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, employees, 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 and, with respect to any bonds issued under
s. 231.03 (6) (g), tobacco settlement revenues identified in the bond resolution.
231.01(10)
(10) "State health planning and development agency" means the department of health services, as designated under
s. 250.04 (12).
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 employee 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 employee 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 employee 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 employee 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 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 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 employee 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) Subject to
s. 231.08 (7), issue bonds of the authority to do any of the following:
231.03(6)(a)
(a) Finance any project undertaken by a participating health institution if any of the following applies:
231.03(6)(a)2.
2. The department of health services need not approve the project under
subch. II of ch. 150 because the cost of the project is equal to or less than the amount in
s. 150.21 (3) or
(4) and the cost of the project is equal to or greater than 5% of the annual operating expenses of the participating health institution.
231.03(6)(a)3.a.
a. A capital expenditure, by or on behalf of a hospital, that under generally accepted accounting principles is not properly chargeable as an expense of operations or maintenance, including the cost of studies, surveys, plans and other activities essential to the proposed capital expenditure.
231.03(6)(a)3.b.
b. The addition of a service or unit or expansion of an existing service or unit by or on behalf of a hospital.
231.03(6)(a)3.c.
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), for clinical medical equipment.
231.03(6)(a)3.f.
f. The construction or operation of an ambulatory surgery center or a home health agency.
231.03(6)(a)3.g.
g. The acquisition, construction, renovation, improvement or equipping of a health facility described in
s. 231.01 (5) (a) 4., including projects begun before August 1, 1987.
231.03(6)(b)
(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 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.
231.03(6)(c)
(c) Finance any project undertaken for an educational facility.
231.03(6)(d)
(d) Refinance outstanding debt of any participating educational institution.
231.03(6)(g)
(g) Finance a purchase, or make a loan, under
sub. (20). Bonds issued under this paragraph shall be payable from, or secured by interests in, tobacco settlement revenues and such other property pledged under the bond resolution and, notwithstanding
s. 231.08 (3), are not required to mature in 30 years or less from the date of issue.
231.03(7)
(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 or child care centers 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 or child care center rate setting mechanisms.
231.03(8)
(8) Adopt rules for the use of a project or other health facility, educational 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 child care provider as its agent to establish rules for the use of a project or other health facilities, educational facilities or child care centers undertaken for that participating health institution, participating educational institution or participating child care provider. The rules shall ensure that a project, health facility, educational 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.
231.03(9)
(9) Employ or contract for consulting engineers, architects, attorneys, accountants, construction and financial experts and such other employees and agents as it finds necessary and fix their compensation. Any employee of the authority shall be exempt from
subch. II of ch. 230, except
s. 230.40 shall apply.
231.03(10)
(10) Appoint such technical or professional advisory committees as it finds necessary, define their duties and provide reimbursement of their expenses.
231.03(11)
(11) Establish or contract with others to carry out on its behalf a health facility, educational 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 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 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 child care center project costs and cost containment.
231.03(12)
(12) Receive and accept from any source loans, contributions or grants for or in aid of the construction of a project or any portion thereof in either money, property, labor or other things of value and, when required, use such funds, property or labor only for the purposes for which it was loaned, contributed or granted.
231.03(13)
(13) Make loans to any participating health institution, participating educational 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 child care provider. The authority may secure the loan by a mortgage or other security arrangement on the health facility, educational facility or child care center granted by the participating health institution, participating educational 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 child care provider and approved by the authority.
231.03(14)
(14) Make loans to a health facility, educational 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., to refinance the health facility's, educational 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 child care center granted by the participating health institution, participating educational institution, or participating child care provider to the authority.
231.03(15)
(15) Mortgage all or any portion of a project and other health facilities, educational 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 child care centers or any portion thereof or issued to refund or refinance outstanding indebtedness of participating health institutions, educational institutions or child care providers as permitted by this chapter.
231.03(16)
(16) Lease to a participating health institution, participating educational institution or participating child care provider the project being financed or other health facilities, educational 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 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 child care centers or for refunding outstanding indebtedness of a participating health institution, participating educational 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 child care centers to the lessees thereof with or without consideration.
231.03(17)
(17) Charge to and apportion among participating health institutions, participating educational institutions and participating child care providers its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter.
231.03(18)
(18) Make studies of needed health facilities, educational facilities and child care centers 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 and child care centers from benefiting from this chapter.
231.03(19)
(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 any 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 or participating child care provider, and to assign the insurance or guaranty as security for the authority's bonds.
231.03(20)
(20) Purchase the state's right to receive any of the payments under the tobacco settlement agreement, or make a loan to be secured by the state's right to receive any of the payments under the tobacco settlement agreement, upon such terms and at such prices as the authority considers reasonable and as can be agreed upon between the authority and the other party to the transaction. The authority may issue certificates or other evidences of ownership interest in tobacco settlement revenues upon such terms and conditions as specified by the authority in the resolution under which the certificates or other evidences are issued or in a related trust agreement or trust indenture.
231.03 Annotation
This chapter does not violate the establishment of religion clause. The primary effect of ch. 231 does not advance religion, nor does the chapter foster excessive entanglement between church and state. State ex rel. Wisconsin Health Facilities Authority v. Lindner,
91 Wis. 2d 145,
280 N.W.2d 773 (1979).
231.04
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 and participating child care providers in an equitable manner, and repaid with appropriate interest over a reasonable period of time.
231.05
231.05
Project applications. 231.05(1)
(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 child care providers to aid them in providing needed child care services.
231.05(3)
(3) With respect to an applicant requesting financing for health services, the authority shall, at the same time as it notifies the applicant of its action, notify the state health planning and development agency of its action, including data in support of its decision.
231.05(4)
(4) Subject to the approval of the authority, an applicant may recommend to the authority an underwriter for the bonds or notes related to its project.
231.06
231.06
Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational 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 or child care center as its agent.
231.07
231.07
Property conveyance. 231.07(1)(1) If the conditions of
sub. (2) are satisfied, the authority shall:
231.07(1)(a)
(a) Release the lien of any mortgage, deed of trust or other security arrangement securing the bond; and
231.07(1)(b)
(b) Convey to the participating health institution, participating educational institution or participating child care provider the authority's interest in the project and in any other health facility, educational facility or child care center leased, mortgaged or subject to a deed of trust or any other form of security arrangement to secure the bond.
231.07(2)
(2) The authority shall release the lien of the security arrangement and convey title under
sub. (1) if:
231.07(2)(a)
(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 or participating child care providers, 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
