231.12 Studies and recommendations.
231.15 Rights of bondholders.
231.17 Investment of funds.
231.18 Investment authorization.
231.20 Waiver of construction and bidding requirements.
231.21 Employes under social security.
231.22 Effect of chapter.
231.23 Nonprofit institutions.
231.24 Liberal construction.
231.26 Residential facility for the severely physically disabled.
231.27 Minority financial interests.
231.35 Rural hospital loan guarantee.
231.36 Rural hospital loan fund.
231.01
231.01
Definitions. In this chapter:
231.01(1)
(1) "Authority" means the Wisconsin health and educational facilities authority.
231.01(2)
(2) "Bond resolution" means the resolution authorizing the issuance of, or providing terms and conditions related to, bonds issued under this chapter and includes, where appropriate, any trust agreement, trust indenture, indenture of mortgage or deed of trust providing terms and conditions for such bonds.
231.01(3)
(3) "Bonds" means any bond, note or other obligation of the authority issued under this chapter, including any refunding bond.
231.01(3c)
(3c) "Child care center" means an institution, place, building or agency that satisfies all of the following:
231.01(3c)(a)
(a) Is used exclusively to provide child care services.
231.01(3m)
(3m) "Child care provider" means a person that satisfies all of the following:
231.01(3m)(b)
(b) Is described in section
501 (c) (3) of the internal revenue code as being exempt from federal income tax under section 501 (a) of that code.
231.01(4)(a)(a) "Cost" means the sum of all costs incurred by a participating health institution, participating educational institution or participating child care provider, as approved by the authority, as are reasonable and necessary to accomplish the project, exclusive of any private or federal, state or local financial assistance received by the participating health institution, participating educational institution or participating child care provider for the payment of the project cost.
231.01(4)(b)
(b) "Cost" includes, without limitation because of enumeration:
231.01(4)(b)1.
1. The cost incurred by or on behalf of the participating health institution, participating educational institution or participating child care provider of all necessary developmental, planning and feasibility studies, surveys, plans and specifications, architectural, engineering, legal or other special services, the cost of acquisition of land and any buildings and improvements on the land, site preparation and development including demolition or removal of existing structures, construction, reconstruction and equipment, including machinery, fixed equipment and personal property.
231.01(4)(b)2.
2. The reasonable cost of financing incurred by a participating health institution, participating educational institution or participating child care provider in the course of the development of the project to the occupancy date.
231.01(4)(b)3.
3. Carrying charges during construction to the occupancy date.
231.01(4)(b)4.
4. Interest on bonds issued to finance the project to a date 6 months subsequent to the estimated date of completion.
231.01(4)(b)5.
5. Working capital not exceeding 3% of the estimated total project cost or 3% of the actual total final cost, whichever is larger.
231.01(4)(b)6.
6. The fees and charges imposed by the authority or by others.
231.01(4)(b)7.
7. Necessary expenses incurred in connection with the initial occupancy of the project and the cost of other items the authority determines to be reasonable.
231.01(4)(b)8.
8. A reserve for payment of the principal of and interest on the bonds.
231.01(4)(c)
(c) All rents and other net revenues from the operation of the real property, improvements or personal property on the project site by a participating health institution, participating educational institution or participating child care provider on and after the date on which the contract between a participating health institution, participating educational institution or participating child care provider and the authority was entered into, but prior to the occupancy date, shall reduce the sum of all costs in this subsection.
231.01(4m)
(4m) "Educational facility" means a regionally accredited, private, postsecondary educational institution described in section
501 (c) (3) of the Internal Revenue Code, as defined in
s. 71.22 (4), that is exempt from federal taxation under section
501 (a) of the Internal Revenue Code.
231.01(5)(a)(a) "Health facility" means a governmental facility or a facility described in section
501 (c) (3) of the Internal Revenue Code, as defined in
s. 71.22 (4), that is exempt from federal taxation under section
501 (a) of the Internal Revenue Code, and which is one of the following:
231.01(5)(a)1.
1. Any institution, place, building or agency required to be approved or licensed under either
s. 50.02 or
subch. II of ch. 50, and also means any such facility exempted from such approval or licensure when the secretary of health and family services attests that the exempted facility meets the statutory definition of a facility subject to approval or licensure.
231.01(5)(a)2.
2. Any health service institution, place, building or agency not listed in
subd. 1. and not subject to approval or licensure under state law which the secretary attests is subject to certification by the U.S. department of health and human services under the social security act, or which the secretary attests is subject to standard-setting by a recognized public or voluntary accrediting or standard-setting agency.
231.01(5)(a)3.
3. Any institution, place, building or agency engaged solely in providing one or more supporting services to a health facility.
231.01(5)(a)4.
4. Any institution, place, building or agency that provides medical services, nursing services or personal care services, as defined in
s. 647.01 (6) to
(8), in addition to maintenance services, as defined in
s. 647.01 (5), to a person under a contract for the duration of the person's life for a term of more than 12 months.
231.01(5)(a)5.
5. Any institution, place, building or agency that is engaged in providing health education.
231.01(5)(a)6.
6. The University of Wisconsin Hospitals and Clinics Authority.
231.01(5)(b)
(b) "Health facility" does not include any institution, place or building used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.
231.01(5r)
(5r) "Participating child care provider" means 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.
231.01(5w)
(5w) "Participating educational institution" means a corporation, agency or association which is authorized by state law to provide or operate an educational facility and which 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.
231.01(6)
(6) "Participating health institution" means:
231.01(6)(a)
(a) A corporation, agency or association authorized by state law to provide or operate a health facility and which 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.
231.01(7)(a)1.
1. A specific health facility, educational facility or child care center work or improvement to be refinanced, acquired, constructed, enlarged, remodeled, renovated, improved, furnished or equipped by the authority with funds provided in whole or in part under this chapter.
231.01(7)(a)2.
2. One or more structures suitable for use as a child care center, health facility, laboratory, laundry, nurses' or interns' residence or other multi-unit housing facility for staff, employes, patients or relatives of patients admitted for treatment or care in a health facility, physician's facility, administration building, research facility, maintenance, storage or utility facility.
231.01(7)(a)4.
4. Any structure useful for the operation of a health facility, educational facility or child care center, including facilities or supporting service structures essential or convenient for the orderly conduct of the health facility, educational facility or child care center.
231.01(7)(b)
(b) "Project" includes site preparation, landscaping, machinery, equipment and furnishings and other similar items for the operation of a particular facility or structure but does not include such items as fuel, supplies or other items, the costs of which result in a current operating cost.
231.01(7)(c)
(c) "Project" may include any combination of projects undertaken jointly by any participating health institution, participating educational institution or participating child care provider with one or more other participating health institutions, participating educational institutions or participating child care providers.
231.01(7)(d)1.
1. Any institution, place or building used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.
231.01(8)
(8) "Property" means any real, personal or mixed property, or any interest therein, including, without limitation because of enumeration, any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, rights-of-way and structures, or any interest therein.
231.01(9)
(9) "Revenues" means, with respect to any project, the rents, fees, charges and other income or profit derived therefrom.
231.01(10)
(10) "State health planning and development agency" means the department of health and family services, as designated under
s. 250.04 (12)
231.01 Annotation
This chapter does not violate Establishment Clause. See note to Art. I, sec. 18, citing State ex rel. Wis. Health Fac. Auth. v. Lindner, 91 W (2d) 145, 280 NW (2d) 773 (1979).
231.02
231.02
Creation and organization. 231.02(1)
(1) There is created a public body politic and corporate to be known as the "Wisconsin Health and Educational Facilities Authority". The authority shall consist of 7 members nominated by the governor, and with the advice and consent of the senate appointed for staggered 7-year terms. Members shall be residents of the state, and not more than 4 may be members of the same political party. The terms of the members of the authority expire on June 30, one in each succeeding year. Each member's appointment remains in effect until a successor is appointed. Annually, the governor shall appoint one member as chairperson and the authority shall elect one member as vice chairperson.
231.02(2)
(2) The authority shall appoint an executive director and associate executive director who shall not be members of the authority and who shall serve at the pleasure of the authority. They shall receive such compensation as the authority fixes, except that the compensation of the executive director shall not exceed the maximum of the salary range established under
s. 20.923 (1) for positions assigned to executive salary group 4 and the compensation of each other employe of the authority shall not exceed the maximum of the salary range established under
s. 20.923 (1) for positions assigned to executive salary group 3. The executive director or associate executive director or other person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority, the minute book or journal of the authority and its official seal. The executive director or associate executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
231.02(3)
(3) Four members of the authority shall constitute a quorum. The affirmative vote of a majority of all the members of the authority shall be necessary for any action taken by the authority. A vacancy in the membership of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Each meeting of the authority shall be open to the public. Notice of meetings, or waivers thereof, shall be as provided in the bylaws of the authority. Resolutions of the authority need not be published or posted. The authority may delegate by resolution to one or more of its members or its executive director such powers and duties as it deems proper.
231.02(5)
(5) The members of the authority shall receive no compensation for the performance of their duties as members, but each such member shall be reimbursed for the member's actual and necessary expenses while engaged in the performance of the member's duties.
231.02(6)(a)(a) Any member, officer, agent or employe of the authority who, directly or indirectly, has any financial interest in any bond issue or in any loan or any property to be included in, or any contract for property or materials to be furnished or used in connection with, any project of the authority, may be fined not less than $50 nor more than $1,000, or imprisoned not more than 30 days or both.
231.02(6)(b)
(b) Notwithstanding any other provision of law, it is not a conflict of interest or violation of this section or of any other law for a trustee, director, officer or employe of a participating health institution, participating educational institution 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 child care center architecture to serve as a member of the authority; if in each case to which
par. (a) is applicable, the trustee, director, officer or employe of the participating health institution, participating educational institution 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 child care provider has an interest, or the person having the required favorable reputation for skill, knowledge and experience in state and municipal finance abstains from discussion, deliberation, action and vote by the authority in specific respect to any sale, purchase or ownership of bonds of the authority in which any business of which such person is a participant, owner, officer or employe has a past, current or future interest, or such person having the required favorable reputation for skill, knowledge and experience in the field of health facility, educational facility or child care center architecture abstains from discussion, deliberation, action and vote by the authority in specific respect to construction or acquisition of any project of the authority in which any business of which such person is a participant, owner, officer or employe has a past, current or future interest.
231.03
231.03
Powers. The authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, the authority may:
231.03(1)
(1) Adopt bylaws and rules for the regulation of its affairs and the conduct of its business.
231.03(2)
(2) Adopt an official seal and alter it at pleasure.
231.03(4)
(4) Sue and be sued in its own name, plead and be impleaded.
231.03(5)
(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 child care centers owned by the authority, and designate a participating health institution, participating educational 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 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 child care centers owned by the authority.
231.03(6)
(6) Issue bonds of the authority, and may refuse to issue bonds of the authority only if it determines that the issuance would not be financially feasible, to do the following:
