Amendment ASA1-AB218

LRBs0025/1

RCT&KSH:cmh:km

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 218

March 18, 1999 - Offered by Joint committee on Audit.

AB218-ASA1,2,8 An Act to repeal 101.143 (3) (g) 2.; to renumber 18.52 (5) (c) and 18.56 (7) and (8); to renumber and amend 18.52 (5) (intro.), 18.52 (5) (a), 18.52 (5) (b), 18.53 (3), 18.56 (1), 18.56 (2) to (6), 18.56 (9) (intro.), 18.56 (9) (a) to (j), 18.56 (10), 18.57 (4), 18.60 (5), 25.47 and 101.143 (4) (cm); to consolidate, renumber and amend 101.143 (3) (g) (intro.) and 1.; to amend 13.485 (2), 18.51, 18.57 (1), 18.58 (1), 18.60 (1), 18.60 (2), 18.61 (2), 18.61 (3) (a), 18.61 (3) (b) (intro.), 18.61 (3) (b) 1., 18.61 (3) (b) 3., 18.61 (3) (b) 4., 18.61 (3) (c), 18.61 (4), 20.143 (3) (v), 45.79 (9) (a), 84.59 (2), 85.52 (5) (c), 101.143 (3) (c) 2., 101.143 (3) (cm), 101.143 (3) (d), 101.143 (4) (b) (intro.), 101.143 (4) (d) 2. (intro.) and 281.59 (4) (b); to repeal and recreate 18.57 (title); and to create 18.52 (2m) (intro.), 18.52 (7), 18.52 (8), 18.53 (3) (a) and (b), 18.561 (title), 18.561 (1), 18.561 (7) (title), 18.561 (8) (title), 18.561 (9) (k), 18.562, 18.60 (5) (a) to (c), 20.143 (3) (s), 20.143 (3) (t), 20.143 (3) (u), 20.143 (3) (vb), 25.47 (5), 101.143 (1) (bm), 101.143 (1) (cq), 101.143 (2) (h), 101.143 (2) (i), 101.143 (2) (j), 101.143 (2e), 101.143 (3) (cg), 101.143 (3) (cp), 101.143 (3) (cs), 101.143 (3) (cw), 101.143 (4) (c) 10., 101.143 (4) (c) 11., 101.143 (4) (c) 12., 101.143 (4) (cm) 2., 101.143 (9m) and 101.143 (11) of the statutes; relating to: the petroleum storage remedial action program; authorizing revenue obligations to fund payment of claims under the petroleum storage remedial action program; authorizing a new type of revenue obligation; granting revenue bonding authority; granting rule-making authority; and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB218-ASA1, s. 1 Section 1. 13.485 (2) of the statutes is amended to read:

AB218-ASA1,2,16 13.485 (2) The building commission may, under s. 18.56 18.561 (5) and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund, outside the state treasury, in an account maintained by a trustee, fees and charges derived from the facilities or from agreements entered into under sub. (4). The fees and charges deposited are the trustee's moneys in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the fees and charges to the repayment of revenue obligations issued under this section.

AB218-ASA1, s. 2 Section 2. 18.51 of the statutes is amended to read:

AB218-ASA1,2,22 18.51 Provisions applicable. The following sections apply to this subchapter, except that all references to "public debt" or "debt" are deemed shall be read to refer to a "revenue obligation" and all references to "evidences of indebtedness" shall be read to refer to "evidences of revenue obligations": ss. 18.02, 18.03, 18.06 (8), 18.07, 18.10 (1), (2), (4) to (9) and (11) and 18.17.

AB218-ASA1, s. 3 Section 3. 18.52 (2m) (intro.) of the statutes is created to read:

AB218-ASA1,3,2 18.52 (2m) (intro.) "Enterprise obligation" means every undertaking by the state to repay a certain amount of borrowed money that is all of the following:

AB218-ASA1, s. 4 Section 4. 18.52 (5) (intro.) of the statutes is renumbered 18.52 (5) and amended to read:

AB218-ASA1,3,8 18.52 (5) "Revenue obligation" means every undertaking by the state to repay a certain amount of borrowed money which is: an enterprise obligation or a special fund obligation. A revenue obligation may be both an enterprise obligation and a special fund obligation.

AB218-ASA1, s. 5 Section 5. 18.52 (5) (a) of the statutes is renumbered 18.52 (2m) (a) and amended to read:

AB218-ASA1,3,13 18.52 (2m) (a) Created for the purpose of purchasing, acquiring, leasing, constructing, extending, expanding, adding to, improving, conducting, controlling, operating or managing a revenue-producing enterprise or program;.

AB218-ASA1, s. 6 Section 6. 18.52 (5) (b) of the statutes is renumbered 18.52 (2m) (b) and amended to read:

AB218-ASA1,3,17 18.52 (2m) (b) Payable solely from and secured solely by the property or income or both of the enterprise or program; and.

AB218-ASA1, s. 7 Section 7. 18.52 (5) (c) of the statutes is renumbered 18.52 (2m) (c).

AB218-ASA1, s. 8 Section 8. 18.52 (7) of the statutes is created to read:

AB218-ASA1,3,21 18.52 (7) "Special fund obligation" means every undertaking by the state to repay a certain amount of borrowed money that is all of the following:

AB218-ASA1,3,22 (a) Payable from a special fund consisting of fees, penalties or excise taxes.

AB218-ASA1,3,23 (b) Not public debt under s. 18.01 (4).

AB218-ASA1, s. 9 Section 9. 18.52 (8) of the statutes is created to read:

AB218-ASA1,4,3 18.52 (8) "Special fund program" means a state program or purpose with respect to which the legislature has determined that financing with special fund obligations is appropriate and will serve a public purpose.

AB218-ASA1, s. 10 Section 10. 18.53 (3) of the statutes is renumbered 18.53 (3) (intro.) and amended to read:

AB218-ASA1,4,13 18.53 (3) (intro.) The commission shall authorize money to be borrowed and evidences of revenue obligation to be issued therefor up to the amounts specified by the legislature to purchase, acquire, lease, construct, extend, expand, add to, improve, conduct, control, operate or manage such revenue-producing enterprises or programs as are specified by the legislature as the funds are required. The requirements for funds shall be established by the state department or agency head carrying out program responsibilities for which the revenue obligations have been authorized by the legislature., but shall not exceed the following:

AB218-ASA1, s. 11 Section 11. 18.53 (3) (a) and (b) of the statutes are created to read:

AB218-ASA1,4,18 18.53 (3) (a) In the case of enterprise obligations, the amounts specified by the legislature to purchase, acquire, lease, construct, extend, expand, add to, improve, conduct, control, operate or manage such revenue-producing enterprises or programs as are specified by the legislature.

AB218-ASA1,4,20 (b) In the case of special fund obligations, the amount specified by the legislature for such expenditures to be paid from special fund obligations.

AB218-ASA1, s. 12 Section 12. 18.56 (1) of the statutes is renumbered 18.56 and amended to read:

AB218-ASA1,5,8 18.56 Revenue bonds obligations. The commission may authorize, for any of the purposes described in s. 18.53 (3), the issuance of revenue-obligation bonds revenue obligations. The bonds revenue obligations shall mature at any time not exceeding 50 years from the date thereof as the commission shall determine. The bonds revenue obligations shall be payable only out of the redemption fund provided under sub. s. 18.561 (5) or 18.562 (3) and each bond revenue obligation shall contain on its face a statement to that effect. Any such bonds A revenue obligation may contain a provision authorizing redemption, in whole or in part, at stipulated prices, at the option of the commission and shall provide the method of redeeming the bonds. The state and a contracting party may provide in any contract for purchasing or acquiring a revenue-producing enterprise or program, that payment shall be made in such bonds revenue obligations.

AB218-ASA1, s. 13 Section 13. 18.56 (2) to (6) of the statutes are renumbered 18.561 (2) to (6) and amended to read:

AB218-ASA1,6,18 18.561 (2) Security interests of owners of enterprise obligations. There shall be is a mortgage lien upon or security interest in the income and property of each revenue-producing enterprise or program to for the benefit of the holders owners of the related bonds and to the holders of the coupons of the bonds. The note or other instrument evidencing the security interest of a bondholder in a loan made or purchased with revenue obligation bonds shall constitute a statutory lien on the revenue enterprise obligations. No physical delivery, recordation or other action is required to perfect the security interest. The income and property of the revenue-producing enterprise or program shall remain subject to the lien until provision for payment in full of the principal and interest of the bonds enterprise obligations has been made, as provided in the authorizing resolution. Any holder owner of such bonds or attached coupons enterprise obligations may either at law or in equity protect and enforce the lien and compel performance of all duties required by this section. If there is any default in the payment of the principal or interest of any of such bonds enterprise obligations, any court having jurisdiction of the action may appoint a receiver to administer the revenue-producing enterprise or program on behalf of the state and the bondholders owners of the enterprise obligations, with power to charge and collect rates sufficient to provide for the payment of the operating expenses and also to pay any bonds or enterprise obligations outstanding against the revenue-producing enterprise or program, and to apply the income and revenues thereof in conformity with this subchapter and the authorizing resolution, or the court may declare the whole amount of the bonds enterprise obligations due and payable, if such relief is requested, and may order and direct the sale of the revenue-producing enterprise or program. Under any sale so ordered, the purchaser shall be vested with an indeterminate permit to maintain and operate the revenue-producing enterprise or program. The legislature may provide for additions, extensions and improvements to a revenue-producing enterprise or program to be financed by additional issues of bonds enterprise obligations as provided by this section. Such additional issues of bonds enterprise obligations shall be subordinate to all prior related issues of bonds enterprise obligations which may have been made under this section, unless the legislature, in the statute authorizing the initial issue of bonds enterprise obligations, permits the issue of additional bonds enterprise obligations on a parity therewith.

AB218-ASA1,7,7 (3) Dedication of revenues. As accurately as possible in advance, the commission and the state department or agency carrying out program responsibilities for which bonds enterprise obligations are to be issued shall determine, and the commission shall fix in the authorizing resolution for such bonds enterprise obligations: the proportion of the revenues of the revenue-producing enterprise or program which shall be necessary for the reasonable and proper operation and maintenance thereof; the proportion of the revenues which shall be set aside as a proper and adequate replacement and reserve fund; and the proportion of the revenues which shall be set aside and applied to the payment of the principal and interest of the bonds enterprise obligations, and shall provide that the revenues be set aside in separate funds. At any time after one year's operation, the state department or agency and the commission may recompute the proportion of the revenues which shall be assignable under this subsection based upon the experience of operation or upon the basis of further financing.

AB218-ASA1,7,19 (4) Replacement and reserve fund. The proportion set aside to the replacement and reserve fund shall be available and shall be used, whenever necessary, to restore any deficiency in the redemption fund for the payment of the principal and interest due on bonds enterprise obligations and for the creation and maintenance of any reserves established by the authorizing resolution to secure such payments. At any time when the redemption fund is sufficient for said purposes, moneys in the replacement and reserve fund may, subject to available appropriations, be expended either in the revenue-producing enterprise or program or in new acquisitions, constructions, extensions or, additions, expansions or improvements. Any accumulations of the replacement and reserve fund may be invested as provided in this subchapter, and if invested, the income from the investment shall be carried in the replacement and reserve fund.

AB218-ASA1,8,7 (5) Redemption fund. The proportion which shall be set aside for the payment of the principal and interest of such bonds on the enterprise obligations shall from month to month as they accrue and are received, be set apart and paid into a separate fund in the treasury or in an account maintained by a trustee under sub. (9) (j) to be identified as "the ... redemption fund". Each redemption fund shall be expended, and all moneys from time to time on hand therein are irrevocably appropriated, in sums sufficient, only for the payment of principal and interest on the revenue enterprise obligations giving rise to it and premium, if any, due upon refunding redemption of any such obligations. Moneys in the redemption funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dr). All such investments shall be the exclusive property of the fund and all earnings on or income from such investments shall be credited to the fund.

AB218-ASA1,8,10 (6) Redemption fund surplus. If any surplus is accumulated in any of the redemption funds, subject to any contract rights vested in holders owners of revenue enterprise obligations secured thereby, it shall be paid over to the treasury.

AB218-ASA1, s. 14 Section 14. 18.56 (7) and (8) of the statutes are renumbered 18.561 (7) and (8).

AB218-ASA1, s. 15 Section 15. 18.56 (9) (intro.) of the statutes is renumbered 18.561 (9) (intro.) and amended to read:

AB218-ASA1,8,22 18.561 (9) Authorizing resolution. (intro.) The commission may provide in the authorizing resolution for bonds enterprise obligations or by subsequent action all things necessary to carry into effect this section. Any authorizing resolution shall constitute a contract with the holder owners of any bonds enterprise obligations issued pursuant to such the resolution. Any authorizing resolution may contain such provisions or covenants, without limiting the generality of the power to adopt the resolution, as is are deemed necessary or desirable for the security of bondholders the owners of enterprise obligations or the marketability of the bonds enterprise obligations, including but not limited to provisions as to:

AB218-ASA1, s. 16 Section 16. 18.56 (9) (a) to (j) of the statutes are renumbered 18.561 (9) (a) to (j), and 18.561 (9) (i) and (j), as renumbered, are amended to read:

AB218-ASA1,8,25 18.561 (9) (i) Issuance of additional bonds enterprise obligations.

AB218-ASA1,9,3 (j) Deposit of the proceeds of the sale of the bonds enterprise obligations or revenues of the revenue-producing enterprise or program in trust, including the appointment of depositories or trustees.

AB218-ASA1, s. 17 Section 17. 18.56 (10) of the statutes is renumbered 18.561 (10) and amended to read:

AB218-ASA1,9,25 18.561 (10) Sinking fund. The authorizing resolution may set apart bonds enterprise obligations the par value of which are equal to the principal amount of any secured obligation or charge subject to which a revenue-producing enterprise or program is to be purchased or acquired, and shall set aside in a sinking fund from the income of the revenue-producing enterprise or program, a sum sufficient to comply with the requirements of the instrument creating the security , or if interest. If the instrument does not make any provision therefor for a sinking fund, the resolution shall fix and determine the amount which that shall be set aside into such the sinking fund from month to month for interest on the secured obligation or charge, and a fixed amount or proportion not exceeding a stated sum, which shall be not less than one percent of the principal, to be set aside into the fund to pay the principal of the secured obligation or charge. Any balance in the fund after satisfying the secured obligations or charge, shall be transferred to the redemption fund. Bonds Enterprise obligations set aside for the secured obligation or charge may, from time to time, be issued to an amount sufficient with the amount then in the sinking fund, to pay and retire the secured obligation or charge or any portion thereof. The bonds enterprise obligation may be issued in exchange for or satisfaction of the secured obligation or charge, or may be sold in the manner provided in this subchapter, and the proceeds applied in payment of the same at maturity or before maturity by agreement with the holder owner of the secured obligation or charge. The commission and the owners of any revenue-producing enterprise or program acquired or purchased may, upon such terms and conditions as are satisfactory, contract that bonds enterprise obligations to provide for the discharge of the secured obligation or charge, or for the whole purchase price shall be deposited with a trustee or depository and released from the deposit from time to time on such terms and conditions as are necessary to secure the payment of the secured obligation or charge.

AB218-ASA1, s. 18 Section 18. 18.561 (title) of the statutes is created to read:

AB218-ASA1,10,8 18.561 (title) Enterprise obligations.

AB218-ASA1, s. 19 Section 19. 18.561 (1) of the statutes is created to read:

AB218-ASA1,10,12 18.561 (1) Payment with revenue obligations. The state and a contracting party may provide, in any contract for purchasing or acquiring a revenue-producing enterprise or program, that payment shall be made in revenue obligations.

AB218-ASA1, s. 20 Section 20. 18.561 (7) (title) of the statutes is created to read:

AB218-ASA1,10,14 18.561 (7) (title) Payment for services.

AB218-ASA1, s. 21 Section 21. 18.561 (8) (title) of the statutes is created to read:

AB218-ASA1,10,16 18.561 (8) (title) Rates for services.

AB218-ASA1, s. 22 Section 22. 18.561 (9) (k) of the statutes is created to read:

AB218-ASA1,10,18 18.561 (9) (k) Defeasance of the obligations.

AB218-ASA1, s. 23 Section 23. 18.562 of the statutes is created to read:

AB218-ASA1,11,5 18.562 Special fund obligations. (1) Security interest in special fund. There is a security interest, for the benefit of the owners of the special fund obligations, in the amounts that arise after the creation of the special fund program in the special fund related to the special fund obligations. For this purpose, amounts in the special fund shall be accounted for on a first-in, first-out basis. No physical delivery, recordation or other action is required to perfect the security interest. The special fund shall remain subject to the security interest until provision for payment in full of the principal and interest of the special fund obligations has been made, as provided in the authorizing resolution. An owner of special fund obligations may either at law or in equity protect and enforce the security interest and compel performance of all duties required by this section.

AB218-ASA1,11,11 (2) Use of special fund moneys. The commission and the state agency carrying out the special fund program responsibilities shall jointly determine, and the commission shall fix in the authorizing resolution for the obligations, the conditions under which money in the special fund shall be set aside and applied to the payment of the principal and interest of the obligations, deposited in funds established under the authorizing resolution or made available for other purposes.

AB218-ASA1,11,23 (3) Redemption fund. The special fund revenues that are to be set aside for the payment of the principal and interest of the special fund obligations shall be paid into a separate fund in the treasury or in an account maintained by a trustee under sub. (5) (e) to be identified as "the ... redemption fund". Each redemption fund shall be expended, and all moneys from time to time on hand therein are irrevocably appropriated, in sums sufficient, only for the payment of principal and interest on the special fund obligations giving rise to it and premium, if any, due upon redemption of any such obligations. Moneys in the redemption funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dr). All such investments shall be the exclusive property of the fund and all earnings on or income from such investments shall be credited to the fund.

AB218-ASA1,12,3 (4) Surplus. If any surplus is accumulated in any of the redemption funds, subject to contract rights vested in the owners of special fund obligations secured thereby, it shall be paid over to the treasury.

AB218-ASA1,12,11 (5) Authorizing resolution. The commission may provide in the authorizing resolution for special fund obligations or by subsequent action all things necessary to carry into effect this section. Any authorizing resolution shall constitute a contract with the owners of any special fund obligations issued pursuant to the resolution. An authorizing resolution may contain such provisions or covenants, without limiting the generality of the power to adopt the resolution, as are deemed necessary or desirable for the security of owners of the obligations or the marketability of the obligations, including provisions as to:

AB218-ASA1,12,12 (a) Employment of consultants.

AB218-ASA1,12,13 (b) Records and accounts.

AB218-ASA1,12,14 (c) Establishment of reserve or other funds.

AB218-ASA1,12,15 (d) Issuance of additional obligations.

AB218-ASA1,12,17 (e) Deposit of the proceeds of the sale of the obligations or revenues of the special fund in trust, including the appointment of depositories or trustees.