AB40: Bill Text

AB40, s. 2767 Section 2767. 230.44 (1) (h) of the statutes is repealed.

AB40, s. 2768 Section 2768. 231.01 (1) of the statutes is renumbered 231.01 (1t).

AB40, s. 2769 Section 2769. 231.01 (1m) of the statutes is created to read:

AB40,1045,14 231.01 (1m) "Affiliate" means an entity that controls, is controlled by, or is under common control with another entity.

AB40, s. 2770 Section 2770. 231.01 (4t) of the statutes is created to read:

AB40,1045,16 231.01 (4t) "Entity" means any person other than a natural person.

AB40, s. 2771 Section 2771. 231.01 (5r) of the statutes is amended to read:

AB40,1045,21 231.01 (5r) "Participating child care provider" means a child care provider, or an affiliate of a child care provider, 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.

AB40, s. 2772 Section 2772. 231.01 (5w) of the statutes is amended to read:

AB40,1046,2 231.01 (5w) "Participating educational institution" means a corporation, agency or association which is an entity authorized by state law to provide or operate an educational facility, or an affiliate of that entity, and which 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.

AB40, s. 2773 Section 2773. 231.01 (6) (intro.) and (a) of the statutes are consolidated, renumbered 231.01 (6) and amended to read:

AB40,1046,9 231.01 (6) "Participating health institution" means: (a) A corporation, agency or association an entity authorized by state law to provide or operate a health facility, or an affiliate of that entity, and which 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.

AB40, s. 2774 Section 2774. 231.01 (6t) of the statutes is amended to read:

AB40,1046,15 231.01 (6t) "Participating research institution" means an entity organized under the laws of this state that provides or operates a research facility, or an affiliate of that entity, and 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.

AB40, s. 2775 Section 2775. 231.01 (7) (c) of the statutes is amended to read:

AB40,1046,22 231.01 (7) (c) "Project" may include more than one project, and it may include any combination of projects undertaken jointly by any participating health institution, participating educational institution, participating research institution, or participating child care provider with one or more other participating health institutions, participating educational institutions, participating research institutions, or participating child care providers.

AB40, s. 2776 Section 2776. 231.01 (7) (cg) of the statutes is created to read:

AB40,1046,25 231.01 (7) (cg) "Project" includes any project located within or outside of this state.

AB40, s. 2777 Section 2777. 231.01 (7) (d) 2. of the statutes is amended to read:

AB40,1047,3 231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 449, or 455, or the substantially equivalent laws or rules of another state.

AB40, s. 2778 Section 2778. 231.03 (6) (a) 3. c. of the statutes is amended to read:

AB40,1047,8 231.03 (6) (a) 3. c. The expenditure, by or on behalf of a hospital, independent practitioner, partnership, unincorporated medical group or service corporation, as defined in s. 180.1901 (2), or the substantially equivalent laws or rules of another state, for clinical medical equipment.

AB40, s. 2779 Section 2779. 231.03 (6) (b) of the statutes is amended to read:

AB40,1047,18 231.03 (6) (b) Refinance outstanding debt of any participating health institution if the department of health services certifies that refinancing will result in a reduction in the participating health institution's rates below the rates which would have otherwise prevailed, except that the authority may not refinance any office or clinic of a person licensed under ch. 446, 447, 448, 449 or 455, or the substantially equivalent laws or rules of another state, and except that this certification is not required for the refinancing for a participating health institution that operates a facility as defined under s. 49.45 (6m) (a) 3, or for a participating health institution that is located in another state.

AB40, s. 2780 Section 2780. 231.06 of the statutes is amended to read:

AB40,1048,5 231.06 Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational institution, participating research institution, 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, research facility, or child care center as its agent.

AB40, s. 2781 Section 2781. 231.08 (8) of the statutes is created to read:

AB40,1048,10 231.08 (8) The proceeds of a bond issued under this section may be used for a project in this state or any other state, except that if the proceeds of a bond are used for a project located in another state, that project shall include a substantial component located in this state, as determined by the executive director.

AB40, s. 2782 Section 2782. 231.20 of the statutes is amended to read:

AB40,1048,22 231.20 Waiver of construction and bidding requirements. In exercising its powers under s. 101.12, the department of commerce 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 research institution, or participating child care provider as its agent, call for construction bids in such manner as is determined by the authority with the approval of the lessee.

AB40, s. 2783 Section 2783. 231.27 (1) of the statutes is amended to read:

AB40,1049,2 231.27 (1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 2784 Section 2784. 231.29 (1) of the statutes is amended to read:

AB40,1049,6 231.29 (1) In this section, "business," "financial adviser," and "investment firm" mean a business, financial adviser, and investment firm certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 2785 Section 2785. 231.35 (6) (a) of the statutes is amended to read:

AB40,1049,12 231.35 (6) (a) The authority shall enter into a guarantee agreement with any person who makes loans described under sub. (3) (b) and who wishes to have those loans guaranteed under this section. The guarantee agreement shall comply with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40, s. 2786 Section 2786. 231.35 (6) (b) of the statutes is amended to read:

AB40,1049,18 231.35 (6) (b) The authority may use money from the rural hospital loan fund to guarantee loans made for the purposes described in sub. (3) (b), if the authority sets out the terms and conditions of the guarantee in a guarantee agreement that complies with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40, s. 2787 Section 2787. 231.35 (7) (intro.) of the statutes is amended to read:

AB40,1049,22 231.35 (7) (intro.) With the advice of the rural health development council, the department of commerce administration shall promulgate rules specifying all of the following:

AB40, s. 2788 Section 2788. 233.01 (3) of the statutes is repealed.

AB40, s. 2789 Section 2789. 233.01 (3m) of the statutes is created to read:

AB40,1050,2 233.01 (3m) "Board of Trustees" means the Board of Trustees of the University of Wisconsin–Madison.

AB40, s. 2790 Section 2790. 233.01 (6) of the statutes is amended to read:

AB40,1050,7 233.01 (6) "Lease agreement" means the lease agreement that is required to be entered into between the board of directors and the board of regents Board of Trustees under s. 233.04 (7) or a lease agreement that is entered into between the board of directors and the board of regents Board of Trustees under s. 233.04 (7g).

AB40, s. 2791 Section 2791. 233.01 (7) of the statutes is amended to read:

AB40,1050,13 233.01 (7) "On-campus facilities" means facilities that are located on land owned by the state or the University of Wisconsin–Madison, that are under the control of the board of regents the Board of Trustees, and that are primarily related to the operation of the University of Wisconsin Hospitals and Clinics and its related services.

AB40, s. 2792 Section 2792. 233.02 (1) (b) of the statutes is amended to read:

AB40,1050,16 233.02 (1) (b) Three members of the board of regents Board of Trustees appointed by the president chairperson of the board of regents Board of Trustees.

AB40, s. 2793 Section 2793. 233.02 (1) (d) of the statutes is amended to read:

AB40,1050,19 233.02 (1) (d) The dean of the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health.

AB40, s. 2794 Section 2794. 233.02 (1) (e) of the statutes is amended to read:

AB40,1050,23 233.02 (1) (e) A chairperson of a department at the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health, appointed by the chancellor of the University of Wisconsin-Madison.

AB40, s. 2795 Section 2795. 233.02 (1) (f) of the statutes is amended to read:

AB40,1051,4 233.02 (1) (f) A faculty member of a health professions school of the University of Wisconsin-Madison health professions school, other than the University of Wisconsin-Madison Medical Wisconsin School of Medicine and Public Health, appointed by the chancellor of the University of Wisconsin-Madison.

AB40, s. 2796 Section 2796. 233.03 (2) of the statutes is amended to read:

AB40,1051,12 233.03 (2) Sue and be sued; have a seal and alter the seal at pleasure; have perpetual existence; maintain an office; negotiate and enter into leases; accept gifts or grants, but not including research grants in which the grant investigator is an employee of the board of regents Board of Trustees; accept bequests or loans; accept and comply with any lawful conditions attached to federal financial assistance; and make and execute other instruments necessary or convenient to the exercise of the powers of the authority.

AB40, s. 2797 Section 2797. 233.03 (10) of the statutes is amended to read:

AB40,1051,19 233.03 (10) Enter into procurement contracts with the board of regents Board of Trustees or joint contracts with the board of regents Board of Trustees for procurements from 3rd parties and may enter into other contracts, rental agreements and cooperative agreements and other necessary arrangements with the board of regents Board of Trustees which may be necessary and convenient for the missions, purposes, objects and uses of the authority authorized by law.

AB40, s. 2798 Section 2798. 233.04 (1) of the statutes is amended to read:

AB40,1052,2 233.04 (1) By October 1, 1997, and annually thereafter, submit to the chief clerk of each house of the legislature under s. 13.172 (2), the president chairperson of the board of regents Board of Trustees, the secretary of administration and the governor a report on the patient care, education, research and community service activities and accomplishments of the authority and an audited financial statement, certified by an independent auditor, of the authority's operations.

AB40, s. 2799 Section 2799. 233.04 (3b) (b) of the statutes is amended to read:

AB40,1052,9 233.04 (3b) (b) Paragraph (a) does not apply unless a lease agreement under sub. (7) or (7g) and an affiliation agreement under sub. (7m) or (7p) are in effect that comply with all applicable requirements of those provisions. In the event either of these agreements are not in effect, the on-campus facilities and any improvements, modifications or other facilities specified in sub. (7) (c) shall transfer to the board of regents Board of Trustees.

AB40, s. 2800 Section 2800. 233.04 (4m) (b) of the statutes is amended to read:

AB40,1052,16 233.04 (4m) (b) If a lease agreement under sub. (7) or (7g) or an affiliation agreement under sub. (7m) or (7p) is not in effect, the contractual services agreement is terminated and the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the board of directors that meets the requirements under sub. (4) (a) and (b) or with the board of regents Board of Trustees that meets the requirements under s. 36.25 37.25 (13g) (c).

AB40, s. 2801 Section 2801. 233.04 (7) (intro.) of the statutes is amended to read:

AB40,1052,22 233.04 (7) (intro.) Subject to s. 233.05 (1) and 1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into a lease agreement with the board of regents Board of Trustees to lease the on-campus facilities beginning on June 29, 1996, for an initial period of not more than 30 years. The lease agreement shall include all of the following:

AB40, s. 2802 Section 2802. 233.04 (7) (e) of the statutes is amended to read:

AB40,1053,2 233.04 (7) (e) Any provision necessary to ensure that the general management and operation of the on-campus facilities are consistent with the mission and responsibilities of the University of Wisconsin System Wisconsin–Madison specified in ss. 36.01 37.001 and 36.09 37.03.

AB40, s. 2803 Section 2803. 233.04 (7) (g) of the statutes is amended to read:

AB40,1053,10 233.04 (7) (g) A provision that protects the board of regents Board of Trustees from all liability associated with the management, operation, use or maintenance of the on-campus facilities. No such provision shall make the authority liable for the acts or omissions of any officer, employee or agent of the board of regents Board of Trustees, including any student who is enrolled at the University of Wisconsin–Madison or an institution within the University of Wisconsin System, unless the officer, employee or agent acts at the direction of the authority.

AB40, s. 2804 Section 2804. 233.04 (7g) (a) of the statutes is amended to read:

AB40,1053,16 233.04 (7g) (a) Submit any modification, extension or renewal of the lease agreement under sub. (7) to the joint committee on finance. No extension or renewal of the lease agreement may be for a period of more than 30 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents Board of Trustees only upon approval of the committee.

AB40, s. 2805 Section 2805. 233.04 (7g) (b) of the statutes is amended to read:

AB40,1053,21 233.04 (7g) (b) If the committee does not approve an extension or renewal of the agreement, the on-campus facilities and any improvements, modifications or other facilities specified in sub. (7) (c) shall transfer to the board of regents Board of Regents.

AB40, s. 2806 Section 2806. 233.04 (7m) (intro.) of the statutes is amended to read:

AB40,1054,3 233.04 (7m) (intro.) Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into an affiliation agreement with the board of regents Board of Trustees. The affiliation agreement shall take effect on June 29, 1996. The initial period of the affiliation agreement shall run concurrently with the initial period of the lease agreement under sub. (7), and the affiliation agreement shall include all of the following:

AB40, s. 2807 Section 2807. 233.04 (7m) (c) of the statutes is amended to read:

AB40,1054,9 233.04 (7m) (c) A provision that requires the development of standards relating to the selection and financing by the authority of any corporation or partnership that provides health-related services. The standards shall be consistent with the missions of the authority and the board of regents Board of Trustees.

AB40, s. 2808 Section 2808. 233.04 (7m) (d) of the statutes is amended to read:

AB40,1054,13 233.04 (7m) (d) A provision that requires the board of regents Board of Trustees to make reasonable charges for any services provided by the board of regents Board of Trustees to the authority.

AB40, s. 2809 Section 2809. 233.04 (7p) (a) of the statutes is amended to read:

AB40,1054,20 233.04 (7p) (a) Submit any modification, extension or renewal of the affiliation agreement under sub. (7m) to the joint committee on finance. No extension or renewal of the affiliation agreement may be for a period of more than 30 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents Board of Trustees only upon approval of the committee.

AB40, s. 2810 Section 2810. 233.04 (7p) (b) of the statutes is amended to read:

AB40,1054,25 233.04 (7p) (b) If the committee does not approve an extension or renewal of the agreement, the on-campus facilities and any improvements, modifications or other facilities specified in sub. (7) (c) shall transfer to the board of regents Board of Trustees.

AB40, s. 2811 Section 2811. 233.05 (1) (a) 1. of the statutes is amended to read:

AB40,1055,4 233.05 (1) (a) 1. The board of directors or the board of regents Board of Trustees adopts a resolution opposing the automatic extensions or the joint committee on finance takes action opposing the automatic extensions.

AB40, s. 2812 Section 2812. 233.05 (2) (a) 1. of the statutes is amended to read: