Amendment AA1-AB508

LRBa2516/1

FFK:kjf:ph

2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2011 ASSEMBLY BILL 508

February 29, 2012 - Offered by Committee on Jobs, Economy and Small Business.

AB508-AA1,1,1 At the locations indicated, amend the bill as follows:

AB508-AA1,1,4 1. Page 1, line 10: delete lines 10 and 11 and substitute "miscellaneous changes for bonds issued by the Wisconsin Health and Educational Facilities Authority.".

AB508-AA1,1,5 2. Page 2, line 1: before that line insert:

AB508-AA1,1,7 " Section 1e. 66.0304 (1) (f) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB508-AA1,1,12 66.0304 (1) (f) "Political subdivision" means any city, village, town, or county in this state or any city, village, town, county, district, office, department, authority, agency, commission, or other similar governmental entity in another state or office, department, authority, or agency of any such other state or territory of the United States.".

AB508-AA1,1,13 3. Page 2, line 1: delete " Section 1" and substitute "Section 1m".

AB508-AA1,2,1 4. Page 3, line 8: after "educational institution," insert "or".

AB508-AA1,2,3 5. Page 3, line 9: delete that line and substitute "institution, or participating child care provider, as approved by".

AB508-AA1,2,4 6. Page 3, line 12: after "educational institution," insert "or".

AB508-AA1,2,6 7. Page 3, line 13: delete that line and substitute "research institution, or participating child care provider for the".

AB508-AA1,2,7 8. Page 3, line 17: after "educational institution," insert "or".

AB508-AA1,2,9 9. Page 3, line 17: delete "research institution," and substitute "research institution,".

AB508-AA1,2,11 10. Page 3, line 18: delete that line and substitute "or participating child care provider of all necessary".

AB508-AA1,2,12 11. Page 4, line 2: after "educational institution," insert "or".

AB508-AA1,2,14 12. Page 4, line 3: delete that line and substitute "institution, or participating child care provider in the course of".

AB508-AA1,2,15 13. Page 4, line 12: after "educational institution," insert "or".

AB508-AA1,2,17 14. Page 4, line 13: delete that line and substitute "institution, or participating child care provider on and after the".

AB508-AA1,2,19 15. Page 4, line 15: delete that line and substitute "educational institution, or participating research institution, or participating child".

AB508-AA1,2,20 16. Page 4, line 16: delete "nonprofit institution".

AB508-AA1,2,21 17. Page 4, line 23: delete that line.

AB508-AA1,2,22 18. Page 5, line 1: delete lines 1 to 22.

AB508-AA1,3,1 19. Page 5, line 24: after "educational facility," insert "or".

AB508-AA1,3,3 20. Page 5, line 24: delete "research facility," and substitute "research facility,".

AB508-AA1,3,4 21. Page 5, line 25: delete "or child" and substitute "or child".

AB508-AA1,3,5 22. Page 5, line 25: delete "nonprofit facility".

AB508-AA1,3,6 23. Page 6, line 5: delete " nonprofit facility,".

AB508-AA1,3,8 24. Page 6, line 12: delete that line and substitute "educational facility, or research facility, or child care center, including".

AB508-AA1,3,10 25. Page 6, line 14: delete that line and substitute "conduct of the health facility, educational facility, or research facility , or child care".

AB508-AA1,3,11 26. Page 6, line 15: delete "nonprofit facility".

AB508-AA1,3,12 27. Page 6, line 20: after "educational institution," insert "or".

AB508-AA1,3,14 28. Page 6, line 20: delete "research institution," and substitute "research institution,".

AB508-AA1,3,16 29. Page 6, line 21: delete that line and substitute "or participating child care provider with one or more other".

AB508-AA1,3,19 30. Page 6, line 23: delete the material beginning with "participating research" and ending with "institutions" on line 24 and substitute "or participating research institutions, or participating child care providers".

AB508-AA1,3,20 31. Page 7, line 1: delete lines 1 to 25 and substitute:

AB508-AA1,4,22 "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 employee of a participating health institution, participating educational institution, or participating research institution, 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, or research 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 employee of the participating health institution, participating educational institution, or participating research institution, 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, or participating research institution , 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 employee 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, or research facility, or child care center architecture abstains from discussion, deliberation, action, and vote by the authority in specific respect to construction or acquisition of".

AB508-AA1,4,23 32. Page 8, line 4: delete lines 4 to 20 and substitute:

AB508-AA1,5,16 "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, or research facilities, or child care centers owned by the authority, and designate a participating health institution, participating educational institution, or participating research institution, 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, or participating research institution, 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, or research facilities, or child care centers owned by the authority.".

AB508-AA1,5,17 33. Page 9, line 13: delete lines 13 to 18.

AB508-AA1,5,18 34. Page 9, line 22: after "educational facilities," insert "or".

AB508-AA1,5,19 35. Page 9, line 22: delete "facilities, or" and substitute "facilities, or".

AB508-AA1,5,20 36. Page 9, line 23: delete "nonprofit facilities".

AB508-AA1,5,22 37. Page 10, line 2: delete that line and substitute "or research facility , or child care center rate setting mechanisms.".

AB508-AA1,5,23 38. Page 10, line 4: delete lines 4 to 18 and substitute:

AB508-AA1,6,14 "231.03 (8) Adopt rules for the use of a project or other health facility, educational facility, or research 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, or participating research institution, or participating child care provider as its agent to establish rules for the use of a project or other health facilities, educational facilities, or research facilities, or child care centers undertaken for that participating health institution, participating educational institution, or participating research institution, or participating child care provider. The rules shall ensure that a project, health facility, educational facility, research 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.".

AB508-AA1,6,16 39. Page 10, line 20: delete the material beginning with that line and ending with "containment." on page 11, line 7, and substitute:

AB508-AA1,7,4 "231.03 (11) Establish or contract with others to carry out on its behalf a health facility, educational facility, or research 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, or participating research institution, 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, or research 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, or research facility , or child care center project costs and cost containment.".

AB508-AA1,7,5 40. Page 11, line 9: delete lines 9 to 22 and substitute:

AB508-AA1,7,18 "231.03 (13) Make loans to any participating health institution, participating educational institution, or participating research institution, 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, or participating research institution, or participating child care provider. The authority may secure the loan by a mortgage or other security arrangement on the health facility, educational facility, or research facility, or child care center granted by the participating health institution, participating educational institution, or participating research institution, 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, or participating research institution, or participating child care provider and approved by the authority.".

AB508-AA1,7,20 41. Page 11, line 24: delete the material beginning with that line and ending with "authority." on page 12, line 8, and substitute:

AB508-AA1,8,5 "231.03 (14) Make loans to a health facility, educational facility, or research facility, or, before May 1, 2000, child care center for which bonds may be issued under sub. (6) (b) or, (d), or under s. 231.03 (6) (f), 1999 stats. (i), to refinance the health facility's, educational facility's, or research 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, or research facility, or child care center granted by the participating health institution, participating educational institution, or participating research institution, or participating child care provider to the authority.".

AB508-AA1,8,6 42. Page 12, line 10: delete lines 10 to 18 and substitute:

AB508-AA1,8,14 "231.03 (15) Mortgage all or any portion of a project and other health facilities, educational facilities, or research 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, or research facilities, or child care centers or any portion thereof or issued to refund or refinance outstanding indebtedness of participating health institutions, educational institutions, or research institutions, or child care providers as permitted by this chapter.".

AB508-AA1,8,16 43. Page 12, line 20: delete the material beginning with that line and ending with "consideration." on page 13, line 14, and substitute:

AB508-AA1,9,10 "231.03 (16) Lease to a participating health institution, participating educational institution, or participating research institution, or participating child care provider the project being financed or other health facilities, educational facilities, or research 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, or research 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, or research facilities, or child care centers or for refunding outstanding indebtedness of a participating health institution, participating educational institution, or participating research institution, or participating child care provider, the authority may convey all or any part of the project or such other health facilities, educational facilities, or research facilities, or child care centers to the lessees thereof with or without consideration.".

AB508-AA1,9,11 44. Page 13, line 17: after "educational institutions," insert "and".

AB508-AA1,9,13 45. Page 13, line 17: delete "institutions, and" and substitute "institutions, and".

AB508-AA1,9,15 46. Page 13, line 18: delete "participating child care providers nonprofit institutions" and substitute "participating child care providers".

AB508-AA1,9,17 47. Page 13, line 22: delete that line and substitute "and research facilities , and child care centers that could not sustain".

AB508-AA1,9,19 48. Page 14, line 1: delete that line and substitute "facilities, educational facilities, and research facilities, and child care centers".

AB508-AA1,9,20 49. Page 14, line 2: delete "facilities".

AB508-AA1,9,21 50. Page 14, line 12: after "educational institution," insert "or".

AB508-AA1,9,23 51. Page 14, line 13: delete that line and substitute "research institution, or participating child care provider, and".

AB508-AA1,10,1 52. Page 15, line 1: after "educational institutions," insert "and".

AB508-AA1,10,3 53. Page 15, line 2: delete that line and substitute "institutions, and participating child care provider in an".

AB508-AA1,10,4 54. Page 15, line 6: delete lines 6 to 12 and substitute:

AB508-AA1,10,11 "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, and to nonprofit research institutions to aid them in providing needed research facilities, and to nonprofit child care providers to aid them in providing needed child care services.".

AB508-AA1,10,13 55. Page 15, line 17: delete that line and substitute "or participating research institution, or participating child care provider".

AB508-AA1,10,14 56. Page 15, line 18: delete "institution".

AB508-AA1,10,16 57. Page 15, line 24: delete that line and substitute "facility, educational facility, or research facility, or child care center".