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. 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) and
(4), "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 History
History: 1995 a. 27;
1997 a. 252.
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.
233.12(2)(a)2.
2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the public records board, or the optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department of administration under
s. 16.611.
233.12(2)(a)3.
3. The film is processed and developed in accordance with the minimum standards established by the public records board.
233.12(2)(a)4.
4. The record is arranged, identified and indexed so that any individual document or component of the record can be located with the use of proper equipment.
233.12(2)(a)5.
5. The custodian of the record designated by the authority executes a statement of intent and purpose describing the record to be reproduced or transferred to optical disk or electronic format and the disposition of the original record, and executes a certificate verifying that the record was received or created and microfilmed or transferred to optical disk or electronic format in the normal course of business and files the statement in the offices of the authority.
233.12(2)(b)
(b) The statement of intent and purpose executed under
par. (a) 5. is presumptive evidence of compliance with all conditions and standards prescribed by this subsection.
233.12(3)(a)(a) Any microfilm reproduction of a record of the authority meeting the requirements of
sub. (2) or copy of a record of the authority generated from an original record stored in optical disk or electronic format in compliance with this section shall be taken as, stand in lieu of and have all the effect of the original document and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible.
233.12(3)(b)
(b) Any enlarged copy of a microfilm reproduction of a record of the authority made as provided by this section or any enlarged copy of a record of the authority generated from an original record stored in optical disk or electronic format in compliance with this section that is certified by the custodian as provided in
s. 889.08 shall have the same force as an actual-size copy.
233.12 History
History: 1995 a. 216.
233.13
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:
233.13(1)
(1) Examination scores and ranks and other evaluations of applicants.
233.13(2)
(2) Dismissals, demotions and other disciplinary actions.
233.13(3)
(3) Addresses and home telephone numbers of employes.
233.13(4)
(4) Pay survey data obtained from identifiable nonpublic employers.
233.13(5)
(5) Names of nonpublic employers contributing pay survey data.
233.13 History
History: 1995 a. 27.
233.17
233.17
Liability limited. 233.17(1)(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.
233.17(2)(a)(a) No officer, employe or agent of the board of regents, including any student who is enrolled at an institution 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.
233.17(2)(b)
(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.
233.17 History
History: 1995 a. 27;
1997 a. 237.
233.20
233.20
Issuance of bonds. 233.20(1)(1) The authority may issue bonds for any corporate purpose. All bonds are negotiable for all purposes, notwithstanding their payment from a limited source.
233.20(1m)
(1m) The authority may issue bonds only if a majority of the board of directors determines that, to the extent possible without having an adverse impact on the ability of the authority to sell bonds at a given interest rate, the terms on which the bonds are to be offered are structured in such a way as to accommodate the possibility of the early termination of the lease or affiliation agreement, or both. The board shall base a determination under this subsection on the best information available to the board at the time the determination is made.
233.20(2)
(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.
233.20(3)
(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.
233.20(4)
(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:
233.20(4)(a)
(a) Pledging or assigning specified assets or revenues of the authority.
233.20(4)(b)
(b) Setting aside reserves or sinking funds, and the regulation, investment and disposition of these funds.
233.20(4)(c)
(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.
233.20(4)(d)
(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.
233.20(4)(e)
(e) Funding, refunding, advance refunding or purchasing outstanding bonds.
233.20(4)(f)
(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.
233.20(4)(g)
(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.
233.20(4)(h)
(h) Other matters relating to the bonds that the board considers desirable.
233.20(5)
(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.
233.20 History
History: 1995 a. 27,
216.
