Analysis by the Legislative Reference Bureau
Under current law, the Wisconsin Health and Educational Facilities Authority
(WHEFA) may issue bonds to finance certain projects of health or educational
institutions, to refinance outstanding debt of health or educational institutions, and
to finance a purchase of the state's right to receive any of the payments under the
Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.
Projects of health or educational institutions that may be financed include, among
others, the acquisition of a hospital, the construction or operation of an ambulatory

surgery center or home health agency, and the construction, remodeling, furnishing,
or equipping of a health or educational facility or related structure.
This bill authorizes WHEFA to issue bonds to finance any project undertaken
by a cultural institution for a cultural facility, or to refinance outstanding debt of a
cultural institution. A cultural institution is defined in the bill as a corporation,
agency, or association that is authorized by state law to provide or operate a cultural
facility. A cultural facility is defined in the bill as a building, institution, place, or
agency of a nonprofit entity that is or will be used in whole or in part for the
performing or visual arts; for the display of art, animals, plants, or other items of
cultural interest; or as a library, museum, broadcasting facility, or other facility
related to other cultural arts activities. Project activities for which WHEFA may
issue bonds include construction, acquisition, remodeling, furnishing, and equipping
of cultural facilities, related structures, and structures or items that are useful for
the operation of cultural facilities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB794, s. 1 1Section 1. 231.01 (4) (a) of the statutes is amended to read:
AB794,2,82 231.01 (4) (a) "Cost" means the sum of all costs incurred by a participating
3health institution, participating educational institution, participating cultural
4institution,
or participating child care provider, as approved by the authority, as are
5reasonable and necessary to accomplish the project, exclusive of any private or
6federal, state, or local financial assistance received by the participating health
7institution, participating educational institution, participating cultural institution,
8or participating child care provider for the payment of the project cost.
AB794, s. 2 9Section 2. 231.01 (4) (b) 1. of the statutes is amended to read:
AB794,3,310 231.01 (4) (b) 1. The cost incurred by or on behalf of the participating health
11institution, participating educational institution, participating cultural institution,
12or participating child care provider of all necessary developmental, planning, and
13feasibility studies, surveys, plans, and specifications, architectural, engineering,
14legal, or other special services, the cost of acquisition of land and any buildings and

1improvements on the land, site preparation, and development including demolition
2or removal of existing structures, construction, reconstruction, and equipment,
3including machinery, fixed equipment, and personal property.
AB794, s. 3 4Section 3. 231.01 (4) (b) 2. of the statutes is amended to read:
AB794,3,85 231.01 (4) (b) 2. The reasonable cost of financing incurred by a participating
6health institution, participating educational institution, participating cultural
7institution,
or participating child care provider in the course of the development of
8the project to the occupancy date.
AB794, s. 4 9Section 4. 231.01 (4) (c) of the statutes is amended to read:
AB794,3,1710 231.01 (4) (c) All rents and other net revenues from the operation of the real
11property, improvements, or personal property on the project site by a participating
12health institution, participating educational institution, participating cultural
13institution,
or participating child care provider on and after the date on which the
14contract between a participating health institution, participating educational
15institution, participating cultural institution, or participating child care provider
16and the authority was entered into, but prior to the occupancy date, shall reduce the
17sum of all costs in this subsection.
AB794, s. 5 18Section 5. 231.01 (4c) of the statutes is created to read:
AB794,3,2019 231.01 (4c) "Cultural facility" means an institution, place, building, or agency
20that satisfies all of the following:
AB794,3,2321(a) Is owned by an entity that is described in section 501 (c) (3) of the Internal
22Revenue Code and that is exempt from federal income tax under section 501 (a) of
23the Internal Revenue Code.
AB794,4,224 (b) Is or will be used in whole or in part for the performing or visual arts,
25including music performance; for the display of art, animals, plants, aquatic life, or

1other items of cultural interest; or as a library, museum, broadcasting facility, or
2other facility related to other cultural arts activities; and any related property.
AB794, s. 6 3Section 6. 231.01 (5t) of the statutes is created to read:
AB794,4,84 231.01 (5t) "Participating cultural institution" means a corporation, agency, or
5association that is authorized by state law to provide or operate a cultural facility and
6that undertakes the financing and construction or acquisition of a project or
7undertakes the refunding or refinancing of obligations or of a mortgage or of
8advances as provided in this chapter.
AB794, s. 7 9Section 7. 231.01 (7) (a) 1. of the statutes is amended to read:
AB794,4,1310 231.01 (7) (a) 1. A specific health facility, educational facility, cultural facility,
11or child care center work or improvement to be refinanced, acquired, constructed,
12enlarged, remodeled, renovated, improved, furnished, or equipped by the authority
13with funds provided in whole or in part under this chapter.
AB794, s. 8 14Section 8. 231.01 (7) (a) 2. of the statutes is amended to read:
AB794,4,1915 231.01 (7) (a) 2. One or more structures suitable for use as a child care center,
16cultural facility, health facility, laboratory, laundry, nurses' or interns' residence or
17other multi-unit housing facility for staff, employees, patients or relatives of
18patients admitted for treatment or care in a health facility, physician's facility,
19administration building, research facility, maintenance, storage, or utility facility.
AB794, s. 9 20Section 9. 231.01 (7) (a) 4. of the statutes is amended to read:
AB794,4,2421 231.01 (7) (a) 4. Any structure useful for the operation of a health facility,
22educational facility, cultural facility, or child care center, including facilities or
23supporting service structures essential or convenient for the orderly conduct of the
24health facility, educational facility, cultural facility, or child care center.
AB794, s. 10 25Section 10. 231.01 (7) (c) of the statutes is amended to read:
AB794,5,5
1231.01 (7) (c) "Project" may include any combination of projects undertaken
2jointly by any participating health institution, participating educational institution,
3participating cultural institution,
or participating child care provider with one or
4more other participating health institutions, participating educational institutions,
5participating cultural institutions,
or participating child care providers.
AB794, s. 11 6Section 11. 231.02 (6) (b) of the statutes is amended to read:
AB794,6,77 231.02 (6) (b) Notwithstanding any other provision of law, it is not a conflict
8of interest or violation of this section or of any other law for a trustee, director, officer,
9or employee of a participating health institution, participating educational
10institution, participating cultural institution, or participating child care provider or
11for a person having the required favorable reputation for skill, knowledge, and
12experience in state and municipal finance or for a person having the required
13favorable reputation for skill, knowledge, and experience in the field of health
14facility, educational facility, cultural facility, or child care center architecture to serve
15as a member of the authority; if in each case to which par. (a) is applicable, the
16trustee, director, officer, or employee of the participating health institution,
17participating educational institution, participating cultural institution, or
18participating child care provider abstains from discussion, deliberation, action, and
19vote by the authority in specific respect to any undertaking pursuant to this chapter
20in which his or her participating health institution, participating educational
21institution, participating cultural institution, or participating child care provider
22has an interest, or the person having the required favorable reputation for skill,
23knowledge, and experience in state and municipal finance abstains from discussion,
24deliberation, action, and vote by the authority in specific respect to any sale,
25purchase, or ownership of bonds of the authority in which any business of which such

1person is a participant, owner, officer, or employee has a past, current, or future
2interest, or such person having the required favorable reputation for skill,
3knowledge, and experience in the field of health facility, educational facility, cultural
4facility,
or child care center architecture abstains from discussion, deliberation,
5action, and vote by the authority in specific respect to construction or acquisition of
6any project of the authority in which any business of which such person is a
7participant, owner, officer, or employee has a past, current, or future interest.
AB794, s. 12 8Section 12. 231.03 (5) of the statutes is amended to read:
AB794,6,249 231.03 (5) Determine the location and character of any project to be financed
10under this chapter, and construct, reconstruct, remodel, maintain, enlarge, alter, add
11to, repair, lease as lessee or lessor and regulate the same, enter into contracts for any
12such purpose, enter into contracts for the management and operation of a project or
13other health facilities, educational facilities, cultural facilities, or child care centers
14owned by the authority, and designate a participating health institution,
15participating educational institution, participating cultural institution, or
16participating child care provider as its agent to determine the location and character
17of a project undertaken by the participating health institution, participating
18educational institution, participating cultural institution, or participating child care
19provider under this chapter and as the agent of the authority, to construct,
20reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease
21as lessee or lessor and regulate the same, and as the agent of the authority, to enter
22into contracts for any such purpose, including contracts for the management and
23operation of such project or other health facilities, educational facilities, cultural
24facilities,
or child care centers owned by the authority.
AB794, s. 13 25Section 13. 231.03 (6) (h) of the statutes is created to read:
AB794,7,2
1231.03 (6) (h) Finance any project undertaken for a cultural facility by a
2participating cultural institution.
AB794, s. 14 3Section 14. 231.03 (6) (i) of the statutes is created to read:
AB794,7,54 231.03 (6) (i) Refinance outstanding debt of any participating cultural
5institution.
AB794, s. 15 6Section 15. 231.03 (7) of the statutes is amended to read:
AB794,7,137 231.03 (7) Fix and revise from time to time and charge and collect rates, rents,
8fees, and charges for the use of and for the services furnished or to be furnished by
9a project or other health facilities, educational facilities, cultural facilities, or child
10care centers owned by the authority or any portion thereof, contract with any person
11in respect thereto and coordinate its policies and procedures, and cooperate with
12recognized health facility, educational facility, cultural facility, or child care center
13rate setting mechanisms.
AB794, s. 16 14Section 16. 231.03 (8) of the statutes is amended to read:
AB794,8,215 231.03 (8) Adopt rules for the use of a project or other health facility,
16educational facility, cultural facility, or child care center or any portion of the project
17or facility owned, financed, or refinanced in whole or in part by the authority,
18including any property used as security for a loan secured through, from, or with the
19assistance of the authority. The authority may designate a participating health
20institution, participating educational institution, participating cultural institution,
21or participating child care provider as its agent to establish rules for the use of a
22project or other health facilities, educational facilities, cultural facilities, or child
23care centers undertaken for that participating health institution, participating
24educational institution, participating cultural institution, or participating child care
25provider. The rules shall ensure that a project, health facility, educational facility,

1cultural facility, child care center, or property may not be used primarily for sectarian
2instruction or study or as a place for devotional activities or religious worship.
AB794, s. 17 3Section 17. 231.03 (11) of the statutes is amended to read:
AB794,8,154 231.03 (11) Establish or contract with others to carry out on its behalf a health
5facility, educational facility, cultural facility, or child care center project cost
6estimating service, and make this service available on all projects to provide expert
7cost estimates and guidance to the participating health institution, participating
8educational institution, participating cultural institution, or participating child care
9provider and to the authority. To implement this service and, through it, to
10contribute to cost containment, the authority may require such reasonable reports
11and documents from health facility, educational facility, cultural facility, or child care
12center projects as are required for this service and for the development of cost reports
13and guidelines. The authority shall appoint a technical committee on health facility,
14educational facility, cultural facility, or child care center project costs and cost
15containment.
AB794, s. 18 16Section 18. 231.03 (13) of the statutes is amended to read:
AB794,9,417 231.03 (13) Make loans to any participating health institution, participating
18educational institution, participating cultural institution, or, before May 1, 2000,
19participating child care provider for the cost of a project in accordance with an
20agreement between the authority and the participating health institution,
21participating educational institution, participating cultural institution, or
22participating child care provider. The authority may secure the loan by a mortgage
23or other security arrangement on the health facility, educational facility, cultural
24facility,
or child care center granted by the participating health institution,
25participating educational institution, participating cultural institution, or

1participating child care provider to the authority. The loan may not exceed the total
2cost of the project as determined by the participating health institution,
3participating educational institution, participating cultural institution, or
4participating child care provider and approved by the authority.
AB794, s. 19 5Section 19. 231.03 (14) of the statutes is amended to read:
AB794,9,136 231.03 (14) Make loans to a health facility, educational facility, cultural facility,
7or, before May 1, 2000, child care center for which bonds may be issued under sub.
8(6) (b), (d), or (f) to refinance the health facility's, educational facility's, cultural
9facility's,
or child care center's outstanding debt. The authority may secure the loan
10or bond by a mortgage or other security arrangement on the health facility,
11educational facility, cultural facility, or child care center granted by the participating
12health institution, participating educational institution, participating cultural
13institution,
or participating child care provider to the authority.
AB794, s. 20 14Section 20. 231.03 (15) of the statutes is amended to read:
AB794,9,2215 231.03 (15) Mortgage all or any portion of a project and other health facilities,
16educational facilities, cultural facilities, or child care centers and the site thereof,
17whether owned or thereafter acquired, for the benefit of the holders of bonds issued
18to finance the project, health facilities, educational facilities, cultural facilities, or
19child care centers or any portion thereof or issued to refund or refinance outstanding
20indebtedness of participating health institutions, educational institutions,
21participating cultural institutions,
or child care providers as permitted by this
22chapter.
AB794, s. 21 23Section 21. 231.03 (16) of the statutes is amended to read:
AB794,9,2524 231.03 (16) Lease to a participating health institution, participating
25educational institution, participating cultural institution, or participating child care

1provider the project being financed or other health facilities, educational facilities,
2cultural facilities,
or child care centers conveyed to the authority in connection with
3such financing, upon such terms and conditions as the authority deems proper, and
4charge and collect rents therefor, and terminate any such lease upon the failure of
5the lessee to comply with any of the obligations thereof; and include in any such lease,
6if desired, provisions that the lessee thereof shall have options to renew the term of
7the lease for such periods and at such rent as the authority determines or to purchase
8all or any part of the health facilities, educational facilities, cultural facilities, or
9child care centers or that, upon payment of all of the indebtedness incurred by the
10authority for the financing of such project or health facilities, educational facilities,
11cultural facilities,
or child care centers or for refunding outstanding indebtedness of
12a participating health institution, participating educational institution,
13participating cultural institution,
or participating child care provider, the authority
14may convey all or any part of the project or such other health facilities, educational
15facilities, cultural facilities, or child care centers to the lessees thereof with or
16without consideration.
AB794, s. 22 17Section 22. 231.03 (17) of the statutes is amended to read:
AB794,10,2118 231.03 (17) Charge to and apportion among participating health institutions,
19participating educational institutions, participating cultural institutions, and
20participating child care providers its administrative costs and expenses incurred in
21the exercise of the powers and duties conferred by this chapter.
AB794, s. 23 22Section 23. 231.03 (18) of the statutes is amended to read:
AB794,11,223 231.03 (18) Make studies of needed health facilities, educational facilities,
24cultural facilities,
and child care centers that could not sustain a loan were it made
25under this chapter and recommend remedial action to the legislature; and do the

1same with regard to any laws or rules that prevent health facilities, educational
2facilities, cultural facilities, and child care centers from benefiting from this chapter.
AB794, s. 24 3Section 24. 231.03 (19) of the statutes is amended to read:
AB794,11,144 231.03 (19) Obtain, or aid in obtaining, from any department or agency of the
5United States or of this state or any private company, any insurance or guaranty
6concerning the payment or repayment of, interest or principal, or both, or any part
7thereof, on any loan, lease, or obligation or any instrument evidencing or securing
8the same, made or entered into under the provisions of this chapter; and
9notwithstanding any other provisions of this chapter, to enter into any agreement,
10contract, or any other instrument with respect to that insurance or guaranty, to
11accept payment in the manner and form provided therein in the event of default by
12a participating health institution, participating educational institution,
13participating cultural institution,
or participating child care provider, and to assign
14the insurance or guaranty as security for the authority's bonds.
AB794, s. 25 15Section 25. 231.04 of the statutes is amended to read:
AB794,12,3 16231.04 Expenses. All expenses of the authority incurred in carrying out this
17chapter shall be payable solely from funds provided under the authority of this
18chapter, and no liability may be incurred by the authority beyond the extent to which
19moneys have been provided under this chapter except that, for the purposes of
20meeting the necessary expenses of initial organization and operation of the authority
21for the period commencing on June 19, 1974 and continuing until such date as the
22authority derives moneys from funds provided to it under the authority of this
23chapter, the authority may borrow such moneys as it requires to supplement the
24funds provided under s. 20.440. Such moneys borrowed by the authority shall
25subsequently be charged to and apportioned among participating health

1institutions, participating educational institutions, participating cultural
2institutions,
and participating child care providers in an equitable manner, and
3repaid with appropriate interest over a reasonable period of time.
AB794, s. 26 4Section 26. 231.05 (1) of the statutes is amended to read:
AB794,12,115 231.05 (1) By means of this chapter, it is the intent of the legislature to provide
6assistance and alternative methods of financing to nonprofit health institutions to
7aid them in providing needed health services consistent with the state's health plan,
8to nonprofit educational institutions to aid them in providing needed educational
9services, to nonprofit cultural institutions to aid them in providing needed cultural
10facilities,
and to nonprofit child care providers to aid them in providing needed child
11care services.
AB794, s. 27 12Section 27. 231.06 of the statutes is amended to read:
AB794,12,23 13231.06 Property acquisition. The authority may acquire, directly or by and
14through a participating health institution, participating educational institution,
15participating cultural institution,
or participating child care provider as its agent,
16by purchase or by gift or devise, such lands, structures, property, rights,
17rights-of-way, franchises, easements, and other interests in lands, including lands
18lying under water and riparian rights, which are located within this state as it deems
19necessary or convenient for the construction or operation of a project, upon such
20terms and at such prices as it considers reasonable and can be agreed upon between
21it and the owner thereof, and take title thereto in the name of the authority or in the
22name of a health facility, educational facility, cultural facility, or child care center as
23its agent.
AB794, s. 28 24Section 28. 231.07 (1) (b) of the statutes is amended to read:
AB794,13,6
1231.07 (1) (b) Convey to the participating health institution, participating
2educational institution, participating cultural institution, or participating child care
3provider the authority's interest in the project and in any other health facility,
4educational facility, cultural facility, or child care center leased, mortgaged, or
5subject to a deed of trust or any other form of security arrangement to secure the
6bond.
AB794, s. 29 7Section 29. 231.07 (2) (a) of the statutes is amended to read:
AB794,13,148 231.07 (2) (a) The principal of and interest on any bond issued by the authority
9to finance a project or to refinance or refund outstanding indebtedness of one or more
10participating health institutions, participating educational institutions,
11participating cultural institutions,
or participating child care providers, including
12any refunding bonds issued to refund and refinance the bond, have been fully paid
13and the bonds retired or if the adequate provision has been made to pay fully and
14retire the bond; and
AB794, s. 30 15Section 30. 231.08 (5) of the statutes is amended to read:
AB794,13,2216 231.08 (5) In addition to the other authorizations under this section, bonds of
17the authority may be secured by a pooling of leases whereby the authority may assign
18its rights, as lessor, and pledge rents under 2 or more leases of health facilities,
19educational facilities, cultural facilities, or child care centers with 2 or more health
20institutions, educational institutions, cultural institutions, or child care providers,
21as lessees respectively, upon such terms as may be provided for in bond resolutions
22of the authority.
AB794, s. 31 23Section 31. 231.10 (1) of the statutes is amended to read:
AB794,14,724 231.10 (1) The state is not liable on notes or bonds of the authority and the notes
25and bonds are not a debt of the state. All notes and bonds of the authority shall

1contain on the face thereof a statement to this effect. The issuance of bonds under
2this chapter shall not, directly or indirectly or contingently, obligate the state or any
3political subdivision thereof to levy any form of taxation therefor or to make any
4appropriation for their payment. Nothing in this section prevents the authority from
5pledging its full faith and credit or the full faith and credit of a health institution,
6educational institution, cultural institution, or child care provider to the payment of
7bonds authorized under this chapter.
AB794, s. 32 8Section 32. 231.12 of the statutes is amended to read:
AB794,14,25 9231.12 Studies and recommendations. It is the intent and purpose of this
10chapter that the exercise by the authority of the powers granted to it shall be in all
11respects for the benefit of the people of this state to assist them to provide needed
12health facilities, educational facilities, cultural facilities, and child care centers of
13the number, size, type, distribution, and operation that will assure admission and
14health care, education, cultural opportunities, or child care of high quality to all who
15need it. The authority shall identify and study all projects which are determined by
16health planning agencies to be needed, but which could not sustain a loan were such
17to be made to it under this chapter. The authority shall formulate and recommend
18to the legislature such amendments to this and other laws, and such other specific
19measures as grants, loan guarantees, interest subsidies, or other actions the state
20may provide which would render the construction and operation of needed health
21facilities, educational facilities, cultural facilities, and child care centers feasible and
22in the public interest. The authority also shall identify and study any laws or rules
23which it finds handicaps or bars a needed health facility, educational facility, cultural
24facility,
or child care center from participating in the benefits of this chapter, and
25recommend to the legislature such actions as will remedy such situation.
AB794, s. 33
1Section 33. 231.13 (1) (intro.) of the statutes is amended to read:
AB794,15,82 231.13 (1) (intro.) The authority shall collect rents for the use of, or other
3revenues relating to the financing of, each project. The authority shall contract with
4a participating health institution, participating educational institution,
5participating cultural institution,
or participating child care provider for each
6issuance of bonds. The contract shall provide that the rents or other revenues
7payable by the health facility, educational facility, cultural facility, or child care
8center shall be sufficient at all times to:
AB794, s. 34 9Section 34. 231.13 (2) of the statutes is amended to read:
AB794,15,2510 231.13 (2) The authority shall pledge the revenues derived and to be derived
11from a project and other related health facilities, educational facilities, cultural
12facilities,
or child care centers for the purposes specified in sub. (1), and additional
13bonds may be issued which may rank on a parity with other bonds relating to the
14project to the extent and on the terms and conditions provided in the bond resolution.
15Such pledge shall be valid and binding from the time when the pledge is made, the
16revenues so pledged by the authority shall immediately be subject to the lien of such
17pledge without any physical delivery thereof or further act and the lien of any such
18pledge shall be valid and binding as against all parties having claims of any kind in
19tort, contract, or otherwise against the authority, irrespective of whether such
20parties have notice thereof. Neither the bond resolution nor any financing
21statement, continuation statement, or other instrument by which a pledge is created
22or by which the authority's interest in revenues is assigned need be filed or recorded
23in any public records in order to perfect the lien thereof as against 3rd parties, except
24that a copy thereof shall be filed in the records of the authority and with the
25department of financial institutions.
AB794, s. 35
1Section 35. 231.16 (1) of the statutes, as affected by 2001 Wisconsin Act 16,
2is amended to read:
AB794,16,163 231.16 (1) The authority may issue bonds to refund any outstanding bond of
4the authority or indebtedness that a participating health institution, participating
5educational institution, participating cultural institution, or participating child care
6provider may have incurred for the construction or acquisition of a project prior to
7or after April 30, 1980, including the payment of any redemption premium on the
8outstanding bond or indebtedness and any interest accrued or to accrue to the
9earliest or any subsequent date of redemption, purchase, or maturity, or to pay all
10or any part of the cost of constructing and acquiring additions, improvements,
11extensions, or enlargements of a project or any portion of a project. Except for bonds
12to refund bonds issued under s. 231.03 (6) (g), no bonds may be issued under this
13section unless the authority has first entered into a new or amended agreement with
14a participating health institution, participating educational institution,
15participating cultural institution
, or participating child care provider to provide
16sufficient revenues to pay the costs and other items described in s. 231.13.
AB794, s. 36 17Section 36. 231.20 of the statutes is amended to read:
AB794,17,2 18231.20 Waiver of construction and bidding requirements. In exercising
19its powers under s. 101.12, the department of commerce or any city, village, town, or
20county may, within its discretion for proper cause shown, waive any particular
21requirements relating to public buildings, structures, grounds, works , and
22improvements imposed by law upon projects under this chapter; the requirements
23of s. 101.13 may not be waived, however. If, however, the prospective lessee so
24requests in writing, the authority shall, through the participating health institution,
25participating educational institution, participating cultural institution, or

1participating child care provider as its agent, call for construction bids in such
2manner as is determined by the authority with the approval of the lessee.
AB794, s. 37 3Section 37. 231.23 of the statutes is amended to read:
AB794,17,11 4231.23 Nonprofit institutions. It is intended that all nonprofit health and
5institutions, educational institutions, cultural institutions, and child care providers
6in this state be enabled to benefit from and participate in this chapter. To this end,
7all nonprofit health and institutions, educational institutions, cultural institutions,
8and child care providers operating, or authorized to be operated, under any law of
9this state may undertake projects and utilize the capital financing sources and
10methods of repayment provided by this chapter, the provisions of any other laws to
11the contrary notwithstanding.
AB794,17,1212 (End)
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