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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 724 |
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5 | 5 | | December 6, 2023 - Introduced by Representatives ROZAR, ARMSTRONG, BEHNKE and |
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6 | 6 | | NOVAK, cosponsored by Senators JAMES and FEYEN. Referred to Committee on |
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7 | 7 | | State Affairs. |
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8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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9 | 9 | | AN ACT to amend 231.02 (2), 231.03 (13) and 231.08 (8); and to create 231.03 |
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10 | 10 | | (6) (L) of the statutes; relating to: financing the operating costs and certain |
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11 | 11 | | out-of-state projects of nonprofit institutions and compensation of employees |
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12 | 12 | | of the Wisconsin Health and Educational Facilities Authority. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | This bill makes the following changes to laws governing the Wisconsin Health |
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15 | 15 | | and Educational Facilities Authority, which is a public body corporate and politic |
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16 | 16 | | created outside of official state government: |
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17 | 17 | | 1. Under current law, WHEFA may issue bonds to finance certain projects of |
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18 | 18 | | health, educational, research, and other nonprofit institutions. The bill authorizes |
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19 | 19 | | WHEFA to issue bonds for the purpose of financing working capital of such |
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20 | 20 | | institutions to cover operating costs. |
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21 | 21 | | 2. Current law authorizes WHEFA to help finance the costs of projects located |
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22 | 22 | | outside of Wisconsin provided that the project includes a substantial component |
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23 | 23 | | located within the state. The bill instead authorizes the financing of a project outside |
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24 | 24 | | the state if the owner or operator of the project, or an affiliate of the owner or operator, |
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25 | 25 | | has a presence within the state. |
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26 | 26 | | 3. Under current law, WHEFA appoints an executive director to administer the |
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27 | 27 | | authority. The executive director's compensation may not exceed the maximum of |
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28 | 28 | | the salary range established for state government positions assigned to executive |
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29 | 29 | | salary group six. This bill increases that maximum assignment to executive salary |
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30 | 30 | | group eight. |
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36 | 36 | | ASSEMBLY BILL 724 |
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37 | 37 | | 4. Similarly, current law provides that all other WHEFA employees may not |
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38 | 38 | | receive compensation that exceeds the maximum of the salary range established for |
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39 | 39 | | state government positions assigned to executive salary group three. This bill |
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40 | 40 | | increases that maximum assignment to executive salary group five. |
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41 | 41 | | For further information see the state fiscal estimate, which will be printed as |
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42 | 42 | | an appendix to this bill. |
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43 | 43 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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44 | 44 | | enact as follows: |
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45 | 45 | | SECTION 1. 231.02 (2) of the statutes is amended to read: |
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46 | 46 | | 231.02 (2) The authority shall appoint an executive director and associate |
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47 | 47 | | executive director who shall not be members of the authority and who shall serve at |
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48 | 48 | | the pleasure of the authority. They shall receive such compensation as the authority |
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49 | 49 | | fixes, except that the compensation of the executive director shall not exceed the |
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50 | 50 | | maximum of the salary range established under s. 20.923 (1) for positions assigned |
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51 | 51 | | to executive salary group 6 8 and the compensation of each other employee of the |
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52 | 52 | | authority shall not exceed the maximum of the salary range established under s. |
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53 | 53 | | 20.923 (1) for positions assigned to executive salary group 3 5. The executive |
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54 | 54 | | director or associate executive director or other person designated by resolution of |
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55 | 55 | | the authority shall keep a record of the proceedings of the authority and shall be |
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56 | 56 | | custodian of all books, documents, and papers filed with the authority, the minute |
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57 | 57 | | book or journal of the authority, and its official seal. The executive director or |
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58 | 58 | | associate executive director or other person may cause copies to be made of all |
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59 | 59 | | minutes and other records and documents of the authority and may give certificates |
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60 | 60 | | under the official seal of the authority to the effect that such copies are true copies, |
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61 | 61 | | and all persons dealing with the authority may rely upon such certificates. |
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62 | 62 | | SECTION 2. 231.03 (6) (L) of the statutes is created to read: |
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83 | 83 | | SECTION 2 |
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84 | 84 | | ASSEMBLY BILL 724 |
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85 | 85 | | 231.03 (6) (L) In an amount not to exceed that approved by the authority, |
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86 | 86 | | finance working capital of any participating health institution, participating |
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87 | 87 | | educational institution, participating nonprofit institution, or participating |
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88 | 88 | | research institution for the purpose of covering operating expenses. Bonds issued |
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89 | 89 | | for purposes of this paragraph are not exempt from taxation under s. 71.05 (1) (c) 14., |
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90 | 90 | | 71.26 (1m) (o), or 71.45 (1t) (n). |
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91 | 91 | | SECTION 3. 231.03 (13) of the statutes is amended to read: |
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92 | 92 | | 231.03 (13) Make loans to any participating health institution, participating |
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93 | 93 | | educational institution, participating nonprofit institution, or participating |
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94 | 94 | | research institution for the cost of a project or to finance working capital under sub. |
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95 | 95 | | (6) (L) in accordance with an agreement between the authority and the participating |
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96 | 96 | | health institution, participating educational institution, participating nonprofit |
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97 | 97 | | institution, or participating research institution. The authority may secure the loan |
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98 | 98 | | by a mortgage or other security arrangement on the health facility, educational |
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99 | 99 | | facility, nonprofit facility, or research facility granted by the participating health |
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100 | 100 | | institution, participating educational institution, participating nonprofit |
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101 | 101 | | institution, or participating research institution to the authority. The loan may not |
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102 | 102 | | exceed, as applicable, the total cost of the project as determined by the participating |
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103 | 103 | | health institution, participating educational institution, participating nonprofit |
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104 | 104 | | institution, or participating research institution and approved by the authority or |
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105 | 105 | | the amount of working capital approved by the authority under sub. (6) (L). |
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106 | 106 | | SECTION 4. 231.08 (8) of the statutes is amended to read: |
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107 | 107 | | 231.08 (8) The proceeds of a bond issued under this section may be used for a |
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108 | 108 | | project in this state or any other state, except that if the proceeds of a bond are used |
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109 | 109 | | for a project located in another state, that project shall include a substantial |
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135 | 135 | | MPG:emw |
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136 | 136 | | SECTION 4 ASSEMBLY BILL 724 |
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137 | 137 | | component located in this state, as determined by the executive director the owner |
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138 | 138 | | or operator of that project, or its affiliate, shall have a presence in this state. |
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139 | 139 | | (END) |
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