(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) 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) (intro.) and amended to read:
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:
SECTION 136. 18.56 (9) (a) to (j) of the statutes are renumbered 18.561 (9) (a) to (j).
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 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.
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 142. 18.561 (9) (k) of the statutes is created to read:
18.561 (9) (k) Defeasance of the obligations.
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 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.
(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 security 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 the obligations or the marketability of the obligations, including provisions as to:
(a) Employment of consultants.
(b) Records and accounts.
(c) Establishment of reserve or other funds.
(d) Issuance of additional obligations.
(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.
(f) Defeasance of the 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 18.561 (9) (j) 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 under s. 18.562 (5) (e) 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:
(a) If the fund created under sub. (1) is in an account maintained by a trustee under s. 18.561 (9) (j) or 18.562 (5) (e), the moneys shall be paid over to the treasury and the.
(b) The fund created under sub. (1) shall be closed.
SECTION 147. 18.58 (1) of the statutes is amended to read:
18.58 (1) MANAGEMENT OF FUNDS AND RECORDS. All funds established under this subchapter which are deposited in the state treasury shall be managed as provided by law for other state funds, subject to any contract rights vested in holders owners of evidences of revenue obligation secured by such fund. The department of administration shall maintain full and correct records of each fund. The legislative audit bureau shall audit each fund as of January 1 of each year reconciling all transactions and showing the fair market value of all property on hand. All records and audits shall be public documents. All funds established under this subchapter which are deposited with a trustee under s. 18.56 18.561 (9) (j) or 18.562 (5) (e) shall be managed in accordance with resolutions authorizing the issuance of revenue obligations, agreements between the commission and the trustee and any contract rights vested in holders of evidence owners of revenue obligations secured by such fund.
SECTION 148. 18.60 (1) of the statutes is amended to read:
18.60 (1) The commission may authorize, for any one or more of the purposes described in s. 18.53 (1), the issuance of revenue-obligation refunding bonds. Refunding bonds may be issued, subject to any contract rights vested in holders owners of bonds or notes being refinanced, to refinance more than one issue of bonds or notes notwithstanding that the bonds or notes may have been issued at different times for different purposes and may be secured by the property or income of more than one enterprise or program or may be public debt or building-corporation indebtedness. The principal amount of refunding bonds shall not exceed the sum of: the principal amount of the bonds or notes being refinanced; applicable redemption premiums; unpaid interest on the bonds or notes to the date of delivery or exchange of the refunding bonds; in the event the proceeds are to be deposited in trust as provided in sub. (3), interest to accrue on the bonds or notes from the date of delivery to the date of maturity or to the redemption date selected by the commission, whichever is earlier; and the expenses incurred in the issuance of the refunding bonds and the payment of the bonds or notes. A determination by the commission that a refinancing is advantageous or that any of the amounts provided in the preceding sentence should be included in the refinancing shall be conclusive.
SECTION 149. 18.60 (2) of the statutes is amended to read:
18.60 (2) If the commission determines to exchange refunding bonds, they may be exchanged privately for and in payment and discharge of any of the outstanding bonds or notes being refinanced. Refunding bonds may be exchanged for a like or greater principal amount of the bonds or notes being exchanged therefor except that the principal amount of the refunding bonds may exceed the principal amount of the bonds or notes being exchanged therefor only to the extent determined by the commission to be necessary or advisable to pay redemption premiums and unpaid interest to the date of exchange not otherwise provided for. The holders owners of the bonds or notes being refunded who elect to exchange need not pay accrued interest on the refunding bonds if and to the extent that interest is accrued and unpaid on the bonds or notes being refunded and to be surrendered. If any of the bonds or notes to be refinanced are to be called for redemption, the commission shall determine which redemption dates shall be used, if more than one date is applicable and shall, prior to the issuance of the refunding bonds, provide for notice of redemption to be given in the manner and at the times required by the proceedings authorizing the outstanding bonds or notes.
SECTION 150. 18.60 (5) of the statutes is renumbered 18.60 (5) (intro.) and amended to read:
18.60 (5) (intro.) All of the following provisions of s. 18.56 that are not inconsistent with the express provisions of this section shall apply to refunding bonds, except that the maximum permissible term shall be 50 years from the date of original issue of the oldest note or bond issue being refunded.:
SECTION 151. 18.60 (5) (a) to (c) of the statutes are created to read:
18.60 (5) (a) Section 18.56.
(b) In the case of enterprise obligations, s. 18.561.
(c) In the case of special fund obligations, s. 18.562.
SECTION 152. 18.61 (2) of the statutes is amended to read:
18.61 (2) The state pledges and agrees with the holders owners of any evidences of revenue obligation obligations that the state will not limit or alter its powers to fulfill the terms of any agreements made with the holders owners or in any way impair the rights and remedies of the holders owners until the revenue obligations, together with interest including interest on any unpaid instalments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders owners, are fully met and discharged. The commission may include this pledge and agreement of the state in any agreement with the holders of notes or bonds and in any evidence owners of revenue obligation.
SECTION 153. 18.61 (3) (a) of the statutes is amended to read:
18.61 (3) (a) If the state fails to pay any revenue obligation in accordance with its terms, and default continues for a period of 30 days or if the state fails or refuses to comply with this subchapter or defaults in any agreement made with the holders owner of any issue of revenue obligations, the holders owners of 25% in aggregate principal amount of the revenue obligations of the issue then outstanding by instrument recorded in the office of the register of deeds of Dane county and approved or acknowledged in the same manner as a deed to be recorded may appoint a trustee to represent the holders owners of the notes or bonds revenue obligations for the purposes specifically provided in the instrument.
SECTION 154. 18.61 (3) (b) (intro.) of the statutes is amended to read:
18.61 (3) (b) (intro.) The trustee may, and upon written request of the holders owners of 25% in aggregate principal amount of the revenue obligations of the issue then outstanding shall, in the trustee's own name:
SECTION 155. 18.61 (3) (b) 1. of the statutes is amended to read:
18.61 (3) (b) 1. By action or proceeding, enforce all rights of all holders owners of the issue of revenue obligations, including the right to require the state to collect enterprise or program income adequate to carry out any agreement as to, or pledge of, such income and to require the state to carry out any other agreements with the holders owners of the revenue obligations and to perform its duties under this subchapter;
SECTION 156. 18.61 (3) (b) 3. of the statutes is amended to read:
18.61 (3) (b) 3. By action, require the state to account as if it were the trustee of an express trust for the holders owners of the revenue obligations;
SECTION 157. 18.61 (3) (b) 4. of the statutes is amended to read:
18.61 (3) (b) 4. By action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders owners of the revenue obligations; and
SECTION 158. 18.61 (3) (c) of the statutes is amended to read:
18.61 (3) (c) The trustee shall have all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this subchapter or incident to the general representation of the holders owners of revenue obligations in the enforcement and protection of their rights.
SECTION 159. 18.61 (4) of the statutes is amended to read:
18.61 (4) Any public officer or public employe, as defined in s. 939.22 (30), and the surety on the person's official bond, or any other person participating in any direct or indirect impairment of any fund established under this subchapter, shall be liable in any action brought by the attorney general in the name of the state, or by any taxpayer of the state, or by the holder of any evidence owner of revenue obligation payable in whole or in part, directly or indirectly, out of such fund, to restore to the fund all diversions from the fund.
SECTION 160. 19.32 (1) of the statutes is amended to read:
19.32 (1) "Authority" means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing.
SECTION 161. 19.35 (1) (am) 2. c. of the statutes is amended to read:
19.35 (1) (am) 2. c. Endanger the security, including the security of the population or staff, of any state correctional institution, as defined in s. 301.01 (4) prison under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), secured group home, as defined in s. 938.02 (15p), mental health institute, as defined in s. 51.01 (12), or center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.
SECTION 162. 19.36 (10) of the statutes is created to read:
19.36 (10) HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYES. An authority may withhold from inspection and copying under s. 19.35 (1) (a) any information contained in a record of that authority pertaining to the home address or home telephone number of an employe of the authority.
SECTION 163. 19.37 (2) of the statutes is amended to read:
19.37 (2) COSTS, FEES AND DAMAGES. (a) Except as provided in this paragraph and s. 893.83, the court shall award reasonable attorney fees, damages of not less than $100, and other actual costs to the requester if the requester prevails in whole or in substantial part in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (a). If the requester is a committed or incarcerated person, the requester is not entitled to any minimum amount of damages, but the court may award damages unless the action relates to a matter specified in s. 893.83. Costs and fees shall be paid by the authority affected or the unit of government of which it is a part, or by the unit of government by which the legal custodian under s. 19.33 is employed and may not become a personal liability of any public official.
(b) In Except as provided in s. 893.83, in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (am), if the court finds that the authority acted in a wilful or intentional manner, the court shall award the individual actual damages sustained by the individual as a consequence of the failure.
SECTION 164. 19.37 (3) of the statutes is amended to read:
19.37 (3) PUNITIVE DAMAGES. If Notwithstanding s. 893.83, if a court finds that an authority or legal custodian under s. 19.33 has arbitrarily and capriciously denied or delayed response to a request or charged excessive fees, the court may award punitive damages to the requester.
SECTION 165. 19.82 (1) of the statutes is amended to read:
19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV or V of ch. 111.
SECTION 166. 20.002 (11) (b) of the statutes is renumbered 20.002 (11) (b) 1. and amended to read:
20.002 (11) (b) 1. The secretary of administration shall limit the total amount of any temporary reallocations to a fund other than the general fund to $400,000,000. The
2. Except as provided in subd. 3, the secretary of administration shall limit the total amount of any temporary reallocations to the general fund at any one time during a fiscal year to an amount equal to 5% of the total amounts shown in the schedule under s. 20.005 (3) of appropriations of general purpose revenues, calculated by the secretary as of that time and for that fiscal year.
4. This paragraph does not apply to reallocations from the budget stabilization fund to the general fund.
SECTION 167. 20.002 (11) (b) 3. of the statutes is created to read:
20.002 (11) (b) 3. In addition to the amount permitted for temporary reallocations in subd. 2., the secretary may permit an additional 3% of the total amounts shown in the schedule under s. 20.005 (3) of appropriations of general purpose revenues, calculated by the secretary as of that time and for that fiscal year, to be used for temporary reallocations to the general fund but only if the reallocation is for a period not to exceed 30 days. Reallocations may not be made under this subdivision for consecutive periods.
SECTION 168. 20.003 (4) of the statutes is renumbered 20.003 (4) (intro.) and amended to read:
20.003 (4) REQUIRED GENERAL FUND BALANCE. (intro.) No bill directly or indirectly affecting general purpose revenues as defined in s. 20.001 (2) (a) may be enacted by the legislature if the bill would cause the estimated general fund balance on June 30 of any fiscal year specified in this subsection, as projected under s. 20.005 (1), to be an amount equal to less than one percent the following percentage of the total general purpose revenue appropriations for that fiscal year plus any amount from general purpose revenue designated as "Compensation Reserves" for that fiscal year in the summary under s. 20.005 (1).:
SECTION 169. 20.003 (4) (a) to (g) of the statutes are created to read:
