SECTION 114n. 16.967 (11) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.
SECTION 114p. 16.971 (5) of the statutes is repealed.
SECTION 115. 16.971 (9) of the statutes is amended to read:
16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (ja) and, (kp) and (kq). When acting under this subsection, the division shall give priority to assisting counties that show the greatest need for additional assistant district attorney positions based on the weighted prosecutor caseload measurement formula developed by the department of administration under s. 978.042 (1), unless such a county informs the division that it does not want to be given priority in receiving assistance. The division shall annually report to the legislature under s. 13.172 (2) concerning the division's efforts to improve and increase the efficiency of integration of justice information systems.
SECTION 115e. 16.973 (1) (a) of the statutes is renumbered 16.973 (1) (ar).
SECTION 115m. 16.973 (1) (ag) of the statutes is created to read:
16.973 (1) (ag) "Broadcasting corporation" has the meaning given under s. 39.81 (2).
SECTION 115s. 16.973 (2) (b) of the statutes is amended to read:
16.973 (2) (b) Provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos as the division considers to be appropriate and as the division can efficiently and economically provide. The division may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The division may charge local governmental units, the broadcasting corporation and qualified private schools, postsecondary institutions, museums and zoos for services provided to them under this paragraph in accordance with a methodology determined by the secretary. Use of telecommunications services by a qualified private school or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The division shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.
SECTION 116. 16.974 (7) of the statutes is amended to read:
16.974 (7) (a) Subject to s. 196.218 (4r) (f), coordinate Coordinate with the technology for educational achievement in Wisconsin board to provide school districts, and cooperative educational service agencies and technical college districts with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.
(b) Coordinate Subject to s. 44.73 (5), coordinate with the technology for educational achievement in Wisconsin board to provide private colleges and, technical college districts, public library boards and public library systems with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.
(c) Coordinate with the technology for educational achievement in Wisconsin board to provide private schools with telecommunications access under s. 196.218 (4r) 44.73 and contract with telecommunications providers to provide such access.
SECTION 117. 16.974 (7) (d) of the statutes is created to read:
16.974 (7) (d) Coordinate with the technology for educational achievement in Wisconsin board to provide the Wisconsin School for the Visually Handicapped and the Wisconsin School for the Deaf with telecommunications access under s. 44.73 and contract with telecommunications providers to provide such access.
SECTION 117m. 16.98 (4) of the statutes is created to read:
16.98 (4) From the appropriation under s. 20.505 (1) (fo), the department may provide grants to any organization with which the department contracts to operate the program under sub. (1).
SECTION 118. 17.13 (intro.) of the statutes is amended to read:
17.13 Removal of village, town, town sanitary district, school district and, technical college and family care district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts and, technical college districts and family care districts may be removed as follows:
SECTION 119. 17.13 (4) of the statutes is created to read:
17.13 (4) APPOINTIVE OFFICERS OF A FAMILY CARE DISTRICT. Any member of a family care district board appointed under s. 46.2895 (3) (a) 1., by the appointing authority for cause.
SECTION 120. 17.15 (5) of the statutes is created to read:
17.15 (5) FAMILY CARE DISTRICT. Any member of a family care district governing board appointed under s. 46.2895 (3) (a) 2. may be removed by the appointing authority for cause.
SECTION 121. 17.27 (3m) of the statutes is created to read:
17.27 (3m) FAMILY CARE DISTRICT BOARD. If a vacancy occurs in the position of any appointed member of a family care district board, the appointing authority shall appoint to serve for the residue of the unexpired term a person who meets the applicable requirements under s. 46.2895 (3) (b).
SECTION 121g. 18.04 (2) of the statutes is renumbered 18.04 (2) (a) and amended to read:
18.04 (2) (a) The Except as provided in par. (b), commission shall authorize public debt to be contracted and evidences of indebtedness to be issued therefor up to the amounts specified by the legislature to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, equipment or facilities or to make funds available for veterans' housing loans for the classes of public purposes specified by the legislature as the funds are required. Said requirements for funds shall be established by that department or agency head having program responsibilities for which public debt has been authorized by the legislature.
SECTION 121r. 18.04 (2) (b) of the statutes is created to read:
18.04 (2) (b) 1. In this paragraph, "broadcasting corporation" has the meaning given in s. 39.81 (2).
2. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation and if the board of regents of the University of Wisconsin System has not contracted with the broadcasting corporation for the operation of television stations and for the joint use of production and broadcast facilities owned by the board, the commission may not authorize public debt to be contracted to aid in the acquisition, construction, development, enlargement or improvement of facilities and equipment related to the conversion to digital television for the University of Wisconsin System.
3. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation and if the district board of the Milwaukee Area Technical College has not contracted with the broadcasting corporation for the operation of television stations and for the joint use of production and broadcast facilities owned by the board, the commission may not authorize public debt to be contracted to aid in the acquisition, construction, development, enlargement or improvement of facilities and equipment related to the conversion to digital television for the Milwaukee Area Technical College.
SECTION 122. 18.51 of the statutes is amended to read:
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 obligation": ss. 18.02, 18.03, 18.06 (8), 18.07, 18.10 (1), (2), (4) to (9) and (11) and 18.17.
SECTION 123. 18.52 (2m) (intro.) of the statutes is created to read:
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:
SECTION 124. 18.52 (5) (intro.) of the statutes is renumbered 18.52 (5) and amended to read:
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.
SECTION 125. 18.52 (5) (a) of the statutes is renumbered 18.52 (2m) (a) and amended to read:
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;.
SECTION 126. 18.52 (5) (b) of the statutes is renumbered 18.52 (2m) (b) and amended to read:
18.52 (2m) (b) Payable solely from and secured solely by the property or income or both of the enterprise or program; and.
SECTION 127. 18.52 (5) (c) of the statutes is renumbered 18.52 (2m) (c).
SECTION 128. 18.52 (7) of the statutes is created to read:
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:
(a) Payable from a special fund consisting of fees, penalties or excise taxes.
(b) Not public debt under s. 18.01 (4).
SECTION 129. 18.52 (8) of the statutes is created to read:
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.
SECTION 130. 18.53 (3) of the statutes is renumbered 18.53 (3) (intro.) and amended to read:
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:
SECTION 131. 18.53 (3) (a) and (b) of the statutes are created to read:
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.
(b) In the case of special fund obligations, the amount specified by the legislature for such expenditures to be paid from special fund obligations.
SECTION 131m. 18.55 (3) of the statutes is amended to read:
18.55 (3) (title) REVENUE-OBLIGATION BONDS REVENUE OBLIGATIONS. Revenue-obligation bonds Revenue obligations may be sold at either public or private sale. The commission may provide in the authorizing resolution for refunding bonds obligations that they be exchanged privately in payment and discharge of any of the outstanding bonds or notes being refunded. All revenue-obligation bonds revenue obligations sold at public sale shall be noticed as provided in the authorizing resolution. Any or all bids received at public sale may be rejected.
SECTION 132. 18.56 (1) of the statutes is renumbered 18.56 and amended to read:
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.
SECTION 133. 18.56 (2) to (6) of the statutes are renumbered 18.561 (2) to (6) and amended to read:
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.
(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.
(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.
(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) appointed for that purpose in the authorizing resolution 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.
(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.
SECTION 134. 18.56 (7) and (8) of the statutes are renumbered 18.561 (7) and (8).
SECTION 135. 18.56 (9) (intro.) of the statutes is renumbered 18.561 (9) and amended to read:
18.561 (9) AUTHORIZING RESOLUTION. 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, including but not limited to provisions as to: enterprise obligations.
SECTION 136m. 18.56 (9) (a) to (j) of the statutes are repealed.
SECTION 137. 18.56 (10) of the statutes is renumbered 18.561 (10) and amended to read:
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 obligations 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.
SECTION 138. 18.561 (title) of the statutes is created to read:
18.561 (title) Enterprise obligations.
SECTION 139. 18.561 (1) of the statutes is created to read:
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.
SECTION 140. 18.561 (7) (title) of the statutes is created to read:
18.561 (7) (title) PAYMENT FOR SERVICES.
SECTION 141. 18.561 (8) (title) of the statutes is created to read:
18.561 (8) (title) RATES FOR SERVICES.
SECTION 143. 18.562 of the statutes is created to read:
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.
(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.
(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 appointed for that purpose in the authorizing resolution 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.
(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.
(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 special fund obligations or the marketability of the special fund obligations.
SECTION 144. 18.57 (title) of the statutes is repealed and recreated to read:
18.57 (title) Funds established for revenue obligations.
SECTION 145. 18.57 (1) of the statutes is amended to read:
18.57 (1) A separate and distinct fund shall be established in the state treasury or in an account maintained by a trustee under s. 18.56 appointed for that purpose by the authorizing resolution with respect to each revenue-producing enterprise or program the income from which is to be applied to the payment of any revenue enterprise obligation. A separate and distinct fund shall be established in the state treasury or in an account maintained by a trustee appointed for that purpose by the authorizing resolution with respect to any special fund that is created by the imposition of fees, penalties or excise taxes and is applied to the payment of special fund obligations. All moneys resulting from the issuance of evidences of revenue obligation shall be credited to the appropriate fund or applied for refunding or note renewal purposes, except that moneys which represent premium or accrued interest received on the issuance of evidences shall be credited to the appropriate redemption fund.
SECTION 146. 18.57 (4) of the statutes is renumbered 18.57 (4) (intro.) and amended to read:
18.57 (4) (intro.) If, after all outstanding related revenue obligations have been paid or payment provided for, moneys remain in any such a fund, they created under sub. (1), all of the following shall occur: