.
4. Grant to the carry-over employe military leave, treatment of military leave, jury service leave and voting leave in accordance with
s. 230.35 (3) and
(4) (e) and, to the extent applicable, rules of the department of employment relations governing such leaves for employes in the classified service as of the last day of the employe's employment as a state employe if the employe was entitled to those benefits on that day.
233.10(3)(c)5.
5. Grant to the carry-over employe the same opportunity for employe training provided under
s. 230.046 as of the last day of his or her employment as a state employe if the employe was entitled to those benefits on that day.
233.10(3)(d)
(d) If an employe of the authority is not a carry-over employe and is an employe to whom
par. (b) does not apply, the authority shall, from June 29, 1996, to June 30, 1997, provide that employe the same rights, benefits and compensation provided to a carry-over employe under
par. (c) who holds a position at the authority with similar duties.
233.10(3m)
(3m) Unless expressly prohibited under
ch. 40 or under federal law, and, for a carry-over employe who is a member of a collective bargaining unit under
subch. V of ch. 111 for which a representative has been recognized or certified, subject to a collective bargaining agreement under
subch. V of ch. 111, 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 as a state employe.
233.10(3r)(a)(a) In this subsection and
sub. (3t), "carry-over employe" means an employe of the authority who satisfies all of the following:
233.10(3r)(a)1.
1. The employe is offered employment by the authority on or before June 29, 1996.
233.10(3r)(a)2.
2. Immediately prior to beginning employment with the authority, the employe was employed in an academic staff appointment.
233.10(3r)(a)3.
3. The position in which the employe was employed under
subd. 2. was at the University of Wisconsin Hospital and Clinics.
233.10(3r)(b)
(b) If an employe of the authority is a carry-over employe, the authority shall, when setting the terms of the carry-over employe's employment for the period beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:
233.10(3r)(b)1.
1. Enter into an employment contract for such period with the carry-over employe. For such period, the contract shall provide the carry-over employe with the same procedural guarantees provided to persons having academic staff appointments under
s. 36.15 on June 29, 1996.
233.10(3r)(b)2.
2. Pay to the carry-over employe the same compensation that the employe would have received if he or she were employed by the state in his or her academic staff appointment at the University of Wisconsin Hospitals and Clinics on June 29, 1996.
233.10(3r)(b)3.
3. Grant to the carry-over employe, 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 under
s. 36.15 (2) as of the last day of the employe's employment as a state employe and any holiday compensatory time off that may be specified in policies and procedures established by the board of regents under
s. 36.15 (2) as of the last day of the employe's employment in the academic staff appointment.
233.10(3r)(b)4.
4. Grant to the carry-over employe the same paid annual leave of absence, paid sick leave and unpaid leave of absence that the employe received as of the last day of his or her employment in the academic staff appointment.
233.10(3r)(b)5.
5. Grant to the carry-over employe military leave, treatment of military leave, jury service leave and voting leave in accordance with policies and procedures established by the board of regents under
s. 36.15 (2) and, as of the last day of the employe's employment in the academic staff appointment.
233.10(3r)(b)6.
6. Grant to the carry-over employe the same opportunity for any employe training that may be provided under policies and procedures established by the board of regents under
s. 36.15 (2) as of the last day of his or her employment in the academic staff appointment.
233.10(3t)
(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.
233.10(4)
(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.
233.10(6)
(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.
233.10 History
History: 1995 a. 27.
233.12
233.12
Maintenance of records. 233.12(1)(a)
(a) Subject to rules promulgated by the department of administration under
s. 16.611, the authority may transfer to or maintain in optical disk or electronic format any record in its custody and retain the record in that format only.
233.12(1)(b)
(b) Subject to rules promulgated by the department of administration under
s. 16.611, the authority shall maintain procedures to ensure the authenticity, accuracy, reliability and accessibility of records transferred to or maintained in optical disk or electronic format under
par. (a).
233.12(1)(c)
(c) Subject to rules promulgated by the department of administration under
s. 16.611, if the authority transfers to or maintains in optical disk or electronic format any records in its custody, the authority shall ensure that the records stored in that format are protected from unauthorized destruction.
233.12(2)(a)(a) Any microfilm reproduction of an original record of the authority, or a copy generated from an original record stored in optical disk or electronic format, is considered an original record if all of the following conditions are met:
233.12(2)(a)1.
1. Any device used to reproduce the record on film or to transfer the record to optical disk or electronic format and generate a copy of the record from optical disk or electronic format accurately reproduces the content of the original.
