Amendment ASA1-AB40

AB40-ASA1,2031 Section 2031. 231.03 (6) (j) of the statutes is created to read:

AB40-ASA1,1094,12 231.03 (6) (j) Finance any project undertaken for a nonprofit facility by a participating nonprofit institution.

AB40-ASA1,2032 Section 2032. 231.03 (6) (k) of the statutes is created to read:

AB40-ASA1,1094,15 231.03 (6) (k) Refinance outstanding debt of any participating nonprofit institution.

AB40-ASA1,2033 Section 2033. 231.03 (7) of the statutes is amended to read:

AB40-ASA1,1094,23 231.03 (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, nonprofit facilities, or research facilities 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, nonprofit facility, or research facility rate setting mechanisms.

AB40-ASA1,2034 Section 2034. 231.03 (8) of the statutes is amended to read:

AB40-ASA1,1095,14 231.03 (8) Adopt rules for the use of a project or other health facility, educational facility, nonprofit facility, or research facility 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 nonprofit institution, or participating research institution as its agent to establish rules for the use of a project or other health facilities, educational facilities, nonprofit facilities, or research facilities undertaken for that participating health institution, participating educational institution, participating nonprofit institution, or participating research institution. The rules shall ensure that a project, health facility, educational facility, research facility, nonprofit facility, or property may not be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.

AB40-ASA1,2035 Section 2035. 231.03 (11) of the statutes is amended to read:

AB40-ASA1,1096,2 231.03 (11) Establish or contract with others to carry out on its behalf a health facility, educational facility, nonprofit facility, or research facility 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 nonprofit institution, or participating research institution 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, nonprofit facility, or research facility 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, nonprofit facility, or research facility project costs and cost containment.

AB40-ASA1,2036 Section 2036. 231.03 (13) of the statutes is amended to read:

AB40-ASA1,1096,16 231.03 (13) Make loans to any participating health institution, participating educational institution, participating nonprofit institution, or participating research institution for the cost of a project in accordance with an agreement between the authority and the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution. The authority may secure the loan by a mortgage or other security arrangement on the health facility, educational facility, nonprofit facility, or research facility granted by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution 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 nonprofit institution, or participating research institution and approved by the authority.

AB40-ASA1,2037 Section 2037. 231.03 (14) of the statutes is amended to read:

AB40-ASA1,1096,25 231.03 (14) Make loans to a health facility, educational facility, nonprofit facility, or research facility for which bonds may be issued under sub. (6) (b), (d), or (i), or (k), to refinance the health facility's, educational facility's, nonprofit facility's, or research facility's outstanding debt. The authority may secure the loan or bond by a mortgage or other security arrangement on the health facility, educational facility, nonprofit facility, or research facility granted by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to the authority.

AB40-ASA1,2038 Section 2038. 231.03 (15) of the statutes is amended to read:

AB40-ASA1,1097,9 231.03 (15) Mortgage all or any portion of a project and other health facilities, educational facilities, nonprofit facilities, or research facilities 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, nonprofit facilities, or research facilities or any portion thereof or issued to refund or refinance outstanding indebtedness of participating health institutions, participating educational institutions, participating nonprofit institutions, or participating research institutions as permitted by this chapter.

AB40-ASA1,2039 Section 2039. 231.03 (16) of the statutes is amended to read:

AB40-ASA1,1098,3 231.03 (16) Lease to a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution the project being financed or other health facilities, educational facilities, nonprofit facilities, or research facilities 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, nonprofit facilities, or research facilities or that, upon payment of all of the indebtedness incurred by the authority for the financing of such project or health facilities, educational facilities, nonprofit facilities, or research facilities or for refunding outstanding indebtedness of a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution, the authority may convey all or any part of the project or such other health facilities, educational facilities, nonprofit facilities, or research facilities to the lessees thereof with or without consideration.

AB40-ASA1,2040 Section 2040. 231.03 (17) of the statutes is amended to read:

AB40-ASA1,1098,8 231.03 (17) Charge to and apportion among participating health institutions, participating educational institutions, participating nonprofit institutions, and participating research institutions its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter.

AB40-ASA1,2041 Section 2041. 231.03 (18) of the statutes is amended to read:

AB40-ASA1,1098,15 231.03 (18) Make studies of needed health facilities, educational facilities, nonprofit facilities, and research facilities 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, nonprofit facilities, and research facilities from benefiting from this chapter.

AB40-ASA1,2042 Section 2042. 231.03 (19) of the statutes is amended to read:

AB40-ASA1,1099,2 231.03 (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 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 nonprofit institution, or participating research institution, and to assign the insurance or guaranty as security for the authority's bonds.

AB40-ASA1,2043 Section 2043. 231.04 of the statutes is amended to read:

AB40-ASA1,1099,16 231.04 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 nonprofit institutions, and participating research institutions in an equitable manner, and repaid with appropriate interest over a reasonable period of time.

AB40-ASA1,2044 Section 2044. 231.05 (1) of the statutes is amended to read:

AB40-ASA1,1099,23 231.05 (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 entities 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 other needed services and facilities in this state.

AB40-ASA1,2045 Section 2045. 231.06 of the statutes is amended to read:

AB40-ASA1,1100,10 231.06 Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution 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, 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, nonprofit facility, or research facility as its agent.

AB40-ASA1,2046 Section 2046. 231.07 (1) (b) of the statutes is amended to read:

AB40-ASA1,1100,17 231.07 (1) (b) Convey to the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution the authority's interest in the project and in any other health facility, educational facility, nonprofit facility, or research facility leased, mortgaged, or subject to a deed of trust or any other form of security arrangement to secure the bond.

AB40-ASA1,2047 Section 2047. 231.07 (2) (a) of the statutes is amended to read:

AB40-ASA1,1100,25 231.07 (2) (a) The principal of and interest on any bond issued by the authority to finance a project or to refinance or refund outstanding indebtedness of one or more participating health institutions, participating educational institutions, participating nonprofit institutions, or participating research institutions, including any refunding bonds issued to refund and refinance the bond, have been fully paid and the bonds retired or if the adequate provision has been made to pay fully and retire the bond; and

AB40-ASA1,2048 Section 2048. 231.08 (5) of the statutes is amended to read:

AB40-ASA1,1101,9 231.08 (5) In addition to the other authorizations under this section, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under 2 or more leases of health facilities, educational facilities, nonprofit facilities, or research facilities with 2 or more participating health institutions, participating educational institutions, participating nonprofit institutions, or participating research institutions, as lessees respectively, upon such terms as may be provided for in bond resolutions of the authority.

AB40-ASA1,2049 Section 2049. 231.10 (1) of the statutes is amended to read:

AB40-ASA1,1101,20 231.10 (1) The state is not liable on notes or bonds of the authority and the notes and bonds are not a debt of the state. All notes and bonds of the authority shall contain on the face thereof a statement to this effect. The issuance of bonds under this chapter shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this section prevents the authority from pledging its full faith and credit or the full faith and credit of a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to the payment of bonds authorized under this chapter.

AB40-ASA1,2050 Section 2050. 231.12 of the statutes is amended to read:

AB40-ASA1,1102,14 231.12 Studies and recommendations. It is the intent and purpose of this chapter that the exercise by the authority of the powers granted to it shall be in all respects for the benefit of the people of this state to assist them to provide needed health facilities, educational facilities, nonprofit facilities, and research facilities of the number, size, type, distribution, and operation that will assure admission and health care, education, or research opportunities , or other necessary services of high quality to all who need it. The authority shall identify and study all projects which are determined by health planning agencies to be needed, but which could not sustain a loan were such to be made to it under this chapter. The authority shall formulate and recommend to the legislature such amendments to this and other laws, and such other specific measures as grants, loan guarantees, interest subsidies, or other actions the state may provide which would render the construction and operation of needed health facilities, educational facilities, nonprofit facilities, and research facilities feasible and in the public interest. The authority also shall identify and study any laws or rules which it finds handicaps or bars a needed health facility, educational facility, nonprofit facility, or research facility from participating in the benefits of this chapter, and recommend to the legislature such actions as will remedy such situation.

AB40-ASA1,2051 Section 2051. 231.13 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1102,22 231.13 (1) (intro.) The authority shall collect rents for the use of, or other revenues relating to the financing of, each project. The authority shall contract with a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution for each issuance of bonds. The contract shall provide that the rents or other revenues payable by the health facility, educational facility, nonprofit facility, or research facility shall be sufficient at all times to:

AB40-ASA1,2052 Section 2052. 231.13 (2) of the statutes is amended to read:

AB40-ASA1,1103,14 231.13 (2) The authority shall pledge the revenues derived and to be derived from a project and other related health facilities, educational facilities, nonprofit facilities, or research facilities for the purposes specified in sub. (1), and additional bonds may be issued which may rank on a parity with other bonds relating to the project to the extent and on the terms and conditions provided in the bond resolution. Such pledge shall be valid and binding from the time when the pledge is made, the revenues so pledged by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the bond resolution nor any financing statement, continuation statement, or other instrument by which a pledge is created or by which the authority's interest in revenues is assigned need be filed or recorded in any public records in order to perfect the lien thereof as against 3rd parties, except that a copy thereof shall be filed in the records of the authority and with the department of financial institutions.

AB40-ASA1,2053 Section 2053. 231.16 (1) of the statutes is amended to read:

AB40-ASA1,1104,4 231.16 (1) The authority may issue bonds to refund any outstanding bond of the authority or indebtedness that a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution may have incurred for the construction or acquisition of a project prior to or after April 30, 1980, including the payment of any redemption premium on the outstanding bond or indebtedness and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity, or to pay all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project or any portion of a project. Except for bonds to refund bonds issued under s. 231.03 (6) (g), no bonds may be issued under this section unless the authority has first entered into a new or amended agreement with a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to provide sufficient revenues to pay the costs and other items described in s. 231.13.

AB40-ASA1,2054 Section 2054. 231.20 of the statutes is amended to read:

AB40-ASA1,1104,15 231.20 Waiver of construction and bidding requirements. In exercising its powers under s. 101.12, the department of safety and professional services or any city, village, town, or county may, within its discretion for proper cause shown, waive any particular requirements relating to public buildings, structures, grounds, works, and improvements imposed by law upon projects under this chapter; the requirements of s. 101.13 may not be waived, however. If, however, the prospective lessee so requests in writing, the authority shall, through the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution as its agent, call for construction bids in such manner as is determined by the authority with the approval of the lessee.

AB40-ASA1,2055 Section 2055. 231.23 of the statutes is amended to read:

AB40-ASA1,1104,23 231.23 Nonprofit institutions. It is intended that all nonprofit health institutions, educational institutions, and research institutions entities in this state be enabled to benefit from and participate in this chapter. To this end, all nonprofit health institutions, educational institutions, and research institutions entities operating, or authorized to be operated, under any law of this state may undertake projects and utilize the capital financing sources and methods of repayment provided by this chapter, the provisions of any other laws to the contrary notwithstanding.

AB40-ASA1,2055b Section 2055b. 234.47 of the statutes is created to read:

AB40-ASA1,1105,3 234.47 Blight elimination grants. From the appropriation under s. 20.490 (1) (k), the authority shall make grants for the elimination of blighted and abandoned properties in this state.

AB40-ASA1,2055d Section 2055d. 234.51 (2) (b) of the statutes is amended to read:

AB40-ASA1,1105,9 234.51 (2) (b) To Annually, beginning in 2013, to transfer annually to the general Wisconsin development reserve fund, beginning no later than October 1, 2000, all moneys in the housing rehabilitation loan program administration fund that are no longer not required for the housing rehabilitation loan program.

AB40-ASA1,2055e Section 2055e. 234.622 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,1105,11 234.622 (4) (intro.) "Participant" means all any of the following:

AB40-ASA1,2055g Section 2055g. 234.625 (4) (b) of the statutes is renumbered 234.625 (4) (b) (intro.) and amended to read:

AB40-ASA1,1105,15 234.625 (4) (b) (intro.) That the loan shall be due and payable upon the occurrence of any of the following events: transfer

AB40-ASA1,1105,18 1. Transfer of the qualifying dwelling unit by any means except upon transfer to a co-owner who resides in the unit and who is permitted to assume the participant's account as provided in s. 234.624, or the .

AB40-ASA1,1105,19 2. The death of the participant if the participant is the sole owner, or the.

AB40-ASA1,1105,21 3. The death of the last surviving co-owner who owns the qualifying dwelling unit, or upon discovery by the.

AB40-ASA1,1105,23 4. The authority discovers that a the participant or a co-owner has made a false statement on the application or otherwise in respect to the program, or upon.

AB40-ASA1,1105,25 5. The condemnation or involuntary conversion of the qualifying dwelling unit, or if a.

AB40-ASA1,1106,2 6. The participant ceases to meet the eligibility requirements of s. 234.623, except as provided in sub. (5) or.

AB40-ASA1,1106,3 7. The participant fails to comply with the provisions of par. (d) or, at.

AB40-ASA1,1106,5 8. At the participant's or co-owner's election, at any time before any of the events enumerated in this paragraph under subds. 1. to 7. occurs.

AB40-ASA1,2055i Section 2055i. 234.625 (4) (b) 9. of the statutes is created to read:

AB40-ASA1,1106,10 234.625 (4) (b) 9. If the participant is a veteran, as defined in s. 45.01 (12) (a) to (f), who is not 65 years of age or older, at a time before any of the events under subds. 1. to 7. occurs, as determined under policies and procedures established by the authority.

AB40-ASA1,2055k Section 2055k. 238.03 (3) (a) of the statutes is amended to read:

AB40-ASA1,1107,2 238.03 (3) (a) That each recipient of a grant or loan under the program of at least $100,000 submit to the corporation, within 120 days after the end of the recipient's fiscal year in which any grant or loan funds were expended, a verified statement describing the recipient's expenditure schedule of expenditures of the grant or loan funds, including expenditures of any matching cash or in-kind match, signed by both an independent certified public accountant and the director or principal officer of the recipient to attest to the accuracy of the verified statement schedule of expenditures. The recipient shall engage an independent certified public accountant to perform procedures, approved by the corporation and consistent with applicable professional standards of the American Institute of Certified Public Accountants, to determine whether the grant or loan funds and any matching cash or in-kind match were expended in accordance with the grant or loan contract. The board shall also require the recipient of such a grant or loan to make available for inspection the documents supporting the verified statement schedule of expenditures. The board must shall include the requirement requirements under this paragraph in the contract with grant or loan recipients.

AB40-ASA1,2055m Section 2055m. 238.045 of the statutes is created to read:

AB40-ASA1,1107,8 238.045 Establishment of nonprofit organization. (1) Definition. In this section, "nonprofit organization" means a nonprofit corporation, as defined in s. 181.0103 (17), and any organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB40-ASA1,1107,10 (2) Approval required. (a) The corporation may not establish a nonprofit organization without the approval of the joint committee on finance.

AB40-ASA1,1107,15 (b) The joint committee on finance may approve the corporation's establishment of a nonprofit organization if the corporation's chief executive officer submits a request for approval to the committee that describes in detail the corporation's proposal to establish a nonprofit organization and the chief executive officer appears at the committee's meeting to consider that request for approval.

AB40-ASA1,2055o Section 2055o. 238.07 (2) (ag) of the statutes is created to read:

AB40-ASA1,1107,18 238.07 (2) (ag) An accounting of the location, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program.

AB40-ASA1,2055q Section 2055q. 238.07 (2) (ar) of the statutes is created to read:

AB40-ASA1,1107,21 238.07 (2) (ar) An accounting of the industry classification, by municipality, of each job created or retained in the state as a result of the program.

AB40-ASA1,2055s Section 2055s. 238.07 (2) (dm) of the statutes is created to read:

AB40-ASA1,1107,24 238.07 (2) (dm) The total amount of tax benefits allocated, and the total amount of tax benefits verified to the department of revenue, under the program.

AB40-ASA1,2055t Section 2055t. 238.07 (2) (fm) of the statutes is created to read:

AB40-ASA1,1108,3 238.07 (2) (fm) An identification of each recipient of a tax benefit allocated, and each recipient of a tax benefit that was verified to the department of revenue, under the program.

AB40-ASA1,2055v Section 2055v. 238.07 (4) of the statutes is created to read:

AB40-ASA1,1108,9 238.07 (4) Annually, beginning in 2014, the board shall have an independent audit conducted of the corporation's financial statements for the previous fiscal year and submit the audit report to the joint legislative audit committee and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2).

AB40-ASA1,2055x Section 2055x. 238.09 of the statutes is created to read:

AB40-ASA1,1108,12 238.09 Procurement policies and procedures. The board shall adopt policies and procedures that specify all of the following:

AB40-ASA1,1108,14 (1) When the corporation is required to publicly solicit proposals from multiple vendors of goods or services.

AB40-ASA1,1108,15 (2) How the corporation is to evaluate proposals from multiple vendors.

AB40-ASA1,1108,17 (3) How the corporation is to assess any conflict of interest a vendor may have if the vendor sells goods or services to the corporation.