231.03(2)

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(2) Adopt an official seal and alter it at pleasure.

231.03(6)(a)

(a) Finance any project undertaken by a participating health institution if any of the following applies:

231.03(6)(a)3.e.

e. An addition to a hospital’s bed capacity.

231.03(6)(h)

(h) Finance any project undertaken for a research facility by a participating research institution.

231.03(6)(i)

(i) Refinance outstanding debt of any participating research institution.

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(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 § 230.40 shall apply.

231.03(11)

(11) Establish or contract with others to carry out on its behalf a health facility, educational facility, 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, 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, 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, research 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(16)

(16) Lease to a participating health institution, participating educational institution, participating research institution, or participating child care provider the project being financed or other health facilities, educational facilities, 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, 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, research facilities, or child care centers or for refunding outstanding indebtedness of a participating health institution, participating educational institution, 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, research facilities, or child care centers to the lessees thereof with or without consideration.

231.03(13)

(13) Make loans to any participating health institution, participating educational institution, 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, 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, research facility, or child care center granted by the participating health institution, participating educational institution, 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, participating research institution, or participating child care provider and approved by the authority.

231.03(14)

(14) Make loans to a health facility, educational facility, research facility, or, before May 1, 2000, child care center for which bonds may be issued under sub. (b) or (d) or under s. 231.03 (6) (f), 1999 stats., to refinance the health facility’s, educational facility’s, 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, research facility, or child care center granted by the participating health institution, participating educational institution, participating research 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, 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, research facilities, or child care centers or any portion thereof or issued to refund or refinance outstanding indebtedness of participating health institutions, educational institutions, research institutions, or child care providers as permitted by this chapter.

231.03(17)

(17) Charge to and apportion among participating health institutions, participating educational institutions, participating research 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, research 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, research 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 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 research 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(1)

(1) Adopt bylaws and rules for the regulation of its affairs and the conduct of its business.

231.03(3)

(3) Maintain an office.

231.03(4)

(4) Sue and be sued in its own name, plead and be impleaded.

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(6)(a)3.

3. The project is for any of the following purposes:

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.d.

d. The acquisition of a hospital.

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, research facilities, or child care centers owned by the authority, and designate a participating health institution, participating educational institution, 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, 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, research facilities, or child care centers owned by the authority.

231.03(6)

(6) Subject to § 231.08 (7), issue bonds of the authority to do any of the following:

231.03(6)(a)1.

1. The department of health services approves the project under subch. II of ch. 150.

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 § 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.f.

f. The construction or operation of an ambulatory surgery center or a home health agency.

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)(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 § 180.1901 (2), or the substantially equivalent laws or rules of another state, for clinical medical equipment.

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, 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 § 49.45 (6m)(a) 3, or for a participating health institution that is located in another state.

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 § 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, research 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, research 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, 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, 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, research facilities, or child care centers undertaken for that participating health institution, participating educational institution, 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.