233.02 History
History: 1995 a. 27,
216.
233.03
233.03
Powers of authority. The authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, the authority may:
233.03(1)
(1) Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business.
233.03(2)
(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; 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.
233.03(5)
(5) Procure insurance on its debt obligations.
233.03(7)
(7) Subject to
s. 233.10 and
ch. 40 and
1995 Wisconsin Act 27, section 9159 (4) and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under
subch. I of ch. 111, employ any agent, employee or special advisor that the authority finds necessary and fix his or her compensation and provide any employee benefits, including an employee pension plan.
233.03(8)
(8) Appoint any technical or professional advisory committee that the authority finds necessary and define the duties, and provide reimbursement for the expenses, of the committee.
233.03(9)(a)(a) With any other person, establish, govern and participate in the operation and financing of any corporation or partnership that provides health-related services, if the articles of incorporation of any such corporation conform with
par. (b) and if the corporation or partnership provides the secretary of administration, the legislative fiscal bureau and the legislative audit bureau access to examine any books, records or other documents maintained by the corporation or partnership and relating to its expenditures, revenues, operations or structure. The authority may provide administrative and financial services to any such corporation or partnership.
233.03(9)(b)
(b) The articles of incorporation of any corporation under
par. (a) shall provide that the secretary of administration, the legislative fiscal bureau and the legislative audit bureau have the access required under
par. (a).
233.03(10)
(10) Enter into procurement contracts with the board of regents or joint contracts with the board of regents 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 which may be necessary and convenient for the missions, purposes, objects and uses of the authority authorized by law.
233.03(12)
(12) Seek financing from, and incur indebtedness to, the Wisconsin Health and Educational Facilities Authority.
233.03(13)
(13) Construct or improve facilities that are on state-owned land, if approval requirements under
s. 16.85 (14) are met and if the state agency having authority to approve construction or improvement projects on the land approves the project.
233.03(15)
(15) Acquire, design, construct or improve any facility that is not located on state-owned land.
233.03 History
History: 1995 a. 27.
233.03 Annotation
The Authority is a private entity without sovereign immunity. Takle v. University of Wisconsin Hospital and Clinics Authority,
402 F.3d 768 (2005).
233.04
233.04
Duties of authority. The authority shall do all of the following:
233.04(1)
(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 of the board of regents, 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. The financial statement shall include a separate accounting of the use of the payment under
sub. (7) (f).
233.04(2)
(2) Subject to
subs. (4) to
(4r) and
s. 233.10, develop and implement a personnel structure and other employment policies for employees of the authority.
233.04(3)
(3) Contract for any legal services required for the authority.
233.04(3b)(a)(a) Except as provided in
par. (b), maintain, control and supervise the use of the University of Wisconsin Hospitals and Clinics, for the purposes of:
233.04(3b)(a)1.
1. Delivering comprehensive, high-quality health care to patients using the hospitals and to those seeking care from its programs, including a commitment to provide such care for the medically indigent.
233.04(3b)(a)2.
2. Providing an environment suitable for instructing medical and other health professions students, physicians, nurses and members of other health-related disciplines.
233.04(3b)(a)3.
3. Sponsoring and supporting research in the delivery of health care to further the welfare of the patients treated and applying the advances in health knowledge to alleviate human suffering, promote health and prevent disease.
233.04(3b)(a)4.
4. Assisting health programs and personnel throughout the state and region in the delivery of health care.
233.04(3b)(b)
(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.
233.04(4)
(4) Subject to
s. 146.59 and
1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Board for the provision of services by employees of the University of Wisconsin Hospitals and Clinics Board beginning on June 29, 1996, for an initial period of not more than 2 years, provided that the agreement shall remain in effect after expiration of its initial period if the agreement has not been extended or renewed under
sub. (4m). The agreement shall include all of the following:
233.04(4)(a)
(a) A provision that requires the authority to make adequate payments to the University of Wisconsin Hospitals and Clinics Board for any services provided under the agreement in advance of their need by the University of Wisconsin Hospitals and Clinics Board to pay its employees for such services.
233.04(4)(b)
(b) A provision on a mechanism for the resolution of disputes.
233.04(4m)(a)(a) Submit any modification, extension or renewal of the contractual services agreement under
sub. (4) to the joint committee on finance. Except as otherwise provided in this paragraph, no extension or renewal of the contractual services agreement may be for a period of more than 2 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the University of Wisconsin Hospitals and Clinics Board only upon approval of the committee. Any extension or renewal of a contractual services agreement under this subsection shall remain in effect after expiration of its applicable period if the agreement has not been further extended or renewed under this subsection.
233.04(4m)(b)
(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 that meets the requirements under
s. 36.25 (13g) (c).
233.04(4r)(a)(a) Not contract for those services that are provided to the authority by the University of Wisconsin Hospitals and Clinics Board by state employees in the collective bargaining units specified in
s. 111.825 (1m) with any person other than the University of Wisconsin Hospitals and Clinics Board.
233.04(4r)(b)
(b) The authority shall not employ or retain any person to perform the services specified in
par. (a) other than a person employed by the University of Wisconsin Hospitals and Clinics Board.
233.04(5)
(5) Establish the authority's annual budget and monitor the fiscal management of the authority.
233.04(6)
(6) Procure liability insurance covering its officers, employees and agents and procure insurance against any loss in connection with its property and other assets.
233.04(7)
(7) 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 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:
233.04(7)(a)
(a) A provision that requires the authority to pay the state an amount determined under this paragraph for the lease of the on-campus facilities that are leased under the agreement. The amount of the rental payment for the on-campus facilities may not be less than the greater of the following:
233.04(7)(a)1.
1. An amount equal to the debt service accruing during the term of the lease agreement on all outstanding bonds issued by the state for the purpose of financing the acquisition, construction or improvement of on-campus facilities that are leased under the agreement, regardless of whether these bonds are issued before or after the lease agreement is entered into. The definition of "bond" under
s. 233.01 (4) does not apply to this subdivision.
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, employee or agent of the board of regents, including any student who is enrolled at an institution within the University of Wisconsin System, unless the officer, employee 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(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.
233.05
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 employees; employee 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 employees as it may require and shall determine the qualifications and duties of its employees. 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 employees 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 employees of the authority.
233.10(2)(b)
(b) The kinds of leave to which an employee 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 employee's use for appropriate sick leave purposes or for conversion as provided under
s. 40.05 (4) (b),
(be),
(bm), or
(bp).
