SB442: Bill Text

SB442,26,15 (16) Adopt and alter an official seal.

SB442,27,4 (17) Direct its agents or employes, if properly identified in writing, to enter upon any real property, that the district has the authority to condemn or that the redevelopment authority has the authority to condemn on behalf of the district, to make surveys and examinations before locating or constructing cultural arts facilities, without incurring liability by the district, its agents or employes except for actual damage done. Before directing anyone to enter real property under this subsection, the district shall give the owner and occupant of the property at least 5 days' written notice. If the owner or occupant does not consent to the entry, the district may petition the circuit court for the county in which the property is located for an order permitting entry upon the property. The district shall serve a copy of the petition upon the owner and occupant. Before issuing an order, the court shall require the district to demonstrate the necessity of the entry and shall examine the reasonableness of the proposed scope, time, place and manner of the entry. The court may impose appropriate limitations upon the entry in its order.

SB442,27,6 (18) Provide money or other property, by sale, loan, lease, grant, gift or other form of transfer, to any other person.

SB442,27,7 229.845 Minority contracting goals. (1) In this section:

SB442,27,8 (a) "Minority business" has the meaning given in s. 560.036 (1) (e).

SB442,27,11 (b) "Women's business" means a sole proprietorship, partnership, joint venture, limited liability company or corporation that is at least 51% owned, controlled and actively managed by women.

SB442,27,16 (2) It shall be a goal of the district, in awarding construction work and professional services contracts related to cultural arts facilities, that at least 5% of the aggregate dollar value of such contracts awarded by the district shall be awarded to minority businesses and at least 5% of the aggregate dollar value of such contracts awarded by the district shall be awarded to women's businesses.

SB442,27,18 229.846 Powers granted to a sponsoring city. In addition to any powers that it may otherwise have, a sponsoring city may do any of the following:

SB442,27,20 (1) Make grants, gifts or loans of any kind of property, or provide any other form of assistance, to a district upon terms that the sponsoring city considers appropriate.

SB442,27,21 (2) Expend public funds to subsidize a district.

SB442,27,23 (3) Borrow money under ss. 67.04 and 67.12 (12) for cultural arts facilities or to fund grants, loans or subsidies to a district.

SB442,27,25 (4) Audit the financial records of a district. The sponsoring city may conduct the audit itself or may contract for the audit to be performed by any other person.

SB442,28,3 (5) Fix and collect a sum to be paid annually, in lieu of property taxes, by the district except that the sum may not exceed the amount that would be levied by the city as a property tax on the property that is exempted under s. 70.11 (40).

SB442,28,8 (6) If the district's sponsoring city is not a 1st class city, enact an ordinance or adopt a resolution that expands or contracts the area within the district's jurisdiction in which the district board may exercise its power of eminent domain, except that a sponsoring city may not remove from that area any property that was included in the resolution under s. 229.842 (1) (c).

SB442,28,12 229.847 Dissolution of a district. Subject to providing for the payment of its bonds or other debts that it has incurred, including interest on the bonds or other debts, and the performance of its other contractual obligations, a district may be dissolved by one of the following methods:

SB442,28,13 (1) By a law enacted by this state.

SB442,28,15 (2) If the sponsoring city is not a 1st class city, by the unanimous action of the district board.

SB442,28,17 (3) If the sponsoring city is a 1st class city, by any means described in the initial resolution under which the 1st class city created the district.

SB442,29,2 229.848 Transfers; transfer agreements. (1) If a district is dissolved under s. 229.847, the property of the district shall be transferred either to the sponsoring city or to an entity described either in section 170 (c) (1) or in both sections 170 (c) (2) and 501 (c) (3) of the Internal Revenue Code. If the sponsoring city is a 1st class city, the specific entity to which the district's property shall be transferred upon dissolution shall be specified in the initial resolution under which the 1st class city created the district. If the sponsoring city is not a 1st class city, the district board shall determine the entity to which the district's property shall be transferred upon dissolution.

SB442,29,8 (2) A sponsoring city and a district board may enter into a transfer agreement to provide the terms and conditions upon which the sponsoring city or the district board may transfer any interests in an existing or proposed cultural arts facility, or any other property interests owned by either party, to the other party to the agreement. A transfer may take the form of a sale, lease, or other conveyance and may be with or without financial consideration.

SB442,29,16 229.849 District bonds and debt not public debt. (1) Neither the state nor the sponsoring city is liable on bonds or other debt of the district and the bonds and other debt of the district are not a debt of the state or the sponsoring city. All bonds and other debt of the district shall contain on the face of the bond or the debt instrument a statement to this effect. The issuance of bonds or the incurrence of other debt by the district shall not, directly or indirectly or contingently, obligate the state or the sponsoring city to levy any form of taxation therefor or to make any appropriation for the payment of the bonds or other debt.

SB442,30,3 (2) Nothing in this subchapter authorizes the district to create a debt of the state or the sponsoring city, and all bonds issued by the district and all other debt incurred by the district are payable, and shall state that they are payable, solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or incurrence or in any trust indenture or mortgage or deed of trust executed as security for the bonds or other debt. Neither the state nor the sponsoring city shall in any event be liable for the payment of the principal of or interest on any bonds or other debt of the district or for the performance of any pledge, mortgage, obligation or agreement that may be undertaken by the district. No breach of any such pledge, mortgage, obligation or agreement may impose any pecuniary liability upon the state or the sponsoring city or any charge upon the state's or the sponsoring city's general credit or against the state's or the sponsoring city's taxing power.

SB442,30,9 229.850 Special fund for payment of principal and interest costs on certain bonds. The district may maintain a special fund into which it deposits any income or property of the district that is used for the payment of principal and interest costs of bonds issued by the district or by the Wisconsin Health and Educational Facilities Authority or by a community development authority created under s. 66.4325 for purposes related to the district.

SB442,30,18 229.851 State pledge. The state pledges to and agrees with the holders of any bond issued by the district or other debt incurred by the district, and with those parties who may enter into contracts with the district, that the state will not limit or alter the rights vested in the district by this subchapter until such bonds or other debt, together with the interest on the bonds and other debt, are fully met and discharged and such contracts are fully performed on the part of the district, but nothing shall preclude such a limitation or alteration if adequate provision is made by law for the protection of the holders of such bonds or other debt or those entering into such contracts.

SB442,30,20 229.852 Pledge of revenues. A district may pledge the revenues derived, or to be derived, from any cultural arts facility for any of the following purposes:

SB442,30,21 (1) The payment of administrative costs and expenses of the district.

SB442,30,23 (2) The payment of the principal of, the premium on, if any, and the interest on outstanding bonds and other debt of the district.

SB442,30,25 (3) The creation and maintenance of a special fund or reserves with respect to bonds issued by the district.

SB442,31,8 229.853 Trust funds. All moneys received by the district under this subchapter, whether as proceeds from the issuance of bonds or the incurrence of other debt or as revenues, shall be considered to be trust funds to be held and applied solely as provided in this subchapter. Any officer with whom, or any bank or trust company with which, the moneys are deposited shall act as trustee of the moneys and shall hold and apply the same for the purposes of this subchapter, subject to such regulations as this subchapter and any bond resolution or debt agreement authorizing the bonds or debt may provide.

SB442,31,13 229.854 Sponsoring city employment regulations. Any ordinance of a sponsoring city that regulates employment relations or practices of all private employers, generally, shall apply to employes of the district, unless the sponsoring city's common council excludes the application of such an ordinance to the district's employes.

SB442, s. 41 Section 41. 230.03 (3) of the statutes is amended to read:

SB442,31,23 230.03 (3) "Agency" means any board, commission, committee, council or department in the state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department or unit thereof or an authority created under ch. 231, 232, 233, 234 or 235. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB442, s. 42 Section 42. 231.01 (4) (a) of the statutes is amended to read:

SB442,32,7 231.01 (4) (a) "Cost" means the sum of all costs incurred by a participating health institution, participating educational institution, participating cultural arts district or participating child care provider, as approved by the authority, as are reasonable and necessary to accomplish the project, exclusive of any private or federal, state or local financial assistance received by the participating health institution, participating educational institution, participating cultural arts district or participating child care provider for the payment of the project cost.

SB442, s. 43 Section 43. 231.01 (4) (b) 1. of the statutes is amended to read:

SB442,32,16 231.01 (4) (b) 1. The cost incurred by or on behalf of the participating health institution, participating educational institution, participating cultural arts district or participating child care provider of all necessary developmental, planning and feasibility studies, surveys, plans and specifications, architectural, engineering, legal or other special services, the cost of acquisition of land and any buildings and improvements on the land, site preparation and development including demolition or removal of existing structures, construction, reconstruction and equipment, including machinery, fixed equipment and personal property.

SB442, s. 44 Section 44. 231.01 (4) (b) 2. of the statutes is amended to read:

SB442,32,21 231.01 (4) (b) 2. The reasonable cost of financing incurred by a participating health institution, participating educational institution, participating cultural arts district or participating child care provider in the course of the development of the project to the occupancy date.

SB442, s. 45 Section 45. 231.01 (4) (c) of the statutes is amended to read:

SB442,33,5 231.01 (4) (c) All rents and other net revenues from the operation of the real property, improvements or personal property on the project site by a participating health institution, participating educational institution, participating cultural arts district or participating child care provider on and after the date on which the contract between a participating health institution, participating educational institution, participating cultural arts district or participating child care provider and the authority was entered into, but prior to the occupancy date, shall reduce the sum of all costs in this subsection.

SB442, s. 46 Section 46. 231.01 (4g) of the statutes is created to read:

SB442,33,8 231.01 (4g) "Cultural arts district" means a local cultural arts district created under subch. V of ch. 229.

SB442, s. 47 Section 47. 231.01 (4h) of the statutes is created to read:

SB442,33,10 231.01 (4h) "Cultural arts facility" has the meaning given in s. 229.841 (5).

SB442, s. 48 Section 48. 231.01 (5t) of the statutes is created to read:

SB442,33,15 231.01 (5t) "Participating cultural arts district" means a cultural arts district that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

SB442, s. 49 Section 49. 231.01 (7) (a) 1. of the statutes is amended to read:

SB442,33,20 231.01 (7) (a) 1. A specific health facility, educational facility, cultural arts facility or child care center work or improvement to be refinanced, acquired, constructed, enlarged, remodeled, renovated, improved, furnished or equipped by the authority with funds provided in whole or in part under this chapter.

SB442, s. 50 Section 50. 231.01 (7) (a) 2. of the statutes is amended to read:

SB442,34,2 231.01 (7) (a) 2. One or more structures suitable for use as a child care center, health facility, cultural arts facility, laboratory, laundry, nurses' or interns' residence or other multi-unit housing facility for staff, employes, patients or relatives of patients admitted for treatment or care in a health facility, physician's facility, administration building, research facility, maintenance, storage or utility facility.

SB442, s. 51 Section 51. 231.01 (7) (a) 4. of the statutes is amended to read:

SB442,34,7 231.01 (7) (a) 4. Any structure useful for the operation of a health facility, educational facility, cultural arts facility or child care center, including facilities or supporting service structures essential or convenient for the orderly conduct of the health facility, educational facility, cultural arts facility or child care center.

SB442, s. 52 Section 52. 231.01 (7) (c) of the statutes is amended to read:

SB442,34,13 231.01 (7) (c) "Project" may include any combination of projects undertaken jointly by any participating health institution, participating educational institution, participating cultural arts district or participating child care provider with one or more other participating health institutions, participating educational institutions, participating cultural arts districts or participating child care providers.

SB442, s. 53 Section 53. 231.02 (6) (b) of the statutes is amended to read:

SB442,35,15 231.02 (6) (b) Notwithstanding any other provision of law, it is not a conflict of interest or violation of this section or of any other law for a trustee, director, officer or employe of a participating health institution, participating educational institution, participating cultural arts district or participating child care provider or for a person having the required favorable reputation for skill, knowledge and experience in state and municipal finance or for a person having the required favorable reputation for skill, knowledge and experience in the field of health facility, educational facility, cultural arts facility or child care center architecture to serve as a member of the authority; if in each case to which par. (a) is applicable, the trustee, director, officer or employe of the participating health institution, participating educational institution, participating cultural arts district or participating child care provider abstains from discussion, deliberation, action and vote by the authority in specific respect to any undertaking pursuant to this chapter in which his or her participating health institution, participating educational institution , participating cultural arts district or participating child care provider has an interest, or the person having the required favorable reputation for skill, knowledge and experience in state and municipal finance abstains from discussion, deliberation, action and vote by the authority in specific respect to any sale, purchase or ownership of bonds of the authority in which any business of which such person is a participant, owner, officer or employe has a past, current or future interest, or such person having the required favorable reputation for skill, knowledge and experience in the field of health facility, educational facility, cultural arts facility or child care center architecture abstains from discussion, deliberation, action and vote by the authority in specific respect to construction or acquisition of any project of the authority in which any business of which such person is a participant, owner, officer or employe has a past, current or future interest.

SB442, s. 54 Section 54. 231.03 (5) of the statutes is amended to read:

SB442,36,7 231.03 (5) Determine the location and character of any project to be financed under this chapter, and construct, reconstruct, remodel, maintain, enlarge, alter, add to, repair, lease as lessee or lessor and regulate the same, enter into contracts for any such purpose, enter into contracts for the management and operation of a project or other health facilities, educational facilities, cultural arts facilities or child care centers owned by the authority, and designate a participating health institution, participating educational institution, participating cultural arts district or participating child care provider as its agent to determine the location and character of a project undertaken by the participating health institution, participating educational institution, participating cultural arts district or participating child care provider under this chapter and as the agent of the authority, to construct, reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease as lessee or lessor and regulate the same, and as the agent of the authority, to enter into contracts for any such purpose, including contracts for the management and operation of such project or other health facilities, educational facilities, cultural arts facilities or child care centers owned by the authority.

SB442, s. 55 Section 55. 231.03 (6) (g) of the statutes is created to read:

SB442,36,9 231.03 (6) (g) Finance any project undertaken for a cultural arts facility.

SB442, s. 56 Section 56. 231.03 (6) (h) of the statutes is created to read:

SB442,36,12 231.03 (6) (h) Refinance outstanding debt of any participating cultural arts district.

SB442, s. 57 Section 57. 231.03 (7) of the statutes is amended to read:

SB442,36,20 231.03 (7) Fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by a project or other health facilities, educational facilities, cultural arts facilities or child care centers owned by the authority or any portion thereof, contract with any person in respect thereto and coordinate its policies and procedures and cooperate with recognized health facility, educational facility, cultural arts facility or child care center rate setting mechanisms.

SB442, s. 58 Section 58. 231.03 (8) of the statutes is amended to read:

SB442,37,10 231.03 (8) Adopt rules for the use of a project or other health facility, educational facility, cultural arts facility or child care center or any portion of the project or facility owned, financed or refinanced in whole or in part by the authority, including any property used as security for a loan secured through, from or with the assistance of the authority. The authority may designate a participating health institution, participating educational institution, participating cultural arts district or participating child care provider as its agent to establish rules for the use of a project or other health facilities, educational facilities, cultural arts facilities or child care centers undertaken for that participating health institution, participating educational institution, participating cultural arts district or participating child care provider. The rules shall ensure that a project, health facility, educational facility, cultural arts facility, child care center or property may not be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.

SB442, s. 59 Section 59. 231.03 (11) of the statutes is amended to read:

SB442,37,23 231.03 (11) Establish or contract with others to carry out on its behalf a health facility, educational facility, cultural arts facility or child care center project cost estimating service, and make this service available on all projects to provide expert cost estimates and guidance to the participating health institution, participating educational institution, participating cultural arts district or participating child care provider and to the authority. To implement this service and, through it, to contribute to cost containment, the authority may require such reasonable reports and documents from health facility, educational facility, cultural arts facility or child care center projects as are required for this service and for the development of cost reports and guidelines. The authority shall appoint a technical committee on health facility, educational facility, cultural arts facility or child care center project costs and cost containment.

SB442, s. 60 Section 60. 231.03 (13) of the statutes is amended to read:

SB442,38,13 231.03 (13) Make loans to any participating health institution, participating educational institution, participating cultural arts district or, before May 1, 2000, participating child care provider for the cost of a project in accordance with an agreement between the authority and the participating health institution, participating educational institution, participating cultural arts district or participating child care provider. The authority may secure the loan by a mortgage or other security arrangement on the health facility, educational facility, cultural arts facility or child care center granted by the participating health institution, participating educational institution, participating cultural arts district or participating child care provider to the authority. The loan may not exceed the total cost of the project as determined by the participating health institution, participating educational institution, participating cultural arts district or participating child care provider and approved by the authority.

SB442, s. 61 Section 61. 231.03 (14) of the statutes is amended to read:

SB442,38,22 231.03 (14) Make loans to a health facility, educational facility, cultural arts facility or, before May 1, 2000, child care center for which bonds may be issued under sub. (6) (b), (d) or, (f) or (h) to refinance the health facility's, educational facility's , cultural arts facility's or child care center's outstanding debt. The authority may secure the loan or bond by a mortgage or other security arrangement on the health facility, educational facility, cultural arts facility or child care center granted by the participating health institution, participating educational institution , participating cultural arts district or participating child care provider to the authority.

SB442, s. 62 Section 62. 231.03 (15) of the statutes is amended to read:

SB442,39,6 231.03 (15) Mortgage all or any portion of a project and other health facilities, educational facilities, cultural arts facilities or child care centers and the site thereof, whether owned or thereafter acquired, for the benefit of the holders of bonds issued to finance the project, health facilities, educational facilities, cultural arts facilities or child care centers or any portion thereof or issued to refund or refinance outstanding indebtedness of participating health institutions, educational institutions, participating cultural arts districts or child care providers as permitted by this chapter.

SB442, s. 63 Section 63. 231.03 (16) of the statutes is amended to read:

SB442,39,25 231.03 (16) Lease to a participating health institution, participating educational institution, participating cultural arts district or participating child care provider the project being financed or other health facilities, educational facilities, cultural arts facilities or child care centers conveyed to the authority in connection with such financing, upon such terms and conditions as the authority deems proper, and charge and collect rents therefor and terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such periods and at such rent as the authority determines or to purchase all or any part of the health facilities, educational facilities, cultural arts facilities or child care centers or that, upon payment of all of the indebtedness incurred by the authority for the financing of such project or health facilities, educational facilities, cultural arts facilities or child care centers or for refunding outstanding indebtedness of a participating health institution, participating educational institution, participating cultural arts district or participating child care provider, the authority may convey all or any part of the project or such other health facilities, educational facilities, cultural arts facilities or child care centers to the lessees thereof with or without consideration.

SB442, s. 64 Section 64. 231.03 (17) of the statutes is amended to read:

SB442,40,5 231.03 (17) Charge to and apportion among participating health institutions, participating educational institutions, participating cultural arts districts and participating child care providers its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter.

SB442, s. 65 Section 65. 231.03 (18) of the statutes is amended to read:

SB442,40,12 231.03 (18) Make studies of needed health facilities, educational facilities, cultural arts facilities and child care centers that could not sustain a loan were it made under this chapter and recommend remedial action to the legislature; and do the same with regard to any laws or rules that prevent health facilities, educational facilities, cultural arts facilities and child care centers from benefiting from this chapter.

SB442, s. 66 Section 66. 231.03 (19) of the statutes is amended to read:

SB442,40,24 231.03 (19) Obtain, or aid in obtaining, from any department or agency of the United States or of this state or any private company, any insurance or guaranty concerning the payment or repayment of, interest or principal, or both, or any part thereof, on any loan, lease or obligation or any instrument evidencing or securing the same, made or entered into under the provisions of this chapter; and notwithstanding any other provisions of this chapter, to enter into any agreement, contract or any other instrument with respect to that insurance or guaranty, to accept payment in the manner and form provided therein in the event of default by a participating health institution, participating educational institution, participating cultural arts district or participating child care provider, and to assign the insurance or guaranty as security for the authority's bonds.

SB442, s. 67 Section 67. 231.04 of the statutes is amended to read:

SB442,41,13 231.04 Expenses. All expenses of the authority incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter, and no liability may be incurred by the authority beyond the extent to which moneys have been provided under this chapter except that, for the purposes of meeting the necessary expenses of initial organization and operation of the authority for the period commencing on June 19, 1974 and continuing until such date as the authority derives moneys from funds provided to it under the authority of this chapter, the authority may borrow such moneys as it requires to supplement the funds provided under s. 20.440. Such moneys borrowed by the authority shall subsequently be charged to and apportioned among participating health institutions, participating educational institutions, participating cultural arts districts and participating child care providers in an equitable manner, and repaid with appropriate interest over a reasonable period of time.

SB442, s. 68 Section 68. 231.05 (1) of the statutes is amended to read:

SB442,41,21 231.05 (1) By means of this chapter, it is the intent of the legislature to provide assistance and alternative methods of financing to nonprofit health institutions to aid them in providing needed health services consistent with the state's health plan, to nonprofit educational institutions to aid them in providing needed educational services, to cultural arts districts to aid them in providing needed cultural arts activities and events and to nonprofit child care providers to aid them in providing needed child care services.

SB442, s. 69 Section 69. 231.06 of the statutes is amended to read:

SB442,42,8 231.06 Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational institution, participating cultural arts district or participating child care provider as its agent, by purchase or by gift or devise, such lands, structures, property, rights, rights-of-way, franchises, easements and other interests in lands, including lands lying under water and riparian rights, which are located within this state as it deems necessary or convenient for the construction or operation of a project, upon such terms and at such prices as it considers reasonable and can be agreed upon between it and the owner thereof, and take title thereto in the name of the authority or in the name of a health facility, educational facility, cultural arts facility or child care center as its agent.

SB442, s. 70 Section 70. 231.07 (1) (b) of the statutes is amended to read: